Latest Updates

Recent laws affecting GCC companies doing business in Qatar

H.H the Emir Sheikh Tamim bin Hamad Al-Thani issued Law No.6 of 2017 amending some provisions of Law No.7 of 1987 on Regulating the Conduct of Business Activities by GCC nationals in the State of Qatar (GCC Business Activities Law)… more

Clarification Of The Extension Of Time Limits Following Early Conciliation

The effect of Acas early conciliation on extending the time limit for bringing an employment tribunal claim has been clarified by the recent decision in Fergusson v. Combat Stress (unreported). Under the relevant provisions of the… more

Global Employee Equity at a glance: United States of America

Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their… more

Energy Alert: The Court of Appeal Upholds the Redwater Decision

Field Law’s Energy Group continues to follow developments regarding the Redwater Energy case. This Energy Alert summarizes the Alberta Court of Appeal’s recent decision on the matter… more

The Role of Shareholder Activists in Scrutinizing Corporate Behavior

In the present uncertain legal and regulatory environment, the role of shareholder activists in scrutinizing corporate behavior seems to be gaining steam. See, e.g., An Activist Investment in Whole Foods Exposes Shifting Power on Wall… more

Discover (or rediscover) U.S. employment law: Your questions, our answers

Companies doing business in the U.S. invariably encounter a legal system and employee relations laws that differ in many significant respects from those in other countries. The sources of U.S. law come from the U.S. federal government… more

Time Off Work And Religious Discrimination

In Gareddu v. London Underground Ltd UKEAT/0086/16, the EAT considered whether it was indirectly discriminatory, on the basis of religion or belief, for an employer to refuse an employee's holiday request which he said was for the… more

WTO Authorizes Mexico to Suspend Trade Benefits to U.S. in Tuna Dispute

Mexico is one of the few countries that has been authorized to adopt retaliatory measures against noncompliance of its trading partners' obligations, and it has made use of this authorization… more

Lewis v. Clarke And The Failed Expedition To Secure Tribal Rights: SCOTUS Rules Against Tribal Employee Immunity

The U.S. Supreme Court unanimously ruled yesterday that tribal sovereign immunity does not apply to employees who are sued in their individual capacities, even if the alleged wrongdoing occurs while the employee is acting within the… more

2017 Nevada Legislative Session – Potential for Additional Anesthesiology Practice Opportunities in Nevada

On February 27, 2017, Senate Bill 210 (“S.B. 210”) was introduced into the Nevada Legislature, which paves the way for expanded anesthesiology practice and patient care opportunities in the State of Nevada...… more

[Video]Business Development & Firm Structure: Market Leaders Podcast with Cynthia Voth, Miller Nash Graham & Dunn

Join David Ackert as he interviews Cynthia Voth, Director of Business Development & Administration at Miller Nash Graham & Dunn, in this episode of the Market Leaders Podcast. Tune in to hear David and Cynthia discuss: - Miller Nash… more

Political Participation in 2017: Top Legal Concerns for Your Company

Change has come to Washington, D.C. and state legislatures around the country. The fast pace of political changes ushered in during early 2017 can create both challenges and opportunities when it comes to complying with the rules… more

GAO Report: Medicare Reimbursement Policies Impede Telehealth Adoption

Although telehealth has the potential to improve or maintain quality of care for Medicare beneficiaries, payment and coverage restrictions create barriers that prevent providers from fully utilizing telehealth technologies. That is the… more

Lawyers, How Well Do You Know Your Clients' Business? Here's Why It Matters...

How can we think that anything is more important to a lawyer’s professional reputation than being responsive and knowing the client’s business?… more

Mobile targeting: A ‘secret weapon’ for good or ill?

It’s an advertiser’s dream — the ability to target customers through their mobile devices, right to down to where they are and what they are doing. But can such precisely targeted messages become a recipient’s nightmare?… more

Do You Know What Is The Most Important Document In An Employee’s Personnel File?

Pick an employee, any employee. The most important document in that employee’s personnel file – and in EVERY employee’s personnel file – is one you probably don’t give much thought to until the employee has left the job. It is the… more

Discharge In Bankruptcy Without Reaffirmation Is Not A Shield And A Sword

Many borrowers use bankruptcy as a shield against a lender’s foreclosure action. Some also try to use bankruptcy as a sword to bring up defenses that stem from the mortgage contract to defeat a foreclosure. A recent second district… more

Federal Court: NLRB Correct That Successor Employer Must Bargain With Existing Union Under Labor Law

In the first test of the National Labor Relations Board’s 2011 “successor bar” rule, the federal appeals court in Boston has upheld the NLRB’s decision that the union is protected from decertification after a change of ownership at the… more

What Can We Infer When Justice Garman Asks the First Question in a Civil Case?

Yesterday, we showed that between 2008 and 2016, an unusually high level of questions from Justice Garman indicated that she was likely writing an opinion. We also demonstrated that when Justice Garman was in the minority, she… more

Walrath Opinion on Avoidance Actions – Motion for Summary Judgment: Denied

In a 24 page decision released April 13, 2017, Judge Walrath of the Delaware Bankruptcy Court denied a motion for summary judgment in a preference action brought by Charles Stanziale as the chapter 7 Trustee of Powerwave Technologies… more

5 Key Takeaways: Patent Litigation Trends

Kilpatrick Townsend attorneys Andy Rinehart and Dr. Jennifer Giordano-Coltart recently presented their assessment of trends in patent litigation and prosecution at the firm’s annual patent CLE in Research Triangle Park. Twenty firm… more

H-1B in Transition: H-1B Lottery Conducted, 'Buy American and Hire American' EO and Other H-1B Measures to Deter Fraud

The H-1B work visa is in a state of transition. Companies and workers who rely on H-1B visas should be aware of several important changes this spring on the H-1B category, including an update on the H-1B lottery conducted by USCIS on… more

Don’t Be an April Fool: How to Avoid the Hague Hangover

In the latest variation on “April Fool,” the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary will become effective in the U.S. on April 1, 2017. In one of its parting actions… more

California Bill Mandates Privacy By Design For IoT Devices

Manufacturers of Internet-connected devices (better known as the Internet of Things) should be following a new California bill closely because it would create a mandate under California law that all IoT devices have built-in security… more

Giant Leap In St. Louis City Minimum Wage Is Imminent

Employers in St. Louis City should prepare for an imminent increase in the minimum wage from $7.70 to $10 per hour. On Tuesday, the Missouri Supreme Court issued its direction to lift an injunction blocking the City’s minimum wage… more

Agreed Judgments Rendered Without the State of Texas’ Consent Must Be Set Aside

On April 20, an intermediate Court of Appeals for the First Court of Appeals, sitting in Houston, reversed the trial court and directed that court to reinstate an environmental enforcement action that had purportedly been settled by… more

Weight Loss Marketing Companies Settle FTC Claims

Last week, the Federal Trade Commission (“FTC”) announced a $32 million settlement with NutriMost, LLC, NutriMost Doctors, LLC and their owner (collectively, “Defendants”). The FTC alleged that the Defendants’ weight loss marketing… more

Chaos Theory, the Butterfly Effect and One More Banking Hurdle?

Oregon Gov. Kate Brown recently signed into law Senate Bill 863. The bill attracted bi-partisan support as it moved through the legislature and is well intended. The bill protects consumer names, addresses and other personally… more

Due Your Duty

With the ever-increasing scrutiny being brought to compliance and the payment of duties on imported goods by Customs and Border Protection (CBP), it is worth commenting that any duties which are due when an entry liquidates may, in… more

GAO Bid Protests - Impacts of a Government Shutdown

The Office of Management and Budget ("OMB") has begun the preparations for a potential government shutdown, ordering agencies to review and update their shutdown plans. Only a few days remain for Congress to pass (and the President to… more

Manatt Digital - April 2017

We at Manatt Digital are not only die hard music fans, we put our passions in our business and are invested and advocates of the ever evolving and seriously complicated business of music. This month’s newsletter is dedicated to digital… more

ULI releases “What’s Next for Westfields”

The Urban Land Institute has released the results of an in depth analysis of the future of the Westfields Corporate Office Park in western Fairfax County. This analysis was the product of a ULI Technical Assistance Panel (TAP) that… more

Now You, Too, Can Call Your Boss a Nasty Motherf****r

Maybe we’ve all thought it at some point in our careers. But according to the Second Circuit Court of Appeals, you might actually be able to get away with saying it—that is, calling your boss a nasty mother****r—if you’re saying it… more

State Sovereignty, Meet the Supremacy Clause

Earlier this week, the 10th Circuit Court of Appeals reversed a District Court decision and vacated an injunction which had prevented the U.S. Fish & Wildlife Service from reintroducing the Mexican gray wolf onto certain federal lands… more

6 Ways to Achieve Compliance without an Audit

No doubt there is a need for compliance audits. I do them. You do them. Almost every regulatory & compliance lawyer and consulting company that exists does them. In fact, some state and federal laws mandate that you do a compliance… more

Pending: Bipartisan Legislation to Extend the Conrad 30 Program for J-1 Waiver Physicians

When President Donald Trump issued his “Travel Ban,” there were fears that the physician shortage in the U.S. would be exacerbated. It has been reported that there is currently a deficit of 8,200 primary care physicians that will… more

Transferability Provisions

When drafting governing agreements (“agreements”) for a corporation, partnership or LLC, provisions addressing the transfer of ownership interests (“interests”) are often not given the attention they deserve… more

Trump Administration Announces Outline of Its Tax Proposal

Yesterday the Trump Administration announced the outline of its tax reform proposal. The proposal combines elements of President Trump’s original tax reform proposal announced during the campaign and of the House Republicans’ tax… more

Pennsylvania Court Rules That Switch To At-Will Work Doesn’t End Restrictive Covenant

On April 19, 2017, a Pennsylvania appeals court ruled that conversion to at-will employment after the end of a contract does not relieve employees of a non-solicitation provision. This opinion overturns a trial court decision against… more

Watch your website over your photos

This is a heads up for retirement plan providers and it has nothing to do with retirement plans… more

FINRA Announces Updates to Private Placement Filer Form

On April 21, 2017, FINRA announced updates to the Private Placement Filer Form (“Filer Form”) that FINRA members complete when submitting private placement filings under FINRA Rules 5122 (Private Placements of Securities Issued by… more

Blog: User Fee Act Legislation Introduced Free of Controversial Issues…for the Time Being

Recently, the House Energy and Commerce Committee and Senate Health, Education, Labor and Pensions (HELP) Committee introduced a bipartisan discussion draft of legislation to reauthorize the Food and Drug Administration’s (FDA) user… more

“Reverse” Like-Kind Exchanges Not Subject to NYS Real Estate Transfer Tax

In an Advisory Opinion issued near the end of 2016, the New York State Department of Taxation and Finance has determined that the transfer of real property in New York State from an “exchange accommodation titleholder” to a taxpayer in… more

Medical Device Excise Tax Remains in Limbo

President Trump and Paul Ryan (R-Wis) have not yet successfully replaced the Affordable Care Act with the American Health Care Act (“AHCA”). The medical device industry had been paying particular attention to the proposed reform… more

Financial Regulators Take Note: The Supreme Court’s Newest Member is a Tough Taskmaster

On April 10, 2017, Neil Gorsuch was sworn in as the Supreme Court’s 113th justice. While his experience on the Tenth Circuit Court of Appeals with cases involving financial regulation may be limited, certain of his decisions reflect an… more

Is your Motor Vehicle Loan Safe? Part 2: North Carolina

This article is a follow up to Bruce Wallace’s April 13, 2017 update, "Is your Motor Vehicle Loan Safe?" regarding how insurance policies may not protect the credit union’s lien. Specifically, Mr. Wallace’s update dealt with loss… more

Arbitration: Does Signed Mean Sealed

Legal Principle - Article 215 and 217 of the Civil Procedures Law of the UAE states that a person does not have the right to enter into an arbitration agreement if the signatory does not have the authority to bind the person it is… more

NLRB Affirms Stance on Employee Use of Company Email During Non-Work Time

The National Labor Relations Board (NLRB) recently affirmed its 2014 decision in Purple Communications, Inc. and Communications Workers of America, AFL–CIO which held that if employees are granted access to their employer’s email… more

ESRB Reports on Revision of EMIR

On April 21, 2017, the European Systemic Risk Board (“ESRB“) published a report on the revision of the European Market Infrastructure Regulation (the “EMIR“). The report welcomes the European Commission’s November 2016 report on… more

Challenging Limited Issue Class Actions

A class action that aggregates the claims of individual plaintiffs against a common defendant can promote judicial economy and maximize efficiency. However, even the pursuit of class certification can promote abuse. In the words of… more

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