Latest Updates

A New Hurdle for Medical Malpractice Claimants: Legislation Establishing Medical Review Panels Takes Effect in Kentucky

In a step toward tort reform, on June 29, 2017, Senate Bill 4 was signed into law and went into effect in Kentucky as KRS 216C.005 et seq., establishing a requirement that all potential medical malpractice lawsuits first be presented… more

Cyber Law Tracker: New Connecticut Cybersecurity Strategy

As its next step in the creation and implementation of a cybersecurity plan, the State of Connecticut has created a Cybersecurity Strategy document. This strategy specifically highlights the roles and vulnerabilities of state… more

Rating Agency Developments

n July 10, 2017, DBRS issued a report entitled Rating Canadian Split Share Companies and Trusts. On July 7, 2017, DBRS issued a report entitled Derivatives Criteria for Canadian Structured Finance… more

Tim Horton's In Romulus Sued By EEOC for Failure To Provide Religious Accommodation

Employee Not Permitted to Wear Skirt Instead of Pants, Federal Agency Charges - DETROIT - Sleneem Enterprises, LLC, a franchise operator of Tim Horton's Café and Bake Shop in Romulus, Mich., violated federal law by refusing to… more

Ninth Circuit Clarifies Tribal Arm Sovereign Immunity Factors

The Ninth Circuit, in U.S. ex rel. Fawn Cain et al. v. Salish Kootenai College Inc. et al., recently reversed a lower court's dismissal of a False Claims Act lawsuit by former Salish Kootenai College employees. The False Claims Act… more

New Law on Subcontracting in the Private Sector Is Not Without Problems

The Democratic Republic of Congo adopted Law No. 17/001 on 8 February 2017, regulating subcontracting in the private sector. It entered into force on 17 March 2017, with a one-year transitional period. In adopting these “rules… more

[Audio]Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez

This episode presents the first of two parts of a timely and topical interview with former EEOC General Counsel David Lopez, who offers his thoughts on a wide range of issues, such as how the EEOC selects cases to bring, the… more

Court Addresses Formation of Accidental Partnerships in Long-Awaited Enterprise v. Energy Transfer Appeal

The Dallas Court of Appeals yesterday issued its opinion in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P. , in which the court reversed a judgment of more than $500,000,000 rendered after a jury returned a… more

July 2017 FCC Meeting Recap: FCC Approves Expanded Rules for Radar Services in the 76-81 GHz Band and Plans to Phase Out Other Vehicular Radar Operations

In its July Open Meeting, the Federal Communications Commission (“FCC” or “Commission”) adopted new rules in a Report and Order (“R&O”) to allow a more flexible, streamlined approach for certain radar operations in the 76-81 GHz band… more

Claim Of Massachusetts Employee Fired For Medical Marijuana Use May Proceed, State High Court Rules

An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the… more

Oil Energy FLSA Exemption Collective Action Settles: The Right Move By The Employer 

No industry is immune to FLSA collective actions and the energy industry is seeing a significant uptick in these actions. In this regard, a class of workers employed by an oil field services company has just agreed to a $2.1 million… more

EU Regulation on Cross-Border Portability of Online Content Services in Force

After publication in the Official Journal of the European Union, Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market… more

Fourth Circuit Court of Appeals Overturns West Virginia District Court’s Order Requiring EPA to Evaluate Clean Air Act Employment Impacts

On June 29, the U.S. Court of Appeals for the Fourth Circuit (“the Fourth Circuit”) ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider a lawsuit filed by Murray Energy… more

Review Of Previously Opened Email May Violate SCA

In the midst of a heated litigation commenced by an employer against its former employee for alleged violations of a non-compete agreement, an employee returned the cell phone she used during her employment. Prior to returning the… more

What Is The NRC And Who Does It Regulate?

For those corporations that create, sell, and distribute goods with traces of radioactive materials, the United States Nuclear Regulatory Commission (NRC) is the governing agency. Smoke detectors, clocks, fertilizer, lanterns, and even… more

An Update on OSHA’s Electronic Injury and Illness Reporting Rule

We have received a number of questions about the current status of OSHA’s new electronic injury and illness reporting rule. There is, yet again, more to report! First things first: the implementation date of the rule has been… more

Revisiting the Enforceability of Class Action Waivers in Consumer Financial Contracts

On July 19, 2017, the Consumer Financial Protection Bureau (CFPB) published the final Arbitration Agreements Rule (the rule) that would impact the way claims involving consumer financial products and services are handled in the future… more

Cadwalader Loses Work Product and Privilege Claims for 51 Internal Investigation Witness Interview Memoranda: Part I

Cadwalader Wickersham & Taft lawyers conducted an internal corporate investigation into allegations of self-dealing at Washington Metropolitan Area Transit Authority (WMATA). When a private plaintiff sued WMATA and several individuals… more

Travel Ban Update

On June 26, 2017 the Supreme Court ruled that a limited version of the 90-day Travel Ban contained in President Trump’s Executive Order 13780 could go into effect. The limited Travel Ban went into effect on June 29, 2017. Persons from… more

Dietary Supplement Patents Swallowed by the Products of Nature Exception

It has been just over three years since the U.S. Supreme Court adopted a threshold test for determining patentable subject matter eligibility under §101 in Alice Corp. Pty. Ltd. v. CLS Bank Int’l. 134 S. Ct. 2347 (2014). This landmark… more

Ireland Retains Safe Harbour Regime for Wholesale MiFID Firms

The Department of Finance has issued its Feedback Statement on its public consultation on national discretions under MiFID II. The consultation dealt with the exercise of national discretions in relation to the implementation of MiFID… more

Travel Ban Update: State Department Expands Definition of “Close Family”

Responding to a federal district court order judicially expanding those excluded from the Administration’s Travel Ban, the United States Department of State issued guidance on Monday expanding the definition of “family” under the… more

Alberta's Highest Court Clarifies OHS Law: Privilege Must Be Proven

With its decision this week in Alberta v. Suncor Energy Inc, 2017 ABCA 221, the Alberta Court of Appeal has considered and clarified the application of solicitor-client privilege and litigation privilege to incidents under Alberta’s… more

Cannabis at work: An update for employers

The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiting cannabis use by employees. Recent California legislation provides employers with the right to do so, even… more

Three big questions about AI in financial services

To ride the rising wave of AI, financial services companies will have to navigate evolving standards, regulations and risk dynamics—particularly regarding data rights, algorithmic accountability and cybersecurity… more

Court Says Uber Drivers Can Proceed With National Misclassification Class Action

A federal court judge in North Carolina last week granted permission to a group of Uber drivers challenging the company’s classification structure to band together and proceed with a class action lawsuit against the ride-hailing… more

Pension Plan Sponsors – When “De-Risking”, Select Annuity Providers With Care

Employer-sponsored retirement plans come in many varieties. For example, under 401(k) and other defined contribution plans, employees and, often, employers may make specific contributions to an employee’s plan account throughout the… more

Cloud Data is Within Defendant’s Possession, Custody and Control, Court Rules: eDiscovery Case Law

This case is a few months old, but is one of the cases we will cover in next week’s webcast Key eDiscovery Case Law Review for First Half of 2017. In Williams v. Angie’s List, No. 1:16-00878-WTL-MJD (S.D. Ind. April 10, 2017)… more

The Overselling of Services and they will find out

For a long time, I didn’t like to go to the dentist. It would be 4 years between cleanings and it was silly because I’m the guy who doesn’t have tooth issues because I don’t have a sweet tooth. My only issue is that I hate to floss… more

Taking Advantage of the Global Supply Chain for Patent Examination

Innovation and Traditional Patent Process - When you develop an innovation, its potential patentability is typically unknown, thus making it difficult to determine whether it is worth the significant expense involved if you seek… more

Massachusetts Permits Disability Discrimination Claims Based on Medical Marijuana Use

On July 17, 2017, the Massachusetts Supreme Judicial Court ruled in Barbuto v. Advantage Sales & Marketing, LLC, that an employee using medical marijuana in treatment of a chronic illness may qualify for protection against disability… more

Third Circuit: Isolated Act of Discrimination Can Create Hostile Work Environment

As employment lawyers, we frequently encounter misconceptions about what qualifies as a “hostile work environment.” It has nothing to do with whether a supervisor or co-worker is simply picking on or being mean to an employee because… more

Meow- Copycat Fur and Bows - Forever 21 Stares Down Puma

As discussed in our previous blog post Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision, Puma sued Forever 21 for design patent infringement, trade dress… more

Foreign Investment Reporting to the United States: Out-Bound Investment from the United States Specific Survey Report Forms 5-year Benchmark Survey (Part 9)

The U.S. Department of Commerce, Bureau of Economic Analysis (BEA), conducts mandatory surveys to collect information on direct investment. There are three (3) specific surveys which track “out-bound” foreign investment: a quarterly… more

Hey Boo-Boo, Defining Terms in the Specification is a Pic-i-nic

A definition in the patent’s specification can be critical in defining the scope of the claims. According to the patent statute, the claims and specification are directed to a person of ordinary skill in the art, but it is important… more

The Important First Step in Law Firm Client Succession

Succession planning of client relationships at law firms requires a thoughtful examination of a law firm’s past, present and future. Managing the transition of a senior lawyer’s practice to younger counterparts is not easy. Poorly… more

Latest I-9 Form Published Yesterday

USCIS released yesterday the latest Form I-9, Employment Eligibility Verification. Employers may continue using the old Form I-9 with a revision date of 11/14/16 N through Sept. 17 (the revision date is indicated in the bottom left… more

You Can Dance If You Want To

In borrowing a page from the '80s band "Men Without Hats," on June 12, 2017, the U.S. Supreme Court brought greater certainty for both biosimilar applicants and originator companies. In Sandoz Inc. v. Amgen Inc., the Supreme Court… more

The Sharing Economy: Ride Sharing Provides Unique Challenges to Automotive Manufacturers Going Forward

A recent study published by AlixPartners estimates that for each car-sharing vehicle on the road, 32 personal vehicle purchases do not occur, which to date has resulted in 500,000 missed vehicle sales for automotive manufacturers… more

"On demand" performance bonds: no strings attached?

A recent Australian case decided that a claim used as a basis for encashing an "on demand" performance security did not need to be authoritatively determined first… more

Recent Bankruptcy Decision from the Western District of Wisconsin Discusses Negative Equity, Car Loans, and the Chapter 13 Cram Down

A quick introduction for those of you who are not bankruptcy nerds. For certain types of collateral, Chapter 13 allows a Debtor to reduce a secured creditor’s claim down to the value of the collateral. This is called “cram down.” But… more

Google Prevails, In Part (And For Now), In Compensation Data Dispute With OFCCP

On July 14, 2017, an Administrative Law Judge (“ALJ”) for the Department of Labor issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contractor Compliance Programs (“OFCCP”) against… more

Commodities Futures Trading Commission Launches Cooperation Initiative

When investigating potential wrongdoing, government investigators have powerful tools that they can use to obtain information. As the U.S. Attorneys’ Manual explains, one such tool is the ability to enter into non-prosecution… more

Yes, your 18-year-old does need estate planning!

A common misperception is that estate planning is only for the old or the wealthy. Often, estate planning becomes urgent, something done quickly due to an upcoming trip or in response to a health scare. Estate planning, however, is… more

What To Look For In Strong Computer Fraud & Social Engineering Insurance

Cyber security has been the talk of the town for quite a while now. Organizations today flooded with statistics and mentions of the importance of proper security measures and cyber liability programs. Some companies understand the… more

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the Massachusetts… more

Administrative Law Judge Sides With Google in Denial-of-Access Case

In an advantageous decision for federal contractors, an Administrative Law Judge (ALJ) ruled last week that a demand by the Office of Federal Contract Compliance Programs (OFCCP) for pay data about Google employees was "over-broad… more

Connected Cars and Autonomous Vehicles: The Evolving Landscape of Product Liability, Product Safety, and Product Compliance

In this hoganlovells.com interview, Dr. Sebastian Polly talks about how connected cars and automated/autonomous vehicles (AV) will impact the concept of product liability. He also addresses how automakers and suppliers will need to… more

MSRB's G-42 Guidance Notes Ambiguities for MAs in Conduit Issues

Last week, the MSRB issued “guidance” on the application of Rule G-42 conduct standards for Municipal Advisors in conduit issues. The “guidance” highlights ambiguities from the “for or on behalf” language in the MA Rule when applied… more

The Other Shoe Drops: An Update on DOLI Enforcement of Contractor Registration Requirements

In a move of interest to residential or commercial contractors working in Minnesota, the Minnesota Department of Labor & Industry (DOLI) recently began enforcing a 2012 requirement that all unlicensed contractors register with the… more

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