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Claim for Failure to Reimburse Reasonable Business Expenses Not Barred by EPL Policy’s Wage and Hour Exclusion

Don’t be too surprised if you see a “wage and hour” exclusion in your employment practices liability insurance policy, especially if you have employees in California. While these exclusions purport to bar coverage for claims brought…more

Department of Homeland Security (DHS) Publishes Final Rule Improving Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers. On January 17, 2017, the Department of Homeland…more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles: November 2016 - Issue 9: European Union Legal Developments

EMIR – European Commission adopts revised rules for reporting to trade repositories under EMIR - The European Commission adopted revised rules for reporting to trade repositories under EMIR on 26 October 2016. The revised rules in…more

Arbitration Clause In Body Of Reinsurance Agreement Governs Over Provision In Endorsement

In a dispute between First Mutual, a ceding company, and its reinsurer, Infrassure, over which of two competing arbitration clauses in a reinsurance contract governed, the Second Circuit affirmed a lower court decision in favor of the…more

Court Decides Take-Home Exposure Duty Claims with 'Wide-Ranging Impact'

Employers and premises owners have a duty to "members of a worker's household" to exercise ordinary care to prevent take-home asbestos exposures, the California Supreme Court held on December 1, 2016. This ruling expands liability for…more

Do As We Say, Not As We Do: Audit Reveals Unencrypted IRS Emails Put Taxpayer Data at Risk

With tax season around the corner, the Internal Revenue Service (IRS) has begun its yearly campaign to educate taxpayers on the importance of protecting their personal information. However, a recent audit of the agency’s email use…more

FHFA Announces Increases in Maximum Conforming Loan Limits for Fannie Mae and Freddie Mac for First Time in 10 Years

The Federal Housing Finance Agency (FHFA) has announced that the maximum conforming loan limits for mortgages acquired by Fannie Mae and Freddie Mac in 2017 will increase to $424,100 from $417,000. While the increase is modest, it is…more

New Delaware Chapter 11 Filing- Limitless Mobile, LLC

Limitless Mobile, LLC, successor to Keystone Wireless, LLC, has filed a petition for relief under chapter 11 in the United States Bankruptcy Court for the District of Delaware (Case No. 16-12685). According to the First Day…more

ICYMI: Energy & Environmental News Roundup

Environmental - Environmental Protection Agency Announces Drinking Water Action Plan - On Wednesday, November 30, the US Environmental Protection Agency announced its Drinking Water Action Plan (Plan), designed to improve…more

Hurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s Claim

As we have written about before on this blog, the water damage caused by Hurricane Sandy in October 2012 gave rise to important questions concerning the applicability of so-called “anti-concurrent causation” clauses. Such was the case…more

Answers to Ten Key Questions about the New Form I-9

USCIS has released a new version of the Form I-9, which all employers must use beginning no later than 1/22/17. We’ve closely tracked its release. Here are answers to 10 key questions about the new Form I-9…more

Football Association Premier League Limited v Luxton [2016] EWCA Civ 1097

Sports rights holders and sports broadcasters will be reassured as a result of a recent Court of Appeal (“CoA”) decision, which prevented a pub owner in Swansea from using a foreign-purchased domestic decoder card to show live Premier…more

Did You Make the Multistate Tax Compact Apportionment Election in California? Watch Out for Penalties

On December 31, 2015, the California Supreme Court ruled against the taxpayer in The Gillette Company v. Franchise Tax Board. The United States Supreme Court denied review of Gillette on October 11, 2016. Thus, Gillette is final. With…more

Third Circuit Enforces Make-Whole Premium for Notes Accelerated by Bankruptcy Filing

Some term loans allow borrowers to redeem debt. But to protect a lender’s expected yield, such loans often impose a “make-whole premium” on redemption. That is, they require compensation to the lender for the borrower’s premature…more

Top Takeaways: Best Ways to Address Section 101 Patent Eligibility

Kilpatrick Townsend partners Megan Chung and Thomas Franklin recently participated in a panel at the 2016 National Asian Pacific American Bar Association Convention in San Diego. Panelists, which included Jay Choi from Uber and Jason…more

Gender Diversity Progresses as First Female Chief Justice Appointed

This week the Coalition government announced that serving High Court Justice Susan Kiefel will replace retiring High Court Chief Justice Robert French. Justice Kiefel's appointment to the role is significant as she will be the first…more

Fuzzy Math? 6 Differing Arbitration Agreements = 0 Arbitration Agreement

If you ever wanted an “Exhibit A” for how drafting arbitration agreement(s) could go very, very wrong, the Tenth Circuit has just provided it. In Ragab v. Howard, __ F.3d __, 2016 WL 6832870 (10th Nov. 21, 2016), a majority of the…more

Your Daily Dose of Financial News

Federal regulators are on the verge of creating a brand new type of banking license specifically for fintech. Called “special purpose national bank charters,” the licenses are intended to enable fintech companies that accept deposits…more

Ontario Court Decision Highlights Summary Judgment as Potential Tool in Class Proceedings

In a recent class action decision, Wise v. Abbott Laboratories Limited (Wise), Justice Perell of the Ontario Superior Court of Justice (Court) granted the defendant’s motion for summary judgment in advance of certification, concluding…more

Port Jervis, NY Sued by DOJ; Settles Two Days Later

The City of Port Jervis, New York has agreed to settle a federal lawsuit filed by the United States Department of Justice (DOJ) alleging that the City’s revision to its zoning code violated the Religious Land Use & Institutionalized…more

Sunrise’s Infringement Complaint Gets the Green Light

In a recent opinion out of the District of Massachusetts, the court ordered that a patent infringement dispute between two Massachusetts-based competitors in the lighting systems industry would be allowed to proceed. This was despite a…more

Celgene Asks PTAB to Reconsider Adverse Final Written Decision

On October 27, 2016, the Patent Trial and Appeal Board (PTAB) issued four final written decisions invalidating claims of U.S. Patent No. 6,045,501 (“the ’501 Patent”) and U.S. Patent No. 6,315,720 (“the ’720 Patent”) covering Celgene’s…more

[Video]Employment Law This Week®: FLSA Overtime Rules, NYS Overtime Laws, National Origin Discrimination, Foreign Workers

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact…more

BREAKING: FMCSA Announces National Drug And Alcohol Testing Clearinghouse For Commercial Truck, Bus Drivers

The day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of commercial…more

Avoiding the Enforcement Crosshairs of Cross-Device Tracking

The Digital Advertising Alliance (DAA) recently announced that enforcement of its guidance on cross-device tracking (the “Application of the DAA Principles of Transparency and Control to Data Used Across Devices”) is set to begin on…more

Florida Supreme Court Decides that Concurrent Causes Equal Coverage

It’s said that “defeat is an orphan,” but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v. American…more

The Domestic Corrupt Practices Act Arrives According to the SEC

The Securities and Exchange Commission announced that the parent company of United Airlines has agreed to pay $2.4 million to settle charges for providing a public official with more convenient flight options. The parent company did…more

HUD Activity – Week of November 28, 2016

HUD Announces Nationwide Smoke-Free Policy in Public Housing - The most talked about HUD development this week has been Secretary Castro’s announcement on Wednesday, November 30th that HUD will require all public housing…more

More Questions for Employers As DOL Appeals Preliminary Injunction of Overtime Rules

On December 1, 2016, the date that the Department of Labor regulations were set to become effective, the government filed a notice of appeal of the November 22, 2016 the United States District Court for the Eastern District of Texas’s…more

7 Takeaways from the Maritime Investigations Presentation at This Year’s Work Boat Show in New Orleans

It is Work Boat Show time in New Orleans, and yesterday featured a great presentation on marine investigations. Any maritime lawyer worth her salt will tell you that the best part of the practice is getting that 0200 client call about…more

The DOL Will Appeal Injunction Suspending Regulations Raising the White Collar Salary Minimums

As we continue to follow the progress of the injunction suspending the Department of Labor’s regulations raising the salary minimums for the ‘white collar exemption’, on December 1, 2016, the DOL informed a Texas federal court that it…more

Italian NPL Market: The Tightrope Walker and the Seagull!

During the summer I wrote about the marvels of the Italian tightrope trick (The NPL Circus: the Italian Tightrope) and remarked on the massive feat of the Italian legislature in making the seemingly impossible, possible with the…more

Handy Proposal May Solve Sharing Economy Business Woes

As startups from Silicon Valley to Silicon Forest continue to flood the market with competing on-demand service platforms “staffed” with independent workers, these same businesses – implementing one of the most disruptive, innovative…more

On the Right Track: FRA Proposes High-Speed Train Rules

At the end of November, the Federal Railroad Administration proposed updates to the passenger train safety standards relating to the operation of high-speed trains. In the works for nearly a decade, the proposal amends existing…more

Justice Department Will Appeal Halt of New Overtime Rule

The U.S. Justice Department announced that it is appealing last week’s nationwide preliminary injunction that temporarily blocked implementation of the Labor Department’s new overtime rule. The rule, which was scheduled to go into…more

White House Publishes Mid-Century Strategy For Deep Decarbonization

On November 16, 2016, the White House filed the Mid-Century Strategy for Deep Decarbonization with the United Nations Framework Convention on Climate Change under the Paris climate deal. The strategy highlights the role that U.S…more

House Passes 21st Century Cures Act

On November 30, 2016, the House overwhelmingly passed (392-26) the 21st Century Cures Act (“Bill”). The Bill moves on to the Senate next week and it is projected to pass in the Senate as well. Notably, the Bill seeks to improve upon…more

Burden of Proof Issues in Gift Tax Matter

A recent case illustrates 3 important burden of proof issues. The general facts of the case involved a merger of a company owned by parents with a company owned by children. The gift tax issue involved the relative value of the…more

CFPB Steps Up Oversight of Companies’ Compensation Programs Following Wells Fargo Scandal

The Consumer Financial Protection Bureau (CFPB) will likely be weakened by the incoming Trump administration and its Republican allies in Congress. Exactly how, and how much, remains to be seen, however—and, in the meantime, the agency…more

FAA Releases New Video for Safe Operation of Drones this Holiday Season

The Federal Aviation Administration (FAA) released a friendly holiday warning for those who chose to purchase a drone this year for the holidays: fly it safely. The FAA released a new video summarizing the rules and regulations that…more

Holiday Horror Series: Part 2- Hectic Holiday Rollovers

With the holidays upon us, we all can relate to how easy it is to mistakenly overlook important things amidst the cheery holiday hustle and bustle: leaving the Christmas ham in the oven a few hours too long, forgetting to pick up your…more

D.C. Council to Vote on Nation's Most Beneficent Leave Law

Employers in the District of Columbia may soon be required to provide 11 weeks of paid family leave for parents to care for a new or adopted child and eight weeks of paid family leave to care for an ailing parent or grandparent. The…more

Key Takeaways: Nuts and Bolts of Technology Contract Drafting/Negotiation

Josh Ganz, Partner at Kilpatrick Townsend, focuses his practice on strategic outsourcing, technology licensing and other complex commercial transactions. Michelle Tyde, Counsel at Kilpatrick Townsend, focuses her practice on…more

A Trump Administration: Will Industry Be “Safe” from Overregulation?

The nation has decided, and the next President of the United States will be: Donald Trump! You might have read about this somewhere. But what does his yuge victory mean for OSHA for the next four years? Well, the honest answer is…more

Registration Open for Webinar on “Water Sustainability through Nanotechnology: Increasing Water Availability”

Registration is now open for a December 7, 2016, National Nanotechnology Initiative (NNI) webinar, “Water Sustainability through Nanotechnology: Increasing Water Availability.” NNI states that water demand in the U.S. is projected to…more

“Sorry, Santa, the Kids’ Data Is Stuck In Russia!” ~ Plus LinkedIn Not Feeling the Love from Russia

LinkedIn has become the first major company to have access to its website in Russia blocked by the Russian Data Protection Authority, Roskomnadzor, following earlier Moscow Court decisions on 4 August and 10 November. Russia’s…more

"Key Takeaways: Corporate Governance Series — Preparing for the Shareholder Proposal Season"

On November 16, 2016, Skadden hosted a webinar titled “Preparing for the Shareholder Proposal Season.” The panelists were Amy Borrus, deputy director of the Council of Institutional Investors (CII); Skadden M&A and corporate governance…more

Getting the Deal Through — Electricity Regulation 2017: Russia

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Policy The Russian power sector underwent a programme of fundamental reform in the early 2000s involving the break-up of the…more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles: November 2016 - Issue 9: United Kingdom

FCA Publishes Final Rules Removing Certain Ineffective Disclosure Requirements - The FCA published a policy statement on 11 October 2016, removing certain ineffective disclosure requirements from the FCA Handbook (PS16/23). The…more

GAO Loses Jurisdiction Over Task Order Protests Valued at More Than $10 Million

Government contractors hoping to challenge a civilian agency’s award of a task or delivery order may be out of luck, at least temporarily. Prior to September 30, 2016, the Government Accountability Office (“GAO”) had exclusive…more

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

Orrick’s NorCal IP Blog reports on notable new case filings and verdicts specifically within the Northern District of California, as well as on significant rulings, such as motions for summary…

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