Latest Updates

DOJ Civil Rights Division Intensifies Efforts to Investigate Discrimination Against US Workers

On October 11, 2017, the Department of Justice's (DOJ) Civil Rights Division, Immigrant and Employee Rights Section (IER) and the Department of State's Bureau of Consular Affairs announced a partnership aimed at protecting US workers… more

Global Patent Prosecution Newsletter - October 2017

March-in Rights and Compulsory Licensing of Biopharmaceutical Inventions - Very few topics in international intellectual property have been as controversial as compulsory licensing. In the US, consumer groups have increasingly… more

Court permits strategic transfer of Center of Main Interests (COMI) in Chapter 15 Case

The bankruptcy court in In re Ocean Rig UDW Inc., 17-10736 (Bankr. S.D.N.Y. Aug. 24, 2017) determined that a decision by an offshore drilling company from the Republic of the Marshall Islands (RMI) to shift its Center of Main Interest… more

Another Bumpy Week for Equifax: Virus Hits Website, IRS Suspends Contract and Hacked UK Residents Notified

It was another chaotic week for Equifax Inc., still scrambling to stem the torrent of bad news after its massive data breach last month that has potentially affected more than half of the U.S.’s adult population… more

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State Laws

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State lawmakers… more

GDPR Countdown: Latham’s National Implementation Tracker

The EU General Data Protection Regulation (GDPR) will come into force in May 2018, changing how businesses and the public sector manage customer information. With seven months before the deadline, governments, supervisory authorities… more

Pharmacy Chain Not Required To Reasonably Accommodate Needle-Phobic Pharmacist

Trypanophobia—the fear of needles—played a significant role in a case brought against Rite Aid Pharmacy under the Americans with Disabilities Act (ADA). In Stevens v. Rite Aid Corp., the Second Circuit overturned a jury verdict… more

Toys “R” Us Files for Chapter 11

On September 18, 2017, the iconic US-based retailer Toys “R” Us filed for Chapter 11 in the US Bankruptcy Court for the Eastern District of Virginia in front of Judge Keith L. Phillips. The company filed twenty-five entities… more

New Partnership Audit Rules – Plan Ahead Before the Tax Bill Arrives

A new set of rules for partnership audits (New Audit Rules), which generally take effect January 2018, fundamentally alter the manner in which the Internal Revenue Service (IRS) will conduct audits of partnerships, multi-member LLCs… more

Expanding the Unconditional Right to Intervene: A Win for UCC’s

Expanding a split among circuit courts, the First Circuit recently set precedent promoting the unconditional right of creditors’ committees to participate in all aspects of bankruptcy cases. Reversing a lower court, in In Re: The… more

Preemption, Puffery Defenses Can’t Overcome Ginger Ale Suit

A California federal court judge rejected both puffery and preemption arguments when it denied Dr. Pepper Snapple Group’s motion to dismiss a putative class action challenging the labeling for its Canada Dry Ginger Ale… more

District Court Allows Mohawk Tribe to Join ANDA Litigation, Finds Patents at Issue Invalid

In something of an anticlimax, Federal Circuit Judge William Bryson, sitting by designation on the bench of the U.S. District Court for the Eastern District of Texas, granted Allergan's motion to join the St. Regis Mohawk Nation to… more

Illinois Revises Residential Mortgage License Act Provisions

The Illinois Department of Financial and Professional Regulation adopted rules to repeal and amend parts of the Residential Mortgage License Act, including, but not limited to..… more

Withdrawal of HIPAA Health Plan Proposed Rules

The U.S. Department of Health and Human Services (HHS) has withdrawn a HIPAA rule that would have required controlling health plans (CHPs) to demonstrate compliance with certain HIPAA standards. The proposed rule, published on Jan. 2… more

Sixth Circuit Court Agrees with Home Healthcare Employer’s Termination of Nurse

Seyfarth Synopsis: In this case a home-care nurse complained about the quality of care her patient received from the patient’s family members. Subsequent review and inspections by the company found some “serious problems” with the… more

Misunderstandings Among Owners Can Lead To Business Divorce Litigation

One of the most common reasons for a minority shareholder to file “business divorce litigation” is because that minority owner feels left out, pushed out, squeezed out – simply not part of the process in any significant way. Quite… more

California Statewide Ban-the-Box Law Signed By Governor

On October 14, 2017, Governor Jerry Brown signed Assembly Bill 1008, which will add a section to the California Fair Employment and Housing Act (FEHA) containing new state-wide restrictions on an employer’s ability to make pre-hire and… more

Court Permits St. Regis Mohawk Tribe to Join Restasis® Litigation, but Nixes Allergan’s Patents

Today, Judge Bryson, a Federal Circuit judge sitting by designation in the U.S. District Court for the Eastern District of Texas, Marshall Division, issued an Opinion and Order granting Allergan’s motion to join the St. Regis Mohawk… more

Europe: Blockchain – Practical and legal challenges

The increasing digitization of the private as well as economic realm is undeniable. The European Commission is constantly pushing the Digital Single Market forward. In the same breath as the ubiquitous phenomenon of digitalization… more

Significant WiFi vulnerability exposed

What is the problem? Belgian researchers have published information about a vulnerability in the most popular WiFi encryption protocol that makes monitoring of all communications possible, except those communications that are… more

Second Circuit Enforces Arbitration Agreement In Favor Or Non-Party Whose Agent Entered Into That Agreement

The Second Circuit has affirmed an order compelling a plaintiff-employee to arbitrate his employment related claims against Carnival Cruise Lines, despite the fact that the one page employment agreement that he signed did not contain… more

Trump Administration Proposes Delay to the New Disability Claims and Appeals Regulations

Under the Obama Administration, the Department of Labor (“DOL”) issued final regulations imposing new requirements on employers regarding their handling of claims and appeals filed on or after January 1, 2018 for disability benefits… more

Get your Single IRB lined up for Multi-Site Research

Changes to the federal regulations governing the protection of human subjects participating in research (known as the Common Rule) were amended earlier this year. The changes to the Common Rule impact research conducted, supported, or… more

Courts Appear to Be Losing Patience with ACA Int’l Stay Requests as One-Year Anniversary Looms

It is hard to believe, but this coming Thursday will mark the one-year anniversary of the oral argument in the big ACA, Int’l appeal of the FCC’s Omnibus Telephone Consumer Protection Act (“TCPA”) ruling. For the uninitiated, the… more

Justices to Hear DOJ Appeal on Microsoft Ruling: Is Email Stored Abroad Subject to a U.S. Warrant?

The Supreme Court is poised to finally answer the question that’s been plaguing federal courts across the country: must U.S. tech companies comply with warrants issued under the Stored Communications Act (“SCA”) that demand… more

What Crawled Out from Under That Rock- Negligent References and Reporting Issues

Many employers faced with an employment termination decision look for the simplest process for termination, one that causes the least hardship for the employee and mitigates the most litigation risk for the employer. Basically… more

Supreme Court Rejects Louis Vuitton’s Request for Appeal Against Parody Tote Bag Company

Louis Vuitton is no stranger to the court. For years, the luxury fashion label, headed by creative director, Nicolas Ghesquière, has battled high-profile cases over parody bags. Those cases have involved dog toys, Super Bowl car… more

New Wave Of Biometric Privacy Class Actions: Could You Be A Target?

While the privacy world is focused on the Equifax data breach, another development is taking place that could have a more lasting effect on privacy law. In the last month, plaintiffs’ lawyers in Illinois have filed over 20 lawsuits… more

Nevro Corp. v. Boston Scientific Corp. (N.D. Cal. 2017)

Duty to Disclose Does Not Include Duty to Respond to Examiner Confusion - Earlier this month, in Nevro Corp. v. Boston Scientific Corp., District Judge Vince Chhabria of the U.S. District Court for the Northern District of… more

Insuring your drone – What type and how much insurance is enough?

Drone insurance: does your company really need it? Yes, and here are some of the reasons why and tips to keep in mind… more

UPC and Germany: Status update - Constitutional complaint, ratification timeline and more

The constitutional complaint against the UPC ratification that was lodged with the Federal Constitutional Court in Germany earlier this year has received a lot of attention over the past few months as it could have the potential to… more

Cook County Retailers Cheer Repeal of Soda Tax That Spurred Class-Action Lawsuits

Cook County, Illinois has repealed its sweetened beverage tax, just two months after the unpopular ordinance was implemented. As we previously reported, Cook County was among a number of localities across the country to pass sugary… more

Communications With Auditors and Audit Committees May Change

The SEC has proposed for comment major revisions in the disclosures auditors are required to make in their reports on financial statements audited pursuant to Public Company Accounting Oversight Board (PCAOB) standards… more

White House Expands Exemptions to ACA Contraceptive Mandate

The Department of Health and Human Services (HHS) issued interim final rules on October 6, 2017, expanding exemptions to protect religious beliefs and moral convictions for certain entities and individuals whose health plans are… more

How do Personal Injury Attorneys Avoid Motor Vehicle Accidents?

Woodland Hills personal injury attorney Barry P. Goldberg knows that getting in an accident is a very unwanted inconvenience. Worse, an accident is very dangerous and can cost thousands of unwanted and unwelcome bills. After sitting… more

Twitter Considers Double-Length Tweets

What does Twitter’s doubling of the 140-character limit mean for advertisers? - The expansion of the microblogging site’s longtime limit to 280 characters is designed to encourage more tweeting, the company said. “Our research shows… more

What Kind Of California Corporation Must Include A Salary Limitation In Its Articles Or Bylaws?

I suspect that at least a few California corporate lawyers are unaware of a provision in the California Corporations Code requiring the articles or bylaws of certain corporations to contain a limitation on the salaries paid to the… more

More details on finance industry’s CFPB arbitration rule lawsuit

As promised previously, here are further details on the lawsuit filed by industry groups against the CFPB to overturn the final arbitration rule.  The complaint largely mirrors our heavy criticism of the rule… more

Think before you joke, so you do not litigate funny

Studies show that laughing boosts immunity, eases anxiety and stress, improves mood, decreases pain, and can even prevent heart disease. Socially, laughing strengthens relationships. In addition to the value of humor in our personal… more

Tax relief for victims of Hurricanes Harvey, Irma and Maria

The US federal government has taken a number of steps to ease the tax burden on individuals and businesses affected by damage from Hurricanes Harvey, Irma and Maria in Texas, Florida, Georgia, Puerto Rico and the US Virgin Islands… more

Eleventh Circuit Continues To Explore Definition Of Debt Collector

An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA. As many may recall, the Eleventh Circuit’s opinion in Davidson v… more

Your Daily Dose of Financial News

If Netflix is to be believed (and, you know, it is a public company), there’s a LOT more Stranger Things and House of Cards on the way... Turns out Nelson Peltz’s failed quest for a P&G board seat was crazy close. As in… more

ISO 37001: The Good, The Bad and the Ugly (Part II of V)

In Part II of my continuing series, I identify in broad strokes some of the more significant positive and negative aspects of ISO 37001. While it is easy to second-guess the ISO 37001 authors, there are some interesting issues that are… more

SCCE Compliance and Ethics Institute – Eugene Soltes and How Compliance Programs Works

The first full day of the SCCE 2017 Compliance and Ethics Institute (CEI) featured a talk by Eugene Soltes, an associate professor at Harvard Business School and author of “Why They Do It”. For this book Soltes spent over seven years… more

USCIS Denying Pending Advance Parole Applications

In a significant change to longstanding policy, U.S. Citizenship and Immigration Services (USCIS) recently began denying Advance Parole applications for abandonment when an applicant travels abroad while the application is pending. The… more

Food For Thought: Liability-Only Class Certification Denied For Claims That “No Sugar Added” Juice Labels Misled Consumers Into Thinking The Juice Had Fewer Calories

Plaintiff’s putative class action alleged that defendant Mott’s violated FDA regulations and California’s Sherman Law and Unfair Competition Law when it labeled and sold its 100 percent apple juice with the label “No Sugar Added,”… more

Avoid the headache: Stick to what you know

Over the past 7 years as a solo ERISA practitioner, I always get asked if that’s all I do. It’s not some kind of insult, but a question on whether I also do financial advisory work and/or third party administration work. The answer is… more

Restructuring and Insolvency Bulletin Issue 2 - 2017: Focus on schemes of arrangement: recent key judicial decisions

Schemes of arrangement remain a popular tool for companies to reach a compromise with their creditors and effect complex multi-jurisdictional restructurings. In this article, we highlight a number of recent judicial decisions which… more

Association Health Plans: What Are They & What’s Changing?

What are Association Health Plans? Association Health Plans allow small employers or self-employed individuals to group together to form a larger pool for offering health insurance. An Association Health Plan model can benefit these… more

Texas Court of Appeals Reverses T.G.I. Friday’s Label Decision

On Friday, October 13, 2017, a Texas Court of Appeals handed down the long-awaited decision in Texas Alcoholic Beverage Commission v. Mark Anthony Brewing, Inc., No. 03-16-00039-CV. The case involves Texas’ ban on private-label malt… more

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