Latest Updates

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

Protecting Communications From PR Privilege Issues

Two recent cases in state appellate court show the risks of sharing privileged communications with public relations consultants. But they also provide practical guidance on how to protect the confidentiality of attorney-client… more

Medical Marijuana 101: The State of the Law in NY

This blog post will be the first in a series of articles discussing the current state of the law in New York regarding medical marijuana. There’s no denying that one of the hottest topics in health care law these days is the… more

Did You Know?

NMLS Release 2017.2.1 - The NMLS Release 2017.2.1 has been targeted for July 24, 2017… more

This is Why the Number of Employees You Have Matters in Employment Law

There are many confusing aspects of employment law — not the least of which is that certain laws only apply to employers of a certain size. For example, the federal age discrimination law, ADEA, only applies to a business if it has… more

Northern District of California Partially Dismisses "Defeat Device" Claims Against Volkswagen For Failure to Plead Scienter

On July 19, 2017, Judge Charles R. Breyer of the United States District Court for the Northern District of California partially dismissed a putative class action against Volkswagen Aktiengesellschaf (“VW AG”), Volkswagen Group of… more

Projects and Energy Weekly Snippets

Weekly projects and energy updates in South Africa - Climate change impacts global energy system, says Shell boss - The CEO of Shell, Ben van Beurden, has noted the importance of taking a global perspective on tackling climate… more

Keeping Up With The Kopyrights

Kendall and Kylie Jenner are beefing with the late Tupac Shakur. The Jenners are not singers or rappers (yet), but they do have a fashion line, the “Kendall + Kylie” brand. The famous sisters’ company used images of the late rapper on… more

How to spot PEPs and what to do with them – the FCA's Finalised Guidance 17/5

The guidance issued by the FCA in FG 17/5 (the Guidance) is likely to make a significant difference to the way in which firms identify and manage their relationships with politically exposed persons (PEPs). The FCA has used the… more

AIM – New Rules in the Pipeline for the London Stock Exchange’s Growth Market?

The London Stock Exchange has published a wide-ranging discussion paper on possible changes to its AIM rule books. The paper’s main areas of focus include the admission criteria for AIM, ensuring consistency of approach between… more

Reorganization Of Insolvent Corporations: Has A New Day Dawned? Nope

Withdrawal of Proposed Regulations- Earlier this year, the President directed the Secretary of the Treasury to review all “significant tax regulations” issued on or after January 1, 2016, and to take steps to alleviate the burden of… more

Attempt to Avoid Ohio Supreme Court’s Ruling in Corban Rejected by Federal Court in Ohio

After the Ohio Supreme Court’s September 15, 2016, decision in Corban v. Chesapeake Exploration, L.L.C., 2016-Ohio-5796, held that the 1989 Ohio Dormant Mineral Act was not self-executing – meaning that the surface was not… more

MiFID II Toolkit for Global Investment Managers

Changes to the MiFID II regulatory regime will impose new obligations on many global investment managers that, to date, have avoided substantive regulation in the European Union ("EU"). While the precise scope of these obligations… more

Medical Marijuana Usage Protected Under Massachusetts Handicap Discrimination Law

In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for marijuana in… more

Ten Tips For Actions By A Covered Entity After A HIPAA Breach By A Business Associate

This blog recently discussed tips for a covered entity (CE) in dealing with a HIPAA business associate (BA). Now, even though you have adopted all of the tips and more, in this dangerous and ever more complex data security world, one… more

Massachusetts Appellate Tax Board Denies Multiple Points of Use Sales Tax Refund Claims

The Massachusetts Appellate Tax Board (“ATB”) has issued an order denying three sales tax refund claims involving multiple points of use (“MPU”) sourcing. In each case, vendors had filed refund claims arguing that their customers were… more

It's Not About The Money: Prepare For "Destruction Of Service" Attacks

Computer networking giant Cisco says the recent WannaCry and Petya/NotPetya incidents signal the advent of a new generation of cyberattacks that is aimed more at mass disruption than financial gain. The new breed of “Destruction of… more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 18

The Senate Appropriations Committee Did Three Things This Week: Marked up the FY2018 Energy and Water Development Appropriations Bill, a measure to fund the nation’s priorities for energy development, research, and water… more

Third Circuit Rules “McCarthy Test” Determines Ownership of Unregistered Trademarks

The Third Circuit has held that where a manufacturer and its exclusive distributor have no written contract designating which party owns an unregistered trademark, the “McCarthy test,” rather than the “first use test,” should be used… more

House Passes Energy Legislation

Last week, the U.S. House of Representatives passed a series of energy bills, including several aimed at advancing the nation’s pipeline infrastructure. Meanwhile, efforts to revive more comprehensive energy legislation – considered… more

Second Circuit Applies More Lenient “Motivating Factor” Standard to Employee’s FMLA Retaliation Claim

In an opinion issued July 19, the Second Circuit vacated a jury verdict in favor of the employer, ruling that the district court judge had instructed the jury to use an incorrect standard of proof under the Family and Medical Leave… more

How to Open the Door to Chancery

Sometimes more is not a good idea. That is the case when a complaint alleges multiple bases to invoke the jurisdiction of the Delaware Court of Chancery, but still fails to sustain that subject matter jurisdiction. The recent decision… more

Hearings This Week

Senate Environment and Public Works Subcommittee on Clean Air and Nuclear Safety hearing on “Developing and Deploying Advanced Clean Energy Technologies.” Date: Tuesday, July 25, 10 a.m… more

Admissibility of Insurance Coverage: Sauce for the Goose

When Kerrie Evans’s child was born with cystic fibrosis, she sued her nurse practitioner and doctor for failure to adequately inform her about prenatal testing for CF, making concerns about cost the centerpiece of her case. Her… more

House Approves 8-Year Delay of Obama-era Ozone Standards

On July 18th, the U.S. House of Representatives passed a bill updating the Clean Air Act and delaying implementing Obama-era ozone reduction regulations until 2024. The “Ozone Standards Implementation Act of 2017” H.R. 806 passed the… more

July FCC Meeting Recap: Wireless Microphones Order on Recon and Further Notice: A Mixed Bag for Manufacturers and Users

On July 13, 2017, the Federal Communications Commission (“FCC” or the “Commission”) revisited the regulatory framework applicable to wireless microphones in several important ways. The Order on Reconsideration addressed petitions for… more

Nevada Enacts Online Privacy Policy Law; Illinois ‘Right to Know’ Bill Dies

Effective July 1, 2017, Nevada joined California as the second state to require operators of websites and online services to post a public notice regarding their privacy practices. Like California’s law, the new Nevada legislation… more

What Family Businesses Should Know about Washington’s New Paid Family Medical Leave Law

On July 5, 2017, Washington State joined a handful of states mandating paid family and medical leave. The new leave program, to be funded by employer and employee premiums, will provide up to 18 weeks of paid leave to individuals… more

California Supreme Court Expands Scope of PAGA Discovery

On July 13, 2017, in a decision with serious repercussions on the scope of PAGA discovery, the California Supreme Court overruled the Court of Appeals in Williams v. Superior Court to allow state-wide discovery of Marshalls employees’… more

New Fund Presents Opportunity For Local Proponents Of Zero-Emission Vehicles And Related Infrastructure

States, local governments, and businesses interested in zero-emission vehicles—such as electric cars—may get a needed boost from the Zero-Emission Vehicle (ZEV) Investment Fund. This fund was established in the wake of the Volkswagen… more

Who Is My Neighbour? Ontario Court Rejects a Duty of Care to Employees of Foreign Suppliers

The Ontario Superior Court of Justice recently dismissed a proposed class action arising out of the collapse of a manufacturing facility in Bangladesh. On July 5, 2017, in Das v. George Weston Limited (Das), the court found that under… more

Where Do Fitness Instructors "Fit" In The Current Worker Classification System?

They say location is everything in business. How about classification of workers? In certain industries, workers have a unique combination of specified skills and relative freedom to do their job… more

KY Contractors Can Now Assert Claims for Negligent Misrepresentation Against an Architect Despite Absence of a Contract

Design professionals doing business in Kentucky beware: the Kentucky Court of Appeals recently held that a contractor may pursue a negligent misrepresentation claim against an architect for delays to a project resulting from allegedly… more

EPA Regulatory Agenda Item Revised to Remove TBD Effective Date

Since July 20, 2017, when the Trump Administration published its Unified Agenda of Regulatory and Deregulatory Actions, the entry for the U.S. Environmental Protection Agency’s (EPA) item (RIN 2070-AJ54) concerning the Toxic Substances… more

Potential Risks From Pet Therapy Programs

Pet therapy programs have been expanding throughout the country, based largely on the increasing recognition that humans benefit from the human-animal bond. The human-animal bond is defined by the American Veterinary Medical… more

Partnerships Prepare For New Audit Regime

On November 2, 2015, new partnership audit rules, repealing existing TEFRA rules, were enacted in Section 1101 of the Bipartisan Budget Act (“BBA”). On August 15, 2016, Treasury published temporary regulations (TD 9780, 81 FR 51795)… more

Massachusetts Employers May Have To Accommodate Use Of Medical Marijuana, Court Says

The Massachusetts Supreme Judicial Court ruled this week that an employee’s use of medical marijuana to treat her disability may have to be reasonably accommodated under the state’s handicap discrimination law. In Barbuto v… more

Numerous Changes Are Coming Soon to the Federal Communications Commission’s Equipment Authorization and Importation Rules

In a long-awaited decision, the FCC, at its July 13, 2017, Open Meeting acted to update its equipment authorization procedures and rules in a number of significant ways that manufacturers, importers, retailers, and others in supply… more

Drone Noise vs. Traffic Noise

We have previously noted that people often view new technology with skepticism, and even trepidation bordering on fear. That perception changes as both costs decrease (resulting in more people using and adapting to the new technology)… more

Single Racial Slur May Be Sufficient to Establish Workplace Harassment

Action Item: The Third Circuit Court of Appeals recently held that a single isolated use of a racial slur may be sufficient to establish unlawful workplace harassment. Background and Analysis: On July 14, 2017, a three-judge… more

Judge Sleet Denies Defendants’ Motion To Transfer Venue In Patent Infringement Action

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Koniklijke Philips N.V. v. HTC Corp., Civil Action No. 15-1125-GMS (D.Del. July 18, 2017), the Court denied Defendants’ Joint Motion to Transfer Venue which sought to… more

Did you know that Form 8938 filing obligations apply to Specified Domestic Entities?

A US Person that owns US entities like corporations or partnerships that conduct cross-border business may have a Form 8938 (Statement of Specified Foreign Financial Assets) filing obligation. IRS defines Specified Individuals as..… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Buchanan Ingersoll & Rooney has 500 attorneys and government relations professionals who serve the legal and business needs of regional, national and international clients from offices in 17 cities…

[ About | Legal Updates ]

Watch This