Latest Updates

U.S. Supreme Court Rules for Immigrant Who Received Bad Advice from Lawyer

On Friday, June 23, 2017, the U.S. Supreme Court ruled in favor of a green card holder who pleaded guilty to a crime based on faulty advice from his attorney. Jae Lee, 48, told the high court that he pleaded guilty to a crime based on… more

Supreme Court Rules “Disparagement Clause” of the Lanham Act Unconstitutional

On June 19, 2017, the Supreme Court ruled that the 70-year-old federal ban on offensive trademarks is unconstitutional. The “disparagement clause” of the Lanham Act prohibits registration of trademarks “which may disparage . . . or… more

Article I, Section 27 Rights Strengthened In Recent PA Supreme Court Decision

In a majority decision issued June 20, 2017, with a complement of new Justices, the Pennsylvania Supreme Court issued a ruling placing further emphasis on the importance of Article I, Section 27 of the PA Constitution. The decision… more

A Patchwork Quilt of Regulations for Self Driving Vehicles – No Way, Says Congress!

Big news! Next week, on June 27th, a Subcommittee of the House Committee on Energy and Commerce will hold a hearing to discuss “Self-Driving Vehicle Legislation.” As reported by Wired, “last week, the Senate published bipartisan… more

Commission Adopts Administrative Order to Implement Electronic Payment of Compensation

At the June 19, 2017 Business Meeting of the Full South Carolina Workers’ Compensation Commission, the Commissioners adopted an administrative Order pending changes to the regulations of the Commission to implement the option of… more

Blog: Introduction to Europe’s General Data Protection Regulation

What is it? The General Data Protection Regulation (GDPR) is a European law that will govern how companies (whether EU-based or not) use personal data. It replaces the existing law on use of personal data and comes into force on 25… more

Delaware and Oregon Join the Movement Banning Employers from Making Salary History Inquiries

Delaware and Oregon have joined Massachusetts and other local jurisdictions (like New York City, Philadelphia and Pittsburgh (currently in litigation)) by enacting laws that prohibit employers from inquiring about the salary histories… more

Using Demonstratives To Effectively Communicate Complex Business Cases To A Jury

Business attorneys understand that complex business litigation involves complex issues, usually encompassing voluminous amounts of complicated financial data in the form of balance sheets, income statements, and cash flow summaries… more

Not for the Taking: In Murr v. Wisconsin, the Supreme Court Rules that Two Lots Be Considered as a Whole

On June 23, 2017, the U.S. Supreme Court held that there was no compensable taking of Petitioners’ property in Murr v. Wisconsin. Petitioners who own two adjacent lots along a waterfront in Wisconsin were not deprived of all… more

EQT/Rice Merger Marks Turning Point For Regional Downstream Opportunities In The Appalachian Basin

EQT’s announcement last week of its acquisition of Rice Energy marks the end of one phase and the beginning of another in the epic U.S. shale revolution. Marcellus 1.0, as I like to refer to it, was mainly about rapidly amassing scale… more

REMINDER – Chicago Minimum Wage Increases Again And Cook County Minimum Wage Begins Starting July 1st 2017

On July 1, 2017, Chicago’s Minimum Wage increases to $11.00 per hour for non-tipped employees and $6.10 for tipped employees (Chicago Municipal Code §1-24). Cook County’s new minimum wage is $10.00 per hour for non-tipped and $4.95 for… more

An Early Look at the Impact of Oil States

On June 12, 2017, the Supreme Court granted certiorari in Oil States Energy Servs. LLC v. Greene’s Energy Grp., LLC, No. 16-712 (U.S. Jun. 12, 2017). The Supreme Court will review whether the Constitution permits the PTAB, a… more

Biofuel Industry Sends Letter On RVP To Senate Environment And Public Works Committee

On June 12, 2017, 28 companies representing the advanced and cellulosic biofuel industry sent a letter to the members of the Senate Environment and Public Works Committee requesting their support for the Consumer and Fuel Retailer… more

NY Supreme Court Decides Interesting Habeas Corpus Argument

A little lite reading for Friday. In the Matter of Nonhuman Rights Project, Inc., v. Lavery, decided June 8, 2017 by the New York Supreme Court, First Judicial Department, the Court considered the lower court’s judgment declining to… more

Not A Minor Issue! FTC Updates COPPA Compliance Plan

This week, the Federal Trade Commission (FTC) updated its guidance for businesses on complying with the Children’s Online Privacy Protection Rule (COPPA) . If a website operator or operator of online services collects personal… more

Background Checks by Province: What Employers Need to Know

Background screening job candidates is an important part of an employer’s recruitment process. There are several different background checks that are generally permissible in Canada, but employers must tread carefully… more

FCC Will Revisit Building Access Rules

The FCC voted unanimously yesterday to adopt a Notice of Inquiry (“NOI”) that may have a profound impact on the delivery of communications services in residential and commercial buildings, shopping malls and other multiple tenant… more

Proposed Rules Aimed at High-Risk Brokers Confirm FINRA Push for Firms to “Do Their Part”

Financial Industry Regulatory Authority (FINRA) President and CEO Robert Cook spoke earlier this month at Georgetown University’s McDonough School of Business, where he outlined several proposals to further what he called one of… more

Supreme Court Decides Perry v. Merit Systems Protection Board, No. 16-399.

On June 23, 2017 the U.S. Supreme Court decided Perry v. Merit Systems Protection Board, holding that when the Merit Systems Protection Board dismisses a government employee’s “mixed case” (a case where the employee claims that an… more

[Video]FCPA Compliance Challenges & New Lines of Defense

In part one of a two part interview, Joe Spinelli, Senior Managing Director, Kroll, addresses the recent Kroll-Ethisphere Anti-Bribery and Corruption Benchmarking Report. In this interview Joe focuses on: *The need and value of… more

New York Institutions: Annual Certificates of Compliance With Education Law Articles 129-A and 129-B Due at NYSED by July 1

It’s that time of year again! Just a friendly reminder that New York colleges and universities must file their Article 129-A and Article 129-B of the Education Law Certification of Compliance with the New York State Education… more

Governor Hogan Signs Law to Require Notice to Homeowners of Sales of a Common Element or Common Area

Maryland Governor, Larry Hogan, has signed into law legislation passed in the General Assembly that requires a condominium council of unit owners or a homeowners association to provide at least 30-days notice to all owners of any sale… more

Second Circuit Provides Businesses with a Powerful Defense to TCPA Revocation Claims

In a watershed ruling for businesses facing the recent onslaught of Telephone Consumer Protection Act (TCPA) claims, the Second Circuit Court of Appeals held that consumers cannot revoke their consent to receive automated or… more

[Audio]Larry Sonsini, Chairman of Wilson Sonsini, in Conversation with @HsuUntied

Today, my guest is Larry Sonsini, Chairman of Wilson Sonsini Goodrich & Rosati. After graduating from Boalt Hall (Berkeley Law) in 1966, Larry decided to join John Wilson to work with Silicon Valley startups and has since gained… more

U.S. Supreme Court Issues Anti-Forum Shopping Jurisdictional Decision

As anticipated, the just-released U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court, No. 16-466, 2017 WL 2621322 (U.S. June 19, 2017), establishes an important limitation in the law of personal jurisdiction… more

Pitfalls a 401(k) Sponsor Can Avoid With Plan Providers

While much of the focus concerning the liability of sponsoring a 401(k) plan is about plan expenses thanks to the many lawsuits filed against plan sponsors. However for most plan sponsors, the greatest liability they actually face is… more

Rare Court Case Sheds Light on U.S. Sanctions Enforcement

It is rare for companies to go to court to fight penalties imposed by the Office of Foreign Assets Control (OFAC) for violations of U.S. sanctions. It is even more rare for a court to make any sort of finding against the agency. Yet… more

Siding with The Slants: Ban on Disparaging Marks Held Unconstitutional

Asian rock band The Slants is no longer "The Band Who Must Not Be Named," as they titled their most recent album. On June 19, 2017, the United States Supreme Court decided Matal v. Tam, striking a provision of the Lanham Act, which was… more

Department of Labor withdraws joint employer guidance

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most commonly… more

U.S. Supreme Court Tightens Criteria for Revoking Citizenship

The U.S. Supreme Court has ruled unanimously that naturalized American citizens cannot be stripped of citizenship if a lie or omission in the application process was irrelevant to the government’s decision to approve the naturalization… more

Seventh Circuit Limits Ability to Moot Claims of Class Representative in the Wake of Campbell-Ewald

On June 20, 2017, the Seventh Circuit ruled that a defendant cannot moot the individual claims of a putative class representative by depositing an unaccepted settlement offer with the court covering all relief purportedly owed to that… more

European Court of Justice Upholds Use of Evidence from Noncompetition Authority

The European Court of Justice ("CoJ") has upheld the European Commission's use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April 27, 2017… more

The Better Care Reconciliation Act: Similarities to House Health Care Bill, Preserves Parts of ACA

On June 22, 2017, Senate Republicans released a draft of the Better Care Reconciliation Act (BCRA), their much-anticipated version of the legislation to "repeal and replace" the Affordable Care Act (ACA). Despite rumors of a re-write… more

Eastern District of Texas Latest Court to Criticize "Subject To" Language in Discovery Objections

The Eastern District of Texas recently criticized a party's statement in its written discovery responses that it would produce documents "subject to" its objections. See Realpage, Inc. v. Enterprise Risk Control, LLC, No… more

Missed opportunity: Federal Circuit Again Offers No Clarifying Insight on Alice’s Two-Step Framework

On June 16, the Federal Circuit upheld the District Court’s decision in The Cleveland Clinic Found. V. True Health Diagnostics. Plaintiffs brought suit alleging Defendant infringed three patents (U.S. Patent Nos. 7,223,552;… more

Are We Ever Going to Get OSHA Guidance from the Trump Administration?

No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica standard, or a… more

Financial Services Quarterly Report - Second Quarter 2017: Increasing Focus on European ETFs

The rise of passive investment strategies and the growing momentum of investment in exchange-traded funds (ETFs) has not gone unnoticed by European regulators. The Central Bank of Ireland (Central Bank) recently released a fact-finding… more

False Claims Act: Circuit Court Questionably Construes Scienter Requirement

The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion addressing the False Claims Act's intent requirement. U.S. ex rel. Phalp v. Lincare Holdings, Inc., No. 16-10532, ___ F.3d ___ (11th Cir. May 26, 2017). In… more

Germany Permits Automated Vehicles

On 21 June 2017, Germany enacted a bill legalizing automated vehicles ("AV Bill"). The AV Bill modifies the current Road Traffic Act and defines the requirements for highly and fully automated vehicles to use public roads. It further… more

FCA Deeper Dive: Original Sources under the FCA’s Public Disclosure Bar

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we continue to… more

RAMP Certification Requirements: Expanded Enforcement Looming

As a result of the new laws enacted last year, anyone who serves or sells alcoholic beverages in Pennsylvania must be RAMP certified.  A Pa.L.C.B. e-mail advisory clarified these new laws.  Under the Pa.L.C.B. advisory, bartenders… more

Supreme Court Ruling Curtails Forum-Shopping

On Monday, the U.S. Supreme Court placed new limits on where lawsuits may be filed. In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16–466 (June 19, 2017), the justices, in an eight – one decision, overturned the… more

Tax Law Changes in Saudi Arabia

On June 11, 2017, the Saudi Arabian Excise Tax Law ("Excise Tax Law"), as enacted by Royal Decree No. M/86 and dated 27/8/1438 H / May 23, 2017, came into force in Saudi Arabia. The new law implements the GCC Unified Selective Tax… more

Privacy Perils: Don't "Play" Around with Some Google Apps

A group of researchers at the University of Michigan has discovered that hundreds of applications in Google Play, whose function is to turn Android phones into a server that allows the user to connect their phone directly to their home… more

SCOTUS Addresses Scope of 'Specific Personal Jurisdiction'

The Supreme Court addressed the scope of so-called “specific personal jurisdiction,” on Monday, as applied to major corporations, strengthening defendants’ potential arguments at the motion to dismiss stage. Bristol-Myers Squibb v… more

Supreme Court to Decide the Constitutionality of Inter Partes Review

In a move that could drastically change the patent law landscape, the United States Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group LLC, No. 16-712, to answer the question whether… more

“I googled it”: Generic Words and Trademark Rights

A registered trademark can suffer "genericide" if it becomes so commonly used that it transforms from a unique brand name into a generic word which is synonymous with a product or service… more

Red Light for New Activist Strategy

Earlier this month, General Motors ("GM") won a decisive victory in a proxy contest waged by Greenlight Capital, the activist fund headed by David Einhorn. Greenlight claimed that GM's shares, which were trading at a price barely above… more

Providing a Service Alone is not Contributory Infringement

In the Cleveland Clinic Foundation v. True Health Diagnostics LLC, [2016-1766](June 16, 2017), the Federal Circuit affirmed that the asserted claims of U.S. Patent Nos. 7,223,552; 7,459,286; and 8,349,581 are not directed to… more

Supreme Court Holds that First Amendment Protects Disparaging Trademarks

This week, the U.S. Supreme Court emphasized the importance of broad free speech protection in striking down a statute that allows the U.S. Patent and Trademark Office (USPTO) to refuse registration of disparaging trademarks. Although… more

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