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

Latest Updates

PLI’s “The CFPB Speaks” panel discussion

Earlier yesterday, at the Practicing Law Institute’s (“PLI”) 22nd Annual Consumer Financial Services Institute in New York City, Alan Kaplinsky (who is co-chairing the event) moderated a panel entitled “The CFPB Speaks,” that featured…more

Important Decision Regarding Pre-Existing Nonconforming Structures

In a recent decision, the Land Court clarified that Massachusetts state law does not require local zoning boards to make detailed factual findings when approving an extension or alteration to a pre-existing nonconforming structure…more

Will Culture Change at Uber Before It’s Too Late?

What happens when a company delivers a superior product or service which is enthusiastically embraced by the consuming public, has a contented, if not equally enthusiastic, public facing work force and the business itself makes money…more

Hogan Lovells academic all-stars debate hot tech topics

On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends for 2017…more

Second Circuit Finds District Court Erred In Decision On Enforcement Of International Arbitration Award

The factual and procedural background of this case can be found here. In sum, beginning in the 1990s, the appellants, a group of Brazilian companies (collectively, “CBF”) entered into a series of contracts with Primetrade AG, a Swiss…more

Jewish School’s RLUIPA Claims Are Ripe For Adjudication

A federal court in the District of New Jersey has determined that claims asserted by the Congregation Kollel, Inc. (“Congregation”) against the Township of Howell, New Jersey (“Township”), based on the allegedly improper denial of a…more

For Your Consideration: Recent State-to-State Developments on Sufficient Consideration for Employee Non-Compete Agreements

The various laws, statutes, and policies governing non-compete agreements are nuanced, inconsistent, and sometimes downright contradictory from state-to-state. The issue of consideration is no different. Like other contracts…more

CFPB settles with consumer reporting agency for alleged UDAAP/FCRA violations

The CFPB announced that it has entered into a consent order with Experian, a consumer reporting agency, for allegedly engaging in the deceptive marketing of credit scores in violation of the Consumer Financial Protection Act’s…more

New Proposed TN Legislation Allows Off-Duty Law Enforcement to Carry Guns in Sports and Entertainment Venues

The Senate Judiciary Committee had 28 bills pertaining to firearms up for discussion this week. One bill receiving a lot of attention, SB356 / HB455, would allow an off-duty law enforcement officer to carry a firearm to events such as…more

HUD Publishes Final HECM Rule

Last year, the Federal Housing Administration (FHA) released a set of proposed rules affecting Home Equity Conversion Mortgages (HECMs) for notice and comment. After receiving 83 comments and responses, the Department of Housing and…more

Eleventh Circuit Looks To Alabama’s Doctrine Of “Intertwining” To Determine Non-Signatory Cannot Be Compelled To Arbitrate

Under Alabama law, “arbitration may be compelled under the doctrine of ‘intertwining’ where arbitrable and nonarbitrable claims are so closely related that the party to a controversy subject to arbitration is equitably estopped to deny…more

Proposed Employee Wellness Legislation Might Undermine Protections of GINA

Employees who don’t want to disclose genetic information about themselves and their families to their employers may have to pay a stiff price for that privacy in the future. The Preserving Employee Wellness Programs Act (H.R. 1313), a…more

Il recupero transfrontaliero dei crediti: l'ordinanza europea di sequestro conservativo su conti bancari

Il 18 gennaio 2017 è entrato in vigore il Regolamento di esecuzione (UE) n. 1823/2016 della Commissione (il "Regolamento") che ha completato la procedura per l'ordinanza di sequestro conservativo sui conti bancari (European Account…more

Ohio Supreme Court Narrows Voluntary Abandonment Defense

Ohio’s workers’ compensation system is a no-fault system arising from a mutual compromise between employers and injured workers. The system protects employers from personal injury lawsuits from injured workers and provides a means for…more

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v. Samsung…more

Brexometer Survey - March 2017

The UK Government has set out a bold vision for a post-Brexit world: The UK as a global pivot; a strategic partnership with the EU; an enduring and perhaps an even more “special” relationship with the U.S. Please see full…more

OIG report finds CFPB can strengthen conflict of interest controls related to vendor activities

The Office of Inspector General for the Fed and CFPB has issued a report on the results of an evaluation it conducted to determine whether the CFPB effectively mitigates the risk of potential conflicts of interest associated with using…more

Federal Contractors and Sub-contractors Win in Rollback of "Blacklisting" Rule

President Trump signed a Congressional Review Act resolution that rolled back the Fair Pay and Safe Workplaces Act, which would have required bidders for federal contracts to disclose their alleged labor and employment law violations…more

NY AG Targets Mobile Health Applications Over Privacy Policy, Misleading Claims Concerns

The Office of the New York State Attorney General (“NY AG”) recently announced a settlement of its investigation into the privacy policy and advertising-related business practices of three popular health-based mobile applications…more

Benefactors Beware: Fake Charities Included in IRS List of Top Tax Scams for 2017

Every year, the IRS issues its “Dirty Dozen” Tax Scams list, a compilation of tactics and devices used by scam artists against taxpayers. While the threat exists year-round, the IRS promulgates the list ahead of filing season…more

Hey, Tree Huggers, Where Are Those Odes to Our Roads of Rail?

I’ve been working for the railroad. And not just to pass the time away. No, I’ve been lobbying, which is undoubtedly easier than working on the railroad, involving as it does heavy, outdoor work in all kinds of weather…more

Supreme Court Agrees To Hear Securities Case

The Supreme Court agreed to hear another securities case this week. Leidos, Inc. v. Indiana Public Retirement System, No. 16-581. The only other securities action currently on the High Court’s docket is Kokesh v. Securities and…more

Expect a Mess When Food and Class Actions Collide: Part 1

Remember eating pasta and spaghetti sauce as a kid? Remember what it did to your shirt? Your face? Want to rekindle that memory? Two recent cases will help you revive it. One involves gumbo; the other, gourmet foods and…more

Celltrion Files Two Additional Petitions for IPR of Genentech’s Trastuzumab Patents

Celltrion has filed two additional petitions for inter partes review of Genentech patents related to trastuzumab: IPR2017-01139, challenging U.S. Patent 6,627,196, and IPR2017-01140, challenging U.S. Patent 7,371,379. According to the…more

Workers Comp Continues To Be Exclusive Remedy for Workplace Injuries

Workers compensation laws are among the oldest protective labor statutes, dating back to the early 1900’s. Workers compensation embodies a simple tradeoff: employees may not bring personal injury lawsuits against their employers for…more

Getting Fit at Work: The Ongoing Battle Over Employer-Sponsored Wellness Programs

The History of Employer-Sponsored Wellness Programs - With the Affordable Care Act’s explicit encouragement, it is no surprise that employer-sponsored wellness programs have been on the rise. However, they have come up against…more

Fur Claims

Animal pelts were one of the first forms of human clothing. As modern societies developed, fur gained in importance and, in many societies, access to fur became increasingly rare, reserved for either the ruling elite or wealthy…more

FTC Announces Settlement with Municipal Debt Collector Over Alleged Abusive Debt Collection Practices

?On March 24, 2017, the Federal Trade Commission (FTC) announced? that it entered into a consent order with a debt collection company, resolving allegations that the company engaged in unfair and abusive debt collection practices in…more

Employment Law Navigator – Week in Review: March 2017 #4

Last week, HR Dive highlighted the benefits and drawbacks of the use of electronic tracking to assess how employees engage with one another. Use of tracking technology to assess employee interaction has joined employee location…more

What can your Animal Control Officer do for you?

I remember the days (and I don’t mean they were necessarily the good old days) when Animal Control Officers were called “dog catchers”. They had a truck, picked up stray dogs, and did not try to help the dogs or reunite them with…more

Tax Tips

Internal Revenue Service Temporarily Holding Off on Issuing New Regulations - The Internal Revenue Service is temporarily holding off on issuing new rules while evaluating the impact of executive orders from President Trump…more

Promulgation of TMDLs Does Not Create a Non-Discretionary Duty to Require NPDES Permits

When EPA approved total maximum daily loads for the Charles River, but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when it failed…more

Damages: The Dark Side of Having Employees in the United States

Canadian employment law is, in many ways, far more employee favorable than U.S. employment law. With the exception of a few states, employment in the United States is “at-will.”…more

Double whammy: Federal estate tax repeal could substantially increase tax for California residents

With all of the talk about potential repeal of the federal estate tax, many people have decided to postpone further estate planning, hoping that the repeal will occur. However, Californians should hold out no such hope…more

Maritime and Infrastructure Federal Update - March 2017

Welcome to the Cozen O’Connor Maritime and Infrastructure Federal Update. Through this publication, we aim to keep you informed about many of the federal legislative, regulatory, and administrative developments affecting the maritime…more

FINRA Proposal to Allow Broker-Dealers to Distribute Predictive Illustrations

Amendment to FINRA Communications Rule would put member firms on a more equal footing with investment advisers. In February 2017, the Financial Industry Regulatory Authority, Inc. (FINRA) announced a proposed amendment (Proposed…more

FY2018 H-1B Cap Random Lottery Confirmed

During this time of increased unpredictability in US immigration law, it was good to see that the US Citizenship and Immigration Service had confirmed that the upcoming FY2018 H-1B random lottery will be conducted in the same manner as…more

EU Parliament’s LIBE Committee Declares Privacy Shield Inadequate

The EU-US Privacy Shield framework, which has faced a barrage of criticism since its approval in July, took another hit last week when the European Parliament’s Civil Liberties, Justice, and Home Affairs Committee (“LIBE Committee”)…more

Repeal Efforts Fail (for now): Can Obamacare Survive?

With the House GOP pulling the American Health Care Act (AHCA) due to lack of sufficient support even within its own party, Obamacare is not out of the woods. The ACA’s two pillars, the individual marketplaces and Medicaid…more

California Environmental Law & Policy Update - March 2017 #4

Environmental and Policy Focus - U.S., in reversal, issues permit for Keystone oil pipeline - New York Times - Mar 24 - The Trump administration announced on Friday that it would issue a permit for construction of…more

An Important New Decision on Whether Section 75-1.1 Applies to Multistate Conduct

Last week, the U.S. District Court for the Middle District of North Carolina issued a meaty decision about N.C. Gen. Stat. § 75-1.1. The decision, in a case called SmithKline Beecham Corp. d/b/a GlaxoSmithKline v. Abbott Laboratories…more

Split Eleventh Circuit Panel Says Title VII Does Not Prohibit Discrimination Based on Sexual Orientation

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex. Perhaps the hottest issue in employment discrimination law today is whether that ban on gender discrimination includes discrimination on the basis…more

SEC Adopts T+2 Securities Settlement Cycle

On March 22, the Securities and Exchange Commission (“Commission”) adopted a rule amendment that shortens the time by which most securities transactions effected by a broker-dealer are required to settle. Under the amendment, beginning…more

Port Authority Not Subject to Worker-Friendly New Jersey Whistleblower Law, State Court Rules

The Port Authority of New York and New Jersey is not subject to suit under New Jersey’s expansive whistleblower statute, the Conscientious Employee Protection Act, the New Jersey Appellate Division has held. Sullivan v. Port Auth. of…more

Delaware Bankruptcy Court Reinforces that Hindsight is not a Basis to Object to Indenture Trustee Fees

In the Chapter 11 case of Nortel Networks Inc., et al. ("Nortel"), pending in the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"), a group of senior noteholders (the "Noteholders") objected to the…more

House of Delegates Passes Bill to Reduce the Votes Required to Amend Bylaws

By a vote of 135-0, the Maryland House of Delegates has passed legislation that would reduce the percentage of affirmative votes required to amend condominium bylaws. Under Section 11-104(e) of the Maryland Condominium Act…more

Jackson Lewis Files Comments on EEOC’s Proposed Guidance on Unlawful Harassment

Jackson Lewis has submitted comments to the Equal Employment Opportunity Commission on the Proposed Enforcement Guidance on Unlawful Harassment. The Proposed Guidance sets out to define what constitutes harassment, examine when a basis…more

The Importance of Being Specific

When you’re designing an individual education program (IEP), you better be specific. That’s the message from a recent federal court case outside of Philadelphia which said that Norristown School District’s IEP for a special…more

European Commission Publishes Inception Impact Assessment on New Prudential Framework for Investment Firms

The European Commission has published an inception impact assessment on its review of the appropriate treatment for investment firms. The impact assessment relates to the Commission’s review of the prudential framework for…more

Capitol Hill Healthcare Update

House Speaker Paul Ryan’s decision to cancel Friday’s vote on the American Health Care Act triggered post-mortem jockeying among vying GOP factions struggling to come to grips with how the party failed to repeal a law it has singularly…more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Beveridge & Diamond's 100 lawyers - including 50 litigators - in 7 U.S. offices focus on environmental and natural resource law and regulation as they apply to business strategy, regulatory compliance…

[ About | Legal Updates ]