Latest Updates

ESOP Trends in the Marketplace

Over the years, employee stock ownership plans (ESOP) have evolved in many ways. Currently, ESOP transactions began to resemble traditional M&A transactions including financial structures, warrants and market rate sub-debt. In a recent… more

Public Comment Period Closes for FDA’s Draft Interchangeability Guidance

On May 19, 2017, the period for submitting public comments on the FDA draft guidance on biosimilar interchangeability closed (for a discussion of the FDA draft guidance click here). The draft guidance was published on January 17, 2017… more

IRS Issues New Rules for Management Contracts involving Tax-Exempt Financed Facilities

The Internal Revenue Service (IRS) issued Revenue Procedure 2017-13 (Rev. Proc. 2017-13) on Jan. 17, 2017. The procedure provides more flexible, modern rules for structuring management contracts involving tax-exempt financed… more

U.S.-China “100-Day Plan” On Trade

On April 6-7, 2017, President Trump hosted President Xi Jinping of China at Mar-a-Lago for the first meeting between the two leaders. The meetings covered a number of important topics including economic and trade issues, and the two… more

China Announces Amendments to Regulation on the Supervision and Administration of Medical Devices

On May 19, 2017, China’s State Council promulgated the amendments to the 2014 Regulation on the Supervision and Administration of Medical Devices (“the Amendments”), which became effective immediately. The Amendments clarify issues… more

Back to the Future: Supreme Court Narrows Patent Venue in TC Heartland Case and Returns Dispute to State of Incorporation or Where Defendant Has Regular and Established Place of Business

The Supreme Court on Monday substantially narrowed the district court venues available to patent owners seeking to sue for infringement. In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), the Supreme Court… more

California's "Day of Rest" Requirement

The California Supreme Court recently clarified the California Labor Code's requirement that employers must provide their employees a "day of rest" in Mendoza v. Nordstrom Inc., No. S224611 (May 8, 2017). The Labor Code prohibits an… more

New Belgian public procurement directives implemented

In view of the implementation of the new public procurement Directives, the Belgian government enacted the Royal Decree of 18 April 2017 on public procurement in the classic sectors as published in the Belgian State Gazette of 9 May… more

New York DFS proposes to restrict auto insurers' use of education and occupation as rating factors

The New York Department of Financial Services (DFS) has proposed a regulation restricting the use of education and occupation criteria by private passenger auto insurers in setting rates. The proposed DFS regulation implements a… more

Financial Services Weekly News - May 2017 #4

Editor's Note - Memorial Day. On Memorial Day, we will be celebrating the men and women whose service and sacrifice ensures the preservation of freedom and opportunity across the United States. Rather than summarize the developments… more

Supreme Court Rules Creditors May Pursue Claims for Stale Debt in Bankruptcy

With its recent opinion inMidland Funding, LLC v. Johnson, the Supreme Court has put to rest the question of whether or not filing stale claims violates the Fair Debt Collection Practices Act (“FDCPA”), determining that proofs of claim… more

Client Alert: Lease Drafting: Recover All Your Attorney Fees and Costs in an Eviction Action

As every landlord who’s successfully evicted a tenant knows, recovering all your attorney fees and litigation costs from the tenant often proves to be an unrealistic goal. Even with a creditworthy tenant or guarantor, there are costs… more

PHH v. CFPB En Banc Oral Argument Recap: Who Won?

The Skinny on the Scuffle - During the 1 hour and 36 minute debate held on May 24, the parties and the full D.C. Circuit Court engaged in a lively and passionate back and forth, mostly over the constitutionality of the Bureau. A… more

Appellate Court Vacates Federal Aviation Administration (FAA) Rule Requiring Recreational Drone Owners to Register with the FAA

On May 19, the United States Court of Appeals for the District of Columbia vacated the Federal Aviation Administration’s (FAA) Registration Rule as it pertains to model aircraft. The Panel’s opinion defined model aircraft as an… more

Last but Not Least, Texas Takes the Final Steps to Embrace Telemedicine

As one of the last states to retain highly restrictive (and arguably anti-competitive) telemedicine practice standards, health care providers, regulatory boards, technology companies, payors and other stakeholders have been actively… more

WIPO Re:Search Unveils New Strategic Plan for Fight Against Neglected Tropical Diseases, Malaria, and TB

On May 23, 2017, the World Intellectual Property Organization (WIPO) announced a new five-year strategic plan for WIPO Re:Search to guide that initiative's activities in the fight against neglected tropical diseases, malaria, and… more

FY2018 Massachusetts Budget Update: The Senate Ways and Means Budget

On May 16, 2017, the Massachusetts Senate Ways and Means Committee proposed a $40.791 billion FY2018 budget. The budget, which increases spending by 3.3% over FY2017 levels, spends $280 million more than Governor Charlie Baker’s… more

“Google” Still Not (Yet) Generic

Last week the U.S. Court of Appeals for the Ninth Circuit issued a significant opinion on the topic of genericness, Elliott v. Google, Inc., No. 15-15809. The opinion affirmed a federal district court’s grant of summary judgment that… more

China's Cybersecurity Law and Draft Implementation Rules

The law applies to all “network operators” and introduces cybersecurity mechanisms. On November 7, 2016, the Chinese government released a draft version of the Cybersecurity Law (CSL) that will govern China’s cyberspace effective… more

Wish Lists

Many groups have come forward in recent weeks with their lists of regulations that should be reviewed or amended, as well as their list of areas that merit close review in light of the potential burdens that may be imposed by current… more

MSHA Extends Effective Date of Final Rule on Examinations of Working Places in Metal and Nonmetal Mines to October 2, 2017

The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced on May 22, 2017, that it is extending the effective date of the agency’s Final Rule on Examinations of Working Places in Metal and Nonmetal Mines… more

Attention Contractors: The Right to Cure Act may still be alive!

Perhaps you forgot about it, or maybe you just gave up on it; regardless, you will be happy to hear that the Right to Cure Act just may be alive. In an Order dismissing Plaintiffs’ claims, entered in the Charleston County Court of… more

Bringing Your Dog to Work: Service Animals as Disability Accommodation

The reasonable accommodations for an employee’s disability that may be required by the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act can take many forms, including an employee coming to work each day… more

Picking Up the Post-Preemption Pieces

Parties often file motions in limine on fairly case-specific issues, building on the history of discovery and motions practice in the case. Applying a ruling on in limines from one case to another can be a dicey proposition as… more

Construction One-Minute Read: Allowance or Contingency?

While both relatively simple concepts, allowances and contingencies are often confused with one another. Conflating the two can lead to pitfalls… more

[Webinar] The Changing Landscape of Anti-Discrimination Laws and Workplace Policies in Light of the NLRB - June 8th, 1:00pm ET

This webinar will discuss some of the more discrete and growing areas of anti-discrimination law at the state and federal level. For instance, ban the box laws have become very popular at the state level to prevent discrimination… more

Arbitration Agreement Enforced on Behalf of Nonsignatory

Seyfarth Synopsis: The California Court of Appeal has utilized theories of equitable estoppel and agency to hold that an employee must arbitrate claims he asserted against an alleged joint employer, even though that defendant had not… more

SEC Stays ALJ Cases Subject to 10th Circuit Review

On Monday, May 22, the SEC stayed all its administrative proceedings assigned to an ALJ in which a Respondent has an option for review by the 10th Circuit. (Securities laws provide appellate review of SEC administrative proceedings in… more

CFTC Increases Anti-Retaliation Protections for Whistleblowers

On May 22, 2017, the Commodity Futures Trading Commission (CFTC or Commission) amended its whistleblower rules to enhance protections for whistleblowers against retaliation and assert its own authority to bring enforcement actions… more

Privacy Tip #89 - 10 Tips to Help Protect Your Senior Loved Ones’ Privacy

It is hard enough for middle agers like me to stay up on all the ways our personal information can be collected, accessed, used, disclosed, sold or stolen. It is even harder for our loved ones who are older, but not necessarily wiser… more

Banking on IT

The European Banking Authority (EBA) has published its consultation document on security measures for operational and security risks under the revised Payment Services Directive (PSD2). The WannaCry ransomware attack that swept… more

Commercial Division Partially Vacates ICC Arbitration Award in Artificial Sweetener Dispute

Justice Charles Ramos of the New York Commercial Division partially vacated an International Chamber of Commerce (“ICC”) arbitration award in a major legal battle between artificial sweetener giants NutraSweet and Daesang. Daesang… more

Federal Court Stands By Earlier Decision Holding Financial Institutions To Higher Standard Than Customers When Pursuing Data Breach Claims

On May 1, 2017, an Illinois federal district judge dismissed data breach-related claims brought by financial institutions against a grocer. The court distinguished the case from similar lawsuits aimed at Home Depot and Target and… more

Lawmakers Re-Introduce Bill to Overturn NLRB's Micro Bargaining Unit Decision

As expected, Senator Johnny Isakson (R-GA) has reintroduced a bill targeting the National Labor Relations Board's decision in Specialty Healthcare, 357 NLRB No. 83 (2011). The Representation Fairness Restoration Act (S.1217) would… more

When Can a School Search a Student’s Bag?

Last week the Ohio Supreme Court unanimously ruled that a school’s intrusive search of an unattended bag did not violate a student’s 4th Amendment right to be free from illegal search and seizures because the examination of the bag was… more

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

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Operating from six strategic locations — Anchorage, Beijing, New York, Portland, Seattle, and Washington, D.C. — Garvey Schubert Barer represents clients locally, nationally and internationally, with…

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