Latest Updates

Ontario Court Allows Workplace Random Drug and Alcohol Testing to Proceed

In April 2017, the Ontario Superior Court of Justice allowed the Toronto Transit Commission (TTC) to proceed with implementing random drug and alcohol testing of safety-sensitive employees, pending the outcome of an ongoing… more

Limiting Statutory Damages in Internet Copyright Cases

One of the most significant legal concerns for Internet service providers is the risk of exposure to liability for the copyright infringements of their users. The concern is not unreasonable. Because Internet service providers can be… more

Court of Appeals Dismisses Appeal For Lack Of Jurisdiction

On April 20, the U.S. Court of Appeals for the Second Circuit issued a unanimous ruling that may terminate much of the litigation triggered by the bankruptcy of Tronox Inc. The Court of Appeals dismissed the appeal for lack of… more

MMT finds against SFC in insider dealing case

In another decision against the SFC, the Market Misconduct Tribunal ("MMT") has found Mr Cheng Chak Ngok ("Mr Cheng"), former executive director, chief financial officer and company secretary of ENN Energy Holdings Limited, not guilty… more

Right to Seek Injunctive Relief Cannot be Waived by Arbitration Provision - Arbitration Agreement does not Provide Shield from General Contract Defenses

An arbitration agreement preventing individuals from seeking injunctive relief was void as contrary to California public policy and could not be enforced under California law, the California Supreme Court recently determined in McGill… more

CMS Aims to Stabilize Exchanges but Does Not Address Issuers’ Biggest Questions

CMS recently released a final rule with the goal of stabilizing Exchange markets for 2018. The agency also issued several significant guidance documents where CMS extended the deadlines for 2018 rate and Exchange qualified health plan… more

Businesses Challenge Philadelphia Law Prohibiting Inquiry into Prospective Employee’s Wage History

Seyfarth Synopsis: Businesses banded together to challenge, on First Amendment and Due Process grounds, the pay equity Ordinance which would ban inquiries into prospective employees’ prior salaries. The Ordinance, which was set to go… more

Supreme Court Preview -- Sandoz Inc. v. Amgen Inc. -- 180 Day Notice of Commercial Marketing Provisions of BPCIA

On Wednesday, April 26, the Supreme Court will hear oral arguments in Sandoz Inc. v. Amgen Inc, involving interpretation for the first time of the Biologics Price Competition and Innovation Act ("BPCIA"), which was enacted in 2010 to… more

Mine Safety Agency Issues Alert to Prevent Fall Accidents

The Mine Safety and Health Administration has issued a safety alert on preventing accidents at mines from miners falling. MSHA said that in the past decade, 29 miners have died at metal and nonmetal mines when they fell from the… more

District Court Must Consider Significant Disparity Between Plea Offer and Ultimate Sentence When Assessing Ineffective Assistance Claims

In Reese v. United States, 16-516, the Second Circuit (Pooler, Wesley, Carney) vacated by summary order the order of the U.S. District Court for the Southern District of New York (Marrero, J.) denying Reese’s petition to vacate his… more

UV Curable Coatings: No Exergen, but PTAB Decision Leads to Stricken Inequitable Conduct Defense

In a recent decision in UV Curable Coatings for Optical Fibers, Inv. No. 337-TA-1031, Judge MaryJoan McNamara struck a respondent’s inequitable conduct defense, which the respondent based on the complainants’ conduct during IPRs of the… more

Patent Marking

Labeling your product with information about patent(s) that cover that product is called “patent marking” and is one way to inform the public about your IP rights. While under U.S. law you aren’t required to mark your products, not… more

Immigration Dispatch USCIS To Issue Redesigned Green Cards And Employment Authorization Documents

As part of an ongoing effort to enhance document security and deter counterfeiting and fraud, the U.S. Citizenship and Immigration Services recently announced that it will soon begin issuing redesigned Permanent Resident Cards… more

Ninth Circuit Stumbles on CAFA

Plaintiff lawyers must be mighty allergic to federal court. They perform all sorts of maneuvers to avoid CAFA removal of mass actions. For example, they will artificially subdivide their cases into groups of under 100. And/or they… more

D.C. Circuit Rebukes CFPB in Civil Investigative Demand Enforcement Decision

On April 21, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion in CFPB v. Accrediting Council for Independent Colleges & Schools, affirming a decision by the D.C. district court to deny enforcement of a… more

Your Daily Dose of Financial News

Mega luxury brand news yesterday, as LVMH announced a series of moves that, combined with $13.1 billion, helped it take over the 70-year-old French fashion house Christian Dior… more

What Lies Beneath: The Cultural Iceberg Effect in Negotiation in Latin America

American anthropologist Edward Hall has compared culture to an iceberg. While a few aspects are visible above the surface, a larger portion lays hidden below, with deep-seated assumptions and social beliefs which comprise the driving… more

[Webinar] Be Compromise Ready: Go Back to the Basics - May 9th, 12:00pm EDT

Cyber threats are here to stay. No company, large or small, is immune. But there are basic measures you can take to prepare for the legal and business risks associated with an attack… more

Judge Upholds FTC Staff Opinion that Avatar Calls are Prerecorded Messages under TSR

Yesterday, a D.C. district court upheld a recent opinion letter issued by FTC staff that extended robocalling restrictions to telemarketing calls that use so-called soundboard technology or “avatars.” This technology generally allows… more

Simplifying Employee Performance Feedback Documentation

Employers are familiar with the importance of documenting performance problems. Performance documentation is a critical part of managing employees, providing feedback, and creating a record for promotion or position changes, changes in… more

Understanding PSD2: Key Points to Know About the Upcoming Regime

New directive disrupts the EU payments regulatory regime. A series of Client Alerts will follow ongoing developments related to PSD2. Key Points: ..By expanding the accessibility of customer account information, PSD2 allows… more

Is Calling Your Boss “a Nasty Mother******” Protected Activity?

My colleague Gary Starr returns today with a decision from the Second Circuit (which covers Connecticut) that may just surprise you. Then again, if you’ve been following this line of reasoning, perhaps not… more

It’s Tax Season: Virgin Fined for Slightly Imperfect Disclosure

On March 27, the U.S. Department of Transportation’s Office of Aviation Enforcement and Proceedings (the “Enforcement Office”) continued its activist pursuit of hyper-technical violations of the DOT’s hallowed full fare advertising… more

NYSE Issues Proposed Rule Allowing Listing Without an IPO

On March 13, 2017, the NYSE issued a proposed rule to modify the provisions regarding the qualification of companies listing on the NYSE to allow for a listing without an IPO. Section 102.01B of the NYSE Listed Company Manual currently… more

Shareholder Liability a Cause for Concern for Private Equity Firms

The global regulatory environment has become increasingly challenging for private equity in recent years. In our view, this trend will continue as politicians in the UK and elsewhere seek new tools to hold business accountable… more

Permits Moving to the Permits Online System this Fall Could Cause Substantial Delays

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently notified holders of permits that were originally filed in paper of plans to move all permits to the Permits Online (PONL) system this fall… more

Congress Should Resist Legislating in Reaction to United Airlines’ Recent Passenger Bumping Incident

The recent forced removal of a United Airlines passenger by airport security officers from a flight at Chicago’s O’Hare International Airport to make room for the airline’s employees has prompted calls in Congress for increased… more

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit reached this… more

NC Legislative Update: April 2017 #2

This Week - Lawmakers returned Wednesday after taking a recess for the Easter Holiday. A short, but hectic week ensued as Committees in both chambers worked to move a flood of bills to the floor ahead of the crossover deadline… more

USPTO Invites Suggestions for PTAB Procedural Reform Initiative

The Patent Office has announced an initiative to make procedural reforms in an effort to improve PTAB trial proceedings, particularly inter partes review proceedings..… more

DOJ Indictment of Senior Project Manager Reminds Employers of Severity of Potential Consequences When Dealing With OSHA Inspectors

A 49-year-old senior project manager for a roofing contractor was indicted on April 19 on three charges that he made false, fictitious and fraudulent statements to federal OSHA investigators. The Department of Justice accuses Peter… more

Can't Touch This! Florida Supreme Court Says Attorney-Client Privelege Protects Lawyer Referrals to Doctor

Most Florida courts have permitted defendants to explore the relationship between plaintiff firms and the medical providers to whom they refer their clients. Unfortunately, in a 4-3 decision earlier this month, the Florida Supreme… more

General Election 2017: comply with the campaigning rules

The General Election campaigning rules have kicked in – and apply retrospectively back to 9 June 2016 and until 8 June 2017. Businesses need to review both past and future publications, events and other activities during the regulated… more

Quelles Consequences Sur Vos Contrats De Marche En Cas De Frexit ?

Avec une proportion non négligeable de candidats à la présidence de la France favorables à la sortie de l’Europe ou à la renégociation de certains traités, l’éventualité d’un Frexit au lendemain du Brexit n’a jamais été aussi… more

SEC Announces First Whistleblower Award During Trump Era

On April 25, 2017, the Securities and Exchange Commission issued a Dodd-Frank whistleblower award of nearly $4 million, the first bounty award issued during the Trump administration. To maintain the whistleblower’s confidentiality, the… more

Treating Partners as Employees – Overview and Update

Limited liability companies (LLCs) have become the fastest-growing entity choice for businesses in recent years. LLCs provide flexibility in operations and distributions. However, to the surprise of many businesspeople, if an entity… more

Effective Date of Philadelphia Wage Equity Bill Put on Hold

As you may recall, late last year we discussed a new Philadelphia law that banned private-sector employers from asking job applicants about their wage and fringe benefits history. The Wage Equity Bill, which was aimed at closing the… more

Launch of Swiss-US Privacy Shield Framework Announced by US Secretary of Commerce

International commerce is a huge business, but one of the challenges involved in conducting international business is that different countries may have different laws concerning privacy and the handling of personal data. Many companies… more

Professional Regulatory Alert: Supreme Court of Canada Confirms Regulators Have Broad Authority and Discretion to Fulfill Mandate

In its recent decision of Green v. Law Society of Manitoba, 2017 SCC 20, the Supreme Court of Canada confirmed that professional regulatory organizations will be granted deference when they enact general rules or bylaws to meet their… more

Analogous Analysis: A Survey of Recent PTAB Decisions Establishing Subject Matter Patent Eligibility

In 2014, the U.S. Supreme Court established the current framework for determining patent-eligible subject matter in Alice. The Alice framework is a two-part test, with step one requiring a determination regarding whether a claim is… more

Employers Beware: Facebook Posts May Not Be Enough to Fire Employees

On Friday, April 21, 2017, the Second Circuit affirmed a National Labor Relations Board (“NLRB”) ruling, which found that Pier Sixty, LLC (“Pier Sixty”) violated the National Labor Relations Act (“NLRA”) when it terminated its… more

Blog: It’s baaaack — the Financial CHOICE Act of 2017

A draft of the Financial CHOICE Act of 2017 (fka version 2.0), a bill to create hope and opportunity for investors, consumers, and entrepreneurs — a masterpiece of acronyming — has just been released (and weighs in at 593 pages). The… more

European Commission Requests Comments on FinTech

On March 23, 2017, the European Commission (“EC”) published a Consultation Document entitled “FinTech: A More Competitive and Innovative European Financial Sector.” The Consultation Document seeks comments regarding the development… more

Court Of Chancery Discusses Interrelationship Between Corwin and Santa Fe

In its now famous Corwin decision the Delaware Supreme Court held that when a majority of the stockholders in a fully informed, noncoercive vote approve a transaction, the business judgment rule applies and the transaction is virtually… more

EU Publishes Report on Progress of Renewable Energy Sources

On April 3, 2017, the European Environment Agency (EEA) announced the publication of the report titled “Renewable Energy in Europe 2017: Recent Growth and Knock-On Effects,” which demonstrates that renewables have been a major… more

Two New Rules for New York City Employers

Prohibition with Respect to Salary Histories - In an effort to combat gender pay inequality, New York City will join Philadelphia and Massachusetts in prohibiting employers from inquiring about the salary histories of job… more

New Rights for Freelance Workers in New York City

New York City has become the first city in the nation to protect freelance workers through legislation to prevent client non-payment, which is alleged to have become widespread. Some sources have estimated that 4 million workers in NYC… more

Is Property Tax Reform Coming to Oregon?

As our state faces a $1.6 billion budget shortfall, lawmakers are considering a number of ways to raise taxes to bridge the gap. One current proposal asks Oregonians to reconsider Measure 50, their 1990s-era property tax revolt. Senate… more

Ransomware Attacks: When Is Notification Required?

Ransomware is not only a growing security threat but a potentially thorny notification issue. Ransomware is one of the most prevalent cybersecurity threats afflicting businesses today. When an attack hits, a victim company must… more

Sanctions Granted against Defendant for Loss of ESI on Laptop and Hard Drive, Denied for iPhone: eDiscovery Case Law

In TLS Management and Marketing Services, LLC v. Rodriguez-Toledo, et. al., No. 15-2121 (D. P.R., Mar. 27, 2017), Puerto Rico Magistrate Judge Bruce J. McGiverin partially granted and partially denied the plaintiff’s motion for… more

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