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Chief Justice Confirms Cross-Examination Principles in Alberta

On March 21, 2017, the Court of Queen’s Bench of Alberta ruled against the Alberta government in Alberta (Attorney General) v. ENMAX PPA Management Inc. et al., a controversial legal action brought in 2016 by the provincial government…more

Is there a Doctor in the House? How the Travel Ban Could Impact the Healthcare Industry

On March 15, 2017, a federal judge in Hawaii issued a ruling that enjoined the Trump administration’s revised executive order intended to suspend admission of foreign nationals from six designated countries. On March 16, a second…more

Your Daily Dose of Financial News

Greenlight Capital’s David Einhorn is pushing GM to split its common stock into two classes—one for dividends and the other for all additional earnings—in an effort to boost the carmaker’s market cap. GM’s not on board…more

The UK sets in motion its exit from the European Union

Following the British public referendum to leave the EU on June 23, 2016, the UK government served notice under Article 50 of the Treaty on the European Union (TEU) on March 29, 2017. The period between the referendum and the…more

New Fairfax County Proffer Compliance Requirements Released

A new initiative to provide better proffer compliance tracking has launched in Fairfax County. The initiative requires applicants to submit a standalone proffer compliance matrix beginning at the first site plan submission. That…more

Tips Cannot Be Used to Satisfy Minimum Wage Requirement for Non-Tipped Work

The hospitality industry continues to battle numerous lawsuits claiming that employers failed to properly compensate employees who earn a portion of their wages through tips. Earlier this month, the Tenth Circuit Court of Appeals ruled…more

FDA Approves Sanofi and Regeneron’s Dupixent (dupilumab)

Sanofi and Regeneron announced yesterday that their Dupixent® (dupilumab) product has received FDA approval for the treatment of adults with moderate-to-severe atopic dermatitis (AD) whose disease is not adequately controlled with…more

EPA’s Budget was Cut How Much? Making Sense of the White House’s “Budget Blueprint to Make America Great Again"

On March 16, the White House released its proposed fiscal year 2018 budget outline entitled “A Budget Blueprint to Make America Great Again.” Fully realizing one of the President’s priorities—to ease the burden of Federal…more

Distillations: A Place Where Everybody Knows Your Name

Today’s upstart craft brewer/distiller/vintner might naturally want to name her new creation (whether the name of the company itself or a distinct product) after herself. The existence of brands such as GALLO, BUSCH, FOSTER’S and…more

Missouri Adopts Daubert Standard Governing the Admissibility of Expert Opinion Evidence

On March 28, 2017, Missouri Governor Eric Greitens signed House Bill 153 into law, repealing Section 490.065 RSMo governing the admissibility of expert witness opinion testimony and replacing it with provisions mirroring the expert…more

SDNY Finds Three of Commerzbank AG’s RMBS Claims Against The Bank of New York Mellon Timely Under German Three-Year Statute of Limitations

On March 21, 2017, Judge George Daniels of the United States District Court for the Southern District of New York partially granted and partially denied defendant’s motion to dismiss in Commerzbank AG v. The Bank of New York Mellon…more

Lessons from the Competition Appeal Tribunal Hearings in Merricks v. MasterCard and Gibson v. Pride Mobility Scooters

The UK held the first two hearings under its new opt-out class action procedure. The precise rules governing UK class actions will be developed over time from the general guidelines in the statute. There are significant similarities…more

A New Era for Medicaid

Congress is currently debating the American Health Care Act (AHCA), the “repeal and replace” legislation that calls for fundamental changes to Medicaid. As currently proposed, AHCA will cut Medicaid spending by $880 billion over the…more

SFC to Introduce New Excess Positions: Relevance for Asset Managers

On 21 March 2017, the Securities and Futures Commission (SFC) published its consultation conclusions on proposed changes to the position limit regime in Hong Kong. Expected to come into force on 1 June 2017, the changes include…more

Client Alert - Endrew F. v. Douglas County School District RE-1

On March 22, 2017, the U.S. Supreme Court issued a decision reassessing the standards by which schools must provide students with disabilities a free appropriate public education (FAPE) under the Individuals with Disabilities Education…more

Is There a Correlation Between the Time Under Submission and the Result in Civil Cases (2010-2016)?

Last week, we looked at the average time under submission at the Illinois Supreme Court from allowance of the petition for leave to appeal to oral argument to decision. Over at the California Supreme Court, we’ve shown that…more

Violence Against Women

The facts alleged are horrific. A supervisor had a history of screaming obscenities and throwing things at women who worked for him. The employer sent him to anger management classes. His preferred victim was seven months pregnant when…more

Dilapidations Claims: Repair or Despair?

How can landlords make sure they can claim for the diminution in the value of their reversion when the lease of a dilapidated property comes to an end? Doing no work but hoping to claim was not a successful strategy for the landlord in…more

IL Supreme Court Avoids Ruling on Constitutionality of Hospital Exemption

The Illinois Supreme Court has issued an opinion in Carle Foundation v. Cunningham Township, the case involving the constitutionality of the statute granting hospitals a special property tax exemption. In remanding this case back to…more

ALJ Rules that OFCCP Exceeded its Authority in Demanding Certain Employee Compensation Data from Google

In January, the OFCCP filed an administrative complaint against Google for denying access to records in violation of applicable federal affirmative action laws and implementing regulations. The Administrative Law Judge (ALJ) denied…more

New Acting Solicitor of Labor Department Signals Emphasis on ‘Humility’

In some of his first public comments since taking office, Department of Labor Acting Solicitor Nicholas Geale has signaled a shift in policies, telling attendees at a Georgetown University Law Center event that his department will…more

The Pros and Cons of Social Media in Job Screenings

It is not surprising that a recent survey released by the Society for Human Resource Management revealed that a growing number of employers are using social media both to hire and to disqualify job candidates. Social media sites have…more

The Drone Privacy and Transparency Act of 2017: Overdue or Over-reaching?

On March 15, 2017, Senator Edward Markey (D-Mass.) and Representative Peter Welch (D-Vt.) introduced federal legislation entitled the Drone Privacy and Transparency Act of 2017. The proposed legislation seeks to address growing…more

Supreme Court Update: Endrew F. V. Douglas County School District (15-827), Star Athletica, L.L.C. V. Varsity Brands, Inc. (15-866), Czyzewski V. Jevic Holding Corp. (15-549) And Order List

Greetings, Court Fans! This morning, the Court issued its decision in Moore v. Texas (15-797), an important death-penalty case holding that Texas's outdated standard for determining whether a death-row inmate is intellectually…more

What to Expect from New York’s New Cybersecurity Regulations

The New York State Department of Financial Services’ (NYDFS) cybersecurity regulations went into effect March 1, 2017. Touted by the NYDFS as the “first in the nation” comprehensive cybersecurity regulation, the new rules pose…more

The Three Lines of Compliance Offense Versus The Three Lines of Compliance Defense

People crave simple solutions to complex problems. No, this is not a political statement, nor do I intend to wade into politics. This statement applies across the board – to business, compliance, government, and other institutions. We…more

SEC Denies Listing of another Bitcoin Fund; Petition for Review Filed for Winklevoss Bitcoin Trust

The SEC has denied a proposed rule change by NYSE Arca to permit the listing and trading of shares of the SolidX Bitcoin Trust. The reasons were substantially similar to the reasons the SEC denied a proposed rule change submitted by…more

Labor Secretary Nominee Faces Committee Vote

In his confirmation hearing on March 22, Acosta fielded questions from senators that focused on the Labor Department’s controversial overtime rule, which was blocked by a federal district court judge in Texas and is on appeal at the…more

Recalls: What Information Should Be On Your Social Media Forums?

With the increased number of recalls, there is a hot button issue facing manufacturers and retailers: going forward, should your company implement a practice that includes announcing all recalls on its Facebook, Twitter, and other…more

White House Allegedly Purges Electronic Devices after Order to Preserve Data: An E-Discovery Teachable Moment

According to an article published in the Independent, allegations have arisen surrounding “White House officials and members of Donald Trump’s transition team…reportedly ‘purging’ their electronic devices to avoid being compromised by…more

MassDEP Issues Draft Fact Sheet Guidance on PFAS, a Class of Emerging Contaminants

On January 26, 2017, MassDEP announced that it had developed and is seeking comment on a Fact Sheet entitled “Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the Massachusetts Contingency Plan.” The Fact…more

OSHA Promotes “Safe and Sound Campaign” to Assist Employers - A Change in Approach?

Seyfarth Synopsis: OSHA has recently “launched” a “Campaign for Safety & Health Programs,” that it indicates is an approach that has been proven by “best in class” employers to reduce injuries and illnesses and improve their…more

Disability Services Company to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

ValleyLife Failed to Provide Reasonable Accommodations to Employees With Disabilities, Federal Agency Charges - PHOENIX - ValleyLife, a disability support services company, will pay $100,000 and furnish other relief to settle a…more

Destination Medicine: Not Just for the Rich and Famous

OIG okays providing modest hotel and meal accommodations for rural and financially needy patients. The U.S. Department of Health and Human Services Office of Inspector General (OIG) recently issued an advisory opinion interpreting…more

Solving the Problem of the Unchecked Rise of Short-Term Rentals

The Internet has created innovative inroads into traditional vacation lodging. Websites like Airbnb, VRBO and Flipkey provide vacationers with affordable lodging in prime locations, furnished with all the comforts of a home. But, while…more

House of Delegates Passes Legislation Requiring Periodic Reserve Studies

By a vote of 135-1, the Maryland House of Delegates has passed House Bill 651, which would require condominiums and homeowner associations to conduct reserve studies of the common elements and common areas. As discussed in an earlier…more

Who’s Got the Spirit?! Supreme Court Decides Star Athletic, LLC v. Varsity Brands, Inc.; New Two-Part Test Seeks to Clear Up the “Mess” But Questions Still Remain About the Subjective Nature of the Separabilty Analysis

On March 22, 2017, the United States Supreme Court, in an opinion written by Justice Clarence Thomas in Star Athletic, LLC v. Varsity Brands, Inc., held that “a feature incorporated into the design of a useful article is eligible for…more

Long-Term Care Facilities Subject to New Medicare Requirements for Participation Must Comply with Staffing, Training, and Facility-Wide Assessment Requirements

On October 4, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a final rule which represents the most sweeping changes in twenty-five years regarding the requirements for participation for long-term care (LTC) facilities…more

Competition Law Threat to Active Fund Managers

SCM Direct ("SCM"), an investment manager based in the UK, has recently called for the Competition and Markets Authority ("CMA") and Financial Conduct Authority ("FCA") to investigate actively managed funds sector for alleged fixing of…more

That’s Life. . . Insurance: The Employer Duty To Notify A Terminated Employee Of The Right To Convert

Employer provided life insurance as a part of a group plan is a terrific benefit to offer employees. However, employers must be aware that offering such a benefit also imposes certain responsibilities on them. Many states have…more

Make Your Website Bio Stand Out with Specifics

We have quite a few clients in the process of updating their websites and/or going through a brand overhaul. As many of you know, it is a massive undertaking both from a time and money perspective. But it is also a perfect opportunity…more

Recent Open Meeting Foreshadows FCC Commissioners’ Views if ACA Decision Is Remanded

As the cherry blossoms prepare to bloom in Washington, D.C., our thoughts turn toward wondering when the D.C. Circuit will hand down its ruling in ACA International, et al v. FCC (Case No. 15-1211). This case, you will recall, is the…more

Trump Signs Legislation and Issues Order Ending Obama-Era Fair Pay and Safe Workplaces Executive Order

The nearly three-year journey of Executive Order 13673: Fair Pay and Safe Workplaces, which President Barack Obama signed in July 2014, is officially over. Federal contractors will not be required to report alleged labor violations to…more

Academic Institutions: Do You Still Have a Single-Walled Steel Underground Storage Tank?

Massachusetts state regulations require that all single-walled USTs be removed or closed-in-place by August 7, 2017. Most tanks installed prior to 1970 (and in some cases later) were single-walled steel tanks. Such tanks corrode over…more

Agents Convicted for Smuggling Cuban Baseball Players

The criminal conviction of two sports agents for smuggling Cuban baseball players into the United States in an attempt to sign them to lucrative contracts serves as a reminder for agents, potential agents, and everyone else in the…more

Fair Pay and Safe Workplaces Order Revoked

On March 27, 2017, President Trump signed legislation and issued an executive order nullifying the Obama administration’s Fair Pay and Safe Workplaces executive order and implementing rules and guidance. Major parts of the rule…more

Blog: Do Board Self-Evaluations Help Produce A High-Functioning Board?

In this paper from the Rock Center for Corporate Governance at Stanford University, Board Evaluations and Boardroom Dynamics, the authors suggest that board self-evaluations aren’t all they’re cracked up to be. While, based on a recent…more

Recent PFAS Case Law – RCRA, CERCLA and Toxic Tort Claims

A new class of emerging contaminants poses challenges at remediation sites and for the protection of drinking water, and is generating new toxic tort litigation. Per- and polyfluoroalkyl substances (PFAS) are emerging contaminants that…more

New monetary penalty regime for breach of financial sanctions

A new regime in place in the UK for punishing individuals or businesses that breach financial sanctions comes into force from 1 April. In March 2016 the Office of Financial Sanctions Implementation (OFSI) was formed, as part of the…more

SDNY Grants Trustees’ Motion to Dismiss Triaxx CDOs’ RMBS Claims for Lack of Standing

On March 21, 2017, Judge Naomi Reice Buchwald of the United States District Court for the Southern District of New York issued a Memorandum and Order granting defendants’ motion to dismiss plaintiffs’ First Amended Complaint in Triaxx…more

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