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Strategies for EEO Compliance: Focus on Leadership, Not Compliance

We observed last year that the legal industry is no more immune to the holdovers of sexism than any other profession. As we noted, in a step toward stemming this problem, the American Bar Association has passed a new model rule for…more

CFPB Begins Mortgage Rule Check-In

The five-year anniversary of some of the major financial regulations passed by the Consumer Financial Protection Bureau (CFPB) is coming up in January 2018, meaning that they will soon undergo a review to check on their effectiveness…more

Italy Implements Directive Requiring Non-Financial Disclosures for Large European Undertakings

Large public-interest companies and parent companies must disclose several types of non-financial information — for the benefit of both investors and consumers — or face monetary penalties. Directive 2014/95/EU of October 22, 2014…more

Trump’s Nominee for FDA Commissioner Likely Dooms Generic Drug Labeling Rule

President Trump recently announced his intent to nominate a new commissioner of the U.S. Food and Drug Administration (FDA), likely sealing the fate of FDA’s proposed generic drug labeling rule. The proposed rule would give generic…more

Banking Agencies Issue Joint Report to Congress Under the Economic Growth and Regulatory Paperwork Reduction Act of 1996

On March 21, 2017, the Office of the Comptroller of the Currency (OCC) announced that the Federal Financial Institutions Examination Council (“FFIEC“) issued a “EGRPRA Joint Report to Congress,” which details a review of rules…more

UK Government fires starting gun on EU Divorce

On 29th March 2017 the UK Government gave notice to Donald Tusk President of the European Council under Article 50 of its intention to withdraw from the European Union. This will begin a two year negotiation procedure after which…more

The UK and the World Trade Organization (WTO): What Happens After Brexit?

On 29 March 2017, the UK will formally trigger the Article 50 process to begin the negotiations for Brexit. If there is a 'hard Brexit' in 2019, the UK would trade with the EU – along with most of the rest of the world – on the basis…more

Delaware Courts Expand Corwin Line of Cases

On March 7, 2017, Vice Chancellor Laster of the Delaware Court of Chancery dismissed the action In re Columbia Pipeline Group, Inc., C.A. No.12152-VCL. Stockholders of Columbia Pipeline Group, Inc. (“CPG”) claimed that CPG’s directors…more

Insurers’ Antitrust Exemption in Crosshairs Again as Part of Potential Health Care Overhaul

Just when you thought the health insurance legal and regulatory landscape couldn’t get any more interesting, along comes the Competitive Health Insurance Reform Act of 2017 (the Act). The Act removes a longstanding antitrust exemption…more

North Carolina: The E-Verify Times, They Are A-Changin’

The employment legal landscape certainly is changing, and this change is particularly visible at the federal level. But while you await the Affordable Care Act’s fate with bated breath, don’t forget that your state legislators are…more

Will 30 Years Of Practice Be Overturned? Supreme Court Hears Oral Argument In TC Heartland v. Kraft Foods.

On Monday, March 27, 2017, the U.S. Supreme Court heard oral argument in TC Heartland v. Kraft Foods Group Brands LLC, a case that could have a profound impact on where patent infringement cases may be litigated…more

[Audio]Episode 7: Conflict in the Family-Owned Business: A Conversation with Professor Benjamin Means

As many litigators will tell you, “business divorce on steroids” aptly describes the tenor of litigation that can erupt when members of a family-owned business have a falling out. No one has devoted more scholarship to the topic of…more

Federal Court of Appeal dismisses Teva’s appeal relating to utility and sufficiency

On March 14, 2017, the Federal Court of Appeal (FCA) dismissed Teva’s appeal of Locke J.’s Order prohibiting the Minister of Health from issuing a notice of compliance (NOC) to Teva in respect of its calcipotriol and betamethasone…more

House Votes to Repeal Antitrust Exemption for Health Insurers Under the Mccarran-Ferguson Act

On March 22, the U.S. House of Representatives passed the Competitive Health Insurance Reform Act of 2017, which would repeal the current limited federal antitrust immunity for health insurers. The bill would amend the…more

Manager's Thoughtless Comment Resurrects Poor Performer's FMLA Claims

There may not be a more toxic combination in the land of Human Resources: a poorly performing employee and an untrained boss who just can’t keep his mouth shut…more

Connecticut Certificate of Need Bill Advances After Spirited Debate and Some (But Possibly Not All) Amendments

As reported in our last post, the General Assembly’s Joint Committee on Public Health took up Senate Bill No. 795, An Act Establishing the Office of Health Strategy and Improving the Certificate of Need Program. At a packed hearing on…more

Press Releases Sink Private Offering

The opinion of the SEC in KCD Financial Inc. upholds a FINRA disciplinary action against a FINRA member broker-dealer that sold securities in a private placement when no exemption from registration was available…more

New Jersey Bill Seeks to Expand Employer’s Obligations to Disclose Wage Information to Employees

On February 15, 2017, a bill that would require all public and private employers to provide their employees with additional information regarding wage calculations advanced in the New Jersey General Assembly. Under current law…more

Trump executive order on domestic energy policy

U.S. President Donald Trump has signed an executive order affecting domestic energy policy. His March 28, 2017 Presidential Executive Order on Promoting Energy Independence and Economic Growth includes a variety of directives…more

Culture: Meeting Regulatory Expectations - March 2017

Recent scandals in the corporate and financial spheres have served to highlight the importance of a strong and well-embedded institutional culture. It is difficult to pinpoint any such scandal that was not, to a material degree…more

New UK Tax Relief Restrictions for Corporate Interest

This briefing provides a high-level summary of the new rules limiting the UK tax deductibility of corporate interest expenses. The new rules apply from 1 April 2017 to interest payments made from that date under new and existing…more

Two Restatements Results in Settled SEC Financial Fraud Charges

The Commission filed a settled financial fraud action centered on three restatements against a company and two of its officers last fall. It charged violations of Exchange Act Sections 10(b), 13(a), 13(b)(2)(A) and 13(b)(2)(B). The…more

Jury Waiver And Arbitration Agreements Require Specificity

A recent New Jersey Appellate Division decision once again highlights the specificity required to enforce jury waivers or agreements to arbitrate employment disputes. In Noren v. Heartland Payment Systems, Inc., ___ N.J. Super. (App…more

Alteogen Reportedly Transferring Biosimilar to Qilu Pharmaceutical

Korean Biomedical Review is reporting that Alteogen will transfer technology related to its ALT-L2, a biosimilar of Herceptin, to Qilu Pharmaceutical of China. According to the article, Alteogen and Qilu will “jointly complete the…more

New York Makes Cybersecurity Rule Covering the Financial Services Industry Final; Sets Transitional Periods for Compliance

Last month the New York Department of Financial Services (NYDFS) released its final rule requiring banks, insurance companies, other financial institutions, and individuals regulated by the agency to maintain a written cybersecurity…more

Montana Supreme Court Rules That Statute of Repose Is an Absolute Bar to Claims and Cannot be Tolled for Any Reason, Including Concealment

Hill County High School District No. A v. Dick Anderson Construction, Inc., 2017 Mont. LEXIS 38 (Mt. Feb 7, 2017) - This action arose out of the design and construction of a new roof for a high school in Hill County, Montana. The…more

Your Daily Dose of Financial News

A group of current and former Citizen Bank branch employees from five states has admitted to fabricating information about the results of the Bank’s much-touted “Citizens Checkup” program (in which real customers are invited into bank…more

Federal Circuit is No Place to Make New Claim Construction Arguments

The Federal Circuit has consistently made clear that arguments not first made to the PTAB will not be considered on appeal. Google fell victim to this well-worn concept in Google Inc. v. SimpleAir, Inc., 2016-1901 (CAFC March 28…more

Update – Which Decisions Have Excluded Dr. Parisian, And About What?

Back in 2013, we published a comprehensive post on the checkered Daubert history of the notorious and prolific (in equal amounts) plaintiff-side “FDA expert” (although she routinely attempts to opine way beyond FDA matters) – “Dr.”…more

10th Cir. Holds Congress, Pursuant To Authority Under Commerce Clause, Can Protect, Under ESA, Purely Intrastate Species On Nonfederal Land

On March 29, in the case of People For the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service, et al., the U.S. Court of Appeals for the Tenth Circuit issued a unanimous decision that the Endangered Species Act…more

President Trump Rolls Back Climate Change Policies to Support Domestic Energy

On March 28, 2017, President Trump signed an executive order titled "Promoting Energy Independence and Economic Growth" that reverses or materially alters many of the actions that the federal government undertook during the Obama…more

Circuit Court Affirms Key Difference Between Privilege and Work Product Protections

Disclosing privileged communications to third parties generally waives that fragile protection, even if the third parties are friendly. In contrast, disclosing work product to third parties waives that more robust protection only if it…more

What Employers Need to Know About Immigration Raids on Their Premises

Restaurateurs and other employers usually are not experts in conducting forensic evaluations of work authorization documents — nor are they expected to be. According to some Pew Research Center estimates, 20 percent of cooks in…more

The Survival of Abood v. Detroit Board of Education, Part 3

Exactly a year ago today in what now appears to be a temporary reprieve, the United States Supreme Court issued its decision in Friedrichs v. California Teachers Association. An “equally divided court” affirmed the judgment of the 9th…more

[Audio]Podcast: Sanya Sukduang and Jonathan Davies on Amgen v. Sandoz and Sandoz v. Amgen

On April 26, the Supreme Court will hear oral arguments in Amgen Inc. v. Sandoz Inc. and Sandoz Inc. v. Amgen Inc.—cases that could significantly impact makers of biosimilars and branded biologic drugs and how these drugs are brought…more

A New FBI Warning for Healthcare Providers

The FBI has issued new guidance specifically applicable to medical and dental facilities regarding the cybersecurity risk of File Transfer Protocol (“FTP”) servers operating in “anonymous” mode. FTPs are routinely used to transfer…more

Chevrons, Stripes, Cheerleaders, and Copyright: The Supreme Court Issues Opinion in Star Athletica v. Varsity Brands

The U.S. Supreme Court issued their opinion on Star Athletica v. Varsity Brands on Wednesday, March 22. Should fashion designers rejoice or be fearful? That depends. Designers who repeatedly have original fashion designs copied by…more

The Hague Securities Convention – II. What do these provisions accomplish?

The cited provisions are choice-of-law provisions that select the governing law for the intermediary account agreement, which under the Hague Securities Convention will then also dictate the governing law for other issues regarding the…more

The ‘Gig’ Economy Under the Spotlight

New research published by the CIPD suggests that around 1.3 million people are engaged in the UK ‘gig’ economy – the term used to describe flexible, short-term working arrangements, typically managed through digital platforms. The…more

[Video]Your Cyber Minute: Attorney-client privilege in the midst of a cybersecurity breach

In the wake of a cyber attack, it’s a common assumption that attorney-client privilege is ironclad. It’s not that simple. Partners Harriet Pearson and Michelle Kisloff examine the nuances and offer best practices…more

CVE Extends Verification Eligibility Period: What This Means for VOSBs

Last week, the Department of Veterans Affairs (“VA”) final rule extending the eligibility period for participation in the VA VetBiz Vendor Information Pages (“VIP”) Program took effect. The final rule extends the verification…more

Fairfax County Kicks Off Zoning Ordinance Modernization Effort

On the eve of its 40th birthday, Fairfax County has kicked off a Zoning Ordinance Modernization effort to analyze and update its current ordinance, which was originally adopted in 1978. The modernization efforts are part of the…more

Blog: State Department ventures into conflict minerals

Bloomberg BNA is reporting that the State Department has launched a new review of “how best to support responsible sourcing of conflict minerals,” which will continue through April 28. Although it’s not known whether the SEC is…more

No Such Thing as March Break – Selected Corporate and Securities Law Developments

March was a busy month for corporate and securities law developments, with the publishing of staff notices by the Toronto Stock Exchange (TSX) and Canadian Securities Administrators (CSA), as well as developments regarding Ontario’s…more

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

In a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped short of…more

Q2 – The Bellwether of Annual Performance for Law Firms

Last month I posed the question, “What if you didn’t hit budget in 2016?” This month, I want to look forward into 2017 and offer some prospective advice to help leadership teams either hit budget or optimally manage expectations in the…more

Janssen v. Celltrion, Damages: “Patent Dance” May Determine Availability of Lost Profits

On March 2, 2017, the United States District Court for the District of Massachusetts issued an order in Janssen v. Celltrion explaining that an accused patent infringer’s failure to fully engage in the Biologics Price Competition and…more

U.S. Supreme Court Hears TC Heartland Case

On Monday, March 27, 2017, the U.S. Supreme Court heard oral arguments in TC Heartland LLC v. Kraft Food Brands Group LLC, (Case No. 16-341). This case considers whether venue for a patent infringement case is proper in any district…more

Florida High Court Clarifies When an Insured Is Entitled to Attorneys’ Fees When an Insurer Initially Denies a Sinkhole Claim

In Johnson v. Omega Insurance Co., 200 So. 3d 1207 (Fla. 2016), the Florida Supreme Court held that an insured was entitled to an award of attorneys’ fees under section 627.428, Florida Statutes and the confession of judgment doctrine…more

BREAKING: Blacklisting Rule Is Officially and Completely Dead

This week (March 27, 2017), President Trump signed into law a Congressional Joint Resolution of Disapproval (the Resolution”), revoking the rules implementing the controversial Fair Pay and Safe Workplaces Executive Order, better known…more

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