Latest Updates

NJ Seeks to Protect Consumer Data with Personal Information Privacy and Protection Act

A recently enacted New Jersey law restricts retailers from collecting and using personal information gleaned from driver’s licenses and other identification cards. The law, which will take effect October 1, 2017, is meant to crack down… more

Federal Court Stays Section 1557 Litigation Pending HHS’s Decision to Revisit Regulation

On July 10, 2017, the Northern District of Texas stayed its much-watched Section 1557 case (known as the Franciscan Alliance case) pending HHS’s decision to revisit or revise its regulation under Section 1557. At issue in the case… more

Singapore Legal Update - July 2017

Issues of Corporate Governance and Due Diligence Raised in SingPost's Review of Its Acquisition of TradeGlobal - SingPost issued an update on its review of its acquisition of TradeGlobal Holdings Inc. The report noted, among… more

ACA Repeal Could Put Dent In The Number Of Gig Workers

Bloomberg BNA reporter Madison Alder has written an eye-opening article that suggests the possible repeal of the Affordable Care Act (ACA) could force many gig economy workers to abandon their freelance lifestyle and secure full-time… more

FERC issues license for Monongahela Locks and Dam 4 project

U.S. hydropower regulators have issued an original license for a proposed 12-megawatt hydropower project, to be located at the U.S. Army Corps of Engineers’ Monongahela Locks and Dam 4 facility on the Monongahela River, in… more

SCC Confirms the Role of Regulatory Tribunals in Aboriginal Consultation

On July 26, 2017, the Supreme Court of Canada (SCC) released two decisions on the role of the National Energy Board (NEB) and other regulatory tribunals in aboriginal consultation: Clyde River (Hamlet) v. Petroleum Geo-Services Inc… more

SEC Settles Offering Fraud Tied to Cellphone App

The focus of SEC enforcement has not changed under a new Chairman if recent cases are any indication – at least for now. For example, offering fraud actions have been a key focus of Enforcement for years… more

FCC Enforcement Monitor ~ July 2017

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue… more

Supreme Court Denies Depublication Request, Declines To Review CEQA Decision Addressing Discretionary/Ministerial Project Approval Distinction

On July 26, 2017, the California Supreme Court issued its order denying the losing appellants’ (Sierra Club and Center for Biological Diversity) request for depublication of the opinion in Sierra Club v. County of Sonoma (2017) 11… more

State Governors Sign Cybersecurity Compact

The National Governors Association (NGA), recently announced that 38 governors had signed “A Compact to Improve State Cybersecurity.” In announcing the Compact, Virginia Governor Terry McAuliffe, outgoing chair of the NGA, cited its… more

CRM Is A Marathon, Not A Sprint

When considering a CRM system, you may think that this is a technology that simply needs to be purchased, installed and implemented… but, in reality, that couldn’t be further from the truth. CRM is not a project, an initiative or a… more

Sixth Circuit Balances Rights of Forest Service and Rights of Private Property Owners Provided by Michigan Law

Balancing the interests of the Federal Government as owner of thousands of acres surrounding Crooked Lake and private owners’ rights, on July 26, in a 2 to 1 ruling, the U.S. Court of Appeals for the Sixth Circuit ruled that the U.S… more

U.S. House of Representatives Passes Russia Sanctions Bill

On July 25, 2017, the U.S. House of Representatives passed a Russia sanctions bill, “Countering America’s Adversaries Through Sanctions Act” (“H.R. 3364”) by an overwhelming vote of 419 to three. This broad-ranging sanctions bill… more

“Ruff” Start for Defendant in Pet Ramp Patent Dispute

Judge Saylor of the United States District Court for the District of Massachusetts recently narrowed the counterclaims and affirmative defenses available to a defendant in a consumer products dispute. The decision highlights not only… more

Down, but not out – initial adverse decision not a bar to future recovery of .ca domain name

A pair of recent decisions under the Canadian Internet Registration Authority (“CIRA”) Domain Name Dispute Resolution Policy (“CDRP”) demonstrate that a trademark owner who fails to obtain a domain name transfer at a first panel… more

The Crisis of Free Speech on Campus: Not Fake News

A recent column in the Detroit News, by John Patrick Leary, an assistant professor of English at Wayne State University, advanced the proposition that concern over the recent protests on campus over free speech is a “manufactured… more

Alert: California New Hires Must Receive Notice of Workplace Rights of Victims of Domestic Violence

Existing California law prohibits employers from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault or stalking who takes time off work for certain… more

UK Supreme Court finds that Employment Tribunal fees are unlawful

In an important judgment today, the UK Supreme Court has ruled that the introduction of Employment Tribunal fees in 2013 was unlawful and that fees should no longer be charged, with immediate effect… more

Mexico's "Red Troncal" project

General Guidelines for the Red Troncal Project - On July 17, 2017, Telecomm issued preliminary general guidelines for the Red Troncal Project. This document outlined the general criteria through which Telecomm seeks to obtain… more

Tort Reform by Any Other Name

A rose by any other name may smell as sweet, but tort reform still smells bad to traditional opponents despite an attractive title. That’s why most observers believe that the House-passed “Protecting Access to Care Act,” H.R. 1215, is… more

Better KM in an Age of Need-to-Know Security

Double-edged Sword: Protect & Deliver - 2016 was a banner year for cyber incidents as records breaches increased by 556% with more than four billion records leaked. The regulatory and client response has been significant...… more

Blockchain and Digital Token Update: SEC Releases Investigative Report and Investor Bulletin

On July 25, 2017, the Securities and Exchange Commission (“SEC”) released groundbreaking materials relating to blockchain tokens. These materials provide significant and welcome insight to the SEC’s and its staff’s thinking in this… more

When (and How) the Roll Is Called Up Yonder (Part I)

Senate floor activity has made this the ACA’s biggest news week not involving Justice Roberts, but whatever news you have read, rest assured that it wasn’t really that simple. Let us preach on it. Shortly after noon EDT on July 25… more

Can Inflating Jury Verdicts and Settlements Injure More than Just Your Reputation? Kansas Law Firm Sues Competitor For False Advertising

It’s not every day that a law firm sues a competing firm for false advertising. Earlier this month, however, a Wichita, Kansas personal injury law firm did just that. Brave Law Firm sued rival firm Truck Accident Lawyer’s Group and… more

The Gig Economy Expands to the Healthcare Industry

The United States is expected to see a shortage of 40,000 to 104,000 physicians by 2030. Due to this anticipated need for primary care physicians, freelance work among the healthcare industry is becoming increasingly popular. For the… more

New Seattle Income Tax: Answers to Your FAQs

The City of Seattle adopted Ordinance 125339 on July 14, 2017, which imposes an income tax on Seattle residents and certain irrevocable trusts. The Seattle income tax is imposed at a rate of 2.25% of a resident taxpayer’s “total… more

Pennsylvania Announces Practitioner Registry For Medical Marijuana Program

In a July 26, 2017 Press Release, the Pennsylvania Department of Health announced the opening of its Practitioner Registry. This marks the next critical step in implementing Pennsylvania’s Medical Marijuana Program, which the DOH… more

DOL Asks For Feedback On Salary Levels In Overtime Rule

The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration’s overtime rule. The RFI was published in yesterday’s Federal Register. Comments are being accepted through… more

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

Last week's Privilege Point explained that Cadwalader Wickersham & Taft's client Washington Metropolitan Transit Authority (WMATA) lost a work product claim for 51 witness interviews the firm prepared during its internal investigation… more

EC Publishes Final Report of Nanocomput Project

In July 2017, the European Commission’s (EC) Joint Research Center (JRC) published a report entitled Evaluation of the availability and applicability of computational approaches in the safety assessment of nanomaterials: Final report… more

Read This Before Scanning A Driver’s License In New Jersey

On October 1, 2017, a new law will take effect in New Jersey, the Personal Information and Privacy Protection Act (“PIPPA”), which will severely restrict retailers’ ability to “scan” any customer’s “identification card”–a term defined… more

Unusual IoT Hacking Shows Creativity of Hackers

Everything connected to the Internet is hackable and at risk. But there are some things connected to the Internet that you just don’t think of as risks to an organization. That is, until now. Darktrace has issued its report Darktrace… more

Court Upholds Stockholder's Share Ownership and Books-and-Records Request

Companies often defend against stockholder requests to inspect books and records by contending that the plaintiff stockholder lacks a proper purpose or that his or her stated purpose is not the real purpose. Less common is a contention… more

EEOC Sues Wesley Health System / Merit Health Wesley For Disability Discrimination

Company Refused to Accommodate and Fired Employee Because of Arm/Shoulder Injury, Federal Agency Charges - BIRMINGHAM, Ala. - Wesley Health System, LLC, dba Merit Health Wesley, a general medical and surgical hospital located in… more

With All Eyes on Senate ACA-Repeal Debate, House Passes Bill to Tweak Stark Law and Other Medicare Part B Policies

While the Capitol Hill spotlight is focused on the Senate debate on legislation to repeal or revise the Affordable Care Act, the House of Representatives quietly approved by voice vote HR 3178, the Medicare Part B Improvement Act of… more

Labor Department Asks For Public Input On FLSA White Collar Exemptions

As a preliminary step to replacing the December 1, 2016, Fair Labor Standards Act “white collar” exemptions Final Rule, the Department of Labor has issued a Request for Information (RFI) seeking public comment on a wide variety of… more

Rules Interpreting NYC “Ban the Box” Law Take Effect on August 5, 2017

Earlier this year, the New York City Commission on Human Rights (the “Commission,” or “NYCCHR”) promulgated a set of rules (the “Rules,” available here) relating to employers’ duties under the Fair Chance Act (the “FCA,” or the “Act”)… more

Your Daily Dose of Financial News

Lack of workable replacement (so far, at least) be damned—the UK’s Financial Conduct Authority has announced that [the scandal-plagued] Libor will be phased out by 2021 in favor of “transaction-based benchmarks”… more

Defendants Should Consider Personal Jurisdiction Defense Following Supreme Court Decision, Especially When the Claims of Out-of-State Plaintiffs Are Joined with Those of In-State Plaintiffs

A recent Supreme Court decision may allow defendants to avoid lawsuits in distant courts that have little or no connection to the lawsuit, especially in cases (such as mass actions) where the claims of out-of-state plaintiffs are… more

District Courts Disagree on Venue-Waiver Issues After TC Heartland

At the end of May this year, the Supreme Court unanimously clarified the law on venue in patent infringement lawsuits (see here). For 27 years, litigants had relied on a Federal Circuit decision, VE Holding Corp. v. Johnson Gas… more

Maine Court Declines to Follow Textron; Work Product Rule Protects Tax Accrual Work Papers

In a well-reasoned decision, Maine Superior Court Justice Michaela Murphy refused to grant the State Tax Assessor’s motion to compel deposition testimony relating to the taxpayer’s tax accrual (FIN 48) work papers and related… more

Tax Planning for Investment Into the United States Through Hybrid Entities - Tax Update Volume 2017, Issue 4

The Tax Section of the New York State Bar Association recently issued a report commenting on the appropriate application of treaty limitations to source-country taxation of business profits when the underlying income is earned by or… more

Compliance and the Noble Fight Against Corruption

In two recent public appearances, Department of Justice (DOJ) representatives spoke to issues of concern to every compliance practitioner regarding one role of the DOJ going forward and how that role will continue to feed the need for… more

DOJ Issues Two Declinations in First Corporate FCPA Enforcement Actions of the Trump Administration

Speed read - In June 2017, the U.S. Department of Justice (DOJ) issued two “Declinations with Disgorgement” under the DOJ’s Pilot Program. The declinations were received by U.S. subsidiaries of the Linde Group (Linde) and CDM Smith… more

Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations

Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard established in… more

Shippers, Freight Forwarders, NVOCCs and Carriers' Maritime Incident Warning Signs - Lessons Learned and Action Items for In-House Counsel

Despite the alleged softening of the maritime industry since 2008-09, the volume of waterborne trade continues to rise. The ebbs and flows of the industry mean changing partnerships and alliances, more complicated logistics chains… more

Hotel Cybersecurity: Protecting your guests and your property from vendor data breaches

July was another notable month for hotel data breaches – on a single day, several well-known hotel brands and managers, including Four Seasons, Trump Hotels, Hard Rock Hotels & Casinos and Loews Hotels all announced that customer data… more

Four hot mid-year topics in California employment law

As California sizzles under scorching temperatures, state and local governments have turned up the heat on employers. Employers should be aware of and make sure they are in compliance with important legislative changes effective July… more

Coherus Requests Stay Of Discovery in Amgen v. Coherus

We previously reported, Amgen filed a BPCIA suit against Coherus Biosciences, Inc., relating to its aBLA for its pegfilgrastim (Neulasta®) biosimilar. In response, Coherus filed a motion to dismiss the suit arguing that Amgen’s… more

USCIS Reopens H-1B Premium Processing for Institutions of Higher Education and Other Cap-Exempt Petitions

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it would temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The premium… more

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Over the past twenty-five years, Cohen Seglias has grown from a three-attorney construction practice to a Firm of fifty-five attorneys serving more than one thousand clients annually. With offices…

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