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

Latest Updates

Guidelines for Privacy Certifications and Trustbrands

Privacy certifications, or “trustbrands,” are seals licensed by third parties for organizations to place on their homepage or within their privacy policy. The seals typically state, or imply, that the organization which has displayed…more

Hotel Websites and Reservation Systems Is your website accessible to the blind and vision impaired?

How would you react if you received a letter from a law firm alleging that your hotel’s website is in violation of the Americans with Disabilities Act (ADA) because it discriminates against persons who are visually disabled? If…more

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural Requirements

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor Agreement…more

In Case You Missed It: Launch Links - October, 2016 #3

Some interesting links we found across the web this week: The first 100 days of your startup: From registering a name to funding options - How to start a startup: Advice from startup founders - Techworld talks getting…more

When “Organic” is Not “Organic,” Even When the USDA Says It Is

Producers of agricultural products go to great lengths to achieve the U.S. Department of Agriculture’s “organic” label. Under the USDA’s National Organic Program (NOP), organic certification is a complex time-consuming process. The…more

Fujifilm Kyowa Kirin Biologics Announces Successful Adalimumab Biosimilar Trial Results

On October 19, Fujifilm Kyowa Kirin Biologics (a joint venture between Fujifilm and Kyowa Hakko Kirin), announced successful results in the global Phase 3 study of its Humira® (adalimumab) biosimilar candidate, FKB327. According to…more

MBA launches new networking platform for women

Women in the real estate financing sector have a new opportunity to connect with others in their field and to access and exchange information about the industry. On October 18, the Mortgage Bankers Association (MBA) announced the…more

Election 2016: A Reminder About New York’s Voting Leave Law and Posting Requirements

On November 8, 2016, voters across the country will cast their votes for president and vote in state and local elections. In New York, employers should ensure that they comply with New York’s voting leave law. Under N.Y. Election Law §…more

Due Diligence Means You Actually Must Do Something

So let me get this straight; Tom Brady is suspended for four games for allegedly requesting some footballs to be deflated, while another National Football League (NFL) player, New York Giants kicker Josh Brown, who had admitted he…more

Connecticut Workers’ Compensation Carriers May Pursue Justice

Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused the…more

Final Debate Yields Few Details on Candidates’ Tax Policy

Key Points - - Tax policy has not been an issue of primary debate during this campaign season, although both presidential candidates have advanced significant tax policy initiatives that are likely to gain congressional…more

SEC Issues Guidance on Pay Ratio Disclosure Rule

On October 18, 2016, the Division of Corporation Finance of the Securities and Exchange Commission issued five new compliance and disclosure interpretations (C&DIs) regarding the pay ratio disclosure rule, which will require a public…more

Another $50 Million Shoe Drops: DreamWorks Settles Wage-Fixing Class Action

In the latest sequel to the ongoing legal drama, DreamWorks has agreed to pay $50 million to settle a class-action based on DreamWorks conspiring with other animation studios not to poach/hire one another’s employees…more

Those Confining DiMasi Are Challenged to Make a Better Case for His Freedom

I’m hoping the U.S. Bureau of Prisons (BOP) does a bang-up job on the homework assignment it’s been given by Judge Mark Wolf in the matter of freeing Sal DiMasi, former Speaker of the Massachusetts House. Sal’s been in prison for…more

EEOC Issues Updated Strategic Enforcement Plan: What Should Employers Do Now?

On October 17, 2016 the U.S. Equal Employment Opportunity Commission (EEOC) approved a Strategic Enforcement Plan (SEP) for Fiscal Years 2017 – 2021. This recently approved SEP updates the EEOC’s first SEP which spanned Fiscal Years…more

Supplemental Registrations – Actually Worth a Hill of (Coffee) Beans

The potential defensive value of a registration on the Supplemental Register is highlighted in a recent opinion of the Trademark Trial and Appeal Board, In re Morinaga Nyugyo Kabushiki Kaisha. While we often think of trademarks on the…more

New Jersey Tax Law Update

The new tax law raises the gas tax to increase state revenue, but also includes provisions that are designed to reduce taxes for New Jersey residents. On October 14, New Jersey Governor Chris Christie signed into law important new tax…more

Florida Sinkhole Statute And Recovery Of Attorneys’ Fees Without Bad Faith: Florida Supreme Court Reverses The 5th DCA And Reiterates Prior Holdings

In Johnson v. Omega Ins. Co., 2016 Fla. LEXIS 2148 (Sept. 29, 2016), the Florida Supreme Court determined that the 5th DCA misapplied and misinterpreted two statutes, the first providing a presumption of correctness to the initial…more

US Implements Sixth Round of Eased Cuba Sanctions

On October 17, the US Departments of Commerce and the Treasury announced the sixth round of eased sanctions and export controls designed to bolster trade between the United States and Cuba. The amendments by the Bureau of Industry and…more

SEC’s Latest Insider Trading Action: A Question of Materiality

Earlier this month the Supreme Court head argument in Salman, perhaps the most significant insider trading case to be considered by the High Court in decades. The issue there centers on what constitutes a personal benefit and, more…more

Flexible Work Arrangements Proposed by the Government of Canada

The Government of Canada recently completed a consultation with employers, employer associations, union and labour organizations, and advocacy groups as part of its pledge to amend the Canada Labour Code to allow workers in federally…more

Financial Services Quarterly Report - Third Quarter 2016: DIFC Funds: 2016 and Beyond

The Dubai International Financial Centre (DIFC) is a financial free-zone located in Dubai with its own established set of laws and regulations as well as a financial regulator and court system. Established in 2004, the DIFC is arguably…more

Avoiding Lender Liability for Credit-Related Actions in California

Aside from general statutory prohibitions on lender discrimination, there are certain circumstances under California law in which lenders may be held liable for credit-related actions, such as negotiating or denying credit. See…more

Louisiana Rejects Arbitration Clause In Contract Of Adhesion

The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause “is adhesionary and therefore unenforceable”. Duhon v. Activelaf, LLC, __ So. 3d…more

A Half Salary Guide is a Whole Salary Guide: eDiscovery Trends

When it’s from Robert Half. Robert Half’s 2017 Legal Salary Guide (downloadable from here) once again features salary ranges for more than 100 positions in the legal field and provides some other interesting statistics, as well. Here…more

DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a “Standard” Subject to Rulemaking Process

Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard. The U.S. Court of…more

St. Joseph Health Settles with OCR for $2.14 Million

The Office for Civil Rights (OCR) has announced that it has entered into a settlement with St. Joseph Health, which operates hospitals and nursing homes in California, Texas and New Mexico, for $2.14 million for alleged HIPAA…more

Accurate Net Weight Disclosures May Defeat Slack-Fill Claims in California

Last April, we reported on Ebner v. Fresh, Inc., in which a Ninth Circuit panel held that the plaintiff failed to state a claim that Sugar lip balm packaging was misleading because it contained non-functional “slack-fill.” Last month…more

Federal Court Interprets New Standing Requirements Under Spokeo

The ripple effects persist as lower courts continue to apply the Supreme Court’s holding in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016), which established a new “standing,” threshold for plaintiffs seeking to assert a claim…more

Catching Up With the Times: CMS Reforms Long-Term Care Facility Requirements - Part II

Following CMS publishing the biggest overhaul to federal long-term care regulations in 25 years, affected facilities must take steps to ensure they are prepared for the pending changes. On Oct. 4, CMS published the lengthy Final…more

SEC Releases New Interpretations on CEO Pay Ratio Disclosure

On October 18, 2016, the staff of the Division of Corporation Finance of the Securities and Exchange Commission published five new Compliance & Disclosure Interpretations (CDIs) related to CEO pay ratio disclosures. The CDIs provide…more

The SEC Speaks: How to Identify the Median Employee for Your Pay Ratio Disclosure

The SEC’s Division of Corporation Finance posted five new Compliance and Disclosure Interpretations (C&DIs) regarding the pay ratio disclosure requirements in Item 402(u) of Regulation S-K on October 18, 2016. The “pay ratio” rule…more

Ohio Judge Upholds Federal Guidelines for Transgender Students

The landscape of transgender law impacting students is quickly evolving, in large part due to the increasing national debate over restroom access for transgender students. By way of background, under Title IX, schools receiving…more

Using corporate structures to own UK residential property – a dead end?

Historically, UK resident non-domiciled individuals have been able to achieve certain tax advantages through holding interests in UK residential property through offshore companies. In recent years, the UK government has introduced a…more

Your Daily Dose of Financial News

The weekend’s business news was dominated by the word that AT&T has agreed to buy Time Warner for $85.4 billion in the biggest yet in a series of telecomm mergers…more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Independent PAC Spending on Legislative Races Nears $500,000 - Political Action Committee and party…more

What You Need to Know About IRS Outstanding Inactive Tax Receivables

Legislation enacted in 12/15 (FAST ACT – Fixing America’s Surface Transportation Act)) required IRS to utilize private debt collection agencies to collect inactive federal tax debts. Starting SPRING 2017, IRS will use private debt…more

FAQ about Federal Acquisition Regulation (FAR) Amendment re: Non-Retaliation for Employee Disclosure of Compensation Information

Why Should I Care About this Amendment? The federal government is mandating another disclosure to your employees, and adding new language to your government contracts…more

Antitrust & Hiring: A Shock But Not A Surprise?

On October 20, 2016, the Department of Justice and Federal Trade Commission issued their joint “Antitrust Guidelines for Human Resource Professionals” (“Guidelines”), which might come as a bit of a shock to the HR world, but not to the…more

DWT Hosts Faster Payments Panel

On October 18, 2016, DWT hosted a NYPAY panel titled “What’s Next for the Networks in a World of Faster Payments?” NYPAY is a New York-based forum for the payments and mobile commerce industry. The recent panel was part of a series of…more

Proposed Regs May Limit US Estate Plan

On August 2, 2016, the US Treasury issued long-awaited pro- posed regulations under Code section 2704 that make comprehensive and very significant changes to the valuation of interests in many family-controlled entities for US estate…more

Section 385 Regulations Issued - Not as Harsh as The Proposed Regulations

Earlier this year, the IRS issued proposed regulations on the conversion of purported related party debt to equity. The IRS has now issued temporary and final regulations on the subject…more

Louisiana Statutory Penalties Imposed on Operator

If you’ve ever tried to escape penalties for the operator/producer’s failure to comply with La. R.S §30:103.1 and §103.2, take comfort in XXI Oil & Gas, LLC v. Hilcorp Energy Company. You are not alone. No excuse has satisfied the…more

Federal Court Decision Finding EPA has a Non-Discretionary Duty to Evaluate Employment Impacts under the Clean Air Act May Have Broader Application

An October 2016 federal court decision confirmed that, as a matter of law, the Environmental Protection Agency (EPA) has a non-discretionary duty to undertake an ongoing evaluation of job losses that may result from implementation or…more

STATE OF THE STATES – An Update On Intrastate Crowdfunding (October, 2016)

While I have kept both my statutory summary pages and comparative summaries relatively up to date, it has been quite a while since I have done an editorial update on Intrastate Crowdfunding. With the increased number of active…more

Electronic Visa Update System Affects Some People’s Republic of China Passport Holders

U.S. Customs and Border Protection (CBP) has announced that effective November 29, 2016 all People’s Republic of China passport holders carrying a 10-year visa are now required to enroll in the Electronic Visa Update System (EVUS) when…more

The SEC’s Universal Proxy Rulemaking: History & What to Expect

The SEC has announced it will consider proposed rules that permit the use of universal proxy cards in contested elections on October 26, 2016. The concept of a universal proxy has been on the periphery of the SEC’s rulemaking…more

Privacy Tip #57 – Do Those Chip Credit Cards Really Protect Me from Fraud?

There are a half a billion chip cards in the market right now. They have been touted to improve security and reduce credit card fraud. But do they? According to a new report, both Visa and MasterCard have reported that the chip…more

New Delaware Chapter 11 Filings – Key Energy Services, Inc., et al.

Key Energy Services, Inc., and three of its subsidiaries filed petitions for relief under chapter 11 in the Bankruptcy Court for the District of Delaware earlier this morning (Case No. 16-12306). According to the First Day…more

FTC Associate Director for Advertising Practices Elucidates the Commission’s Handling of Referrals From NAD

The advertising industry’s self-regulatory system may be “voluntary,” but ignoring NAD’s recommendations—or declining to participate when asked—buys advertisers a prompt referral to the Federal Trade Commission. NAD often touts its…more

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

A full-service business law firm, Womble Carlyle is a top law firm for companies doing business in the Southeast and Mid-Atlantic states. Founded in 1876, Womble Carlyle operates in six states and the…

[ About | Legal Updates ]