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EMPLOYMENT LAW UPDATE: Paid Sick Leave is coming to Morristown, NJ!

Just a reminder that if you are an employer in Morristown, the ordinance regarding providing paid sick leave to employees (including posting requirements) takes effect on January 11, 2017. Morristown is the 13th municipality in NJ to…more

They Are Unhappy Out There

Many workplaces are not happy and bullying at the workplace appears on the rise, so the November 2016 Psychosocial Safety Climate and Better Productivity in Australian Workplaces Report and the Bullying and Harassment in Australian…more

DOT Creates CDL Drug and Alcohol Clearinghouse, Imposing Employer Reporting and Query Obligations

On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new “Commercial Driver’s License Drug and Alcohol Clearinghouse.” The Clearinghouse will provide a central database identifying…more

Le Societa Benefit

Law no. 208 of 28 December 2015 (the "Law of Stability 2016"), entered into force on 1 January 2016, has developed a new formula for the conduct of business: the company for profit that distribute profits, but pursue at the same time…more

Dispute Resolution Provision, in AIA 201-1997 General Conditions, Narrowly Construed by Trial Court

A federal trial court in New Jersey narrowly interpreted the AIA general conditions (Form A201-1997) relating to dispute resolution. Specifically, the court in Blackman Co. v. GE Bus. Fin. Servs., U.S. Dist. LEXIS 87904 (July 7, 2016)…more

OCR Issues Alerts Regarding Phishing Email Disguised as Official OCR Audit Communication

The HHS Office for Civil Rights (OCR) published an alert on November 28 describing a phishing email being circulated on mock HHS departmental letterhead under the signature of OCR Director Jocelyn Samuels. The email prompts recipients…more

Twelve Things to Know About the SEC’s Whistleblower Program

The Securities and Exchange Commission’s whistleblower program, like the whistleblower programs of other government agencies, provides bounties to persons who provide information that leads to successful enforcement actions. Under the…more

CFPB Examination of Auto Repossession Firms: An Unpleasant Surprise!

Tim owns a small company that handles auto repossessions in the local area. He knows very well the state and local statutes and regulations that apply to his business. Tim has a vague notion that the Consumer Financial Protection…more

2016 Breach Roundup, Part I: U.S. State Data Breach Notification Laws Highlights and Trends

In many respects, 2016 has been a remarkable year, but one constant with recent history is that multiple states (six this year) amended their breach notification statutes. As is commonly stated, the U.S. operates under a…more

In the Time of Giving, it’s the Little Things

Many law firms understand how to meet their client’s biggest and most obvious client service preferences. We’ve all laughed about (and learned from) the story of the firm that FedExed its RFP response to UPS and was summarily dismissed…more

One and Done: Stage 3 Forward Auction Ends After Just One Round of Bidding

At the end of Stage 2 of the Spectrum Auction, I wrote about bidder fatigue and the hope that the FCC would drop its spectrum clearing target a couple of notches for Stage 3 to expedite the conclusion of a now seemingly interminable…more

DOL Prevails in Kansas Litigation Challenging Conflict of Interest Rule and Related Exemptions

On November 28, 2016, Judge Crabtree in the U.S. District Court for the District of Kansas ruled in favor of the U.S. Department of Labor and denied the motion for a preliminary injunction filed by the Market Synergy Group, Inc.…more

EU-US Privacy Shield challenged in the European Court of Justice

Just four months after its adoption by the European Commission, the EU-U.S. Privacy Shield is facing its first formal legal challenge. The challenge comes from the Irish advocacy group Digital Rights Ireland, who is joined by…more

Your Daily Dose of Financial News

Blackstone is spinning off a new housing maintenance and rental venture in the form of Invitation Homes LP, which could see an IPO as early as January 2017. Invitation Homes is the culmination of a four-year, $10 billion investment…more

On the Horizon: Will the 2017 Real Estate Market Affect Your Family Business?

Many family offices and established family businesses have a great deal invested in real estate. For some, these are active investments involving development, construction and sale. For others, these are either residential properties…more

Office of the Comptroller of Currency to Issue Charters to Fintech Companies

On Friday, December 2, the Office of the Comptroller of Currency (OCC) announced that it would start considering applications for special purpose national bank charters from financial technology (fintech) companies. The OCC believes…more

First Group of Lifeline Broadband Providers Designated by the FCC

On December 1, 2016, the FCC somewhat unexpectedly issued an order approving four Lifeline Broadband Provider (“LBP”) applications, which will permit the companies to receive Lifeline support for the provision of broadband Internet…more

EPA Releases CERCLA Financial Assurance Rule

EPA has released its long-awaited proposed CERCLA financial assurance regulations for the hardrock mining industry. When finalized, these regulations will serve as a model for financial assurance regulations for other industries. Also…more

FriendFinder Data Breach Exposes 400 million+ Accounts

FriendFinder Networks is a company in the adult entertainment, social networking, and online dating space. Several databases from FriendFinder Networks web sites with more than 412 million accounts, including usernames, e-mails, and…more

Rhode Island Wants to be the First State to Offer 5G; Releases RFI

The state of Rhode Island plans to be the first state to test and launch next generation 5G networks, seeking to make 5G available to all of its communities. This past week, Governor Gina Raimondo announced a joint effort by the…more

(US) With New Laws, It Just Got Easier to Demolish Blighted Properties in Pennsylvania

Blighted residential and commercial properties are a major impediment to rehabilitation and redevelopment efforts in cities and towns throughout Pennsylvania. However, late in the 2016 legislative term, the Pennsylvania House and…more

OCC to Consider Special Charter Applications for Fintech Companies

On December 2, 2016, Comptroller of the Currency Thomas J. Curry announced that the OCC will move forward with considering granting federal charters—under the OCC’s existing authorities—to financial technology companies. Comptroller…more

Wind Energy in Texas: Powerful or Not?

On Oct. 26, the U.S. Energy Information Administration released a report challenging the view that Texas is a leader in wind power production. According to the report, Texas lagged far behind Midwest and Plains states in 2015 in…more

The New Salary Regulations: The Saga Continues

While employers took solace from the Nov. 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not over. The…more

Is There Practical Evidence of Climate Change?

A recent article in The New York Times titled: Perils of Climate Change Could Swamp Coast Real Estate, indicates that rising seas and storm-related flooding in Florida appear to be driven by climate change and may be having direct…more

Criminal Background Checks: Banning the Box in Los Angeles

Los Angeles City is on its way to approve a new Ordinance prohibiting employers with 10 or more employees from including on any application for employment any question that seeks the disclosure of an applicant’s criminal history. The…more

Kentucky Court Of Appeals Slashes Punitive Award Against Grant Thornton

A couple of months ago, the Kentucky Court of Appeals in Grant Thornton LLP v. Yung cut a trial court’s award of punitive damages from $80 million to $20 million—reducing the punitive/compensatory ratio to 1:1…more

Substantial Transformation of IT Products Under the TAA Requires Careful Careful Consideration

The Trade Agreement Act (“TAA”) utilizes a “substantial transformation” test in determining the country of origin of an end product composed of various parts from various countries. Substantial transformation is assessed and determined…more

Slam Dunked! First District Rejects All CEQA And Land Use Challenges To Golden State Warriors Event Center Project And EIR In Expedited Litigation

In a lengthy published opinion filed November 29, 2016, the First District Court of Appeal rejected all legal challenges to the City of San Francisco’s Final Supplemental Environmental Impact Report (FSEIR) and related land use…more

FTC Releases Report on the “Sharing Economy” for Internet-Based Services

Last month, the FTC released a staff report entitled “The ‘Sharing’ Economy: Issues Facing Platforms, Participants, and Regulators,” that assesses evolving business models relying on internet and app-based “sharing economy” platforms…more

Compliance Clock Begins to Tick for BIAS Providers Following Publication of Privacy Rules in the Federal Register

The FCC’s new privacy rules were published in the Federal Register last Friday, December 2, 2016. The publication of these rules initiates the period in which broadband ISPs must come into compliance with the agency’s sweeping new…more

[Video]Business Succession Planning

In this video, McNees attorney Andrew Rusniak explains the importance of business succession planning and how to best simplify the complex legal and tax issues that can arise…more

European Commission Adopts Delegated Regulation on RTS on Criteria for Establishing When an Activity Is Considered to Be Ancillary to the Main Business

The European Commission adopted, on December 1, 2016, a Delegated Regulation supplementing the MiFID II Directive (2014/65/EU) in relation to regulatory technical standards (“RTS“) on the criteria for establishing when an activity is…more

Reminder: Minimum Wage in Michigan Increasing in January

On January 1, 2017, the minimum wage rate in Michigan will increase from $8.50 per hour to $8.90 per hour. This increase marks the third out of four scheduled increases which began in 2014…more

Cell Phone Manufacturer and Firmware Provider Hit with Consumer Class Action Over Extracting and Transmitting User Information Without Consent

A recent class action lawsuit is alleging that cell phone manufacturer Blu Products, Inc. (“Blu”) and firmware providers Shanghai Adups Technology Co., Ltd. and Adups USA LLC (“Adups”) violated several federal privacy laws by selling…more

Not All Faith-Based Communications Are Protected By The Clergy-Penitent Privilege

The clergy-penitent privilege (also known as the clergy privilege, confessional privilege, priest–penitent privilege, clergyman–communicant privilege, and/or ecclesiastical privilege) is a recognized form of privileged communication…more

21st Century Cures Act Includes Prohibition on Information Blocking and Mandates for Additional HIPAA Guidance

On November 30, 2016, the U.S. House of Representatives voted strongly in favor of the 21st Century Cures Act (the Act), an expansive health bill that addresses the discovery and development of new medical therapies as well the…more

Peter Dinklage takes on Elf

It’s December, which means that those of us holiday fanatics can decorate and watch Christmas movies to our hearts’ content without shame. Of course, I won’t tell anyone if you already had your tree up in November (like me) or if you…more

Practical Considerations for Medical Practices Considering Converting Their Vascular Access Centers Into Medicare-Certified Ambulatory Surgery Centers

On November 2, 2016 the Centers for Medicare & Medicaid Services (CMS) released the 2017 Medicare Physician Fee Schedule (MPFS) Final Rule. Although the impact of the Final Rule on nephrology reimbursement is projected to be 0%…more

Minnesota Legislative Update: Budget Forecast

With the 2017 Minnesota Legislative Session approaching, we wanted to send a quick update on the recent budget and economic forecast. Budget Forecast On Friday, December 2, Minnesota Management and Budget (MMB) released its…more

Captive Insurance - Looming IRS Reporting Deadline

Many businesses have been caught off guard by a recent Internal Revenue Service (IRS) notice that implicates a popular and commonly-used structure to manage risk. The notice employs a broad net and a short deadline, and significant…more

Singapore Legal Update - November/December 2016

Companies Act to Allow Re-domiciliation Into Singapore - On 26 October 2016, the MOF and the ACRA proposed to amend the Companies Act to allow for inward re-domiciliation of companies. This will allow a foreign company to…more

Obama’s Actions to Promote American Entrepreneurship Include Supporting Nanotechnology Industry

On November 30, 2016, the White House published a blog item, “President Obama’s Top Ten Actions to Accelerate American Entrepreneurship,” and posted a fact sheet on President Obama’s entrepreneurship accomplishments. The tenth action…more

EPA Announces Opportunity To Comment On Changing The RFS Point Of Obligation

On November 22, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register of an opportunity to comment on petitions requesting EPA initiate a rulemaking process to reconsider its regulations that…more

[Video]FCPA Compliance Report-Episode 293, Saskia Zandieh on the new French Anti-Corruption law, Sapin II

In this episode, I visit with Miller & Chevalier Counsel, Saskia Zandieh on the new French anti-corruption law, Sapin II. She discussion how it may improve the nation’s current anti-corruption framework, and review the practical…more

Florida Court Finds HUD Face-to-Face Requirements a Condition Precedent to Foreclosure

In a decision issued Dec. 2, Florida’s Fifth Court of Appeal became the first Florida state appellate court to find that the Housing and Urban Development (HUD) regulation, requiring a face-to-face interview with borrowers, is a…more

New Rules of the Cyber Road: Federal Banking Regulators Seek Comment by January 17, 2017 on Proposed Cybersecurity Regulations

Continuing the trend of recent years, cybersecurity has remained at the top of the regulatory agenda for several federal and state agencies. For financial institutions, keeping track of the dizzying array of proposed regulations is a…more

Energy Policy In The Trump Era: Part 1

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. Reducing regulation was a…more

Have Yourself a Safe, Undistracted, and Accident Free Holiday

Seyfarth Synopsis: Keep your holidays happy and safe. At this time of year, with all of the joy, parties, and excitement the season brings, employers need to be especially vigilant to keep and maintain a safe workplace environment for…more

Asbestos Alert: Employers and Land Owners Have Duty to Take-Home Exposure Plaintiffs

Kesner v. Pneumo Abex, LLC - Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme Court, which…more

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