Latest Updates

New EU Prospectus Regulation published

The EU Prospectus Regulation (the Regulation), which will replace the current Prospectus Directive, has been officially published. A couple of the Regulation's provisions will apply from 20 July 2017, while most of it will apply from… more

Indiana Relaxes Telemedicine Rules as of July 1

Indiana’s relaxed telemedicine rules went into effect July 1. Generally, under the new rules a prescriber (defined as a physician, physician assistant, advanced practice nurse, optometrist, or podiatrist) may prescribe non-controlled… more

MA Employers Beware: Employees Have a Right to Use Medical Marijuana

In a recent decision, the Massachusetts Supreme Judicial Court has made it clear that employers cannot take action against employees who lawfully uses medical marijuana, as doing so is tantamount to denying a request for a reasonable… more

Titleist Trademark Tarnishment?

During today’s first round of the Open Championship at Royal Birkdale, many a golf ball bearing the famous TITLEIST cursive script will be lofted into the heavens – meanwhile, back on the ground, the brand’s owner is attempting to… more

New Guidance Issued by EU Data Protection Regulators – Does Your Organization Use Social Media During Recruitment?

The Article 29 Data Protection Working Party (comprising representatives from the data protection regulators in each EU Member State, the European Data Protection Supervisor and the European Commission) has issued an opinion on data… more

Blog: Will The House Now Try To Undo SOX?

What’s next for the House after taking on Dodd-Frank in the Financial CHOICE Act? Apparently, it’s time to revisit SOX. The Subcommittee on Capital Markets, Securities, and Investment of the House Financial Services Committee held a… more

Revocation of Consent Under the TCPA

The Telephone Consumer Protection Act (TCPA) was enacted as a consumer protection measure against companies that engage in telemarketing practices. The basic principle of the TCPA is that it seeks to prohibit a company from making “any… more

Don’t give medical device makers more time before disclosing product woes

Pro-business and anti-consumer lawmakers in Congress are racing to slacken rules for medical device makers to report problems with their products. This move may imperil more patients, many of whom already have been harmed and some… more

FTC Continues to Implement Reform Agenda; Aims to Reduce Burdens of and Improve Transparency in Commission Investigations

The Federal Trade Commission (FTC or the Commission) announced a wave of reforms this week in line with Acting Chairman Maureen K. Ohlhausen’s mission to “aggressively” implement a Trump administration directive aimed at eliminating… more

Removing an arbitrator is an extreme remedy

You might not like an arbitrator's order or an award, but you cannot seek to remove the arbitrator unless their actions have caused or might lead to substantial injustice… more

Defining A “Bona Fide Relationship” – The Latest With Trump’s Travel Ban

On July 6th, we covered the United States Supreme Court decision regarding President Trump’s travel ban. That Order limited the entry of foreign nationals and refugees based on an individual’s “bona fide relationship” with an entity or… more

Could Supreme Court Case on Debt Recharacterization Provide a Pathway Out of the Stern v. Marshall Maze?

The Supreme Court recently granted certiorari in PEM Entities LLC v. Levin, in which it will decide whether federal or a state law should apply when a debt claim held by a debtor’s insider is sought to be recharacterized in bankruptcy… more

One Strike and You’re Out—Third Circuit Holds a Single Severe Incident Sufficient to Establish a Harassment Claim

The United States Court of Appeals for the Third Circuit held on July 14, 2017 that a single severe incident of harassment may give rise to a claim of workplace harassment in Castleberry v. STI Group, No. 16-3131 (3d Cir. 2017)… more

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

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