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

Latest Updates

“Going and Coming” Rule Applied for Commute from Paid Hotel to Jobsite

Woodland Hills Personal Injury Attorney Barry P. Goldberg is always looking for sources of additional recovery in all serious motor vehicle accident cases because most negligent drivers simply do not carry enough liability insurance…more

Up, Up and Away: Another Proposed Increase to the Salary Threshold For Exempt Employees In New York

Just weeks before the United Stated Department of Labor (USDOL) regulations are set to increase the salary threshold for exempt employees throughout the country, the New York State Department of Labor is proposing an even higher…more

US Commodity Futures Trading Commission Signs Memorandum of Understanding with UK Financial Conduct Authority to Improve Supervision of Cross-Border Regulated Firms

The CFTC announced that CFTC Chairman Timothy Massad and Andrew Bailey, Chief Executive of the FCA, signed a Memorandum of Understanding (MOU) regarding cooperation and the exchange of information in the supervision and oversight of…more

Medical care extremes: cost cutting in the Carolinas, gouging in Florida

Hospitals and health systems are making stark choices between offering models to assist their communities and reduce medical costs-or raking in profits, no matter how outrageous and shame-provoking their charges might be. Evidence of…more

Blog: SEC Proposes Use Of “Universal Proxy” In Election Contests And Adopts Changes To Rule 147 And Reg D

At an open meeting this morning, the SEC voted, by a vote of two to one, to propose amendments to the proxy rules that mandate the use of universal proxy cards in contested elections and relate to disclosure about voting options and…more

Investment Management Update - October 2016

Investment Adviser AXA Wins Excessive Fee Trial - A federal judge in New Jersey has ruled in favor of AXA Equitable Life Insurance Company (AXA Equitable) and its wholly owned subsidiary, AXA Equitable Funds Management Group, LLC…more

IRS Provides Guidance on Reasonable Mortality Charges for Life Insurance Contracts Based on 2017 CSO Tables

On October 19, the Internal Revenue Service (IRS) issued an advance version of Notice 2016-63, addressing the “reasonable mortality charge” requirement under IRC §§ 7702 and 7702A for life insurance contracts based on the 2017…more

FDA Launches New Webpage to Report Regulatory Misconduct

Earlier this week, the FDA launched a new webpage to simplify the process of reporting violations of the law by medical device manufacturers and individuals marketing medical devices. Unlike the MedWatch system for reporting adverse…more

Politics in the Workplace: A State-by-State Guide to Help Employers Survive the Presidential Election

The 2016 U.S. presidential election has the potential to be one of the most controversial and troublesome elections in U.S. history. There is a broad spectrum of issues employers can anticipate as a result of employees’ political…more

Struggling to Produce: Heirs to Claimed Royalty Interest Acquired in Late 1800s in 9,200-acre Tract in Texas Fail to Pass Procedural Hurdles to Asserting Their Claims for Superior Title and Unpaid Royalties Against Multiple Oil and Gas Companies

On Monday, Oct. 10, 2016, dozens of claimed heirs to a one-half mineral interest allegedly obtained in the late 1800s in a 9,200-acre tract of land in Brooks County, Texas, filed a Petition for Review with the Texas Supreme Court…more

Illinois Courts: Fixed Indexed Annuities Are Not Securities

In 2009, the Securities and Exchange Commission (SEC) attempted to regulate fixed indexed annuities (FIAs) as securities by issuing Rule 151A. Previously, FIAs were treated as exempt insurance products. After the D.C. Circuit vacated…more

Workplace Drug Testing and New OSHA Regulations

Every employer has a drug testing policy – even if that policy is to not test its employees or prospects. Performing drug testing on current or prospective employees requires specific criteria, and proper handling of the testing, in…more

DOJ and FTC Issue Antitrust Guidance for Human Resource Professionals

Everyone knows that price-fixing among sellers of competing products is illegal, but price-fixing by buyers can also violate the antitrust laws. That is true even in the market for buying services of employees, regardless of whether…more

Rolling Stone Rolls With Early Favorable Rulings

Rolling Stone is not the first media outlet to defend itself in a multi-million dollar trial this year. Gawker Media was recently hit with a $140 million judgment resulting from a suit by Terry Bollea (a.k.a. Hulk Hogan) for invasion…more

Criminal Law - Finance

Banks and financial institutions are a part of everyone’s life. The financial relationship between a person and his bank is government by documents and agreements. In the event of loans, especially mortgages, this relationship is…more

Seventh Circuit to Re-Hear Case Determining Whether Sexual Orientation Discrimination is Covered By Title VII

Seyfarth Synopsis: A Seventh Circuit panel’s ruling that Title VII does not cover claims of sexual orientation discrimination will be heard en banc by the Circuit. Whether an en banc ruling affirms or reverses the panel’s decision, it…more

Landmark Decision Issued by the Italian Supreme Court in the Automotive Sector

A resounding judicial victory was scored in Italy this fall by Bryan Cave’s affiliated office (“SILS”) on behalf of the Volkswagen Group. The Supreme Court of Italy (“Corte di Cassazione”) rejected all claims brought against VW by…more

The ERISA Litigation Newsletter - October 2016

Editor's Overview - This month, we look at the implications of the two federal district court cases from California that applied the ban on discretionary clauses typically found in ERISA plans to self-insured plans. The decisions…more

Sign of the Times: EEOC Settles Case of Employer Failing to Provide ASL Interpreter for Job Interview

A deaf person applies for a job and the employee who takes applications asks you “how can a deaf person do this job?” What if an essential function of the job requires interaction with the public or the ability to communicate with team…more

Why The Election Can’t Be Hacked: Internet Of Things Edition.

In our consulting days, a former boss – a retired Army Colonel – enjoyed sharing his Cold War recommendation for protecting sensitive documents from the KGB: fill up a fleet of tractor-trailers with every U.S. government document, and…more

Method Requiring Physical Action not Claiming an Abstract Idea

Green Mountain Glass (Green Mountain) filed a patent infringement lawsuit of patent 6,230,521 against Saint-Gobain Containers, Inc., d/b/a Verallia North America, known as Ardagh Glass Inc. (“Ardagh”). The court denied a summary motion…more

US Federal Reserve Board Governor Delivers Remarks on Distributed Ledger Technology

As part of remarks delivered at an Institute of International Finance panel on blockchain, US Federal Reserve Board Governor Lael Brainard addressed distributed ledger technology, noting that this technology may represent the most…more

FCA Publishes "New" Mission Statement

On 26 October 2016, the FCA published a Mission Statement titled “Our Future Mission”. The aim of the publication is to “establish a set of guiding principles” that explain how the FCA pursues its strategic and operational objectives…more

Ukraine: New laws regarding enforcement proceedings gradually come into force (Ukrainian)

In summer 2016, the Ukrainian Parliament adopted the new Law of Ukraine “On Enforcement Proceedings” and the Law of Ukraine “On State Bodies and Persons who Carry Out Enforcement of Court Judgments and Decisions of other State Bodies”…more

Ukraine: New laws regarding enforcement proceedings gradually come into force

In summer 2016, the Ukrainian Parliament adopted the new Law of Ukraine “On Enforcement Proceedings” and the Law of Ukraine “On State Bodies and Persons who Carry Out Enforcement of Court Judgments and Decisions of other State Bodies”…more

Healthcare & Life Sciences Private Equity Deal Tracker: Linden Capital Acquires ProPharma Group, Merical

Linden Capital Partners announced earlier this month that it acquired ProPharma Group and, in a separate transaction, acquired Merical. Linden, based in Chicago, seeks control equity in middle-market companies. A leading private…more

Another Party Enters ACA Enforcement and HIPAA Privacy and Security Enforcement Expands

OSHA Joins the ACA Enforcement Regime - Effective on and after October 13, 2016, employers need to watch their mail from the Occupational Safety and Health Administration (“OSHA”) for notices related to ACA retaliation claims…more

FINRA Submits Proposed Rules to the SEC to Address Financial Exploitation of Seniors

Last Thursday, the Financial Industry Regulatory Authority (“FINRA”) submitted proposed rules to the United States Securities and Exchange Commission (“SEC”) designed to address “financial exploitation of seniors and other vulnerable…more

FDA to Issue Draft Guidance on Interchangeability by End of Year

Last Thursday, October 20, the FDA held a scheduled public meeting on the reauthorization of the Biosimilar User Fee Act (BsUFA). The FDA heard from a wide spectrum of stakeholders, including patient/public health advocates…more

FCC Broadband Privacy Part I: The FCC’s Ascension as a Privacy Regulator

Tomorrow, October 27, the Federal Communications Commission (FCC) is scheduled to vote on new privacy rules for internet service providers (ISP) that will have a lasting impact on U.S. privacy regulation. In this special Series, DWT…more

Ransomeware: To Pay or Not to Pay

Ransomware poses one of information security’s biggest threats, right alongside infamous data breaches and high-profile Distributed Denial of Service (DDoS) attacks. Ransomware. It’s a data security buzzword that has caught on…more

Stakeholders Call for Passage of Occupational Health Bill

Stakeholders in Nigeria’s health and judiciary sectors have requested that the National Assembly pass the Occupational Safety Health Bill into law. It is estimated that, in Nigeria, over 25,000 people die from work-related injuries…more

A Call-to-Action: Obama Administration Encourages States to Ban Noncompetes for Low-Wage Workers and Certain Other Employees

On October 25, 2016, the Obama administration released a fact sheet announcing the steps that the White House is taking to “enhance competition to benefit consumers, workers, and entrepreneurs.” The administration’s actions come in…more

DC Circuit Hears TCPA Oral Arguments

Oral arguments were recently held before the U.S. Court of Appeals District of Columbia Circuit in a consolidated case, spearheaded by ACA International, challenging the Federal Communications Commission's (FCC) recent order and…more

DOJ Publishes Guidance Encouraging Voluntary Self-Disclosures, Full Cooperation and Timely and Appropriate Remediation

On Oct. 2, 2016, the U.S. Department of Justice (DOJ), National Security Division (NSD) published Guidance setting forth its policy of encouraging business organizations to voluntarily self-disclose criminal violations of statutes…more

New SEC Rules for Intrastate and Regional Securities Offerings

The SEC has adopted final rules to modernize intrastate securities offerings under Rule 147, adopted new Rule 147A to broaden the availability of the existing safe harbor for intrastate securities offerings and amended Rule 504 of…more

SIFMA Sends Comment Letters to FHFA on Credit Risk Transfer

SIFMA, along with the Association of Mortgage Investors and the National Association of Real Estate Investment Trusts, and separately along with the ABA, AMI, HPC, MBA, and SFIG, submitted comment letters to the FHFA in response to the…more

SEC Exhibit Hyperlink Proposal Excludes Investment Companies

The Securities and Exchange Commission (SEC) has proposed that filings on Securities Act registration form types beginning with “S-” and “F-”, or on the basic Securities Exchange Act reporting forms, provide hyperlinks to exhibits…more

Blog: Solvency II: the PRA on monitoring model drift & standard formula reporting for internal model firms

The UK’s Prudential Regulation Authority has published a brief Supervisory Statement, “SS15/16 Solvency II: Monitoring model drift and standard formula SCR reporting for firms with an approved internal model“. The PRA has long…more

A New Financial Consumer Framework – Does this Change Everything?

On October 25, 2016, Bill C-29, Budget Implementation Act, 2016, No. 2, received first reading. Division 5 of Bill C-29 will, if passed, consolidate the consumer provisions under the Bank Act. This is a result of successive…more

Yes, We Can (Order a Country to Suspend Criminal Prosecution and Extradition): Hydro v. Albania Redux

An update, if not an epilogue, to the Hydro v. Albania saga. As described in our prior post, the ICSID arbitration tribunal in that case had imposed interim measures directing the Albanian government to suspend its prosecution of two…more

SEC Proposed Rules on Universal Proxy Cards

At an open meeting held today, the Securities and Exchange Commission (SEC) voted 2 to 1 to propose amendments to the proxy rules relating to the use of universal proxy cards and require provision of additional voting options and…more

OSHA Postpones Enforcement of New Retaliation Provisions

The retaliation provisions of OSHA’s new “Improve Tracking of Workplace Injuries and Illnesses” rule are now scheduled to take effect on Dec. 1, 2016. OSHA states that the purpose of the rule is to intensify anti-retaliation…more

Ninth Circuit Affirms Denial Of Motion To Compel Arbitration For Lack Of Federal Jurisdiction

The Ninth Circuit affirmed a district court’s dismissal of a plaintiff’s RICO claim, and thus found the district court lacked independent federal jurisdiction to compel arbitration of the dispute under the Federal Arbitration Act…more

CFPB Mortgage Servicing Rules Published

With the Oct. 19. publication of the Consumer Financial Protection Bureau’s (CFPB) mortgage servicing rules in the Federal Register, the 12-month clock has started for lenders and servicers to implement most of the broad-range rules…more

Plaintiff Must Cooperate on Search Terms, Says Court: eDiscovery Case Law

In Pyle v. Selective Insurance Company of America, No. 2:16-cv-335 (W.D. Pa. Sept. 30, 2016), Pennsylvania Senior District Judge Terrence F. McVerry granted the defendant’s Motion to Compel Plaintiff to Provide ESI Search Terms…more

Deposition Horrors!

By Suzanne Quinson Image from Halloween is fast approaching, meaning zany costumes, yummy treats, Linus awaiting the Great Pumpkin, and horror stories! All attorneys, paralegals, and court reporters have a few of these. Read…more

Countries at a Glance: Australia - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - Employees may have rights to additional vesting or other benefits under the Plan in cases of involuntary termination. To reduce…more

Florida Supreme Court Rules Incorrect Denial of Insurance Benefits Can Trigger Award of Attorneys’ Fees to Insured

On September 29, 2016, the Florida Supreme Court held, in Johnson v. Omega Insurance Company (No. SC14-2124), that a homeowner is entitled to an award of attorneys’ fees after an improper denial of insurance benefits. The homeowner…more

The Crime-Fraud Exception Can Apply to Innocent Lawyers' Communications

The crime-fraud exception can strip away privilege protection from communications in which lawyers further their clients' future wrongful conduct. Under the majority approach, the adversary must (1) first meet a fairly low threshold…more

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

At Lawyer Metrics, we design and build evidence-based systems to select, develop and retrain world-class lawyers and counselors. Our principals are leading experts in industrial and organizational…

[ About | Legal Updates ]