Latest Updates

The Potential Declawing of the SEC: The Financial CHOICE Act

The Financial CHOICE Act (or “CHOICE Act 2.0”), which would significantly narrow the SEC’s ability to bring enforcement actions and make it more challenging for it to prevail in such actions, is inching its way towards becoming law. On… more

China's revised draft data localisation measures

On 19 May 2017, the Cyberspace Administration of China (the “CAC“) released a revised draft of its Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the… more

Don’t Report Yet! OSHA Holds Off on Electronic Posting Requirements

Last July, we wrote about the Occupational Safety and Health Administration’s new electronic reporting requirements, which will require certain employers (those with 250 or more employees, or those with 20-249 employees in specific… more

Disciplinary Discharge of Employees on Workers’ Compensation

Employers often shy away from discharging employees for disciplinary reasons when those employees are receiving workers’ compensation benefits, such as in instances where the employee is working a modified duty assignment… more

Trump’s FY 2018 Budget Subjects CFPB to Congressional Appropriations Process

Tuesday, President Trump released an outline of his FY 2018 Budget entitled “A New Foundation for American Greatness”. There is good news and bad news for the CFPB, although most of it is bad news. The good news for the CFPB is that… more

New Study Of EEOC Enforcement: Demystifying EEOC Determination, Conciliation & Litigation Timeline

Seyfarth Synopsis: An in-depth analysis by Seyfarth Shaw sheds new light on how quickly the EEOC moves matters from letter of determination, through conciliation, to litigation. For charges that result in litigation, the EEOC spends… more

No Additional Delay on Effective Date of New Fiduciary Standards – DOL

This week, new U.S. Department of Labor Secretary Acosta announced that the final fiduciary regulations would go into effect on June 9, 2017. The Department also issued two pieces of guidance with regard to the regulations also… more

The Compliance Profession Needs to Adopt Professional Standards

Those who regularly read my blog have heard me often cite the need for the compliance profession to adopt professional standards. With the rise of the profession, and the expectations placed on the shoulders of compliance officers, the… more

Obtaining Counsel from a Mobile App Attorney Is a Must

Mobile App Attorneys Provide Necessary Guidance for Your Mobile App Business - Mobile applications, or “apps,” are becoming an indispensable tool for a wide range of businesses, from brick-and-mortar entities, to strictly… more

IXL Learning Sued by EEOC for Retaliation

Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for accusing… more

[Video]The Criminal Law Issues Media Lawyers Need to Know

Felony charges are filed against reporters covering a presidential inauguration protest. The Attorney General says he’s “not sure” whether he can “put reporters in jail for doing their job.” News organizations install encrypted… more

The D.C. Court of Appeals Just Scrapped the Drone Registry and May Have Also Turned Homeowners Insurers into Aviation Insurers

Model-aircraft hobbyist John Taylor didn’t want to register his model aircraft with the FAA pursuant to the newly created drone registry. So he took on the FAA, challenging new regulations aimed at unmanned aircraft registration and… more

Criminal Law Issues Media Lawyers Need to Know

Felony charges are filed against reporters covering a presidential inauguration protest. The Attorney General says he’s “not sure” whether he can “put reporters in jail for doing their job.” News organizations install encrypted… more

Manatt Digital - May 2017

Proud to Be in the Startup Hustle - Manatt Digital works with companies across all stages, but we certainly have a soft spot for our startup clients, many with whom we get to help in launching and accelerating their growth in the… more

Data Breaches and the Significance of Outside Counsel

On May 18, 2017, the Central District of California joined two other district courts (D. Minn. and M.D. Tenn.) in holding that forensic reports resulting from a data breach investigation, conducted at the direction of counsel, are… more

Amazon’s Air-Traffic Control System for Package Delivery Drones

Amazon announced this week that its development of an air-traffic control system for its package delivery drones (and other commercial drones flying in the national airspace) has taken off –pun intended. This air-traffic control system… more

Illinois Bills to Watch

Just days away from the May 31 close of its regular legislative session, the Illinois General Assembly has yet to enact the comprehensive series of tax and budget reforms that were first proposed by the Illinois Senate leadership late… more

Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory activities and… more

Central District of California Upholds the Constitutionality of the CFPB and Enforces a CID

Adding to the growing body of cases disputing the CFPB’s authority to issue civil investigative demands (“CID”), a U.S. district court judge in the Central District of California, on May 17, rejected multiple challenges and ordered a… more

Construction Liens Filed by Suppliers in New Jersey After Contractor’s Filing of Bankruptcy Petition Are Barred by the Automatic Stay Provision of the Bankruptcy Code

In re: Linear Electric Co., Inc., No. 16-1477, 2017 U.S. App. Lexis 5527 (3d Cir., March 30, 2017) - This case concerns whether suppliers, Cooper Electrical Supply Co. and Samson Electrical Supply Co. (“Suppliers”), could file… more

Outline for Discussion of New Issue Price Rules

New tax rules relating to establishing the issue price of publicly offered tax-exempt bonds become effective soon. This outline describes the new issue price rules, provides a high-level strategic analysis to help guide a discussion… more

Your Daily Dose of Financial News

Several members of healthcare hedge fund Deerfield Mgmt have been implicated in an insider-trading case over the alleged use of confidential information about gov’t financing to trade shares in affected health care companies… more

Federal Circuit Gives PTAB Free Hand on Claim Construction

The Federal Circuit recently held that the Patent Trial and Appeal Board is not constrained by parties’ proposed constructions and may, in fact, adopt an alternative construction that the Board raises for the first time at oral… more

Court Declines To Vacate Arbitral Decision In Face Of Seven Challenges Made By Pro Se Plaintiff

Last month the Southern District of New York granted DCH Auto Group’s motion to confirm a favorable arbitral decision dismissing a pro se plaintiff’s arbitration with prejudice, over a host of different challenges seeking vacatur of… more

Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?

With over one billion websites on the Internet, and 211 million items of online content created every minute, it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are overwhelmed… more

Torts & Insurance Cases from the 4th Circuit Court of Appeals

Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts & Insurance… more

Florida Federal District Court Denies Government’s Attempt To Submit Statement of Interest In False Claims Act Case Where Government Declined to Intervene

On April 26, 2017, the United States District Court for the Middle District of Florida denied the government’s motion for leave to submit a “statement of interest” in a False Claims Act (FCA) action in which the government had declined… more

Medicare Claims Appeals Process - A Refresher

With the increased audit activity we are seeing among the alphabet soup of Medicare contractors— RACs, ZPICs, SMRCs, CERTs, etc.—now appears to be a good time for a refresher on the Medicare claims appeals process. Due to this… more

Philadelphia Earned Income Tax Credit Bill Signed

Philadelphia Mayor Jim Kenney has signed a bill expanding employers' notice requirements to employees concerning the federal Earned Income Tax Credit (EITC)… more

Health Update - May 2017

Mapping the Healthcare M&A Landscape Under the New Administration - Editor’s Note: The healthcare M&A market continues to be among the most active sectors. In a recent webinar, Manatt examined how the policies and goals of the new… more

EU-Singapore FTA Opinion of the Court of Justice

Has the Court’s opinion on the EU Singapore FTA shaped future EU trade agreements and a future EU-UK FTA? The Opinion clarifies the EU competence to conclude trade agreements. The ability of the EU to conclude an agreement with… more

What Is The New U.S.-China Trade Deal and How Will It Affect Exporters?

On May 12, Wilbur Ross, the U.S. Commerce Secretary, announced that the U.S. and China have reached a new trade deal with four components that are supposed to boost U.S. exports and close America’s trade gap with China. The questions… more

Balancing Act: Supreme Court Rules That Filing a Proof of Claim for Stale Debt Does Not Violate the Fair Debt Collection Practices Act

The U.S. Supreme Court has held that the filing of a proof of claim in bankruptcy proceedings with respect to time-barred debt is not a “false, deceptive, misleading, unfair, or unconscionable” act within the meaning of the Fair Debt… more

2017 Tax Update

The current 2017 federal exemption against estate and gift taxes is $5,490,000 per person. This includes a $40,000 increase over the 2016 federal exemption based on an inflation adjustment. Such exemption may be used during lifetime or… more

U.S. Supreme Court Limits Choices for Patent Infringement Suits

A U.S. patent owner is now limited in where they can sue an accused patent infringer after the U.S. Supreme Court on Monday reversed a previous federal appeals court decision… more

Governor Scott Signs Public Records Bill: Relief for Florida Agencies

Florida public agencies have made tremendous efforts in training their staff to comply with their responsibility under the Florida Public Records Act. Unfortunately, one technical mistake has turned this law into the Lawyer’s Relief… more

Estate Tax Changes Past, Present and Future

I. INTRODUCTION - This outline is a selective and evolving review of the history of the modern federal estate tax. It originated during the attempts to repeal the estate tax in President Clinton’s second term and accelerated with… more

Are you ready for the Criminal Finances Bill 2017?

In December 2016 we considered the changes proposed by the Criminal Finances Bill (the Bill) in "All change for money laundering regulation? - Impact for the private equity industry." On 27 April 2017, the Criminal Finances Act 2017… more

Executive Order Establishes American Technology Council

On May 1, 2017, President Trump signed the Presidential Executive Order on the Establishment of the American Technology Council (the ATC EO). The ATC EO is intended to “promote the secure, efficient, and economical use of information… more

Supreme Court Restricts Patent Venue - Holding That A Domestic Corporation "Resides" Only In The State Of Incorporation

On May 22, 2017, the Supreme Court issued its long awaited opinion in T.C. Heartland L.L.C. v. Kraft Food Brands, L.L.C., No. 16-341 (U.S. May 22, 2017)—easily one of its most consequential rulings in patent law in several years. In an… more

Allergan, Inc. v. Teva Pharms. USA, Inc.

Case Name: Allergan, Inc. v. Teva Pharms. USA, Inc., 15-1455-WCB, 2017 U.S. Dist. LEXIS 4545 (E.D. Tex. Jan. 12, 2017) (Bryson, J.). Drug Product and Patent(s)-in-Suit: Restasis® (cyclosporine ophthalmic solution); U.S. Patents… more

The Financial CHOICE Act Is Approved by US House Financial Services Committee

On May 4, the Financial CHOICE Act (the FCA) — which was introduced to the House of Representatives on April 26 by Rep. Jeb Hensarling (Texas-5), and co-sponsored by seven of his Republican colleagues and referred for consideration to… more

Retailer Successfully Defends Text Messaging TCPA Claim

Earlier this month, the United States Court of Appeals for the Seventh Circuit in Blow v. Bijora upheld a lower court decision rejecting a plaintiff’s claim that she did not consent to receive text messages from the defendant retailer… more

Massachusetts Appellate Court Holds That No-Damages-for-Delay Clause Does Not Bar Claim for Schedule Compression and Affirms Award of Total Cost Damages

Central Ceilings, Inc. v. Suffolk Constr. Co., Inc., 2017 Mass App. Lexis 36 (March 29, 2017). The Massachusetts State College Building Authority contracted with Suffolk Construction Company (“Suffolk”) to serve as the general… more

Operationalizing Compliance: Part IV – Internal Audit

This week I am engaging in a week-long series on how a Chief Compliance Officer (CCO) or compliance practitioner might think about operationalizing a compliance program with other corporate functions and disciplines. I am joined in… more

Florida Administrative Judge Increases The Number Of Medical Marijuana Licenses By Two

While we wait to see if the Florida Legislature will call a special session to get regulations passed to implement Amendment 2, now comes news that a Florida Administrative Judge has ruled in favor of two growers who who had previously… more

Banking Cannabis Clients Under Canada’s Anti-Money Laundering Regime

Unlike the United States, where the sale of cannabis remains illegal federally, the sale of cannabis for medicinal purposes has been legalized in Canada. Following a recent announcement by the Canadian government, legislation has now… more

Politics in the Workplace

Employees are complaining that they are being discriminated against or harassed by management or other employees based on their political beliefs because an employee's political beliefs may relate to, or be intertwined with, their… more

Collection of Funds in Individual Retirement Accounts: Are They Really Exempt?

This article explores the assumption that IRAs are fully exempt from attachment by judgment creditors. Recently, Clark Hill argued that a judgment debtor's use of IRA funds for purposes that were not intended by Illinois exempt status… more

Mine Safety Agency Issues Close Call Accident Alert After Structural Failure

The Mine Safety and Health Administration issued a “close call accident alert” after a structural failure at a sand and gravel mine. MSHA said that a scrubber tower located at the mine structurally failed moments after a miner… more

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