Latest Updates

Worker Classification Update

On July 20, 2017, the Internal Revenue Service ("IRS") issued a reminder for small businesses on the importance of correctly classifying workers as employees or independent contractors. Employers failing to do this correctly may face… more

First Amendment Protects Right to Record Police Activity, Third Circuit Holds

The Third Circuit recently joined the growing consensus of courts recognizing that the First Amendment protects the act of recording police officers conducting their official duties in public. In Fields v. City of Philadelphia, — F.3d… more

USCIS Will Resume Premium Processing for Certain H-1B Petitions

On July 24, U.S. Citizenship and Immigration Services announced that it would resume premium processing for certain cap-exempt H-1B petitions effective immediately. Premium processing for H-1B petitions had been suspended in mid-March… more

[Video]Day 17 of One Month to More Effective Internal Controls-COSO Objective III: Control Activities

In its Framework Volume, COSO Control Activities “are the actions established through policies and procedures that help ensure that management’s directives to mitigate risks to the achievement of objectives are carried out. Control… more

Standstill agreements: difference between suspension or extension

Parties often enter into standstill agreements when approaching the expiry of a limitation period. This case shows the difference between suspending time and extending time for the purposes of limitation in a standstill agreement. As… more

Trending: Website Accessibility Lawsuits Under Americans With Disabilities Act On The Rise

For years, lawsuits under Title III of the Americans with Disabilities Act concerning places of public accommodation were confined to brick-and-mortar physical barriers, such has steps, excessive slopes in parking lots, and routes that… more

[Video]Compliance into the Weeds-Espiode 47

In this episode, Matt Kelly and I discuss SOX and Dodd-Frank reform efforts involving compliance… more

Acting OCC Comptroller Provides Update on Granting Special Purpose National Bank Charters to Fintech Companies

As previously reported, the Office of the Comptroller of the Currency (OCC) recently decided to consider applications from financial technology (fintech) companies to become special purpose national banks (SPNBs). In our May webinar… more

Commissioner O’Rielly Again Targets Pirate Broadcasters and Their Supporters to Walk the Enforcement Plank

Commissioner Michael O’Reilly called for stronger enforcement action to combat unauthorized “pirate” radio broadcasters in a statement before the Communications and Technology Subcommittee of the House Energy and Commerce Committee on… more

Workplace Analytics: What Does The Law Say?

Hopefully by now you have recognized the benefits of workplace analytics and are becoming more comfortable understanding any associated risk. Does the law provide any guidance? As we discussed in a prior blog entry, some government… more

Record-Setting Prosecutions in the Money Transmitting Business: Ways to Avoid Compliance Violations

In the first several months of 2017, we have seen significant anti-money laundering settlements and penalties in the money transmitting business arising from lax compliance programs, including the record-setting Western Union… more

Settling claims with one joint tortfeasor

Settlement with one tortfeasor resulted in claims against another tortfeasor being released too, which was not what the claimant had intended. In this regard, the Court of Appeal highlighted the distinction between a settlement with a… more

Licensing Third Party Software for Use in Federal Contracts

In the IT sector, it is common for contractors with relationships to various federal agencies to have top-tier talent in-house to provide high quality IT services. Some vendors even have programmers and software engineers in-house to… more

Certification Of Alleged Misclassified Bakery Distributors Denied Due To Predominance Of Individualized Issues

Class certification would have been granted in Soares v. Flowers Foods, Inc., 3:15-cv-04918 (N.D. Cal., June 28, 2017), but for the allegedly misclassified independent contractors’ decision to deliver, or not deliver, the goods… more

Bob Gaudio Tells Spotify To Walk Like A Man

Spotify, the world’s largest music streaming service, was sued last week for over $366 million by two music publishers, Bluewater Music Services in Nashville and a group of companies affiliated with Bob Gaudio, the award-winning… more

Blowing the Whistle: Employers Must Properly Respond to Employee Allegations of Wrongdoing

The Occupational Safety and Health Administration’s ("OSHA") Whistleblower Protection Program enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various federal laws. Examples of the… more

Expert witnesses in accounting disputes

At a time of increasing disputes involving accounting evidence, this case debunks a number of assumptions about the approach taken by both HMRC and the First-tier Tribunal. HMRC do not always instruct their own employees as their… more

Palin v. The New York Times Co.: Newspaper Mounts Robust Defense to Defamation Lawsuit

The New York Times is defending itself against a defamation lawsuit brought by former Alaska Governor and Republican vice presidential candidate Sarah Palin, as the newspaper asserted in a recent motion to dismiss that the statements… more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES A. Wardak v. Froom, 2017 ONSC 1166, per Matheson, J. [4227]

II. LIABILITY ISSUES - A. The Ontario Superior Court of Justice refused to grant summary dismissal in a social host liquor liability case where the adult defendants supervised their son’s party, involving underage drinking… more

The New Prospectus Regulation

Changes to Disclosure Requirements for Debt Capital Markets Transactions - On 20 July 2017 after its publication in the Official Journal on 30 June 2017, the new Prospectus Regulation ("PR3") entered into force. PR3 provisions will… more

Delaware Code Amendments Increase Franchise Taxes for Corporations

Delaware Gov. John Carney recently signed into law amendments to the Delaware Code altering certain fees and franchise taxes charged by the Delaware secretary of state. The most significant of these amendments raises the annual… more

Gavel to Gavel: Preventing data breaches

The risk data breaches and cyberattacks pose to small businesses cannot be overstated. Roughly half experienced a breach within the past year at an average cost of $665,000 and immeasurable lost revenue. Worse yet, approximately 60… more

Are You Measuring Your Training Effectiveness … Effectively?

Compliance breakdowns are in the headlines and on every manager’s mind these days. Organizations help manage the risk of becoming the next headline by creating a robust and effective compliance program – and training is a critical part… more

What the *TM*?!?! The Disparagement Clause has been Bleeped.

Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of fashion and beauty products… more

PTAB Life Sciences Report - July 2017 #3

About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Pfizer, Inc. v. Biogen, Inc. PTAB Petition: IPR2017-01115; filed March 24, 2017… more

Massachusetts High Court Rules That State Law Does Not Authorize Officials to Honor ICE Detainers

On July 24, 2017, in the case Lunn v. Commonwealth, the Massachusetts Supreme Judicial Court (“SJC”) ruled that state and local officials are not authorized to arrest immigrants based on civil immigration detainers issued by U.S… more

Enforcement of Russian Judgement: OJSC Bank of Moscow v. Chernyakov & Ors [2016 EWHC 2583]

When the notorious Willy Sutton was asked why he robbed banks, he is said to have replied: “because that is where the money is.” In the same way, after obtaining a judgment against a defendant, a successful claimant has to enforce… more

Saudi Arabia's Transformational Privatization Plans

The leadership of Saudi Arabia (the “KSA”) has embarked on a bold transformation strategy to revitalize KSA’s economy and to position it for the demographic and economic challenges that lie ahead. The flagship transaction for the… more

Governance & Securities Law Focus: Asia Edition - July 2017

In this newsletter, we provide a snapshot of the principal Asian, US, European and selected international governance and securities law developments of interest to Asian corporates and financial institutions. Please see full… more

Sustainable Investment Products

Green Bonds and Social Impact Bonds are examples of sustainable investment products. These investments are issued with a particular sustainable purpose in mind… more

France Introduces New Legal Regime for Security Agents in Debt Financings

Syndicated financings with French security will likely adopt the new regime for security agent appointment once it takes effect on 1 October 2017. Key Points... Please see full Alert below for more information… more

United States v. Allen and the Taint of Compelled Testimony in Cross-Border Enforcement Actions

In a decision likely to cause global reverberations in the realm of cross-border enforcement, the US Court of Appeals for the Second Circuit has vacated the convictions and indictment in the first US criminal appeal related to the… more

Sale of Fractional Aircraft Shares Not Taxable Under New York Law

New York’s Department of Taxation and Finance recently released an Advisory Opinion concluding that the sale of fractional aircraft shares are not taxable under state law. New York tax law imposes sales and use tax on retail sales of… more

Cybersecurity: When Social Engineering Fraud is Not Covered Under Your Insurance Policy

We live in an age of escalating cybersecurity threats. Many intrusion threats are social engineering attacks, which seek to gain entry to an organization's computer systems via its personnel and not a hack to the computer systems… more

Issues to "Bee" Determined: Federal Court Dismisses Preliminary Motions

Whether or not the decisions by the Pest Management Regulatory Agency (PMRA) to successively register neonicotinoid products on a conditional basis constitute a "continuous course of conduct", and whether or not the PMRA offers… more

University Business Collaborations Bridging the Gap

Historically, our understanding of University Business Collaborations (UBC) is based on the role of barriers in the development of cooperation. During the June 2017 University Industry Innovation Network (UIIN) annual meeting, various… more

FINRA and the MSRB Issue FAQs on Bond Mark-Up Disclosure

On July 12, 2017, the Financial Industry Regulatory Authority (FINRA) and the Municipal Securities Rulemaking Board (MSRB) published new implementation guidance on the bond mark-up disclosure requirements set to take effect next… more

At A Glance: De-Identification, Anonymization, and Pseudonymization under the GDPR

De-identification of data refers to the process used to prevent personal identifiers—both direct and indirect—from being connected with information. The EU General Data Protection Regulation (“GDPR”), which will replace the Data… more

Connecticut State Department of Education Releases Lists of Due Process Hearing Officer and Mediators and New Process for Mediations

After an extensive interview and hiring process, the Connecticut State Department of Education (“CSDE”), Bureau of Special Education, released last week the list of new mediators and current due process hearing officers. The hiring of… more

No Idle Matter — D.C. Circuit Holds that State’s Attempt to Regulate Locomotive Noise is Preempted by ICA and ICCTA

States and municipalities commonly attempt to curb or eliminate noise generated by locomotives and rail cars as they pass through their jurisdictions. A recent attempt by the state of Delaware to shut down idling locomotives was… more

Wisconsin Appellate Court Holds Management Policy Does Not Negate At-Will Employment Relationship

At-will employment is the default rule in Wisconsin. Employers may terminate for any reason or no reason at all. However, that relationship can be overridden by contract, in some cases inadvertently, through employee policies and… more

Recent Case Highlights Considerations for Working with Media Consultants During a Crisis

A Pennsylvania Superior Court decision declining to extend attorney-client privilege to media consultants illustrates best practices for how a company should manage communications with outside consultants during a crisis scenario… more

Allocation Governed by “All Sums” Where Policy Contains “Prior Insurance” or “Non-Cumulation” Clause

On July 18, 2017, the U.S. Court of Appeals for the Second Circuit adopted the New York Court of Appeals’ previous holding that the “all sums” provision in the insuring agreement permits an insured to access the limits of all policies… more

Mandatory Arbitration of Securities Disclosure Disputes Is a Bad Idea—For Defendants

SEC Commissioner Michael Piwowar recently said that the SEC is open to allowing companies that are going public to provide for mandatory shareholder arbitration in their corporate charters. Piwowar’s remarks have prompted a firestorm… more

Trump’s Cuba Policy Could Impact U.S. Agriculture and Other Exports

For American farmers and businesses hoping a pro-business administration would foster increased access to the burgeoning Cuban market, the new trade restrictions announced on June 16 may be a disappointment… more

[Video]How to Make It Easy for Clients to Engage With Your Writing Right Away - Content Quick Tip

We're all writing for an online audience - but we don't all write anticipating the behavior of online readers. Here's Adrian Lurssen's latest 60-second video tip on how to present your writing to engage readers right away and make… more

US Supreme Court Denies Motion to Clarify Scope of Prior ‘Travel Ban’ Decision

The Court’s decision leaves in place the relevant parts of a July 13 decision by a federal district judge in Hawaii finding the administration’s interpretation of “bona fide relationship with a person or entity in the United States” to… more

Proposed Rule Would Slash Medicare Payment for 340B Drugs

The Centers for Medicare and Medicaid Services (CMS) has proposed reducing the Medicare payment rate to hospitals for most separately payable drugs purchased under the 340B program from average sales price (ASP) plus six percent to ASP… more

Key Consideration for In-House Counsel: Reviewing Domestic Law Against International Human Rights Standards

In reviewing your current operating locations, do you know the extent to which domestic law is protective of human rights? Is there a disconnect between your company’s stated commitment to respect human rights and the due diligence… more

Defendant Not Sanctioned Despite Use of Evidence Wiping Software: eDiscovery Case Week

In HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD (N.D. Ga., Jan. 30, 2017), Georgia District Judge William S. Duffey, Jr. denied the plaintiff’s motion for adverse inference sanctions despite evidence that the defendant had… more

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