Latest Updates

Trending Wonkology: What is 'Special Counsel'?

Special Counsel - Definition: A person appointed by the U.S. Attorney General, or their designee, in cases where an internal investigation may present a conflict of interest or when it may be in the public interest… more

Don’t “Hire” A Lawsuit: A New Employee’s Misappropriation of TradeSecrets May Quickly Become Your Own

Companies commonly assume that they will only be sued for trade secret misappropriation if they or someone from their company steal the “secret sauce” of their competitor. Not true. A far more common way that companies get dragged into… more

TPS Extended for Haitians and Court of Appeals Upholds the Block of Second Travel Ban

On May 24th, DHS Secretary John F. Kelly extended Temporary Protected Status (TPS) through January 22, 2018 for eligible nationals of Haiti and individuals without nationality who last habitually resided in Haiti. The Secretary… more

Illinois Appellate Court Opens Door to Expanding List of Accepted Diseases in Medical Marijuana Program

On May 22, 2017, the Illinois First District Appellate Court upheld reversal of the Illinois Department of Public Health’s (IDPH’s) refusal to add chronic postoperative pain (CPOP) to the list of accepted diseases in the Illinois… more

FCA Proposes Changes to the Prospectus Rules in its Quarterly Consultation Paper

In its quarterly consultation paper (CP17/6) published on 3 March 2017, the Financial Conduct Authority ("FCA") proposed specific amendments to the Prospectus Rules in anticipation of the entry into force of the new Prospectus… more

CBO Greenlights Telehealth Provisions in Senate’s CHRONIC Care Act

Last week, the Congressional Budget Office (CBO) concluded that a key piece of telehealth legislation, the CHRONIC Care Act of 2017, would not, overall, increase or decrease Medicare spending. This score is significant as it marks the… more

DOL’s Fiduciary Rule To Apply June 9th, Investment Managers and Advisers May Want to Take Action Now

The U.S. Department of Labor's (DOL) final rule significantly expanding when a person is considered to be a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (Code) as a result of… more

IRS Will Resume Ruling on Important Spin-Off Issues

The IRS recently provided taxpayers with favorable guidance involving tax-free spin-offs. First, the IRS will resume issuing private rulings that allow a distributing corporation to satisfy debt it issued in anticipation of a spin-off… more

Seven Takeaways from the ABA National Institute On Health Care Fraud

On May 17, 2017 the American Bar Association convened its 27th National Institute on Health Care Fraud. I have attended many of the past annual meetings, and always enjoy the presentations and the opportunity to network with colleagues… more

Tesco to Pay Compensation of £85 m and Further Fine of £129 m for Market Abuse

On 28 March 2017, the FCA announced that Tesco plc and Tesco Stores Limited ("Tesco") had agreed to committing market abuse in relation to a trading update published on 29 August 2014. In that update, Tesco plc had stated that it… more

Trump Administration FY 2018 Budget and Healthcare Programs

The Trump Administration released on May 23, 2017, its full Fiscal Year (FY) 2018 budget request, titled "A New Foundation for American Greatness." President Donald Trump's request builds off of the administration's March 16 budget… more

Federal Legislation Seeks to Advance Portable Benefits for Gig Workers

Several weeks ago, we asked if the concept of portable benefits for gig economy workers was one step closer to reality, with rumors swirling of imminent federal legislation forthcoming. Well, this issue just took a big leap forward… more

DOL’s Fiduciary Rule to Become Partially Effective June 9, 2017

The Fiduciary Rule, which expands the circumstances under which providers of investment advice may be considered Employee Retirement Income Security Act of 1974 (ERISA) fiduciaries, was initially published in the Federal Register on… more

Japan Legal Update - Volume 25 | May 2017

Bill to Partially Amend the Civil Code was Passed by the House of Representatives - On April 14, 2017, the House of Representatives passed a bill to partially amend the Civil Code ("Bill"). The Bill is under deliberation in the House… more

HIPAA Enforcement Update (February 2017 – April 2017)

In recent months, the Department of Health and Human Services, Office for Civil Rights (OCR) has announced four settlement agreements and one civil monetary penalty to resolve allegations of Health Insurance Portability and… more

Key Takeaways: Software Patent Prosecution Requires Data-Based Strategies Due to Patent Office Inconsistencies

Kilpatrick Townsend attorneys Kate Gaudry, Ph.D. and Thomas D. Franklin recently presented at the Practising Law Institute’s 11th Annual Patent Law Institute regarding “Software/EE: Are We There, Yet?”… more

Minnesota Weekly Legislative Update: Budget Negotiations Continue, Conference Committees Focus on Policy

The Legislature adjourned the Special Session early the morning of Friday, May 26, after adopting spending bills, a tax bill and a bonding bill. Governor Mark Dayton and Republican legislative leaders spent the final weeks of the… more

Energy Insider Interview Series: Questions for Congressman Adam Kinzinger

1. Let’s talk a little bit about the new Presidential administration and what impact it might have on the energy industry. President Trump has talked about significant changes to energy policy under his administration. One area in… more

Blakes Board Report: Opportunities for Women General Counsel

2016 S&P/TSX Composite Board Study - In late 2016, Blake Cassels & Graydon LLP (Blakes) initiated a novel study to examine the involvement of general counsel and lawyers on the board of directors of Canadian publicly listed… more

New York Court of Appeals Holds that Out-of-State Entities Can be Liable for Aiding and Abetting Discrimination Under the New York Human Rights Law

Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: you can be subject to liability under the New York Human Rights Law (“NYHRL”) if you “aid and abet” discrimination… more

The Ninth Circuit Affirms District Court’s Dismissal Of Putative Class Action Where Named Plaintiff Lacked Standing To Assert Claims For Injunctive And Declaratory Relief

Takeaway: While courts continue to grapple with efforts by class action defendants to “pick off” a named plaintiff by mooting his or her individual damages claim, class representatives pressing claims for injunctive and declaratory… more

National Labor Relations Board Finds Union Supporter’s Profanity-Laden Rant Unprotected by the National Labor Relations Act

In a rare win for the employer, the National Labor Relations Board (the “Board”) unanimously affirmed an Administrative Law Judge’s (“ALJ”) decision that the termination of a union bargaining-committee representative for a… more

Ontario Considers Major Employment and Labour Law Reform: Key Recommendations and How They Will Impact Employers

On May 23, 2017, the Ontario government released The Changing Workplaces Review – Final Report, which recommends a sweeping overhaul to Ontario’s employment standards and labour relations legislation. The government has promised to… more

News from Second and State

Weekly Wrap - We are now about one month away from the end of the 2016-2017 fiscal year, and if this week was a preview of what to expect in June, it will be a busy month indeed. Plenty of bills were reported from the standing… more

Ontario Introduces New International Commercial Arbitration Scheme

Effective March 22, 2017, Ontario enacted the International Commercial Arbitration Act, 2017 (ICAA), replacing a previous version of the law that had been in effect since 2006. The new ICAA includes changes which are designed to… more

EPA Releases RIN Generation Data For April

On May 10, 2017, the U.S. Environmental Protection Agency (EPA) released Renewable Identification Numbers (RIN) generation data for April 2017, reporting that nearly 1.5 billion RINs were generated during the month. Nearly… more

Mitigating Risk at the Intersection of Business and Patents

Public sales and offers to sell can trigger the on sale bar without a public disclosure of the invention - Since its enactment in 2011, many practitioners (and the U.S. Patent and Trademark Office (USPTO) itself) have treated the… more

Service Breakdown Costs Prepaid Card Company, Processor $13M

The Consumer Financial Protection Bureau (CFPB) entered into a Consent Order on January 31 with UniRush, a prepaid debit card company, and its processor over a breakdown in October 2015 that left RushCard holders unable to access their… more

CFPB Fines Real Estate Entities Over RESPA Violations

Targeting violations of the Real Estate Settlement Procedures Act (RESPA) by a mortgage lender, two real estate brokers, and a mortgage servicer, the Consumer Financial Protection Bureau (CFPB) announced almost $4 million in penalties… more

Shareholders Are Getting Restless; Climate Change Resolution Passes at Occidental

In March, I noted BlackRock’s increasing concern over climate. One element of its statement was “potential support for shareholder resolutions on climate risk”, where “management’s response to our prior engagement has been inadequate… more

NSA Curbs Collection Of Americans’ Emails

The National Security Agency (“NSA”) announced that it will voluntarily stop collecting the email and text exchanges of American citizens with persons overseas that mention a target of NSA surveillance. Although the collection of… more

Taking Control: Oregon SB 1057

The Oregon Legislature recently passed Senate Bill 1057, which currently sits on the Governor’s desk awaiting her signature. The bill primarily addresses the Oregon Liquor Control Commission’s (OLCC) control over the state’s medical… more

CFPB Claims National Bank Impeded Loss Mitigation for Distressed Mortgage Borrowers

In separate consent orders, one bank will pay $28.8 million to resolve claims by the Consumer Financial Protection Bureau (CFPB) that it gave its distressed mortgage borrowers the "run-around" during the loss mitigation process… more

Amendments to Companies Act Aim to Transform Singapore into Debt Restructuring Hub

Singapore’s firm trajectory towards becoming an international hub for debt restructuring received a boost with the Companies (Amendment) Act 2017 coming into force on 23 May 2017… more

Unmet Garmin Factor 3 Proves Fatal for Additional Discovery Request

In Polygroup Ltd. v. Willis Electric Co., Ltd., the Patent Trial and Appeal Board denied a Patent Owner request for documents already provided in a co-pending lawsuit but restricted from use by a protective order. IPR2016-01610, Paper… more

U.S. Supreme Court Addresses Scope of Patent Venue

In TC Heartland LLC v. Kraft Foods Group Brands LLC, the U.S. Supreme Court resolved where a domestic corporation "resides" for purposes of the patent venue statute. The Court narrowed the meaning of "resides" under 28 U.S.C. §… more

Federal Appeals Court Rejects Trump’s Second Travel Ban - Decision Sets Up Inevitable Date At Supreme Court

In a 10-3 decision, the 4th Circuit Court of Appeals yesterday upheld the nationwide injunction that had blocked President Trump’s second executive order banning certain travel into the country from taking effect. The Court held that… more

Washington to Become the First State to Certify Organic Cannabis

On May 16, 2017, Washington Governor Jay Inslee signed GOP-sponsored Senate Bill 5131 to allow Washington State to be the first state in the nation to create a program to certify cannabis products as organic. The new law creates a… more

Guilt by Association: Bitcoin and the WannaCry Ransomware Attack

The recent so-called “WannaCry” ransomware cyber-extortion attack has thrust bitcoin as a means of payment back into the debate surrounding illegal online activity. Much in the way that the internet, in its early days, was seen as a… more

Best Practices for Using Third-Party Content on Your Company’s Website

Does your company’s website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided by implementing some best… more

Transnational Class Action Dispute Over Oil Spill Commenced in Australia

Following the 2009 Montara Oil Field oil spill in the Timor Sea, an Indonesian seaweed farmer brought a class action in Australia against the operator of the Montara Oil Field. The action was commenced on behalf of a class of… more

Federal Bill Seeks to Create Portable Benefits for Gig Economy Workers

Senator Mark Warner (D-VA), a lawmaker known for closely monitoring the changing nature of work, has introduced in the Senate legislation to promote innovative ways to offer portable benefits to workers in the on-demand economy. Rep… more

D.C. Circuit Court Rejects Anthem’s Appeal of Blocked Cigna Merger

On April 28, 2017, the United States Court of Appeals for the District of Columbia Circuit rejected Anthem, Inc.’s (Anthem’s) appeal of the D.C. district court’s order blocking its proposed $54 billion acquisition of Cigna Corp… more

Cybersecurity, A-Z: D is for Drones

Unmanned aerial vehicles, or “drones,” as they’re commonly called, touch on numerous hot-button cybersecurity issues. As devices connected to networks, they are important when considering the “internet of things.” As used by the… more

May Washington Update

This month’s Washington Update provides insight into a number of energy-related developments at the federal level, including President Trump’s recently proposed budget for Fiscal Year 2018, the Senate’s failed efforts to turn back the… more

FY 2018 President’s Budget May Signal Challenges for Health Programs on the Horizon

Eric Zimmerman, along with McDermott+Consulting Vice Presidents Adaeze Enekwechi and Piper Su, wrote this +Insights publication detailing the possible effects of the Trump Administration's 2018 budget on health programs and what can be… more

Change to Occur Slowly at NLRB

Seyfarth Synopsis: At yesterday's client symposium, “First 100 & Beyond: Strategy & Planning Summit for Businesses,” Brad Livingston offered insight into the state of the National Labor Relations Board under the Trump Administration… more

Mylan Institutional LLC v. Aurobindo Pharma Ltd. (Fed. Cir. 2017)

Last week, the Federal Circuit reviewed the rare event of a preliminary injunction being granted in a lawsuit over a chemical invention, made rarer still by the evidence of likelihood of success on the merits required for the… more

Littler Global Guide - Portugal - Q1 2017

State Budget Law 42/2016 of December 28, 2017 - Enacted Legislation - Effective January 1, 2017, State Budget Law for 2017 introduced various modifications to the labor law landscape, which have had an immediate impact on the… more

Employment Law Commentary - May 2017 #2

"On The Seventh Day He (She) Rested"... Maybe - It took 124 years, but the California Supreme Court in Mendoza v. Nordstrom, Inc., No. S224611, 2017 WL 1833143 (Cal. May 8, 2017) finally addressed in detail California’s day-of-rest… more

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