Latest Updates

Tips For Documenting Employee Discipline

Most employment lawyers will tell you that more cases are won and lost due to documentation (or the lack thereof) than any other factor. This is because juries typically will only believe employers if they “put it in writing.”… more

Status Regarding Dupixent® Litigations

We previously reported that Sanofi and Regeneron filed a declaratory judgment action seeking a ruling that its approved Dupixent® (dupilumab) product does not infringe Amgen’s U.S. Pat. 8,679,487 (“the ’487 patent”), and that Immunex… more

Reissuance of Proposed Regulations on Partnership Audit Rules

The U.S. Treasury Department and the Internal Revenue Service (the “IRS”) have re-issued proposed regulations (the “Proposed Regulations”) on the new centralized partnership audit rules enacted as part of the Bipartisan Budget Act of… more

Gas Company Receives First Declination of 2017 Under FCPA Pilot Program

The U.S. Department of Justice (DOJ) on June 16, 2017, announced its first declination of 2017 and the closing of its investigation of Linde North America Inc. and Linde Gas North America LLC (collectively, Linde) concerning violations… more

Big E-Cig Developments

News out of New York and New Jersey this week indicates that additional e-cig regulations could soon affect consumers, manufacturers, and marketers alike. Given the size of the market, it is incumbent to keep a watchful eye on these… more

Leveraged Lending: Summary of ECB Guidance compared to US Guidance

In May 2017, the European Central Bank published its final Guidance on Leveraged Transactions (the “ECB Guidance”). The ECB Guidance will come into effect six months after publication and will apply to all “significant credit… more

Innovation drives dealmaking: Outlook for M&A in Israel - Investors continue to flock to Israel, as innovation and technological advancements create fertile ground for M&A

Dubbed the "startup nation," Israel is an epicenter of innovation. It boasts more venture capital firms and startups on a per capita basis than any other country in the world. In tech terms, it is second only to Silicon Valley. Much… more

SCOTUS and the Slants: Disparagement Proscription of § 2(A) of the Lanham Act Unconstitutional

A unanimous decision from the Supreme Court of the United States in Matal v. Tam affirmed an en banc panel of the Federal Circuit and found the disparagement clause of the Lanham Act to be facially unconstitutional under the free… more

FINRA Permits Related Performance Information in Institutional Communications for Registered Closed-End Funds

Introduction In an interpretive guidance letter issued to a registered closed-end fund on June 9, 2017, FINRA permitted the use of “related performance information” in communications that are distributed solely to institutional… more

The Law On Demand

The on demand economy is now far more expansive than transportation or food delivery. In fact, lawyers now make up a growing aspect of this market as an increasing number make themselves available as “contract attorneys” hired to… more

FTC Submits Comment To Aid NTIA In Developing Internet of Things Guidance

In its latest effort to address security concerns about Internet of Things (IoT) devices, the Federal Trade Commission (FTC) has submitted public comments to the National Telecommunications and Information Administration's (NTIA)… more

Department of Labor Finalizes Claims and Appeals Regulations for Disability Benefits

The Department of Labor’s (DOL) Employee Benefits Security Administration has issued final regulations that change the claims and appeals procedures for disability benefits provided by ERISA plans. The final rules are substantially… more

Spokeo And Standing: Fourth Circuit Applies Spokeo And Reverses Nearly $12 Million FCRA Action Judgment

On May 11, 2017, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Dreher v. Experian Information Solutions, Inc., reversing and dismissing a nearly $12 million award in a Fair Credit Reporting Act (“FCRA”) class… more

Hong Kong Permits Third Party Funding of Arbitration

Hong Kong approved last week the awaited Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 to permit third party funding of arbitration, as well as supporting court, emergency arbitration and mediation… more

EEOC Holds Conversation With Society of Human Resource Management Foundation VP Tina Sung

AARP CEO Also Conducts Age Bias Dialogue With EEOC Acting Chair Victoria A. Lipnic - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Tina Sung from the Society for Human Resource Management… more

Bikers Who Love that 'Wind-in-My-Hair' Feeling Still Hoping for Legislative Relief

When I was 18 and a freshman at Northeastern, my sister-in-law, Sue, was a recent graduate of the Mt. Auburn Hospital school of nursing (Cambridge) and working as an operating room nurse at that hospital. One day she asked me to… more

Supreme Court Tightens Personal Jurisdiction Requirements

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court of… more

Pennsylvania Federal Court Finds Continuing Violations Doctrine Applicable To RESPA Claims

A Pennsylvania federal court applied the continuing violations theory to RESPA’s one-year statute of limitations, and allowed Plaintiffs leave to amend their complaint to modify their RESPA claim… more

The Australian Innovation Patent: The threshold for patentability may be higher than you think

A June 2017 decision of the Australian Patent Office highlights when claims in an innovation patent may be found novel, but lacking in innovative step. The decision highlights that the inquiry into innovative step is substantially… more

1 Million Individuals’ Personal Data on Backup Drive is Stolen from Washington State University

File this story in the category of even locking data up in a safe is not secure. Washington State University (WSU) has begun to notify approximately 1 million individuals that their personal data was compromised when a back-up drive… more

Municipalities Are Now Included In PURA Small Cell Cases Before Public Utilities Regulatory Authority

In its final decision in Docket No. 17-02-49 adopted on June 2, 2017, the Public Utilities Regulatory Authority ("PURA") incorporated nearly all of the recommendations made by the Connecticut Conference of Municipalities for all new… more

First Trump Administration FCPA Resolution is Tender not Tough

DC Partner Mark Sere and DC Senior Associate Kristin Robinson have presented a webinar providing a mid-year update on the FCPA. In it, Mark and Kristin read the tea leaves on whether the Trump Administration was going to be Tough or… more

CFPB details complaint process at Comply2017 Conference

At the Comply2017 conference held earlier this week in New York City, Scott Steckel, a member of the CFPB’s Office of Consumer Response, gave a presentation in which he detailed the CFPB’s complaint process and how the CFPB shares… more

Office of Civil Rights Field Instructions Signal Shift in Approach

It was revealed last week that Acting Assistant Secretary for the Office of Civil Rights (OCR), Candice E. Jackson, issued instructions to OCR regional directors on June 6, 2017, addressing the processing of complaints in light of… more

More ET Rover Bungling...Or is it a Calculated Decision to Place Speed Over Safety?

ET Rover’s pipeline construction activities in Ohio for the same pipeline that is being built in Lenawee and Washtenaw Counties in Michigan result in multiple environmental and other violations, leaving some to believe that paying… more

“But Officer, He Came Out of Nowhere!”

Lots of wrecks happen because drivers, staring at what’s directly in front of them, are unaware of dangers coming from other directions. This is an ACA blog, so right now we’re staring at the ACA changes being proposed by the Senate… more

Supreme Court Finds Lanham Act Disparagement Clause Unconstitutional Under First Amendment

In a victory for the Asian-American rock band The Slants, the Supreme Court ruled on June 19 that the ban on the registration of disparaging trademarks under Section 2(a) of the Lanham Act violates the First Amendment. The ruling… more

How The Trump Administration is Changing US Immigration: A Sixth Month Look Back

In its first six months, the Trump Administration has significantly altered US immigration policy. To date it has issued four Executive Orders promising to toughen US laws and regulations. This Webinar will provide a review of the… more

[Video]How The Trump Administration is Changing US Immigration: A Sixth Month Look Back

In its first six months, the Trump Administration has significantly altered US immigration policy. To date it has issued four Executive Orders promising to toughen US laws and regulations. This Webinar will provide a review of the… more

Outsourcing in the Pharmaceutical and Life Sciences Sectors – A UK Perspective

Pharmaceutical and Life Sciences companies operate in a demanding environment and face diverse challenges such as pricing pressure, increased regulatory requirements and mounting costs. With this backdrop, they have, starting with… more

[Video]Compliance into the Weeds-Episode 43, the Linde Declination

In this episode, Matt Kelly and I take a deep dive into the first Declination issued by the DOJ in the era of the Trump Administration, which was issued by the DOJ on June 16, 2017, when it issued a Declination to Linde North American… more

Get Ready for Regulatory Change: MiFID II

This briefing summarises some of the requirements in MiFID II that will apply to investment firms that operate in the FX derivatives and contract for difference (CFD) sectors. Compliance with MiFID II is required from 3 January… more

Where Do the Supreme Court’s Civil Cases Originate (Part 1)?

In our recent expansion of Sedgwick’s California Supreme Court database, one of the variables we added was the originating jurisdiction. Given that the Court always has a significant number of administrative mandate cases, originating… more

Younger Abstention in Title IX Litigation: A Tale of Two Outcomes

The United States Court of Appeals for the Sixth Circuit has affirmed a district court decision holding that the federal trial court must abstain from judicial review of an ongoing disciplinary proceeding against a student at the… more

When Should I Get a Last Will and Testament?

Lexis Nexis claims that 55% of American adults do not have a last will and testament or some kind of an estate plan. This means that more than half of American estates have their personal assets pass via intestacy - without a will and… more

Can Extensive Regulations Bar A Claim For Unfair Trade Practices?

An alleged violation of N.C.G.S. Section 75-1.1 is a staple of business litigation in North Carolina. A recent decision by the U.S. Court of Appeals for the Fourth Circuit addresses an important question about the law on Section… more

Ninth Circuit Requires Evidence of No Injury, Recognizes Forfeiture of Pre-1919 Arizona Water Rights

A recent ruling from the U.S. Ninth Circuit Court of Appeals underscores the importance of beneficially using water, as currently recognized in California, to maintain state water rights. On June 13, a three-judge panel rejected an… more

She Did What With the Family Farm? - Top Ways to Challenge a Deed in Michigan

A deed is a legal instrument commonly used to transfer title in real property (i.e. a residence, parcel of land, or family cottage). Although deeds are typically straightforward, certain legal requirements are necessary to effectuate… more

CCOs and Resources: Put Your Money Where Your Mouth Is!

The compliance profession is enjoying its moment of triumph. Chief compliance officers are earning substantial salaries and rewarded with high-level positions in the C-Suite and significant influence. CCOs are the hot commodities in… more

Hot Off The Press! DFEH’s Annual Report

Seyfarth Synopsis: California’s Department of Fair Employment and Housing has just issued its Annual Report on civil rights complaints during 2016. Here are some highlights… more

Mine Safety Agency Launches ‘Training Assistance Initiative’ For Miners With Less Experience

Recent coal-mining deaths have prompted the Mine Safety and Health Administration to launch a voluntary “training assistance initiative” for miners with less than one year of experience in mining or in their current job, MSHA has… more

Obama Administration’s Organic Animal Welfare Rule Postponed a Second Time

For the second time, the effective date of the Organic Animal Welfare Rule (OAWR) proposed by the United States Department of Agriculture during the last days of the Obama administration has been pushed back. The new effective date of… more

Countdown to the EU General Data Protection Regulation: Are You Ready?

With less than one year until the May 25, 2018 deadline for compliance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (the "GDPR"), affected companies should already be preparing. The GDPR was passed into EU… more

Beryllium Exposure Rule Going Through Changes, OSHA Admits

The rule to lower permissible workplace exposure to beryllium is undergoing changes in a White House review, Occupational Safety and Health Administration deputy director for standards and guidance Maureen Ruskin has told safety… more

Employers Permitted to Modify Retiree Benefits Following Expiration of CBA

In a closely watched case for employers, the Third Circuit Court of Appeals, which has jurisdiction in Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands, recently held that retiree healthcare benefits provided in a… more

Ontario Court of Appeal Confirms Ongoing “Gatekeeper” Function in Respect of Expert Evidence

In its recent decision in Bruff-Murphy v. Gunawardena (Bruff-Murphy), the Court of Appeal for Ontario (Court) set aside a jury award and ordered a new trial on the basis that the trial judge did not correctly apply the Supreme Court of… more

Healthcare Providers Beware: HIPAA Isn’t Your Only Concern Following a Data Breach–State Law Matters

Healthcare service provider CoPilot Support Services (“CoPilot”) recently agreed to pay a $130,000 settlement after it waited over a year to notify patients of a data breach, in violation of New York’s breach notification law. The… more

Four Critical Components in Scheduling International Deposition Locations

One of the hurdles to tackle when planning for international depositions is the search for the right location. For someone scheduling their first deposition in Tampere, for example, this can be a bit like chasing a shadow in a fog… more

Legislation Enacted To Permit HOAs To Collect Resale Inspection Fees

Beginning in October, Maryland homeowner associations will have the right to collect a fee relating to inspections during the resale process. What had been House Bill 34 in the 2017 session of the General Assembly, and has now been… more

“Giving Offense is a Viewpoint”: Supreme Court Holds It Is Viewpoint Discrimination to Deny Trademark Protection for Allegedly Offensive Marks

In a decision that is being heralded as a victory for First Amendment freedoms, the United States Supreme Court struck down the so-called disparagement provision of the Lanham Act, 15 U.S.C. §1052(a), on the basis that the law… more

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