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Finding No Injury, First Circuit Tosses Deceptive Pricing Suits
In affirming the dismissal of a pair of deceptive-pricing class actions, the U.S. Court of Appeals, First Circuit, said the plaintiffs failed to demonstrate that they suffered any injury. In separate cases—one against Nordstrom Inc… more
[Video]Generosity & Authenticity in Business Development: Market Leaders Podcast with AceTech's Jodi Kovitz
Join David Ackert as he interviews Jodi Kovitz, CEO of AceTech Ontario, in this episode of the Market Leaders Podcast. Tune in to hear David and Jodi discuss: - How Jodi's tenure as a BD executive at Osler informs her coaching… more
Liability for field trips: Munn v. Hotchkiss and ticks, Costa v. Plainville and basketball, and are there really any new obligations for public schools?
Last Friday (August 11, 2017), the Connecticut Supreme Court issued a decision garnering significant press attention in which it ruled that 1) Connecticut public policy imposes a duty upon schools to warn or protect against the risk of… more
Total Eclipse of … Liability?
We don’t mean to darken anyone’s day—we want our clients and their employees to join in on the 2017 eclipse festivities as much as everyone else—but we need to alert you as to some issues and suggest some precautions for employers to… more
Are You Prepared for the Workplace Challenges That Will Rise With the Solar Eclipse?
Unless you have been living under a rock, you should know by now that on August 21, 2017, a total solar eclipse will cross the continental United States, coast to coast. While the entire country will experience a partial eclipse, a… more
2017 EY Survey Reports Steady Increase in Voluntary Audit-Related Disclosures
In its sixth annual report on voluntary audit committee reporting to shareholders, Ernst & Young observed “similar increases in voluntary audit-related disclosure as in the past several years, with steady growth in certain areas.” In… more
Report links US nuclear industry to national security
The U.S. nuclear energy enterprise is a key national security enabler, according to a report released this week by a new non-profit. The Energy Futures Initiative's report describes the domestic nuclear energy industry as playing… more
Lawyers: How to Turn Your Online Social Interactions Into Leads
Sam McKenna breaks down the who, how, and why social selling is worth your time, even lawyers… more
Recertifications of Size or Status: What Contractors Need to Know
Financial growth and success are important goals for every small business contractor. However, one potential pitfall of that success and continuous growth is eventually exceeding of the size standards attached to your company’s small… more
D.C. Adds Student Loan Servicer License to NMLS
On August 10, 2017, the District of Columbia Department of Insurance, Securities and Banking started accepting applications and transition fillings for the Student Loan Servicer License and Student Loan Servicer Branch License on NMLS… more
eSports League Expands with Addition of NFL Owners and Cloud9
Activision Blizzard’s Overwatch League gained two new teams this month as Stan and Josh Kroenke, owners of the Los Angeles Rams and numerous other professional sports franchises, and Jack Etienne, founder and CEO of American eSports… more
EPA’s Task Force Recommendations to Revamp and Expedite Superfund Cleanups and Process – A Welcome Change
While the Environmental Protection Agency’s (“EPA”) Superfund program under the Comprehensive Environmental Response and Liability Act or “CERCLA” has often been dubbed the “Comprehensive Employment and Retirement Lawyers Act,” due to… more
Cleo Daily, et al., v. City of Phoenix, et al.
Jones, Skelton & Hochuli Attorneys John Masterson and Justin Ackerman obtained a summary judgment on behalf of their client in a case involving a police shooting. On April 20, 2013, a man living in the complex, later identified as… more
Delaware Amends Data Breach Statute
Delaware has joined the growing list of states that have recently amended their data breach laws. With passage of the first significant amendments to its data breach law since 2005, Delaware continues a state-law trend of creating new… more
SELF DRIVE Act Moves Unanimously From House Subcommittee To The Full U.S. House Of Representatives
On July 27, 2017, the U.S. House of Representatives Energy and Commerce Committee unanimously approved the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act, or SELF DRIVE Act, on a 54-0 vote. The Act now… more
Pa. Supreme Court Upholds Trustee Replacement Rules
A recent Pennsylvania Supreme Court case clarified the ability of the beneficiaries of a trust to remove a corporate trustee. In a highly anticipated case, the Court unanimously refused to permit the beneficiaries of an irrevocable… more
Tracking down bad guys, online and off
Q.When we think of the words ‘corporate investigator,’ you don’t exactly fit our stereotype, yet that’s clearly what you are. What are we missing? What does a corporate investigator do these days?… more
Orrick's Financial Industry Week In Review
On August 8, 2017, the Federal Reserve Board and Federal Deposit Insurance Corp. extended the deadline for 19 foreign banks and two domestic bank holding companies to file their next round of "living wills" detailing how they can be… more
Another step forward filling in blanks in the cyber security law or more questions than answers?
Another step forward filling in blanks in the cyber security law or more questions than answers? On 11 July 2017, the China Cyberspace Administration ("CAC") released the draft Key Security ("Draft Regulations") for public… more
Foreign Investment in the U.S.: How The Trump Presidency Could Change Things
Twelve years have passed since publication of the article Uncle Sam Watches Nervously: Foreign Investment in U.S. Industries in 2004. That article discussed the review process under the Exon-Florio Amendment delegated to the Committee… more
Florida Property Owners: The Notice Of Proposed Property Taxes From Your County Property Appraiser-Beware Of Deadline For Appeal
What to Do with the Notice - Immediately open the Notice of Proposed Property Taxes and examine its contents for accuracy. The Notice contains column headings which include: - Taxing Authority - Your Property Taxes Last… more
Biofuel Industry Testifies At EPA Hearing On RFS Program
On August 1, 2017, the U.S. Environmental Protection Agency (EPA) held a public hearing to hear from all segments of the fuel industry on the proposed rule to set the 2018 renewable volume obligations (RVO) under the Renewable Fuel… more
Ontario Court Upholds Ruling Reducing Exaggerated Lien
The Ontario Superior Court of Justice (Divisional Court) recently released its decision in HMI Construction Inc. v. Index Energy Mills Road Corp., upholding a motion decision that reduces the security required to vacate liens… more
Sandia National Laboratories Studying Algae To Clean Polluted Water And Produce Biofuel
Sandia National Laboratories (Sandia) is investigating whether algae can be used to transform the Salton Sea, one of California’s largest and most polluted lakes, into a productive and profitable resource. The Salton Sea Biomass… more
EPA Releases Final Guidance on TSCA Section 8(a) Nanomaterial Reporting Rule
The Environmental Protection Agency (EPA) released the Working Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce (Guidance) on August 14, 2017. EPA developed the final Guidance based on a draft… more
High Time for Massachusetts Employers to Consider a Marijuana Use Policy
All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not changed, many… more
IRS Provides Guidance on Stock Distributions for Publicly Offered REITs and RICs
Revenue procedure sets forth requirements for ensuring certain stock distributions are treated as property distributions eligible for dividends paid deduction. On August 11, 2017, the Internal Revenue Service (IRS) published Revenue… more
Biocon Requests Withdrawal and Re-Submission of EMA Applications for it's Trastuzumab and Pegfilgrastim Biosimilars
As we’ve posted here, Biocon and Mylan are jointly developing a portfolio of biosimilars, including Fulphila (Pegfilgrastim) and Ogivri (Trastuzumab), and have filed applications for marketing authorization in the European Union (EU)… more
Loans to U.S. Subsidiaries Should Be Carefully Structured and Documented to Obtain U.S. Tax Benefits
Canadian companies should carefully structure and document loans and advances to their U.S. subsidiaries. If loans to U.S. subsidiaries are not properly structured and documented, such loans may be recharacterized as equity investments… more
Publication of BAT Conclusions for LCP in Europe
On 17 August 2017 the BAT Conclusions for Large Combustion Plants (LCP) were published in the Official Journal of Laws of the European Union. The BAT Conclusions for LCP mainly cover the energy and heating sectors… more
Tracking the Importance of Recusals in Criminal Cases (Part 2)
Yesterday, we began our review of the Court’s experience with recusals in criminal cases since 1994. Today, we review the second half of the data. In 2006, new Justice Corrigan recused in eleven criminal cases. Justice Chin… more
DOC Postpones Biodiesel AD/CVD Investigation Preliminary Determinations
On August 15, 2017, the U.S. Department of Commerce’s (DOC) International Trade Administration (ITA) announced in the Federal Register that the preliminary determination in the antidumping (AD) and countervailing duty (CVD)… more
What an FAA Extension Could Mean for the Drone Industry
In late June, both chambers of Congress introduced their own versions of a Federal Aviation Administration (FAA) Reauthorization bill. With Congress in recess for the remainder of August and the current FAA extension expiring at the… more
EIA Publishes February Biodiesel Production Report
On July 31, 2017, the U.S. Energy Information Administration (EIA) released its monthly biodiesel production report for May 2017. According to the report, U.S. biodiesel production increased by nine million gallons between April and… more
Labor Law Lessons From Our Favorite Films: Dirty Dancing
There are films with clear labor law undertones, such as On The Waterfront and Norma Rae. The National Labor Relations Act and its teachings, however, lurk in other pop culture examples. Thirty years ago, the romantic drama, Dirty… more
The Washington Supreme Court Addresses Meal Break Claims
The Washington Supreme Court case Brady v. Autozone recently addressed the standards that apply when a non-exempt employee alleges that an employer did not provide meal breaks. In short: it is now clear that if a lawsuit is brought… more
Another Key to HIPAA Compliance – Have Policies and Procedures and Implement Them, Too
On this blog, we have discussed the criticality of risk analyses – the assessment required by the Security Rule of the “risks and vulnerabilities” that an organization faces with respect to all of its electronic protected health… more
Court Holds That Former Broker Did Not Owe Fiduciary Duties To Client Regarding An Investment
In Holmes v. Newman, the plaintiff made an investment in a start-up internet company that provided betting tips to gamblers for a fee. No. 01-16-00311-CV, 2017 Tex. App. LEXIS 6177 (Tex. App.—Houston [1st Dist.] July 6, 2017, no pet… more
Joint IP Ownership Rights
New ideas, creations, and business ventures are often the product of collaboration. If lawyers had their way, a written agreement would precede every creative collaboration. Of course, this is not the case. Collaborators often do… more
Consumers beware: There’s lots of ugly in beauty products
The quest for beauty—whether skin deep or in the eye of the beholder—not only carries high costs. It also can be health risky. Jane Brody reminds us in the New York Times that due “to a lack of federal regulations, the watchword for… more
ITC Holds Section 201 Hearing on Solar Imports
On August 15, 2017, the US International Trade Commission (ITC) held a hearing to consider whether solar panels are being imported in such increased quantities that they are the “substantial cause” of serious injury or the threat of… more
This Week In Securities Litigation
The SEC filed an insider trading case this week based on three separate trading chains that netted $5 million in trading profits, all back to a New York City bank official. The Manhattan U.S. Attorney’s Office filed a parallel case in… more
Legal Malpractice Claims Level Off as Conflicts and Cyber Claims Rise
Statistics regarding the type, frequency and severity of legal malpractice claims submitted to insurers during 2016 were released at the end of June. From the law firm and attorney perspective, the news is generally good in that the… more
New OregonSaves Retirement Program Impacts Employers with Oregon Employees
On July 1, 2017, OregonSaves Retirement Program (“OregonSaves”) went into effect. OregonsSaves is sponsored by the State of Oregon, and is a state-run automatic Roth Individual Retirement Account (“IRA”) for private-sector employees… more
[Video]This Week in FCPA-Episode 66, the Take a Stand Edition
Jay and I return for a wide-ranging discussion on some of the week’s top compliance and ethics related stories, including: 1. The SEC charges KPMG and partner with blown oil and gas company audit. 2. BSRG raises its head again as… more
Changes to Foreign Affairs Manual and Developments in the Adjudications of Nonimmigrant Visas Signal Increased Scrutiny of Visa Petitions
Recent actions by the U.S. Department of State (DOS) and Citizenship and Immigration Service (USCIS) indicate that employers seeking to hire foreign workers will likely face a more stringent visa approval process… more
Excelsius GPSTM: Globus Medical Receives 510(k) Clearance for Robotic Surgery Platform
Globus Medical announced early yesterday that the Excelsius GPSTM surgical platform has received 510(k) clearance from the U.S. Food and Drug Administration (FDA), as reported by a press release dated August 17, 2017… more
The easiest mistake most 401(k) plan sponsors make
The road to hell is paved with good intentions and that’s how I feel when it comes sometimes to what a 401(k) plan sponsor does. Yet, there is an error that too many 401(k) plan sponsors do that the Department of Labor (DOL) has been… more
How To Be Happier at Work
Success doesn’t make you happy – happiness makes you successful. Numerous studies show that employees who are happy and feel respected at work are significantly more productive and less likely to look for new employment… more
The Self-Driving Turtle Wins the Race: Managing the Privacy and Security of Fast-Paced IoT Innovation
For today’s companies, navigating new paths to growth in the complex and evolving internet of things landscape requires innovative thinking and practical counsel. When it comes to a foolproof IoT roadmap, it is best to run a marathon… more
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