Latest Updates

Guess Who You Should Never Invite to Dinner? What We Can Learn From Sexual Harassment Claims in the News

Sexual harassment—we have policies against it, we train people on how to prevent and report it, and yet still we have big news stories about it. In the last year, Fox News hit the headlines on this front multiple times–not only did the… more

California Legislature Proposes State Overtime Bill - Measure is Similar to Federal Rule That Was Put on Hold by Court

A Texas federal court’s halting of the enforcement of a new federal overtime rule that increases the salary threshold to be considered an exempt employee on Nov. 22, 2016, has received ample press. Under the new Department of Labor… more

Intellectual Property Bulletin - Spring 2017

It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to launch an… more

Section 75-1.1 Claims and Conduct by Government Employees

A recent decision of the North Carolina Court of Appeals highlights an unusual issue: Does N.C. Gen. Stat. § 75-1.1 apply to conduct by a government employee in a claim brought by his employer, a government entity? In County of… more

What Compliance Needs to Know About Data Privacy and Security

You don’t have to be a tech-savvy computer genius to address the basics of data privacy. Like many areas which compliance departments oversee, asking the right question and getting the right internal controls in place are the most… more

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees

Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large and small… more

A Stark Reminder – Marijuana is Still Illegal in Pennsylvania

Pennsylvania’s medical marijuana statute has received much attention from the press and the public since its passage just over one year ago. But the legislature and the Department of Health are still finalizing the Medical Marijuana… more

New York Mandatory Pay Notices: What Employers Need to Know

While employers generally provide detailed information to new hires about their pay, New York law now requires employers to provide written notice to employees when they are hired. A failure to provide the required written… more

Better 4 You Breakfast Settles EEOC Lawsuit for Retaliatory Discrimination

School Meals Provider Will Pay $62,500 to Settle Retaliation Claims and Provide Training to Employees on Retaliation - PHOENIX - A Commerce, Calif.-based company that provides prepared meals to schools has agreed to settle the… more

State of Michigan Lacks Standing in M22 Case

On April 21, 2017, Western District of Michigan Judge Gordon J. Quist ruled the State of Michigan lacks standing in a declaratory judgment action to declare the use and registration of federally registered marks are unlawful… more

AR Game Maker Launches First Amendment Challenge

Candy Lab AR, makers of the augmented reality poker game Texas Rope ‘Em, sued Milwaukee County, Wisconsin, over an ordinance alleged to be violating the First Amendment. The ordinance states: “Permits shall be required before any… more

New Mexico Becomes 48th State to Enact Data Breach Statute

Recently the state of New Mexico enacted the Data Breach Notification Act, making it the 48th state in the United States to enact a statute requiring notice to individuals impacted by a data breach. In doing so, New Mexico follows some… more

Unwritten rules cause uncertainty in sports and at work

Anyone who follows sports, even on a casual basis, has heard about “unwritten rules.” But the problem with unwritten rules is that sometimes they can be subject to different interpretations and standards. This is because, well, the… more

Is Your Neighbor’s Dock on Your Property?

I've always envied accountants because their busy season ends when the weather starts to get nice. As a riparian rights attorney, I have the opposite problem. When lake season approaches, and docks and lifts are installed, my… more

Motions to Exclude Expert Testimony Before the PTAB Are Rarely Successful: Make Your Arguments in Substantive Responses and Replies

It is common for both petitioners and patent owners to present expert opinion testimony in post-grant proceedings before the Patent Trail and Appeal Board (PTAB). In many cases, parties have moved to exclude all or part of the expert… more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19734 - Wall Systems, Inc. v. Pompa - Plaintiff - construction company - discovered one of its supervisors who was paid ~$200k/year was working for a competitor at the same time… more

Dues Checkoff Revocations May Be Valid in Wisconsin Despite Federal Court Ruling

A Wisconsin federal court has invalidated a key provision in Wisconsin’s Right to Work law that gave employees the right to cancel deduction of union dues from their paychecks. Int’l Ass’n of Machinists v. Allen, et al., No. 16-CV-77… more

The Center for Children’s Digestive Health Settles with OCR for $31,000

The Office for Civil Rights (OCR) has announced that it entered into a settlement with The Center for Children’s Digestive Health (CCDH) for $31,000.  CCDH is a small for-profit health care provider with seven locations in Illinois… more

Establishing Entitlement to Punitive Damages: The Not So Puny Standard

Punitive damages may be awarded in civil actions as a form of punishment to deter others from engaging in conduct similar to the defendant. Punitive damages are only available for certain claims, such as intentional torts, and only if… more

District of Columbia Enacts the Universal Paid Leave Act

In late 2016, after more than a year of debate, the District of Columbia Council voted to create one of the most generous paid leave laws in the country. After making it through the congressional review period, the Universal Paid… more

First District Holds Sonoma County Vineyard Development (VESCO) Permit was Ministerial Approval Exempt from CEQA

On April 21, 2017, the First District Court of Appeal filed a 22-page published opinion providing significant guidance and analysis concerning the critical, but sometimes elusive, distinction between “discretionary” project approvals… more

Fairchild (Taiwan) Corp. v. Power Integrations, Inc.

In my last post, I discussed estoppel in the context in inter partes review, in which defendant filed for IPR after losing in the courts. The Board found the claims-in-suit to be obvious. The Federal Circuit affirmed that the courts… more

EC4safenano Conducts Survey on Demand and Supply of Services for Safe Use of Nanomaterials and Nanotechnology

The European Center for Risk Management and Safe Innovation in Nanomaterials and Nanotechnologies (EC4safenano) states that it wishes to develop a catalog of services matching the anticipated needs and service requirements to the… more

Courts Make Clear that General Objections are Generally Inappropriate

If your practice involves discovery, chances are you have been on the receiving end (and maybe the dispensing end) of prolix boilerplate general objections in response to interrogatories or document demands. Whatever logic may have… more

Court Of Chancery Limits Creditor Standing

This decision holds that a creditor lacks standing to bring breach of fiduciary duty claims arising out of the management of an LLC. Of course, creditors are better served by drafting the loan documents to protect their rights… more

NLRB Region Five Rules that Resident Advisors at George Washington University are Employees Who May Unionize

On April 21, 2017, the Acting Regional Director of Region Five of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election holding that Resident Advisors (“RAs”) at George Washington University are… more

Hearings This Week

Senate Environment and Public Works Committee hearing on “A Review of the Technical, Scientific, and Legal Basis of the WOTUS (Waters of the United States) Rule.”… more

Buy American Executive Order

On April 18th, President Trump issued an Executive Order (“EO” or “Order”) focused on the Buy American laws and regulations. See Buy American EO. This EO directs federal government entities to review their procurement rules so that… more

Davis-Bacon Act Repeal Efforts Renewed

Republican members of Congress have renewed steps to repeal the Davis–Bacon Act, which sets the prevailing wage requirements for workers employed under federally funded or assisted contracts for the construction, alteration, or repair… more

FCC Chairman Rebukes USAC on E-Rate Administration

On April 18, FCC Chairman Ajit Pai sent an unusually stern and accusatory letter to USAC CEO Chris Henderson, alleging “serious flaws” and lack of transparency in USAC’s administration of the E-rate program, and declaring that “the… more

Stored Materials: Finding Common Ground between Borrower and Lender

Stored materials present a potentially serious point of tension between lenders and borrowers in the negotiation of a construction loan agreement. In construction lending, the term “stored materials” refers to the materials and items… more

New York Court Dismisses Royal Park’s RMBS Cases for Lack of Standing

On April 12, 2017, Judge Charles E. Ramos of the New York State Supreme Court for New York County dismissed Royal Park’s RMBS lawsuits alleging fraud and other tort causes of action against Morgan Stanley, Deutsche Bank, Credit Suisse… more

Campus Sexual Assault Investigations Need Greater Fairness for All Parties, Trial Lawyers Group Says

The American College of Trial Lawyers (ACTL) has released a White Paper on Campus Sexual Assault Investigations aimed at improving the process employed by universities to address campus sexual assaults… more

CMS Signals Potentially Big Changes Ahead for Medicare SNF Payment Policy

Using unusually blunt language, the Medicare Payment Advisory Commission (MedPAC) recently noted that it “is increasingly frustrated with the lack of statutory or regulatory action” to lower Medicare skilled nursing facility (SNF)… more

Pennsylvania Department of Health Issues New Physician Regulations for Medical Marijuana

As first posted on our sister blog, “In The Weeds” (Fox Rothschild’s Cannabis Law Blog), the Pennsylvania Department of Health issued its long-awaited proposed temporary regulations regarding physicians on April 11, 2017… more

Window on Washington - This Week in the Nation's Capital - April 21, 2017 Vol. 1, Issue 5

White House Demands Disrupt Shutdown Negotiations: Congressional leaders' efforts to hatch a massive spending deal have been thrown off course by the Trump administration's 11th-hour intervention, leaving the bipartisan bill teetering… more

More GDPR Questions Answered: New Guidelines on DPIAs

Although considered burdensome by some, data protection impact assessments (DPIAs) help controllers assess any data protection implications of their processing operations, with the added benefit of demonstrating compliance with the EU… more

You May Now Be Seated: Neil Gorsuch Prepares for Spot on the High Court

After the Supreme Court sat with an empty seat for more than one year, and following a hard-fought nominations process which saw the failed nomination of Judge Merrick Garland and Republican lawmakers resorting to the “nuclear option,”… more

Court of Chancery Explains When There Is A Basis To Investigate

This decision does a good job of explaining when there is an adequate showing of possible wrongdoing sufficient to justify a books and records inspection. It also explains why conducting a proxy contest does not warrant denying… more

Embark Richmond Highway Advisory Group Discuss Transportation, Recreation, and Historical Preservation

The Embark Richmond Highway Advisory Group met for its 16th meeting on April 24th. The Advisory Group reviewed a 2040 transportation land use analysis prepared by FCDOT. FCDOT estimates ridership of the proposed bus rapid transit… more

Florida Fraudsters Take Advantage of the Delay in Florida’s Implementation of Amendment 2

Amendment 2 passed back in November 2016, but the Florida Legislature is moving slowly to implement the necessary regulations for medical marijuana to get to the marketplace… more

Before You Acquire That Business, Understand the NLRB’s Successor Bar Doctrine

When a change of ownership occurs for a business that employs individuals who are represented by an incumbent union, the new owner must be aware of the National Labor Relations Board’s (NLRB) successor bar doctrine. It used to be that… more

United States Supreme Court Decides Nelson v. Colorado

On April 19, 2017, the Supreme Court decided Nelson v. Colorado, No. 15-1256, holding that Colorado’s Compensation for Certain Exonerated Persons statute (Exoneration Act), which requires petitioners whose felony criminal convictions… more

Delaware Court Orders Sale of Solvent Company’s Stock Despite Shareholder Objections

Delaware General Corporate Law § 226 (the “Custodian Statute”) bestows the Delaware Court of Chancery with the power to appoint a custodian for solvent companies and receivers for insolvent companies in certain circumstances. See 8… more

ET Rover Suffers Two Spills in Ohio

During the course of constructing its new pipeline, ET Rover suffered two spills releasing 2 million gallons of drilling fluid into wetlands in Ohio. The landscape of America is crisscrossed by millions of linear feet of pipelines… more

Canadian Regulators Propose Broad Derivatives Dealer and Adviser Business Conduct Rules

On April 4, 2017, the Canadian Securities Administrators (CSA) published for comment Proposed National Instrument 93-101 – Derivatives: Business Conduct (Business Conduct Rule), which would impose a range of business conduct… more

BETO Hosts Algae Cultivation for Carbon Capture and Utilization Workshop

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) is hosting an Algae Cultivation for Carbon Capture and Utilization Workshop on May 23-24, 2017, in Orlando, Florida. The event will feature facilitated… more

New York City Church Sued For Relocation Of Sculpture Commemorating 9/11 Loss Of Tree

In recent art news, Trinity Church in Lower Manhattan is being sued by a sculptor for relocating his bronze sculpture of the stump and root system of a very large sycamore tree entitled “The Trinity Root” that was formally installed on… more

[Video]Day 17 of One Month to 3rd Party Management-Distributor Compensation

One of the issues in any compliance program is the compensation paid to a third party as FCPA exposure arises when companies pay money - either directly or indirectly - to fund bribe payments. In the traditional intermediary scenario… more

[Video]Day 16 of One Month to 3rd Party Management-Terminating a Third Party

At some point, you will be required to terminate a third-party and there will be multiple legal, compliance and business issues to navigate going forward. If you are stuck doing it in the middle of a Foreign Corrupt Practices Act… more

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