Latest Updates

DOJ Takes Down AlphaBay, the World’s Largest Dark Web Marketplace

The U.S. Department of Justice has announced the seizure of AlphaBay, the largest criminal marketplace on the Internet, which was used to sell stolen financial information, identification documents and other personal data, computer… more

RICanada Welcomes Quebec Renewable Fuel Volume Requirements

Renewable Industries Canada (RICanada), a principal stakeholder representing Canadian producers of clean-burning renewable fuels, announced that the Quebec Government’s 2017-2020 Action Plan under the 2030 Energy Policy included, for… more

Request for Leave Not a Reasonable Accommodation for Temporary Employee

In a decision with important ramifications for temporary staffing agencies and employers that use their services, the 10th U.S. Circuit Court of Appeals has held that the Americans With Disabilities Act (ADA) does not entitle a… more

California Small Businesses Face Unique Dilemma Under Narrow Worker Status Categories

They say location is everything in business. How about classification of workers? In certain industries, workers have a unique combination of specified skills and relative freedom to do their job. As a result, small businesses are… more

Ninth Circuit Denies Motion for Further Mandamus Relief in Chlorpyrifos Proceedings

On July 18, 2017, a panel of three judges at the U.S. Court of Appeals for the Ninth Circuit issued an order denying petitioners’ Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC)… more

“Not My Employee, Not My Problem.” Oh, Yeah?

Employers, has this ever happened to you? A guy (we’ll call him “Ryan”) comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan’s “HR” representative. Your company pays the agency… more

Form I-9 Revised Yet Again

U.S. employers should be advised that USCIS has released a new version of Form I-9, Employment Eligibility Verification, and the new form will take effect as of September 18, 2017… more

Acting Comptroller Noreika confirms continued OCC interest in SPNB charter proposal for fintech companies; our thoughts on the need for an OCC rule

Acting Comptroller of the Currency Keith Noreika, in remarks on July 19 to the Exchequer Club, confirmed that the OCC is continuing to consider its proposal to allow financial technology (fintech) companies to apply for a special… more

Champion Fiberglass Sued by EEOC for Systemic Race and National Origin Discrimination

Federal Agency Charges Local Company Engaged in Practices That Unlawfully Discriminated Against Non-Hispanic Applicants - HOUSTON - Champion Fiberglass, Inc., a Houston-area manufacturing company, violated federal… more

NAFTA: USTR Summary of Objectives Released July 17, 2017

The North American Free Trade Agreement (NAFTA) modernization process advanced on July 17, 2017 with the release by the Office of the United States Trade Representative (USTR) of the NAFTA negotiating objectives summary… more

San Francisco Becomes Latest to Ban Salary History Inquiries

Joining a growing list of state and local governments, San Francisco Mayor Ed Lee today signed an ordinance which will ban employers from asking job applicants about their salary histories.  The new ordinance will go into effect on… more

Department of State Updates “Close Familial Relationship” definition for Executive Order 13780 based on Hawaii District Court Ruling

On July 17, 2017 the Department of Homeland Security (DHS) and U.S. Department of State (DOS) announced updates regarding the implementation of President Trump’s Executive Order 13780, in response to a ruling by the U.S. District Court… more

Is Your Culture Putting Your Firm At Risk?

While I acknowledge the vital role that culture plays with respect to defining each law firm’s working environment, creating expected behaviors, and establishing a “glue” among the lawyers, I am increasingly seeing law firms where… more

FCC Focuses on Consumer Protection From Robocalling and TCPA Violations

On July 13, the FCC issued a second notice of inquiry, following its March 23 adoption of a notice of proposed rulemaking, aimed at protecting consumers from robocalls. The rulemaking proposes express authorization for carriers to… more

Republican lawmakers move forward on CRA resolutions to override CFPB arbitration rule

House and Senate Republicans announced yesterday that they are sponsoring Congressional Review Act resolutions to override the CFPB’s final arbitration rule, which was published in the Federal Register… more

PILLOW TALK: A Threat to Trade Secrets?

It turns out that, even in romantic relationships, some things are best kept secret. On July 7, 2017, Teva Pharmaceuticals USA, Inc. filed a complaint in the Eastern District of Pennsylvania alleging that a former executive disclosed… more

Clarence Darrow, the Scopes Monkey Trial and Leadership

Today we honor one of the ‘Trials of the Century’ from the 20th century, as on this day in 1925, the Scopes Monkey Trial ended with defense attorney Clarence Darrow giving one of his greatest closing arguments, asking for his client to… more

Business Litigation Alert - "Enterprise Products v. ETP: No Legal Obligation really means No Legal Obligation"

A Texas Court of Appeals ruled this week that when companies agree in writing that they have no legal obligations to proceed with a project, they mean it. That may appear to be a simple concept but a jury came to a different conclusion… more

[Video]Day 13 of One Month to More Effective Internal Controls-Code of Conduct as an Internal Control

Last year, one of the most interesting non-Foreign Corrupt Practices Act (FCPA) enforcement actions was announced by the Securities and Exchange Commission (SEC). It involved a clear quid pro quo benefit paid out by United Airlines to… more

Trump Administration Re-Certifies Iranian Compliance with Nuclear Agreement; Imposes Sanctions on Additional Entities for Other "Malign" Activities

On July 17, the Department of State communicated to Congress that Iran remains in compliance with its obligations under the Joint Comprehensive Plan of Action (JCPOA), the nuclear agreement reached over Iran’s nuclear program by the… more

Renewable Alert Letter 32: METI Operation Change - Changes to Business Plan before Completion of Transition to New FIT Scheme

A FIT facilities approval (setsubi nintei) under the old FIT Act may be deemed as a FIT business plan approval (jigyo nintei) subject to certain conditions under the new FIT Act. However, in order to complete the transition of the… more

Second Circuit Limits Disclosure of Independent Monitor Reports in Deferred Prosecution Cases

On July 12, the U.S. Court of Appeals for the Second Circuit issued an important decision regarding the role of federal courts in cases resolved through deferred prosecution agreements (DPAs) — a settlement avenue that the Department… more

Introducing the New(est) Form I-9

U.S. Citizenship and Immigration Services has announced that employers must start using a new Form I-9, effective September 18. Employers aren’t likely to notice the changes in the new Form I-9, but they should start using the new… more

Texas Third Court of Appeals Overturns TCEQ Action and Confirms that Statutory Provisions Mean What They Say

On July 11, 2017, the Third Court of Appeals at Austin (Texas) issued a decision in Freestone Power Generation, LLC et al. v. Texas Commission on Environmental Quality, Cause Nos. 03-16-00693-CV et al. (“Freestone Power”), holding that… more

Your Daily Dose of Financial News

With all of Europe closely eyeing the ECB for hints about its move away from aggressive bond buying, some cities that have benefited disproportionately from the QE are being forced to consider what life on the other side will look… more

Speculation heats up over Director Cordray’s departure plans

According to news reports yesterday, Ohio Supreme Court Justice Bill O’Neill has told media sources that he was informed by an unnamed mutual friend that Director Corday plans to enter the 2018 Democratic primary for Ohio governor… more

Show Me the Money: Broadcaster Auction Payments Coming in Next Few Days

According to a newly-released Public Notice, the FCC has directed the U.S. Department of Treasury to pay all broadcasters who had winning bids in the recently concluded spectrum incentive auction. The only exceptions are those… more

As Feds Talk, States Act: A Survey of Recent State Actions to Rein in Drug Prices

While Congress and the White House continue to make statements about the need to rein in drug costs, several states are enacting legislation or regulations that offer the greatest opportunity to remake practices that are often depicted… more

Derivative Complaints By Creditors Against Chapter 7 Trustees – They Don’t Tend To Go Very Far

In a decision signed July 17, 2017 in the Our Alchemy, LLC bankruptcy (case 16-11596), Judge Gross of the Delaware Bankruptcy Court granted a trustee’s partial motion to dismiss a complaint, holding that a creditor cannot assert… more

Rules To Come? Future Regulatory Agenda For OSHA

It’s that time of year again…when the federal government tells the regulated community what types of rulemaking initiatives that various agencies are undertaking for the year. Yesterday, the semiannual regulatory agenda was published… more

What to Do Now About the New CFPB Rule on Arbitration?

What to do now about the new CFPB rule on arbitration? (1) begin planning now and (2) begin actual preparation after the 60 days runs. Congress has 60 days after publication of the new CFPB rule to take action to stop the… more

Department Of Labor To Rescind 2011 Tip Pooling Regulation

Yesterday the Trump Administration, through the Office of Management and Budget’s Office of Information and Regulatory Affairs, released the federal government’s semi-annual Unified Agenda of Regulatory and Deregulatory Actions. This… more

NLRB Nominees Kaplan, Emanuel Advance To Senate Vote

Marvin Kaplan and William Emanuel, President Trump’s nominees to fill the two vacant seats on the National Labor Relations Board, cleared another hurdle Wednesday by making it out of the Senate Health, Education, Labor and Pensions… more

AGG Food and Drug Newsletter - July 2017

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC office, and… more

CFPB Rules Permitting Consumer Class Actions Against Financial Institutions Set to Take Effect Absent Action by Congress

In 2016, the Consumer Financial Protection Bureau (CFPB) announced that it was seeking public comment on proposed rules that would limit the effect of mandatory arbitration clauses for consumer finance transactions and allow consumers… more

California post-2020 GHG Regulation Debate: Compromise Passed Both Houses with a Two-Thirds Vote

To achieve its goals of reducing greenhouse gas (“GHG”) emissions linked to global warming, California relies upon a number of programs and policies, including a system of capping total GHG emissions from regulated source, but allowing… more

Coherus Challenges One AbbVie Humira Patent In Four PTAB Proceedings

I’ve written previously about sequential PTAB challenges to the same patent, but the dispute between Coherus Biosciences Inc. and AbbVie Biotechnology Ltd. has engendered six Inter Partes Review proceedings against the same Humira… more

Design Patents at the PTAB?

In the wake of the high-profile dispute in Apple v. Samsung, design patent procurement and enforcement activity has increased significantly. But practitioners may not appreciate that design patent validity can be attacked using inter… more

CMS Proposes Reimbursement Reduction for 340B Drugs

When CMS issued its proposed rule for OPPS and ASC Payment System on July 13, the agency included a proposal to substantially scale back reimbursement for Part B drugs to hospitals participating in the federal 340B Drug Discount… more

Final New York Paid Family Leave Regulations Released: What Employers Need To Know

The Workers’ Compensation Board adopted the final regulations for New York’s new Paid Family Leave Benefits Law (PFL) on July 19, 2017. Final Regulations were issued previously by the Department of Financial Services on May 16, 2017… more

Hate Those EEOC Regs? Here’s Your Big Chance!

In February, President Trump issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” which directs federal agencies to establish regulatory reform task forces to make recommendations about repealing, replacing, or… more

FTC Announces Reforms to Civil Investigative Demands

The Federal Trade Commission (FTC) recently announced reforms to its internal processes to streamline information requests and improve transparency in Commission investigations. Quick tutorial — the FTC may issue Civil Investigative… more

NY Court Rules That Class Action Waivers Are Unenforceable

While pundits and practitioners eagerly await the U.S. Supreme Court’s looming decision on whether class action waivers in employment-related agreements violate the National Labor Relations Act (NLRA) – which will not be issued until… more

Amazon Tips Its Hand With New Trademark Application

As you likely know, Amazon is taking the world by storm. Whether it is through its convenient offering of household goods, and pretty much anything else you can imagine, to your door, or through its expansive selection of movies and… more

Deficient Administrative Record Leads Federal Court to Vacate 15-Year Debarment

A recent federal court decision vacating a staggering 15-year debarment based on shortcomings in the administrative record offers a glimmer of hope to contractors facing exclusion from federal programs, and reinforces the importance… more

Should You Record Internal Investigation Interviews?

As a former federal prosecutor, I noticed a renewed discussion of the important question of whether witness interviews should be recorded (either audio or video). I have always found this issue to be interesting and have welcomed… more

The State AG Report Weekly Update

Consumer Protection- 14 AGs Oppose Rollback of FCC Net Neutrality Protections- 14 Democratic AGs, led by Illinois AG Lisa Madigan, submitted comments urging the Federal Communications Commission (“FCC”) to ensure open access to… more

Ruling Leaves Local Public Agencies Open to Legal Actions Asserting Wasteful Government Spending by Non Property Owners

Cherrity Weatherford, who was a resident of the City of San Rafael in Marin County, rented (but did not own) property in the City. Although Weatherford’s vehicle was not impounded, she nonetheless took issue with the City’s and… more

Hedging Bets On Social Security

If you have been reading the news lately, we have seen lots of electronic ink spilled over entitlement programs, especially Medicaid and its role in health care reform. Meanwhile, the report of the Trustees of the Social Security Fund… more

Be Careful When Using Biometric Information

While not strictly speaking a wage and hour issue, here is a heads-up to any employers that use timekeeping systems featuring biometric security, like a thumbprint or fingerprint scanner..… more

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