Latest Updates

Tree-Preservation Ordinances in Texas Municipalities May Constitute Regulatory Takings

Texas Attorney General Ken Paxton issued an opinion on July 14, 2017 concluding that municipal tree-preservation ordinances in Texas may, in certain unspecified factual circumstances, constitute a regulatory taking under the Federal… more

Queens Speech: UK company law Brexit and beyond

As widely expected, Brexit-focused legislation dominates the legislative programme outlined in the Queen's Speech on 21 June… more

CMS Considers New Billing Code Policy for Biosimilars

Last week, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule regarding payment policies. Among other things, the proposed rule included a request for comment on the policy for biosimilar reimbursement… more

Company’s Reaction to Claim of Unequal Pay Provides Lessons for Employers

Complaints of unequal pay should not be taken lightly, and certainly should not be met with an immediate adverse employment action. The U.S. Court of Appeals for the Eighth Circuit recently reinstated a female office worker’s equal pay… more

Life with Conflict of Interest Starting to be Implemented and Retirement Plan Update

Fee Changes and Disclosures Post Conflict of Interest Regulations Initial Partial Effective Date - The effects of the U.S. Department of Labor’s (“DoL”) conflict of interest or fiduciary regulation and related prohibited… more

Primary Assumption of Risk Kicks Horseback Riding Injury Claim to the Curb

In Swigart v. Bruno, 2017 No. D071072, the California Court of Appeal, Fourth District, relied on the primary assumption of risk doctrine in affirming summary judgment against a plaintiff injured by a horse during an endurance riding… more

Blog Post No. 1,000: Comparing Oral Argument in the California and Illinois Supreme Courts

I thought we’d do a first today: comparing the two Supreme Courts we study in the same post. Specifically, since I’ve had the honor of appearing at both the California and Illinois Supreme Courts, I thought we’d compare the data for… more

Let’s Talk Municipal Finance – Municipal Lease Purchase Agreements

In the last installment of Let's Talk Municipal Finance, I discussed municipalities and governmental entities that issue bonds, a form of municipal debt. An alternative to incurring municipal debt and less onerous option for a… more

Third Circuit Reminds Employers That an Isolated Act of Harassment Can Land Them in Hot Water

In a decision issued July 14, 2017, the Third Circuit clarified that to prevail on workplace harassment claims, plaintiffs must show that the conduct was “severe or pervasive”—not “severe and pervasive” or “pervasive and regular”—such… more

USCIS Revises Form I-9: What’s New?

U.S. Citizenship and Immigration Services (USCIS) published a new edition of the I-9, Employment Eligibility Verification Form on July 17, 2017. Employers may now use the revised version, dated 07/17/17 N, or continue using the Form… more

A New European Standard for “Green Finance”

The High Level Expert Group on sustainable finance (the Group), which the European Commission (the EC) established, published its interim report on 13 July 2017. The report sets out the key steps required to create a financial system… more

UK Supreme Court Breathes New Life to the Doctrine of Equivalents

In what is perhaps the most important development in English law of the last decade in this area of interpretation of patent claims and patent infringement, the UK Supreme Court gave new life to the doctrine of equivalents in its… more

Family Office Series, Part III: How Are Family Offices Structured?

As we noted in a previous family office series blog post, “if you’ve seen one family office, you’ve seen one family office.” There is no standard legal structure for family offices. The types and number of legal entities used in a… more

The Federal Court Reverses a Hindsight Reconstruction of An Important Pharmaceutical Invention

In Millennium Pharmaceuticals v. Sandoz, the Federal Circuit reversed the district court’s holding of obviousness of certain claims of Millennium-owned U.S. Patent No. 6,713,446 (the ‘446 patent), finding that the district court… more

Top Five Labor Law Developments For June 2017

1.In an amicus brief filed with the U.S. Supreme Court, the U.S. Department of Justice reversed itself and argued for the legality of mandatory arbitration agreement provisions waiving employees’ rights to bring class actions under the… more

Tax impact of the repeal of the foreign employment income exemption on South African professionals

The Taxation Laws Amendment Bill 2017 (2017 TLAB) was published for public comment on 19 July 2017. One of the changes proposed is the repeal of the so-called foreign employment income exemption, contained in section 10(1)(o)(ii) of… more

Dear Littler: A potential new hire shaved his head after learning about our drug-testing policy. Now what?

Dear Littler: We recently offered a position to a candidate at one of our retail locations. He had a reasonable amount of head hair at the time we offered the job. After learning that we require hair testing both for new hires, and for… more

Work Now, Party Later: The Case for Tackling the New Disability Claims Procedures Before Year-End

Plan sponsors are typically forced to wait for last minute guidance to satisfy year-end compliance obligations. As a result, those of us who work with these plans spend the last days of the year frantically ensuring plans are in… more

What’s on the Agenda? Tips and OT

Each spring and fall, Washington waits with bated breath as the Executive Branch releases its regulatory agenda. As the first pronouncement of some of the specifics of the Trump Administration’s regulatory plans, this year’s agenda was… more

Treasury’s Recommendations for the Volcker Rule

The U.S. Department of the Treasury previously issued its first in a series of reports to President Donald J. Trump examining the United States’ financial regulatory system. The report included detailed recommendations regarding the… more

D.C. District Court Allows Payday Lenders’ Due Process Claims To Proceed In Case Against “Operation Choke Point”

On July 5, 2017, the U.S. District Court for the District Columbia, in the lawsuit filed in 2014 challenging “Operation Choke Point” — a federal enforcement initiative involving various agencies, including the Consumer Protection… more

Check the Rules Redux

Several weeks ago, we reported on some recent updates to Manhattan Commercial Division Justice Bransten’s individual practice rules. New York commercial litigators should take note of some recent changes in the Queens County Commercial… more

Suniva’s Solar Panel Trade Action and Its Impact on the Industry

As has been widely reported, Georgia-based solar panel manufacturer Suniva Inc. filed an action with the U.S. International Trade Commission (ITC) aimed at, in some cases, doubling the price of solar panels and cells produced outside… more

Want to Peek at Your Employee’s Email? Be Careful!

Can you look at an employee’s personal email account if you access it on company equipment? A recent opinion from the federal District Court of Maryland should at least make you think twice before doing that. In Levin, et al. v… more

CFPB Issues Final Rule Prohibiting Mandatory Pre-Dispute Arbitration Agreements for Covered Consumer Financial Products and Services

The Federal Register published today the Consumer Financial Protection Bureau's (CFPB) final rule that was announced last week and would prohibit providers of covered consumer financial products and services from using pre-dispute… more

Travel Ban Update: Grandparents And Other Close Relatives

In a one-paragraph ruling, the U.S. Supreme Court, disagreeing with the Administration, allowed the District Court’s injunction to stand with regard to relatives. Individuals from the six designated countries with grandparents and… more

No Certification Where Loss of Data Prevents Class Identification

Identifying potential class members is not an issue in most employment cases, as the employer likely has any number of employment records for each of the claimants, including personnel files, electronic data, tax forms, time records… more

Split Commission Can't Reverse Insider-Trading Dismissal

Trader Joseph Ruggieri finally prevailed last week, when SEC Commissioners Stein and Piwowar split on whether Enforcement proved his four trades (in 2010-2011) were made on inside information… more

Draft tax legislation for 2017 released

Following the 2017 Budget presented before Parliament on 22 February 2017, the draft tax legislation for the specific tax proposals was released on 19 July 2017 for comment. Comments should be made by 18 August 2017… more

Eighth Circuit Affirms Order Compelling Arbitration, Rejecting Contract Defenses Of Unconscionability And Lack Of Consideration

The Eighth Circuit affirmed an order compelling arbitration in a case filed by a volunteer concession worker against an operator of concessions at a sports stadium in St. Louis. The concession worker had volunteered to work at the… more

State AGs seek injunction against Dept. of Education postponement of the Borrower Defense Rule; DeVos continues “regulatory reset” with delay of Gainful Employment Rule and campus financial products disclosure regulations

Eighteen states and the District of Columbia have filed suit against Secretary of Education Betsy DeVos seeking an injunction of the Department of Education’s indefinite postponement of the Obama Administration’s Borrower Defense Rule… more

San Francisco Passes Pay Parity Ordinance Affecting Employee Onboarding

San Francisco’s Board of Supervisor’s passed a pay equity ordinance on July 11, 2017 which is now awaiting the Mayor’s signature. The “Parity in Pay” ordinance will become operative July 1, 2018. The ordinance will ban private… more

TIME IS UP- BOE’s Deadline for Banks to Submit Their Brexit Plans Passes …

On 7 April, the Bank of England gave financial firms a hard deadline of 14 July for submitting their contingency plans for Brexit, which passed last Friday… more

Is Your Surgery Center Ready for California’s Surprise Medical Billing Law?

A new California law (AB 72) limits the amount that out-of-network surgeons and other health care professionals may bill patients for covered non-emergency services provided at a contracted facility, such as an ambulatory surgery… more

Food and Beverage Alert: FDA Withdraws Food Coloring Draft Guidance

The Alcohol and Tobacco Tax and Trade Bureau (TTB) reminded industry members last week that they must comply with TTB and Food and Drug Administration (FDA) requirements concerning food additives. In particular, the TTB noted..… more

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s use of… more

Convictions reversed in LIBOR case

On July 19, 2017, in United States v. Allen, et al. (16-cr-98) (Cabranes, Pooler, Lynch), the Second Circuit issued a decision reversing the convictions of defendants Anthony Allen and Anthony Conti for wire fraud and conspiracy to… more

Tribute to Martin Landau and Strength in the Middle

A company must have more than simply a good ‘Tone-at-the-Top’; it must move it down through the organization from senior management to middle management and into its lower ranks. This means that one of the tasks of any company… more

EU-U.S. Privacy Shield – What’s Its Future?

It’s been almost one year since the EU-U.S. Privacy Shield (Privacy Shield) came into existence. Its upcoming annual review in September by the European Commission (Commission) and the U.S. Department of Commerce (DOC) – its first… more

Your Daily Dose of Financial News

Big American banks (BofA, Citi, Morgan Stanley) are avoiding deals with Chinese conglomerate HNA Group over concerns regarding HNA’s debt level and ownership structure… more

Highlights of the 2017 Revisions to the AIA-A101, A102, and A103

As discussed in a May blog article, the American Association of Architects (AIA) revise their form agreements between owner and contractor approximately every 10 years, and these form documents were recently revised by the AIA a couple… more

15,000 Increase In H-2B Visas Comes With Strings Attached

An additional 15,000 H-2B visas will be released in response to industry demand. The USCIS will begin accepting petitions on July 19, 2017, for the fiscal year which ends on September 30, 2017. Petitions will be accepted until the… more

US FCC Allocates 5 GHz of Contiguous Spectrum for Next Generation Vehicular Radar

On July 13, the United States (“US”) Federal Communications Commission (“FCC”) issued a decision allocating a contiguous 5 GHz band of radio frequency spectrum for vehicular radar operations. The decision implemented in the US a 2015… more

Court Rules Request for Religious Accommodation Is Not “Protected Activity” for Title VII Retaliation

Seyfarth Synopsis: A recent decision by a federal district court in Minnesota held that a religious accommodation request is not “protected activity” under Title VII. In defending retaliation litigation, employers should consider… more

Journal of Nanobiotechnology Publishes Special Issue on Swiss National Research Program on the “Opportunities and Risks of Nanomaterials”

The Journal of Nanobiotechnology published a special issue on the outcome of Switzerland’s five-year National Research Program on the “Opportunities and Risks of Nanomaterials” (NRP 64). The editorial states that the Program’s primary… more

FMLA Leave Does Not Shield An Employee From Disciplinary Action Unrelated To The Leave

The Court of Appeals of North Carolina recently held that an employer didn’t interfere with an employee’s rights under the Family Medical Leave Act (“FMLA”) or retaliate against her by contacting her to schedule her disciplinary… more

IRS Issues Guidance To Examiners Handling BBA Partnership Audits

As many readers know, the Bipartisan Budget Act of 2015 (“BBA”) repeals the long standing TEFRA procedures governing IRS examinations of partnerships. As a result, beginning January 1, 2018, partnerships are subject to a centralized… more

D.C. District Court Expands Government Contractors’ Exposure to Consumer Data Breach Class Actions

The United States District Court for the District of Columbia recently endorsed private citizens bringing data breach claims directly against a government contractor where the contractor failed adequately to safeguard the citizens’… more

FDA Makes Two Announcements on Electronic Tracking of Prescription Drugs to Comply with the Drug Supply Chain Security Act

On July 20, 2017, FDA published two announcements in the Federal Register related to the development of an electronic, interoperable system to identify and trace certain prescription drugs distributed within the United States, pursuant… more

Pennsylvania Court Provides Commercial Property Owners With Defense to Tax Assessment Appeals

On July 5, the Pennsylvania Supreme Court issued a unanimous decision confirming that all real estate in a taxing district is a single class (i.e., not subject to sub-classifications based on property type, such as commercial… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Klein Moynihan Turco LLP (KMT) is a full-service law firm concentrating on all aspects of Internet and mobile marketing law, sweepstakes and promotions law, Internet poker, gambling, fantasy sports…

[ About | Legal Updates ]

Watch This