Latest Updates

Microsoft: Supreme Court Decision on Jurisdiction over Foreign-Located Communications Anticipated

On October 16, 2017, the Supreme Court granted certiorari in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). In taking the case for review, the Supreme Court has signaled that it… more

Payday Debt Collector, Servicer Must Forgive $12M

Shortly before the Consumer Financial Protection Bureau (CFPB) issued its payday loan rule, the New York Department of Financial Services (DFS) announced a consent order with a payday loan servicer and debt collector totaling almost… more

Financial Times to "the Patent Troll Narrative" -- Much Ado About Nothing

On October 16, 2017, the Financial Times (London) published an article by Rana Foroohar entitled "Big Tech vs. Big Pharma: the battle over US patent protection." If the article can be encapsulated in a word, that word would be… more

Businesses That Fail to Protect Employees Face Legal Peril

It never fails – I tell someone that I am an employment law attorney and they ask “like discrimination and sexual harassment?” I say yes, and they respond, “but sexual harassment isn’t really a thing anymore, is it?”… more

US Department of State Releases November 2017 Visa Bulletin

EB-1 remains current, minimal advancement in other categories. The US Department of State has released its November 2017 Visa Bulletin, setting out per-country priority date cutoffs that regulate immigrant visa availability and the… more

Social Links: Russia’s threat to block Facebook; Google’s publisher-friendly move; a cease-and-desist letter worth emulating

As part of a new tracking system, the Department of Homeland Security will be keeping records of immigrants’ social media handles and search results. Russia to Facebook: Turn over user-information or risk being blocked… more

What a CEO Needs to Hear to Invest More in Compliance – Strategy

Does your organization invest in compliance, or just pay for it? This is not a rhetorical question. There’s a big difference between merely covering the expense of a program and investing in it. Investment decisions are strategic. They… more

Rule 68 Offers of Judgment - Proceed with Caution

If there is any occasion in civil litigation that calls for caution by counsel, it is the drafting of a Rule 68 offer of judgment, so warns the Fourth Circuit. Consistent with the general rule of contract construction, responsibility… more

An early Halloween trick for Connecticut's public-sector labor unions: Will Janus V. AFSCME, Co. 31 be the end of the agency shop?

Did Halloween come early this year? Well it just may have for Connecticut’s public-sector unions. On September 28th, the United States Supreme Court granted certiorari in Janus v. American Federation of State, County, and Municipal… more

Seventh Circuit Curtails RICO Application to Third-Party Payor Off-Label Suits

If you want to insult and annoy someone, consider suing them under the Racketeering Influenced and Corrupt Organizations Act, 18 U.S.C. section 1964. That law is charmingly known as RICO, in an allusion to the big bad in the great… more

Arkansas Asbestos Abatement Grant Program: Arkansas Department of Environmental Quality Seeks Public Comment on Procedures/Applicant Guide

The Arkansas Department of Environmental Quality (“ADEQ”) issued, pursuant to its Arkansas Asbestos Abatement Grant Program (“Program”), a Procedures and Applicant Guide (“Guide”). ADEQ is soliciting comments on the Guide through… more

EU & Competition Law Update – October 2017

When is a private company considered a public body and subject to the EU procurement rules? A recent European Court of Justice (“ECJ”) case has thrown up a novel legal issue which will be of interest to all public authorities which… more

Construction One-Minute Read: California Officials Put Additional Pressure on General Contractors to Prevent Wage Theft

General contractors’ top priorities on a construction project are completing the work on time, completing the work within budget, and guarding against future construction defect claims. New and pending laws in California, however, have… more

Windows 10 Fails to “Go Dutch” When it Comes to Protecting Privacy: Data Privacy Trends

According to Silicon (Windows 10 Data Collection Branded A Breach Of Dutch Privacy Law, written by Roland Moore-Colyer), the Dutch Data Protection Authority (DPA) has declared that Windows 10 breaches the data protection law in the… more

Governance & Securities Law Focus: Europe Edition, October 2017

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

Do you know the full extent of your contractual obligations (and can you meet them)?

In 125 OBS (Nominees 1) & Anor v. Lend Lease Construction (Europe) Ltd & Anor [2017] EWHC 25 (TCC), the court found the contractor liable for the highly publicised failure of glass panels at a prestigious building in London. The court… more

FTC’s “Stick With Security” #7: Apply Sound Security Practices When Developing New Products

On September 8, 2017, the FTC released its seventh “Stick with Security” principle, which offered guidance regarding how companies incorporate security by design to prevent or minimize threats in the following ways..… more

The Katten Kattwalk - Issue 14

Disputes Between Departing Member and Remnant Group - In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper owner of… more

As Recent Title IX Legislative Efforts Meet Resistance, Litigation Will Likely Increase

• California Gov. Jerry Brown vetoed the state legislature’s attempt to codify previously issued Title IX guidance. • A similar bill, introduced this month in the U.S. House of Representatives, has not yet received the bipartisan… more

Trump’s Third Travel Ban Blocked By Federal Court

For the third time this year, a federal district court has blocked a presidential travel ban from taking effect. Judge Derrick K. Watson, from the District of Hawaii, today granted a motion for a temporary restraining order that bars… more

NTSB Criticizes FAA Oversight of Commercial Balloon Operations

• In a National Transportation Safety Board (NTSB) board meeting concerning the crash of a hot air balloon after striking high-voltage power lines near Lockhart, Texas, the NTSB criticized the Federal Aviation Administration (FAA) for… more

How to Comply With California’s New Requirement to Provide Anti-Harassment Training on Gender Identity, Gender Expression, and Sexual Orientation

On October 15, 2017, Governor Brown signed Senate Bill 396, a new law that requires employers in California with 50 or more employees to provide training on policies that prohibit harassment based on gender identity, gender expression… more

U.S. Environmental Protection Agency Administrator E. Scott Pruitt Addresses Consent Decrees/Settlement Agreements: October 16th Memorandum and Directive

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued two documents dated October 16th addressing procedures involved in the resolution of litigation through consent decrees and settlement… more

FTC’s “Stick With Security” #6: Protect Remote Access To Your Network

On September 1, 2017, the FTC released its sixth “Stick with Security” principle, which highlighted the steps businesses can take to ensure that “outside entryways” into network systems are secure. Securing remote access to a network… more

New UK Regime for National Security and Infrastructure Investments

• The Department for Business, Energy and Industrial Strategy published a Green Paper consulting on amendments to UK merger control and public interest intervention legislation to cover gaps in the current framework for reviewing… more

Employers Helping Employees - Are Disaster Relief Payments and Loans Exempt From Puerto Rico Income Tax?

With the havoc wrought by Hurricane Maria in Puerto Rico, employers are exploring options to provide emergency relief to those employees who have encountered financial hardship to meet their necessities and repair their homes in the… more

Intas Launches Bevatas (bevacizumab) in India

Intas, an Indian pharmaceutical company based in Ahmedabad, has launched BEVATAS (bevacizumab), a biosimilar to Roche’s AVASTIN, in India. Bevacizumab is used to treat colorectal cancer, ovarian cancer, cervical cancer, lung cancer and… more

New York City Ban on Salary History Inquiries Set to Take Effect October 31

Effective October 31, employers operating or recruiting in New York City will no longer be permitted to seek information regarding the compensation history of their job candidates. Under an amendment to the New York City Human Rights… more

Corporate Actors Held Individually Accountable in Recent False Claims Act Settlement

The Department of Justice (“DOJ”) has sent a clear message that individuals cannot hide behind the corporate shield in its recent settlement with Med-Fast Pharmacy, Inc. and the charges brought against its associated individuals and… more

Kentucky's Electronic Recordkeeping Rule Is In Effect!

The December 1 compliance date for federal OSHA’s new electronic recordkeeping portion of the new recordkeeping regulation is fast approaching. Known as “Improve Tracking of Workplace Injuries and Illnesses,” the new federal OSHA rule… more

Transportation Company Policies & Procedures for Retention of Electronic Control Module Data

On September 11, 2017, the U.S. District Court, Northern District of Alabama issued an opinion in Barry v. Big M Transp., Inc., Case No. 16-CV-00167, that addresses when, and what type of, sanctions are warranted when a transportation… more

ALJ Finds Violation in Mobile Device Holders Investigation

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count toward the… more

2017 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare

As 2017 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are presenting our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 will cover year-end… more

CFIUS, POTUS Block Chinese Acquisition of U.S. Semi-conductor Maker

More Acquisitions May Be Blocked in the Future - Last month, asserting national security concerns, President Trump blocked a $1.3 billion acquisition of Oregon-based Lattice Semiconductor by a subsidiary of the Canyon Bridge Fund… more

Consider Whether the Promise of a Bird in the Hand is Better Than Two in the Bush

When drafting settlement agreements, most lawyers give due attention to the scope of any release clause. And for good reason: for defendants, the extent to which the release protects against future litigation is critical, and for… more

TPP-11 Moving Forward

Steven Okun, Governor and Chair of the TPP Task Force of the American Chamber of Commerce in Singapore ("AmCham") and Senior Advisor to McLarty Associates, discusses with Jones Day partner Darren Murphy the progress of the TPP… more

IRS Eliminates Signatures on Section 754 Elections, Offering Tax Regulatory Reform Preview (and its Complexity?)

In a notice of proposed rulemaking issued on October 11, 2017 (the “NPRM”), the U.S. Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) proposed an amendment to existing regulations (the “Proposed… more

SEC Proposes Amendments to Modernize and Simplify Regulation S-K

On October 11, 2017, the U.S. Securities and Exchange Commission (SEC) voted to adopt proposed amendments to Regulation S-K that are intended to modernize and simplify certain disclosure requirements and related rules and forms. Below… more

Breaking: Republican Commissioner Mohorovic Departing the CPSC; Acting Chairman Buerkle Now Sole Republican in 3-1 Democratic Majority at CPSC

This morning at the CPSC’s public hearing Commissioner Joe Mohorovic announced that he would be resigning from his position as a Commissioner, effective Friday, October 20th. Mohorovic announced that he would be joining the law firm… more

Dealing with Competing Class Actions, Part Two – Venue Transfer and MDL Consolidation

Part two of our series on competing class actions will address strategies intended to “corral” multiple cases: venue transfer under the federal forum non conveniens statute, and seeking multidistrict litigation (MDL) consolidation… more

California Expands Harassment Training Requirements

On October 15, 2017, Governor Brown signed Senate Bill (SB) 396 into law. California employers with 50 or more employees currently must provide two hours of sexual harassment training for supervisors every two years. This legislation… more

SEC Charges Rio Tinto, Executives With Fraud

The Commission charged mining giant Rio Tinto Plc, its subsidiary Rio Tinto Limited, and two of its executives, former CEO Thomas Albanese and former CFO Guy Elliott, with fraud. The case centers on the acquisition of a coal property… more

Canadian Securities Administrators and stock exchanges provide guidance on reporting issuers with US cannabis activities

On October 16, 2017, the Canadian Securities Administrators (the CSA) published CSA Staff Notice 51-352 Issuers with Marijuana-Related Activities (the CSA Notice) clarifying the CSA's disclosure expectations for issuers carrying on… more

Money Talks

Determining the Proper Average Weekly Wage Calculations to Use - This claim arose from an occupational shoulder injury claim made by a violist in December of 2013. The claim was accepted and the only contested issue was the proper… more

Federal Circuit Clarifies Petitioner in AIA Reviews has Burden to Prove Unpatentability for Amended Claims

On October 4, 2017, the Federal Circuit provided some relief to patent owners by holding that petitioners seeking to cancel patent claims through inter partes review proceedings (“IPRs”) under the Leahy-Smith America Invents Act… more

Foreign Companies' Victories in Chinese Courts Support Forum Non Conveniens Motions in U.S. Courts

The Situation: A series of recent intellectual property case victories by foreign plaintiffs against Chinese companies in Chinese courts has relevance for the forum non conveniens doctrine as a critical defense motion in U.S. courts… more

The Future is Freelance

Yesterday, Upwork and the Freelancers Union published the results of Freelancing in America: 2017, a comprehensive annual measure of the U.S. independent workforce. The report’s findings are wide-ranging, from the number of people who… more

Looking Ahead: Election Season 2018

In 2018, Tennesseans will take to the ballot box to elect a new U.S. senator, three new members of the U.S. House of Representatives, a new governor, at least five new state senators and over a dozen new state representatives. Although… more

Cam Newton’s Slip of the Tongue Is a Timely Lesson on Discrimination in the Workplace

Carolina Panthers Quarterback Cam Newton got a swift lesson in workplace civility recently, and we can all learn from the experience. When sportswriter Jourdan Rodrigue asked Newton a question about the routes, or patterns, run by one… more

Court Compels Discovery, Awards Sanctions In Dispute Over Whether Reinsurance Arbitration Clause Applies

In 2011, Top’s Personnel entered into a reinsurance agreement with Applied Underwriters Captive Risk Assurance Company (“AUCRA”), and several years later executed a promissory note (“the Note”) in favor of a related entity, Applied… more

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In 1974, three of Portland's best known business lawyers, Moe Tonkon, Morris Galen and Fred Torp came together to create a new, nine lawyer firm. Today Tonkon Torp is one of the largest firms…

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