Latest Updates

Stakeholder Symphony: 4 Ways Orchestrated E-Discovery Cuts Costs, Delays, and Errors

New Tech, Old Tricks: New technologies, data types, applications, updates to the Federal Rules of Civil Procedure, case law – E-Discovery is evolving faster than ever. And while many legal teams are investing in e-discovery… more

Reflections on My Interview with Hui Chen on Compliance Program Effectiveness

Hui Chen left her job as in-house compliance counsel for the Justice Department at the end of June, and I had the good fortune to be the first person to interview her post-departure… more

Meat Market San Juan Agrees to Conciliate EEOC Age Discrimination Investigation

SAN JUAN, P.R. - Meat Market San Juan, LLC, a steakhouse in San Juan, P.R., has agreed to pay a monetary amount to unsuccessful job applicants and to maintain a workplace free of discrimination to resolve an age discrimination… more

Private Investors Account for a Quarter of Global Real Estate Transactions

Private investors are becoming an ever more integral part of the commercial real estate market; it has been reported (here) that they now account for over a quarter of all global commercial real estate transactions. Further to this… more

PTAB Terminates IPR Just Under the Statutory Wire

The patent statute requires the Patent Trial and Appeal Board (PTAB) to issue a final written decision within one year of instituting an Inter Partes Review (IPR). The recent case of Petroleum Geo-Services Inc. v. Westerngeo LLC… more

Show-Me State Gets Ready for Regulation Review and Rewrite

The Missouri Department of Insurance, Financial Institutions and Professional Registration ("DIFP") has announced a comprehensive review of its rules in accordance with Governor Eric Greitens’ Executive Order 17-03… more

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment action… more

Food & Beverage Litigation Update | July 2017 #2

GE Salmon Bill Introduced in U.S. Senate - A bipartisan group of U.S. senators has introduced a bill that would require labeling of genetically engineered (GE) salmon and independent scientific review of the U.S. Food and Drug… more

Bad Faith: District Court Remands Case Involving In-house Adjuster

Recently, the United States District Court in South Carolina closed the door on removal of insurance bad faith actions where the in-house, non-diverse, claims adjuster is a co-defendant. In Aung v. GEICO, C.A. No.: 9:17-CV-856-PMD… more

Artificial Intelligence and Learned Intermediaries

In the July 7, 2017, “Artificial Intelligence” issue of Science, we were intrigued by a short piece in the “Insights” section on “Artificial Intelligence in Research” that discussed the future use of autonomous robots in surgery… more

Eight-Figure Class Action Attorney Fee Award Dissolves in the Court of Appeals

There’s something uniquely interesting about judicial opinions involving class action attorneys’ fees. For class counsel, it’s the culmination of years of work… more

New “Site Neutrality” Proposed Rule Would Slash Hospital Outpatient Payments for Off-Campus Services by 50%

In a proposed rule published in the Federal Register on July 21, 2017, the Centers for Medicare & Medicaid Services (“CMS”) moved to cut payments for most services provided by off-campus locations of hospitals by 50 percent. CMS would… more

Bienvenidos a Colombia: A Friendly Market for Foreign Reinsurers

By comparison to other jurisdictions, international reinsurers have easy access to the Colombian market. While the access to underwriting risks is not as limiting, it is not boundless. Colombia has delineated requirements for… more

U.S. Patent Legislation: The STRONGER Patents Act of 2017

In June, three democratic senators (Chris Coons from Delaware, Dick Durbin from Illinois, and Mazie Hirono from Hawaii) and one republican senator (Tom Cotton from Arkansas) introduced the “STRONGER Patents Act of 2017.” One of the… more

Your Daily Dose of Financial News

The DOJ is dismissing charges against former JPMorgan employees allegedly mixed up in the London Whale trading scandal that cost JPM more than $6 billion… more

German Government Amends German Foreign Trade and Payments Ordinance to Widen Control of Foreign Takeovers of Critical German Companies

On July 12 the German federal government adopted important amendments (the amendments) to the German Foreign Trade and Payments Ordinance (the Ordinance), allowing for wider control of foreign corporate takeovers with a view to… more

Trump’s NLRB Picks Advance in the Senate

As you may recall, we recently wrote about President Trump nominating William Emmanuel and Marvin Kaplan to fill the vacant seats on the National Labor Relations Board (NLRB). If confirmed by the U.S. Senate, these candidates would… more

A Ban on Ban-the-Box Laws? Texas and Indiana Introduce Legislation That Would Prohibit Municipal and County Ban-the-Box Laws Within Their States

Seyfarth Synopsis: In recent years, numerous cities and counties have enacted ordinances restricting the ability of public and private employers to inquire into the criminal histories of applicants during various stages of the job… more

Germany: Recent Amendments on Review of Foreign Investments - Steps to Take When Making an Investment in Germany

The German government agreed last week to amend the German Foreign Trade and Payments Ordinance (AWV) to address potential concerns raised by foreign investments in certain sectors of the German economy. The amended AWV identifies… more

It’s a Partnership! No, It’s an LLC! No, It’s Both!

In 1981, three partners formed a general partnership to own and operate a rental property. Their partnership agreement fixed a 30-year term, to 2011. In 2003, the partners formed a new LLC maintaining the same ownership percentages as… more

SAS Files Opening Brief in Supreme Court Opposing “Partial” Final Written Decisions

On July 20, SAS Institute, Inc., represented by Jones Day, filed its opening brief in the Supreme Court. SAS’s brief amplifies the arguments, initially set forth in its petition for certiorari and reply brief in support of certiorari… more

Foreign Partner Not Taxable on Partnership Sale

Private equity and venture capital funds often invest in portfolio companies that are formed as partnerships or limited liability companies. But these investments create certain problems for foreign limited partners (LPs) in the form… more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 14, 2017

Cloud Computing - • Use this to convince your clients that their cloud storage may be discoverable: Open Text Corp. v. Grimes, 2017 WL 2733937 (D. Md. June 26, 2017) (Noting earlier entry of an agreed order requiring a party to… more

Virginia Opens the First UAS-Dedicated Runway

Governor of Virginia, Terry McAuliffe, recently cut the ribbon on a new runway in Virginia dedicated solely to unmanned aerial systems (UAS or drones). The Mid-Atlantic Regional Spaceport’s UAS Airfield is a 3,000-foot runway for UAS… more

Recent Cases Demonstrate Need for Blockchain

A recent Delaware bill is poised to allow private Delaware corporations “use networks of electronic databases (examples of which are described currently as “distributed ledgers” or a “blockchain”) for the creation and maintenance of… more

Arizona Corporation Commission Making Progress on New Utility Policies Affecting Water Loss, CIAC and CC&Ns

The Arizona Corporation Commission is addressing new policies that could affect a variety of regulated utilities in Arizona in the near future. The policies are intended to provide guidance on issues that are often points of contention… more

Cold calls in hot water: Hong Kong consultation paper on P2P telemarketing

Businesses may often use peer-to-peer ("P2P") telemarketing calls involving interpersonal communication to promote goods and services directly to customers. While such calls may be effective in some cases, they appear to be not so… more

Advertising Law - July 2017 #3

Twitter Working to Limit Fake Stories, Accounts - In an effort to combat fake accounts, false stories and other abuses, Twitter is considering the use of a new feature to let users flag Tweets that contain misleading, false or… more

USAO Moves To Dismiss Charges Related To London Whale

The saga of the London Whale appears to be drawing to a close. The Manhattan U.S. Attorney’s Office moved to dismiss charges against two former JP Morgan derivatives traders who were colleagues of Bruno Iksil, the London whale… more

Health Saving Accounts: An Underutilized Opportunity in a Time of Uncertain Healthcare Changes

Regardless of whether there will be revisions to, repeal of, or no changes at all to the Affordable Care Act, patients will most likely continue to have a larger financial responsibility for their medical care… more

Court Rules that Plaintiff’s Request for Data from Defendant is “Extraordinarily Burdensome”: eDiscovery Case Week

In Solo v. United Parcel Services Co., No. 14-12719 (E.D. Mich. Jan. 10, 2017), Michigan Magistrate Judge R. Steven Whalen agreed that the defendant showed that the level of data requested by the plaintiff “would be extraordinarily… more

The Federal Government takes aim at private corporations and their shareholders

On July 18, 2017, the Federal Government released a package of tax measures aimed to “improve fairness”, “close loopholes” and limit tax planning strategies that involve the use of private corporations. The suite of measures represents… more

Beware: Broad New CA County and City Authority To Impose Transfer Tax on Entity Interest Transfers

The California Supreme Court has just granted broad authority to counties and cities to impose documentary transfer tax (“DTT”) on certain transfers of interests in legal entities. Before June 29, 2017, tax practitioners’ prevailing… more

State Programs to Encourage Zero-Emitting Generation Are Constitutional

Late last month, the 2nd Circuit Court of appeals rejected a challenge to Connecticut laws intended to encourage use of renewable energy. Earlier this month, Judge Manish Shah, of the Northern District of Illinois, issued a companion… more

OIG Unveils New Work Plan Process: Assessing the Impact on Compliance Risk Assessment

On June and July 17, 2017, the Department of Health and Human Services, Office of Inspector General (OIG) released new Work Plan initiatives and, in doing so, announced its intent to update its Work Plan monthly, in lieu of a bi-annual… more

Another New I-9 Form Becomes Mandatory September 18, 2017

It was only six months ago that the new fillable I-9 for went into effect, but just this week (July 17, 2017) U.S. Citizenship and Immigration Service published a new version, deleting the November 16, 2016, version from its website… more

CFPB Adopts TRID Rule Amendments and Proposes to Address Black Hole Issue

As we reported previously, the Consumer Financial Protection Bureau (CFPB) recently issued long-awaited amendments to the Truth in Lending Act (TILA)/Real Estate Settlement Procedures Act (RESPA) Integrated Disclosure (TRID) rule, also… more

Supreme Court Issues Two Rulings Interpreting FDCPA

The Supreme Court recently issued two rulings interpreting various sections of the Fair Debt Collection Practices Act (FDCPA) in favor of creditors and certain debt buyers. The FDCPA protects debtors from unfair collection practices by… more

Popular ATVs Going Up in Flames

Popular all-terrain vehicles (ATVs) and recreational off-highway vehicles (ROVs) manufactured by Polaris Industries are putting riders at risk for serious injuries and even death. Although the company has recently issued a slew of… more

Dallas Court Reverses Enterprise v. ETP Verdict, Reaffirming Efficacy of Conditions Precedent

On July 18, 2017, the Dallas Court of Appeals (the “Court”) reversed the more than $535 million jury verdict against Enterprise Products Partners L.P. (“Enterprise”), leaving Energy Transfer Partners, L.P. (“ETP”) empty-handed. That… more

New York Workers’ Compensation Board Releases Final Regulations for Paid Family Leave Law

Seyfarth Synopsis: The final regulations were released for the New York Paid Family Leave law, which will be effective January 1, 2018. The regulations contain few substantive changes from the revised proposed regulations, and many… more

U2 Seeks Dismissal of “The Fly” Infringement Suit

Earlier this year, a songwriter sued the members of U2, claiming that the U2 song, “The Fly” from the 1991 album “Achtung Baby,” infringed the songwriter’s 1989 song “Nae Slappin.” The plaintiff songwriter, Paul Rose, claims that he… more

FTC Chronicle: “Lessons Learned” from the Agency’s Data Breach Investigations

The Federal Trade Commission (FTC) – often criticized for not providing clear guidance as to what the agency considers reasonable data security – announced on Friday that it would publish a weekly blog discussing “lessons learned” from… more

Tariff Charge reduction for electric vehicles

The past 29th of June of 2017, the Ministry of Commerce, Industry and Tourism issued Decree 1116 of 2017, by which it established the following tariff charges..… more

CFPB Suffers Setback in RESPA Lawsuit

A District Court in Kentucky recently rejected the Consumer Financial Protection Bureau’s (“CFPB”) claim against a law firm brought under the Real Estate Settlement Procedures Act (“RESPA”), granting the law firm summary judgment in… more

Chris Froome Wins Tour Again; Maintenance and Compliance

Just as he did in 2013, in 2015 and in 2016, Kenyan-born British cycling star Chris Froome crossed the finish line in Paris wearing the Yellow Jersey as this year’s winner of the Tour de France. As reported by Chris Chavez, in Sport… more

Republicans File Congressional Review Act Challenge to CFPB’s Arbitration Rule

As LenderLaw Watch previously reported, on July 10, 2017 the Consumer Financial Protection Bureau (CFPB) released its Arbitration Rule, which blocks the use of mandatory arbitration clauses in consumer financial products and services… more

Updated Guidance for Teaching English Learners in Pennsylvania

New state guidance released this month more clearly fleshes out a school’s responsibility toward its English learners and the rights those students have. The new guidance from the Pennsylvania Department of Education issued in a… more

Ninth Circuit Relies on Escobar to Revive False Claims Act Suit Against Pharmaceutical Manufacturer

On July 7, 2017, the U.S. Court of Appeals for the Ninth Circuit reversed a federal district court’s dismissal of a False Claims Act (FCA) whistleblower suit in United States ex rel. Campie v. Gilead Sciences, explaining that the… more

2017 Employment Legislation Summary

In its 2017 session, the General Assembly passed a number of new laws affecting employers. Except as otherwise noted, the changes are effective October 1, 2017. The following material summarizes these new laws, but the specific… more

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