Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

The Oman Update - Official Gazette 1166

Sultani Decrees - Sultani Decree No. 46/2016 - Ratifying the memorandum of understanding between the Government of the Sultanate of Oman and the Government of the United Kingdom of Great Britain and Northern Ireland on…more

US Commodity Futures Trading Commission Chairman Speaks to SIFMA Annual Meeting Regarding the Agency’s Ongoing Work and Rulemaking Efforts

Timothy Massad, Chairman of the CFTC, spoke at the SIFMA annual meeting about clearinghouse regulation, technological changes and finishing Dodd-Frank rulemaking. Massad first highlighted ongoing CFTC work regarding stress testing…more

Does Placing Non-GAAP Financial Measures First Violate The Law?

Yesterday’s post discussed the SEC staff’s recently announced position that Item 10(e)(1)(A) of Regulation S-K requires that issuers disclose comparable GAAP financial measures before non-GAAP financial measures. Item 10(e)(1)(A)…more

Sonic v. Supersonic Coffee v. AKA Coffee: Bullied to a better brand?

A specialty coffee roastery in San Francisco, Supersonic Coffee, has decided to rebrand to the name AKA Coffee, as reported yesterday. The impetus for the rebrand was an opposition at the Trademark Trial and Appeal Board (TTAB) by the…more

The Oman Update - Official Gazette 1165

Ministerial Decisions - Ministry of Health - Ministerial Decision No. 199/2016 - Determining the working hours of people in medical and medical support jobs at state medical institutions (civil and military). Issued on 29…more

FFIEC Releases Answers To FAQs About Cybersecurity Assessment Tool

On October 17, 2016, the Federal Financial Institutions Examination Council (“FFIEC” or the “Council”) released a set of answers to frequently asked questions about its cybersecurity assessment tool (the “CAT”). The FFIEC, an…more

Countries at a Glance: Taiwan - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - Employees should sign a written disclaimer acknowledging that the Plan is a discretionary benefit offered to employees outside…more

How My Cousin Vinny Would Object to Discovery

Remember laughing at the antics of Vinny Gambini – a loud inexperienced personal injury lawyer? It is hard not to remember some of Vinny’s inaccurate legal arguments and outrageous remarks to the judge. However, at one point in the…more

Prop U Would Expand Income Range for Affordable Housing Eligibility

Prop U dovetails with the City’s new increases in required affordable housing percentages by proposing to expand the range of household income levels that would be eligible to rent an affordable housing unit. According to the…more

Countries at a Glance: Japan - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - It is becoming more common for employees to claim they have entitlements under Plans. The risk of employee claims for additional…more

Fenwick Privacy Bulletin - Fall 2016

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer mechanism or…more

The C-Suite’s Perspective on Cybersecurity and Liability

Recently, IBM surveyed more than 700 C-Suite executives in 18 industries and 28 countries about their views on cybersecurity. Ninety-four percent of those interviewed believe that their respective companies will experience a…more

Section 871(m) Dividend Equivalent Guidance Including New Transition Relief Expected After Mid-November

The U.S. Internal Revenue Service (the “IRS”) plans to release a guidance package including final rules and transition relief for dividend equivalent transactions described in Section 871(m) of the U.S. Internal Revenue Code of 1986…more

High Tech Way to Prevent Texting While Driving

Technology can disable cell phone use while driving, which could prevent many texting-related accidents. Illinois law prohibits the use of all hand-held devices while operating a motor vehicle. Calls, texts, and browsing the Internet…more

Section 1557 of the Affordable Care Act: Implications for Health Care Providers and Health Insurers

Section 1557 of the Affordable Care Act (the “ACA”) prohibits discrimination on the basis of race, color, national origin, sex (including gender identity), age, or disability under any health program or activity that receives federal…more

Countries at a Glance: Poland - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - Polish labor law should not affect purchase plans. However, as a precaution, employees should acknowledge in writing that the…more

OSHA Issues “Guidance” on New Anti-Retaliation Rules – Is Employee Drug Testing Now Off The Table?

On October 19, 2016, OSHA issued guidance with respect to certain controversial provisions of its new anti-retaliation rules, originally published on May 12, 2016. As we have previously discussed, OSHA’s new rules prohibit employers…more

Student Health Insurance Plans and the ACA: Agencies Provide Enforcement Relief that Allows Colleges and Universities to Continue Subsidizing the Cost of Student Health Insurance Plans for Graduate Student Employees

Late last week, the Departments of Labor (“DOL”), Health and Human Services (“HHS”) and the Treasury (collectively, the “Agencies”) issued a very welcome FAQ that will allow higher education institutions to continue subsidizing the…more

DOJ and FTC Put HR Executives on Notice That Anticompetitive Hiring and Compensation Practices May Be Subject to Criminal Prosecution

On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued “Antitrust Guidance for Human Resources (HR) Professionals.” The jointly prepared guidance—directed at HR executives—reiterates the…more

Fire Sprinkler Retrofitting

As you may be aware, the deadline for condominium associations to vote to forego retrofitting with a fire sprinkler system is rapidly approaching…more

The Bri-Chem Trilogy: Federal Court Affirms Tribunal

On November 16, 2015, we described important substantive and procedural issues that would be addressed by the Federal Court of Appeal (FCA) in an appeal from a decision of the Canadian International Trade Tribunal (CITT). Almost a full…more

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board Member Kent…more

US Securities and Exchange Commission Proposes Enhanced Regulatory Framework for Covered Clearing Agencies

The US Securities and Exchange Commission voted to establish enhanced standards for the operation and governance of securities clearing agencies that are deemed systemically important by the Financial Stability Oversight Council or…more

DoD Finalizes Cybersecurity and Cloud Computing Rule

On October 21, 2016, the Department of Defense (DoD) issued a final rule following-up on the interim rules it had issued on August 26 and December 30, 2015, regarding safeguarding contractor networks and purchasing cloud computer…more

Arizona’s Proposition 206: Much More Than a Minimum Wage Increase

On November 8, 2016, Arizona voters will decide on the “Minimum Wage and Paid Time Off Initiative,” known as Proposition 206. The purpose of Prop. 206 is twofold: (1) to increase Arizona’s minimum wage from $8.05 per hour in 2016 to…more

Liquidity Management and Reporting Modernization Rulemaking

On October 13, 2016, the Securities and Exchange Commission (SEC) approved three new rules under the Investment Company Act of 1940 (Investment Company Act). The new rules will impose liquidity requirements, authorize the use of swing…more

District Court Concludes that Plaintiff Is Collaterally Estopped from Asserting Two Related Patents After Court in Another Jurisdiction Found one of the Patents Invalid under Alice

In this patent infringement action, the Defendant moved for dismissal based on collateral estoppel and Alice contending that a prior district court had found the patents invalid for lack of patentable subject matter. Before applying…more

ADA Allows Sleep Apnea Test for Obese Driver

Almost since the enactment of the Americans with Disabilities Act, motor carriers and drivers have clashed over the carriers’ ability to exclude drivers from service based on health issues. Many of these controversies have involved…more

Is Marriage a “Material Connection”? The FTC Challenges an “Independent” Expert Based on Marital Status

Medical endorsements can be powerful selling tools for health care products. But if a medical professional has a connection to the company marketing the products that would be material to consumers in evaluating the credibility of the…more

Self-Inflicted IC Misclassification Wounds: How Did FedEx Bludgeon Itself Into Pay Nearing $500 Million to Settle Claims That It Could Have Avoided?

FedEx’s costs due to IC misclassification are approaching $500 million over the past year as a result of its inability to draft in a valid manner its IC agreement and internal policies governing Ground Division drivers. Last Friday, an…more

On The Horizon: Global Insurance Capital Standards

Since 2013, the International Association of Insurance Supervisors (IAIS), an association of insurance supervisors representing more than 200 jurisdictions in approximately 200 countries, has been working on a plan to develop a…more

Embraer FCPA Enforcement Action, Part I

The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) continued their stunning 2016 run of Foreign Corrupt Practices Act (FCPA) decisions with the announcement of the resolution of the Embraer SA (Embraer) FCPA…more

Application of New Debt-Equity Regulations to Securitizations

On October 13, 2016, Treasury and the IRS issued new final and temporary “anti-inversion” regulations under section 385 of the Internal Revenue Code that could treat certain purchasers of notes issued by securitizations as having…more

Attorney General (PAC) Deems RIF Joint Committee for Teacher Placement Subject to OMA

The Public Access Counselor (PAC) division of the Attorney General’s Office recently held that the reduction in force joint committee (the “Joint Committee”) was subject to the requirements of the Open Meetings Act (OMA). Recent…more

Where Do the Presidential Candidates Stand on Employment Visas?

While many observers of the 2016 United States presidential campaign have called immigration policy one of the central issues in the election, the implications of that heightened attention to the issue are not equally clear for all…more

Lessons Learned from FCA Settlement Involving Waiver of Medicare Coinsurance Amounts

The waiver of copayments, coinsurance, and deductibles owed by patients treated by out-of-network laboratories and other providers is a hot topic in the health care industry. Despite the near absence of clear legal prohibitions on…more

EU Market Abuse Regulation - Requirements for U.S. Issuers

The EU Regulation on Market Abuse (“MAR”) came into effect on 3 July 2016, replacing the previously existing Market Abuse Directive and expanding the application of the EU’s market abuse regime. In addition to detailing various…more

FDA lets medical device-makers report safety woes in lax, secretive ways

Instead of acting as a tough federal watchdog that protects and informs patients about problems with medical devices-from heart valves to drug pumps-the federal Food and Drug Administration all too often has served as an industry lap…more

North Carolina Federal Court Holds That Arbitration Clause Requiring Panel To Render A Decision Within 30 Days Is Not Unconscionable

In July, a federal court in North Carolina held that an arbitration provision which required the arbitration panel to reach a decision within thirty days of their selection was not unconscionable. Arising out of a dispute regarding a…more

Unique New Jersey: Legal Pitfalls in Real Estate Transactions

Real property transactions in New Jersey can trigger several tax consequences that must be addressed at the time of closing. In New Jersey, real estate deals are subject to a variety of unique requirements that can sometimes delay…more

Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision

Sorry, I couldn’t help myself with the title. The next case, Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc., California Court of Appeals for the First District, Case No. A145734 (August 16, 2016), discusses…more

Pennsylvania’s New Oil and Gas Regulations for Unconventional Wells – Part 1: Planning and Permitting

The new rules for unconventional oil and gas wells in Pennsylvania are finally here. The regulations in Chapter 78a, relating to unconventional wells, were publish ed in the Pennsylvania Bulletin on October 8, 2016. Recent…more

Immediate Action Required: California Commercial Landlords Must Provide Accessibility Disclosures During Lease Negotiations

Assembly Bill No. 2093 is in effect.* It amended Civil Code Section 1938 to require landlords to provide prospective tenants with any report and/or disability access inspection certificate issued by a Certified Access Specialist (CASp)…more

Pay Equality: Law, Litigation, and the Gathering of Pay Data

Pay equity issues are hot. President Obama has made pay equity one of the hallmarks of his administration by signing the Lilly Ledbetter Fair Pay Act, establishing the National Equal Pay Task Force, and championing the fight for all…more

Class Actions Now Available in Japan

Japan has enacted its first class actions legislation, following an international trend seen in the European Union and some other countries in Asia. The new class actions law (the Act on Special Measures Concerning Civil Court…more

EPA Must Evaluate Job Losses From Its Regulations: Blame Ralph Nader!

Last week, Judge John Preston Bailey ruled that EPA had violated a non-discretionary duty by failing comply with the requirement of § 321(a) of the Clean Air Act that it..…more

US Comptroller of the Currency Discusses Bank Secrecy Act and Anti-Money Laundering Compliance

The US Comptroller of the Currency, Thomas J. Curry, spoke at a conference of the Association of Certified Anti-Money Laundering Specialists about the OCC’s role in the BSA/AML regulatory regime and the risks the regime is meant to…more

CMS Releases Much Anticipated MACRA Final Rule

On October 14, 2016, CMS issued its Final Rule for the new physician payment system under the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). MACRA replaced the Medicare Sustainable Growth Rate (SGR) with a new physician…more

Criminal Charges for Executive Stemming from Discovery Responses in DOJ Civil Antitrust Litigation

On October 14, 2016, former vice president and director of information technology of Coach USA, Inc. (Coach), Ralph Groen, entered a guilty plea for concealing and attempting to destroy documents and giving false and misleading…more

Lyft Faces Second Wave of TCPA Litigation for Sending Autodialed Texts

Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”)…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Legal Leadership provides consulting services exclusively to legal organizations. Our clients include law firms, law departments, governmental legal offices and legal vendors of all sizes and types…

[ About | Legal Updates ]