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The CFPB Enforcement Action Against Navy Federal Credit Union and the Broad Sweep of UDAAPs

This past October, the Consumer Financial Protection Bureau (“CFPB”) took action against Navy Federal Credit Union, the largest credit union in the country. In doing so, the CFPB relied upon one of its favorite enforcement tools…more

CFPB proposes alignment of Regulation B and Regulation C requirements regarding collection of consumer ethnicity and race information

On March 24, the CFPB announced a proposal to amend Regulation B requirements related to the collection of consumer ethnicity and race information, in order to resolve the differences between Regulation B and revised Regulation C…more

Another Attempt to Control Rising Pension Costs in Pennsylvania Thwarted

In City of Allentown, the Pennsylvania Supreme Court ordered the City to implement an interest arbitration award which contained (among modifications to wages, sick leave, vacation, pension and overtime) a minimum staffing requirement…more

Corporate South Africa still not taking cybercrime seriously enough

The growing reliance of business on technology is driving an exponential growth in cybercrime – but companies in both the public and private sectors are not taking the threat seriously enough, says David Loxton, partner at law firm…more

It is Official: Fair Pay and Safe Workplaces Rule Comes to an End

Earlier this week, President Trump put the final nail in the coffin for the former administration’s “blacklisting” rule, officially known as the Fair Pay and Safe Workplaces Final Rule. The move means federal contractors will not be…more

Illinois “Right to Know” Bill Passed Out Of Senate Judiciary Committee; Moves To Illinois State Senate

On March 14, 2017, the Illinois Senate Judiciary Committee passed a bill requiring websites and apps to notify their Illinois customers of the types of personally identifiable information they collect, disclose and sell…more

Cyber Update: Five Tips from the Front Lines of Practice to Limit Your Company’s Losses from a Breach

We help companies prepare for, respond to, and clean up data breaches and related events. We are lawyers, but in this role, we often look over the shoulders of cybersecurity technical experts, who are advising companies on the nuts and…more

Louisiana Supreme Court Denies Writ Application in XXI Oil & Gas v. Hilcorp

On March 24, 2017, the Louisiana Supreme Court declined to consider the Louisiana Third Circuit Court of Appeal’s decision in XXI Oil & Gas v. Hilcorp. The Third Circuit’s decision involved the interpretation of Louisiana’s well cost…more

Smartphone Malware Up 400% in 2016

Here’s some more good news. Not really. According to a recent report by Nokia, malware infections against mobile devices were at an all- time high in 2016. Infections on smartphones rose almost 400 percent and represented 85…more

What DFS Cybersecurity Regulation Portends for the Compliance Practitioner

The state of New York’s Department of Financial Services (DFS) issued the first state-level regulations on cybersecurity for financial institutions with its Cybersecurity Requirements for Financial Services Companies release, which…more

Brexit: Three, two, one…we have lift off!

Yesterday was an historic day, as Prime Minster, Theresa May, formally triggered the two year ‘Brexit’ process. As commentators have reported, “there can be no turning back”. The Prime Minister has previously committed to protecting…more

Broadcast Issues/Programs Lists Due; Online Public File Reminder; Children’s Programming; Commercial Limits; and Class A TV Eligibility

By April 10, 2017, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during January, February and March…more

Higher Education Highlights - Spring 2017

On March 28, 2017, the United States Supreme Court was poised to hear Grimm v. Gloucester County School Board—a case slated to meaningfully impact the rights of transgender students under Title IX. The Court certified two questions…more

New York’s "No Credit Card Surcharge" Law Regulates Speech, SCOTUS Rules

New York's law prohibiting merchants from imposing a surcharge on credit card purchases (Section 518 of the state's General Business Law) regulates speech, thereby making the law subject to First Amendment scrutiny, the U.S. Supreme…more

Supreme Court Clarifies the Scope of Copyright Protection for Features of Useful Articles

The Supreme Court’s recent decision in Star Athletica L.L.C. v. Varsity Brands, Inc. clarifies that the original designs on useful articles, such as common household items and personal electronics, may be protected by copyright if they…more

Latest Amendments To The Law On Arbitration And The Civil Procedure Code

On February 27, 2017, Law No. 49-VI on Amendments to Certain Legislative Acts of the Republic of Kazakhstan in Relation to Issues of Improvement of the Civil Law, Banking Law and Improvement of Conditions of Business Activity was…more

FTC Approves Final Consent Order Allowing Enbridge and Spectra Merger

The Federal Trade Commission has approved the merger between Enbridge and Spectra, following the parties’ acceptance of certain terms designed to preserve competition between natural gas pipelines in the Gulf of Mexico. The FTC’s…more

FTC and NHTSA to Explore Vehicle Privacy and Security Issues

The Federal Trade Commission (FTC) and National Highway Traffic Safety Administration (NHTSA) are co-hosting a workshop on June 28, 2017, to explore the privacy and security issues raised by automated and connected vehicle…more

U.S. Supreme Court Agrees To Hear Securities Fraud Omissions Case

The U.S. Supreme Court will resolve a critical question governing the scope of liability in securities fraud cases which has split the circuit courts to date. The case, Leidos Inc. v. Indiana Public Retirement System, No. 16-581, is a…more

Event Insights: 2017 Georgia Partnership for TeleHealth Conference

The Georgia Partnership for Telehealth hosted another exceptional conference at the Jekyll Island Club Hotel on March 22–24, 2017. We were inspired by the speakers and vendors, enjoyed the environment, and valued getting to know other…more

Night Note: The 1st 100 Days

As the Trump Administration considers revision of NAFTA and other trade agreements, both the White House and House Democrats have announced their visions for future U.S. trade agreements. Last week, White House National…more

The Danger of Paying Finder’s Fees to Unregistered Broker-Dealers

We get asked from time-to-time whether it is advisable for issuers to pay fees to unregistered “finders” for introducing potential investors in the United States to the issuer in connection with securities offerings. The short answer…more

The Manager-in-Charge Regime: Ruffling feathers in the year of the Rooster?: Practical considerations for licensed corporations

On 16 December 2016, the Securities and Futures Commission (SFC) issued a Circular to Licensed Corporations entitled Augmenting the Accountability of Senior Management (Circular). At the heart of the Circular was the introduction…more

Brexit starts today – how will you respond?

In June 2016, when asked "Should the United Kingdom remain a member of the European Union or leave the European Union?", 52 per cent of those who voted said they wanted to leave: for "Brexit". Nine months, a Supreme Court appeal, two…more

An Empty Seat at the Table: Sovereign Immunity Bars Pre-Spill Act Liability

Earlier this week, the New Jersey Supreme Court clarified in NL Industries, Inc. v. State of New Jersey, (A-44-15) (March 27, 2017), that the State of New Jersey retains its sovereign immunity under the New Jersey Spill Compensation…more

New Healthcare Workplace Safety Prevention Laws Take Effect April 1, 2017, in California

Healthcare employers in California should prepare for a host of new workplace safety requirements, starting this weekend. California’s new healthcare workplace safety prevention law takes effect April 1, 2017. The scope of the…more

Proposals to Shake Up the UK IPO Timetable

The FCA seeks to improve transparency in the UK equity IPO process. The FCA is proposing significant reforms to the UK equity IPO process, in order to address its concerns that investors should be receiving better information…more

Alberta Announces Overhaul of Workplace Laws

Alberta’s government is taking the pen to the province’s workplace legislation. As announced on March 13, 2017, the Employment Standards Code (Employment Standards) and the Labour Relations Code (Labour Code) will be the subject…more

Potential Liability for Design Defect in Use of Button Cell Batteries

A recent Report and Recommendation by a Magistrate Judge in the United States District Court for the Western District of Pennsylvania may serve as a warning to companies that manufacture and supply products containing button cell…more

Selecting a Forensic Investigator: A How-To Guide

Many competent IT departments lack the expertise, hardware, or software to preserve evidence in a forensically sound manner and to thoroughly investigate a security incident. In-house counsel needs to be able to recognize such a…more

DW Healthcare Partners Closes Fourth Private Equity Fund at $295 Million

DW Healthcare Partners has announced it has closed its fourth PE fund (Fund IV) totaling $295 million. With the closing, the firm indicated it now has $800 million in total capital under management…more

Supreme Court Decides Expressions Hair Design v. Schneiderman

On March 29, 2017, the U.S. Supreme Court decided Expressions Hair Design v. Schneiderman, No. 15-1391, holding that New York General Business Law § 518, which prohibits merchants from posting a cash price and imposing a “surcharge” on…more

Destruction of Evidence, Cyberstalking and False Testimony: When Your Business Partner (and Romantic Partner) Behaves Badly

In this business dispute (Shawe v. Elting 2017 Del. LEXIS 61 [Del. Feb. 13, 2017]), the plaintiff – Phillip Shawe– appealed the Court of Chancery’s decision* sanctioning him for serious misconduct throughout a litigation with his…more

IRSST Publishes Report for Project on Development and Validation of Methods for Sampling and Characterizing Engineered Nanomaterials in Air and on Workplace Surfaces

On March 7, 2017, the Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST) published the final report for Project 2013-0059, “The Development and Validation of Methods for Sampling and Characterizing Engineered…more

A Rudimentary Resource Regarding Registration Rights

In any venture term sheet, an entire page (typically page 3 or 4, after the key terms we have discussed previously) will often be devoted to the concept of registration rights, which ultimately are addressed in an Investors’ Rights…more

Whack a Meme: Is It Possible to Contain (Let Alone Stop) the “Crying Jordan”?

Almost everyone (even my parents) has seen the Crying Michael Jordan meme popping up around the internet and social media. Crying Jordan has appeared in the standard meme form of photoshopped images and gifs but has also inspired…more

Is There a Correlation Between the Time Under Submission and the Result in Criminal Cases (2010-2016)?

Yesterday, we demonstrated that while affirmances generally are pending longer in California from grant of review to argument to decision, the evidence is more equivocal in Illinois, at least on the civil side. Today, we look at the…more

AbbVie’s Humira is the first to receive FDA approval for fingernail psoriasis

Today, AbbVie announced that the F.D.A. approved the inclusion of moderate to severe fingernail psoriasis data in the HUMIRA® (adalimumab) prescribing information for patients with moderate to severe chronic plaque psoriasis…more

House of Delegates Passes Bill To Preclude Condo Developers From Limiting Owners Construction Defect Claims

By a vote of 136-0, the Maryland House of Delegates approved a bill to protect condominium owners’ rights with regard to bringing construction defect claims against the project’s developer. House Bill 676 would prevent condominium…more

These Foolish Things – The Oddest Employment Issues of the Past Year

Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches, we pause…more

Brexit and the aviation industry: Up in the air?

The aviation sector is crucial to the UK economy. The UK government has said it wants to work with industry to ensure the sector remains “prosperous and open for business” post-Brexit. It seems likely that there will be some trade-off…more

The UK Supreme Court: Reintroducing ‘Flexibility’ or ‘Uncertainty’ into the Interpretation of Aggregation Clauses?

The UK Supreme Court has handed down its decision in AIG Europe Limited v Woodman and others [2017] UKSC 18. In doing so, the Supreme Court reversed the decision of the Court of Appeal. It found, broadly, for the insurer (AIG) in…more

Alberta Employers May Face Increased Unionization and Mandated Collective Agreements

On March 13, 2017, the Alberta government announced that it intends to change provincial employment and labour laws to reflect "modern" times. As part of this "modernization", the Minister of Labour announced a consultation and review…more

ARB Adopts GHG Emission Standards for Oil and Gas Facilities; Operators Wary of Costs

On March 23, 2017, the California Air Resources Board (“ARB”) adopted regulations for Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“Methane Regulations”). The Methane Regulations impose emission controls…more

Brexit - UK Files for Divorce From European Union: What Should Companies Do Now to Prepare?

Latest Developments - On 29 March 2017, the UK government delivered the formal notice to the other EU Member States that it is leaving the EU. The Brexit process is now formally under way. Companies of all sizes can and should…more

Star Athletica v. Varsity Brands: Supreme Court Rules Apparel Design Copyrightable

With regard to garments and fashion, the accepted wisdom historically has been that copyright does not protect garment designs. The Supreme Court just changed that in the case of Star Athletica v. Varsity Brands. Or did…more

What, Pray Tell, Is A “Foreign Corporation”?

Earlier this week, I wrote about Wellisch v. Pa. Higher Educ. Assistance Agency, 2017 U.S. Dist. LEXIS 40831 (N.D. Cal. Mar. 21, 2017). The issue was whether the defendant, Pennsylvania Higher Education Assistance Agency, was required…more

No Turning Back: The Brexit Process Begins

The following alert is directed to organizations with a presence in the UK or who anticipate the need to place talent at a UK work site. Seyfarth Synopsis: Yesterday, British Prime Minister Theresa May invoked Article 50, formally…more

Advertising Law - March 2017 #4

Ad Groups Push for FCC Privacy Rule Reversal - The drama surrounding the Federal Communications Commission's privacy rules continues. Part of an Order passed last year along party lines under former Chairman Tom Wheeler, the…more

Private Equity Compliance with ERISA: Navigating Manager Fiduciary Duties for Funds Holding ERISA Plan Assets

On February 28, Todd Solomon and Maureen O’Brien presented a Strafford live webinar, “Private Equity Compliance With ERISA: Navigating Manager Fiduciary Duties for Funds Holding ERISA Plan Assets”. ERISA imposes fiduciary obligations…more

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The MoFo@ITC Blog reports on the latest news, legal developments, trends, and statistics related to Section 337 patent infringement investigations at the International Trade Commission (ITC). We aim…

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