Latest Updates

DOJ Civil Rights Division Intensifies Efforts to Investigate Discrimination Against US Workers

On October 11, 2017, the Department of Justice's (DOJ) Civil Rights Division, Immigrant and Employee Rights Section (IER) and the Department of State's Bureau of Consular Affairs announced a partnership aimed at protecting US workers… more

Another Off-the-Clock Case Felled by Time Study

Last week, we discussed the decision of the Northern District of California in Rodriguez v. Nike Retail Services, Inc., Case No. 14-cv-01508-BLF (N.D. Cal. Sept. 12, 2017), in which the employer’s use of a time study resulted in… more

Supreme Court Appears Split on Class Action Waivers in Employee Arbitration Agreements

On Monday, October 2, 2017, the U.S. Supreme Court heard oral argument in three cases involving the enforceability of employee arbitration agreements that include class/collective action waivers. Since January when the Supreme… more

Predictable Schedules – A Right, Not a Privilege, in NYC Fast Food and Retail Industries

Earlier this year, New York City signed into law the “Fair Work Week” legislative package, which aspires to ensure more predictable schedules and paychecks for fast food and retail workers by setting restrictions on how and when their… more

3 Key Takeaways: Foreign Corrupt Practices Act Trends in 2017

Kilpatrick Townsend partner Adria Perez recently presented to the Association of Corporate Counsel (ACC) Georgia Chapter about key 2017 trends concerning the enforcement of Foreign Corrupt Practices Act (“FCPA”) against companies and… more

Regulation Of Dietary Supplements

The U.S. Food and Drug Administration (“FDA”) regulates dietary supplements as food, not as drugs. In general, dietary supplements are taken orally and contain a dietary ingredient such as a vitamin, mineral, amino acid, herb… more

What Can Health Plans Do Now That the Trump Administration Has Stopped Making CSR Payments?

On October 12, 2017, the Trump administration announced that it will immediately stop making cost-sharing reduction (CSR) subsidy payments, which allow health insurers to defray out-of-pocket costs to insure low-income Americans. This… more

Florida Emergency Power Plan Rule Requires Nursing Homes and Assisted Living Facilities to Obtain Generators by November 15, 2017

In response to the death of eight nursing home residents after a power failure in Hollywood, Florida during Hurricane Irma, Florida regulators recently issued emergency rules requiring the state’s nursing homes and assisted living… more

Federal Court Declines to Overturn $780,000 Jury Verdict in Favor of Employer’s Argument that Application for SSDI Trumps the ADA

In Van Rossum v. Baltimore County, Maryland, a jury awarded a community health inspector $250,000 in compensatory damages and $530,000 in back pay after deciding that her employer, Baltimore County, violated the ADA by refusing to… more

Trump Administration Issues Executive Order Regarding Health Coverage and Discontinues Cost-Sharing Reductions Payments

On October 12, 2017, President Donald Trump signed an Executive Order “to reform the United States healthcare system to take the first steps to expand choices and alternatives to Obamacare plans and increase competition to bring down… more

Survey Says...Get a Survey

In a decision filed on April 11, 2017, a Superior Court of Pennsylvania case highlights issues that can arise when discrepancies occur between a metes and bounds description of realty versus a parcel number. It also illustrates the… more

Regulatory Update and Recent SEC Enforcement Actions

Investment Firm VanEck Launches Bitcoin Exchange Traded Fund (“ETF”) One Week after Calling Bitcoin a “Fad” - On August 10, 2017, Joe Foster, portfolio manager and strategist for the money management firm VanEck, expressed his… more

OECD Publishes Summary of Dossier on Silver Nanoparticles

The Organization for Economic Cooperation and Development (OECD) published a report entitled Silver Nanoparticles: Summary of the Dossier. The Summary states that Korea led the testing of silver nanoparticles under OECD’s Sponsorship… more

Capitol Hill Healthcare Update

President Trump’s announcement Friday that he would stop cost-sharing payments to insurance companies triggered a firestorm on Capitol Hill, with lawmakers in both parties calling on Congress to restore the funding quickly. House… more

The EEOC's Focus on Equal Pay and the Health Care Industry Finally Comes to a Crossroad

Earlier this year, acting EEOC chair Victoria Lipnic made clear that the agency would continue its focus on equal pay cases, calling them a main "priority." Lipnic has voiced her concern regarding the "occupational segregation" issue… more

New California Law Raises the Stakes in Labor Commissioner Investigations and Whistleblower Suits

On October 4, 2017, Governor Brown signed SB 306 into law. The new statute, which was sponsored by the California Labor Federation, significantly expands the California Labor Commissioner’s power to investigate retaliation and certain… more

[Audio]Corruption, Crime & Compliance Podcast Episode 3 -- The Latest FCPA Sting Case -- John Baptiste

Recently, the Justice Department announced the arrest of John Baptiste as part of an ongoing investigation into corruption in Haiti. The arrest warrant affidavit outlines an undercover investigation, including Title III wiretaps of… more

Temporary Injunctive Relief in Texas

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his detailed paper entitled “Temporary Injunctive Relief in Texas” to the Tarrant County Bar Association’s Business Litigation Section on October 17… more

Financial Conduct Authority Outlines Methods for Firms to Comply With MiFID II Transaction Reporting Obligations

The Financial Conduct Authority has devoted the September 2017 issue of its Market Watch newsletter to a discussion of aspects of FCA reporting functionality and the means by which firms can meet their reporting obligations under MiFID… more

Corporate and Financial Weekly Digest - Volume XII, Issue 39

SEC/CORPORATE - SEC Announces Rule Proposal to Modernize, Simplify and Increase the Accessibility of Required Disclosure - On October 11, the Securities and Exchange Commission issued a press release announcing that it voted to… more

President Trump acts to make changes to the Affordable Care Act

President Trump acts to make changes to the Affordable Care Act - Acting on his promise, communicated in a tweet earlier this week, that "since Congress can't get its act together on HealthCare, I will be using the power of the pen… more

NZX Listing Rule Review

You have until 17 November 2017 to submit your thoughts on the 79 Questions posed by NZX as part of its review of the Main Board/Debt Market listing rules (Listing Rules). If you do not wish to make a detailed submission, a survey of… more

Cyber-insurance and Employee Data Breaches: Part 2

A large portion of the hundreds of data breaches and thousands of data security incidents that occur each year involve human resource related issues. This includes situations in which HR data was lost, employees were inadvertently… more

NAFTA is not the only important trade issue on Congress’ radar this Fall

The US trade policy conversation has been dominated by the NAFTA renegotiations, the Trump administration’s resurrection of Section 232 national security investigations on aluminum and steel, Section 201 safeguard investigations on… more

Upcoming FTC Workshop: Understanding Competition in Prescription Drug Markets

The Federal Trade Commission (FTC) is hosting a workshop on November 8, 2017 at the Constitution Center in Washington, DC entitled: “Understanding Competition in Prescription Drug Markets: Entry and Supply Chain Dynamics.” The… more

China Encourages Green Finance to Meet Clean Development Goals

On 18 October 2017, the 19th National Congress of the Chinese Communist Party will convene, after the week-long National Day holiday, marking one of the most important dates on the Chinese political calendar. Among the issues that… more

DHS Uses the Power of Policy to Alter Immigration Without Legislation

Efforts to reform our nation’s immigration system through legislation are frequently contentious and can become embroiled in larger legislative debates that make the passage of a bill into law a complicated process and, often, an… more

Challenges for Establishing Businesses South of the Border

Mexico is already a large player in the world economy, and it’s economic might is growing. Many manufacturers in Europe and the U.S. already have or are considering operations there, especially original equipment manufacturers (OEMs)… more

International Swaps and Derivatives Association Publishes Recommendations for a CCP Recovery and Resolution Framework

The ISDA's paper focuses on CCPs that clear derivatives, although many of its recommendations will be relevant to clearing houses that clear other instruments. It is intended to build on the guidance from CPMI-IOSCO and the FSB. The… more

The Halliburton FCPA Enforcement Action - Lessons for Chief Compliance Officers on Internal Controls Failures

One takeaway of the Halliburton-Sonangol FCPA enforcement action? Trust but verify… more

House Prioritizes Housing Finance Reform

On October 3, 2017, the U.S. House of Representatives’ Financial Services Committee conducted a hearing on possible housing finance reform measures titled “Sustainable Housing Finance: An Update from the Director of the Federal Housing… more

California Expands Parental Leave to Smaller Businesses

Businesses that employ at least 20 people should take practical steps to comply with the New Parent Leave Act. Key Points: - The New Parent Leave Act significantly expands required parental leave, which previously only applied to… more

False Start On The Offense - Why the 5th Circuit Flagged the NFLPA for Illegal Procedure in the Ezekiel Elliott Case

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017, with the Court of Appeals vacating an injunction order that kept Dallas Cowboys running back Ezekiel… more

Massachusetts DPH Clears the Air for For-Profit Conversion of Medical Marijuana Dispensaries

The Massachusetts Department of Public Health (DPH) has provided a much anticipated pathway to enable for-profit entities to operate Registered Marijuana Dispensaries (RMDs). DPH’s Medical Use of Marijuana Program (the “RMD Program”)… more

Supreme Court Denies Appeals of Notable Data Scraping, Computer Fraud Decisions from Ninth Circuit

This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context of… more

Effective Cause Marketing: Ways to Ensure Your Good Deeds Go Unpunished

Collaborations between charitable organizations and for-profit businesses to simultaneously promote a cause and raise funds for the charity have been demonstrably successful and are occurring with increasing frequency. When embarking… more

Marital Property Versus Non-Marital Property

Absent a prenuptial agreement, the definition of marital property is an item acquired by either spouse during the course of the marriage. Therefore, any property that was purchased and/or owned by a spouse prior to the parties’ date of… more

ITC Denies Request to Modify Protective Order

In a recent Notice, the Commission denied Respondents’ motion to modify the administrative protective order (APO) to permit them to use a third party’s confidential business information in related European proceedings… more

Quarterly Investment Update - 3rd Quarter 2017

Stock Market Commentary - The third quarter of 2017 brought the devastation of multiple hurricanes, escalating tensions with North Korea, the Equifax breach and more White House drama. Yet, investors focused on positive economic and… more

California Governor Signs Law Banning Salary History Inquiries

On October 12, 2017, Governor Jerry Brown signed AB 168, prohibiting California employers from asking job applicants about their salary histories. This new law thrusts California yet again into the forefront of jurisdictions… more

Issues to Consider in Rights of First Refusal

People often talk about giving or getting a Right of First Refusal ("ROFR") in real estate transactions. But what is a ROFR? A simple definition might be..… more

Accommodations Beyond ADA Requirements Can Backfire on Employers

The Americans with Disabilities Act does not require employers to always allow disabled people to return to the job. In order to claim protection under the law, the disabled employee must show that he or she can perform the job’s… more

U.S. watchdogs tally $1.5 billion cost for one type of defective medical device

Big medical device makers, like Big Pharma, have complained Big medical device makers, like Big Pharma, have complained relentlessly that Uncle Sam hamstrings them with red tape and bureaucracy that slows or prevents innovative, life… more

Weekly Update Newsletter - October 2017

SMALL BUSINESS ADMINISTRATION - Women-Owned Small Business Federal Contract Program NAICS Code Updates - The U.S. Small Business Administration (“SBA”) has updated the North American Industry Classification System (“NAICS”) codes… more

Patents as a Technology and Marketing Resource

Several types of patent searches are known for identifying patents and published patent applications of potential interest. One type of search, often called a novelty search, is employed to identify prior issued patents and published… more

California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History

California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring… more

FTC’s “Stick With Security” #5: Segment Your Network And Monitor Who’s Trying To Get In And Out

On August 25, 2017, the FTC released its fifth “Stick with Security” principal, which focused on how companies can protect their virtual “entrances and exits” and make life harder for hackers. The FTC believes that the kind of… more

Highlights from the 2017 VCU Real Estate Trends Conference in Richmond, Virginia

Sands Anderson’s Commercial Real Estate Law practice group was again pleased to participate in the annual VCU Real Estate Trends Conference in Richmond, Virginia. The conference continues to cement its position as one of the leading… more

Draft 2018 Assessment Methodology: Arkansas Department of Environmental Quality Solicits Comments

The Arkansas Department of Environmental Quality (“ADEQ”) announced the availability of the Draft 2018 Assessment Methodology (“Methodology”). ADEQ is providing a 30 day public comment… more

China's New Cybersecurity Law Brings Enforcement Crackdown

The Situation: Earlier this year, the People's Republic of China enacted its Cybersecurity Law, which granted authorities broad, explicit powers to monitor and investigate activities falling under its purview, along with the ability to… more

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