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Tips for Drafting Executive Employment Agreements -Tip #2 – Severance Conditions

This article continues with another tip for drafting executive employment agreements and the importance of consulting counsel. For every well drafted executive employment agreement in the business world, there seem to be multiple… more

UK arbitration news round-up

Our arbitration news round-up includes commentary on the following: - The "Brexit effect" on London as a dispute resolution centre. - Recent gender statistics show more women arbitrators appointed. - ICC report on use… more

Tax Court Rejects IRS’ Position in Rev. Rul. 91-32

Grecian Magnesite Mining, a Greek corporation (GMM), owned an interest in Premier Chemicals LLC, a Delaware limited liability company classified as a partnership for US income tax purposes (Premier). Premier conducted a trade or… more

OCC FinTech Charter in Trump Administration Cards

If you are wondering about the prospects of the OCC FinTech national bank charter under the Trump Administration, we got a sign yesterday. In his remarks to the Exchequer Club in Washington, D.C., President Trump’s Acting Comptroller… more

How to Keep it Brief: The No. 1 Secret to Shortening Your Meetings

No one likes sitting in a meeting any longer than necessary. So here’s the best kept secret for shortening a meeting: bypass debate on non-controversial motions… more

Temporary Worker Not Entitled To Leave As A Reasonable Accommodation

The Tenth Circuit recently addressed whether an employer had failed to make a reasonable accommodation under the Americans with Disabilities Act, 42 U.S.C. § 2000e et seq., (“ADA”) regarding a temporary worker’s request for time off as… more

How Employers Can Avoid California Labor Code Section 925

Many non-California employers view the enactment of California Labor Code Section 925 as destroying any possibility of avoiding the state’s restrictive covenants laws for California-based employees. But there is hope! With creative… more

[Audio]Everything Compliance-Episode 14

Show Notes for Everything Compliance-Episode 14 Topics from Matt: 1.Trump Administration & FCPA enforcement— we have two declinations now; maybe a compare-and-contrast, and speculation on what a tough Trump Admin enforcement… more

Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that markets… more

Maine Court Holds That Expert Testimony is Required to Prove Causation in Legal Malpractice Action

Brooks v. Lemieux, 2017 WL 1056194 (Me. 2017) - Brief Summary - The Maine Supreme Judicial Court recently held that expert testimony based on supporting facts in the record was required to prove causation between an attorney's… more

MoFo IP Newsletter - July 2017

Supreme Court Hits Reset on Patent Venue Law in TC Heartland - In the recent TC Heartland LLC v. Kraft Foods Group Brands LLC decision, the Supreme Court reversed nearly thirty years of patent venue law and held that a domestic… more

NYC Consumer Affairs Department Adopts Final Rules on Freelance Isn’t Free Act

Hiring parties should review their current independent contractor agreements to ensure compliance with the adopted rules… more

Dialware Communications, LLC v. Hasbro, Inc. (C.D. Cal. 2017)

In the U.S. District Court for the Central District of California, Dialware Communications sued Hasbro, Inc. alleging that Hasbro's Furby toys infringe on five patents: U.S. Patent Nos. 7,183,929 (the "'929 Patent"), 7,383,297 (the… more

USCIS Unveils New Form I-9s Like Apple Unveils iPhones

Just as employers began getting comfortable with the “new” Form I-9 unveiled in November of last year, the U.S. Citizenship and Immigration Services (“USCIS”) released yet another revised Form I-9 to be used for employment eligibility… more

Massachusetts SJC: Medical Marijuana Users May Be Safe from Employer Discrimination

In a landmark decision that is likely to influence other states, a recent ruling in Massachusetts protects medical marijuana users against discrimination by their employers absent undue hardship… more

Top Ten International Anti-Corruption Developments for June 2017

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This… more

Financial Services Weekly News - July 2017 #2

Editor's Note - In This Issue. After making a splash with the finalized version of its Arbitration Rule, the Consumer Financial Protection Bureau (CFPB) proposed temporary adjustments to the reporting requirements for banks and… more

Trump to Nominate SEC Commissioner

On July 18, 2017, President Donald Trump announced his intent to nominate Ms. Hester Maria Peirce as a Commissioner of the Securities and Exchange Commission for the remainder of a five-year term expiring June 5, 2020… more

Massachusetts High Court Concludes that State Anti-Discrimination Laws Protect Medical Marijuana Users

In May 2017, we reported on Callahan v. Darlington Fabrics and the Moore Company, a Rhode Island Superior Court decision that applied workplace anti-discrimination protections to medical marijuana users. Massachusetts has now joined… more

Massachusetts SJC Extends Job Protections to Medical Marijuana Users

In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled on Monday that an employee who is fired for testing positive for marijuana due to her lawful off-duty use of medical marijuana can pursue a claim of… more

Is It Time to Update Your Contract's SSAE Audit Language?

The latest update to the Statement on Standards for Attestation Engagements (SSAE)—a set of standards applying to compliance reporting, issued by the Auditing Standards Board (ASB)—came into effect recently. If your contract requires… more

California Environmental Law and Policy Update - July 2017 #2

Environmental and Policy Focus - California Legislature’s vote on cap-and-trade program extension delayed - Los Angeles Times - Jul 13 - Governor Jerry Brown and legislative leaders introduced a proposal Monday to… more

Significant Cuts Proposed to Medicare Payments for 340B Drugs

As part of the CY 2018 proposed updates to the Medicare Hospital OPPS, the US Department of Health and Human Services has proposed to decrease Medicare Part B payments to hospitals for 340B drugs by almost 30 percent. The cut in… more

EPA Fails to Justify Its Use of Surrogates for Certain Hazardous Air Pollutants

July 18, 2017, the D.C. Circuit Court of Appeals remanded EPA’s MACT standards for PCBs, polycyclic organic matter, and hexachlorobenzene to EPA. Rather than setting specific MACT standards for these compounds, EPA regulated them… more

NAFTA Renegotiations: Status update

The United States, Canada, and Mexico each are moving ahead with preparations for the renegotiation of the North American Free Trade Agreement (“NAFTA”), with the first round of talks to take place in Washington from August 16-20. All… more

Florida’s Legislature Moves to Overrule Appellate Decision Regarding the Statute of Repose

Statutes of limitations and statutes of repose limit the length of time within which a cause of action may be brought. Unlike a statute of limitations, which begins to run after a loss occurs, a statute of repose for a construction… more

[Webinar] Post-Sales Restrictions After Impression Products v. Lexmark - August 2nd, 10:00am PT

The United States Supreme Court recently decided that a patent owner’s authorized sale of a patented item exhausts all patent rights to that item in Impression Products v. Lexmark International. Although this forecloses patent… more

CFPB announces final Arbitration Agreements Rule: what it prohibits, what it requires, and what's next

The Consumer Financial Protection Bureau has published its final Arbitration Agreements Rule (10 CFR § 1040, et seq.), prohibiting mandatory arbitration provisions and class action waivers in consumer financial services contracts… more

German Co-Determination Laws are Compliant With EU Law

July 18, the European Court of Justice (ECJ) followed the Advocate General`s motions to hold German laws on Employee Representation on Board Level do not violate EU law. Thus, the exclusion of all employees of global group entities… more

The Impact of TC Heartland: Motion to Challenge Venue Waived Where Defendant Failed to Bring Motion with Other Rule 12(b) Motion

After this patent infringement action was filed, the defendant, BigCommerce, filed a motion to dismiss for failure to state a claim for relief pursuant to Fed.R.Civ.P. 12(b)(6). BigCommerce did not file a motion to transfer or to… more

Medical Marijuana User’s Disability Discrimination Claim Survives Employer’s Motion to Dismiss in Massachusetts

In a decision that is the first of its kind, the Supreme Judicial Court of Massachusetts reversed the dismissal of a state law disability discrimination claim arising from an employee’s request for a reasonable accommodation in the… more

The Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs” (Ukrainian)

On 19 July 2017, comes into force the Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs” dated 23 March 2017. The Law stipulates that the imprint of… more

The Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs”

On 19 July 2017, the Law of Ukraine “On Amending Certain Legislative Acts of Ukraine regarding Use of Seals by Legal Entities and Individual Entrepreneurs” dated 23 March 2017 comes into force. The Law stipulates that the imprint of a… more

Three Fund Issues That Can Unexpectedly Impact Portfolio Company Investments

Increasingly complex fund structures and documentation mean that analysing how potential portfolio acquisitions interact with the fund at the top of any deal structure is more important now than ever. Investor Excuse Rights for… more

Municipalities Under Connecticut's New Cybersecurity Strategy

On July 10, 2017, Governor Dannel Malloy, along with Chief Information Officer Mark Raymond and Chief Cybersecurity Risk Officer Arthur House, released Connecticut’s initial Cybersecurity Strategy. The goal of the Cybersecurity… more

Minnesota Tightens Restrictions on “Drive-By” Disability Access Lawsuits

On May 23, 2017, Minnesota Governor Mark Dayton signed into law amendments to the Minnesota Human Rights Act (MHRA) that are intended to curb the flood of “drive-by” disability access lawsuits in the state. The law now requires… more

Trademark Office Issues Tequila Certification Mark Just In Time For National Tequila Day

National Tequila Day is celebrated on Monday, July 24. Tequila is made with the distilled extract of the blue agave plant, which grows in and around the city of Tequila and other parts of the state of Jalisco, Mexico. Although agave… more

Commercial building efficiency opportunities

A report prepared for the U.S. Department of Energy by the Pacific Northwest National Laboratory found that the nation's commercial building sector has significant potential to save energy by improving control measures and eliminating… more

New Maine Law Limits Manufacturer and Wholesaler Interactions with Health Care Professionals

Maine recently amended its Pharmacy Practice Act to prevent licensed manufacturers or wholesalers and their agents from offering or giving certain gifts to practitioners. The bill’s sponsor tied the issue of gifts from manufacturers… more

German Government Increases Foreign Investment Oversight

Changes to the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – FTPO) will impact certain cross-border transactions. Key Points: ..The changes, which entered into force on 18 July 2017, allow the German… more

SEC Chairman Clayton Talks Cyber Threats And Responses

On July 12, 2017, U.S. Securities and Exchange Commission Chairman Jay Clayton made his first public speech as head of the Commission, emphasizing the need for coordination between companies and regulators to thwart cyber attacks… more

Senate Timing Uncertain on Revised Better Care Reconciliation Act of 2017

On July 13, 2017, the Senate released its revised Affordable Care Act (ACA) repeal and replace bill, the Better Care Reconciliation Act of 2017 (BCRA), along with updated summaries (Titles I and II, and Title III) of the legislation… more

Recent case law update: Treatment of Trust Assets — Akers (and others) v. Samba Financial Group (2017)

The English Supreme Court has delivered a ruling that provides helpful guidance on the enforceability of trusts in respect of assets located in foreign jurisdictions that do not recognise trusts. The ruling also highlights potential… more

People with significant control regime: expanded scope and more regular reporting

Changes to the UK's regime for the disclosure by companies of their significant controllers (the PSC regime) took effect on 26 June 2017. The changes ensure that UK legislation is compliant with the EU's Fourth Anti-Money Laundering… more

The End of Days (Or At Least LIBOR)

You know, sometimes life’s problems smack you against the side of the head like a 2×4, and sometimes it’s just a multiplicity of middling offenses that become so annoying that you might just want to roll over and die. Think anything… more

The Case Of The Wholly Owned, But Not Totally Held, Subsidiary That May Or May Not Be 100% Owned

When someone says that a subsidiary is “wholly owned”, I believe that the common understanding is that the parent company owns all of the issued and outstanding equity of the subsidiary. What if the statement is that the subsidiary is… more

M&A Watch: That’s the Way the Cookie Crumbles – Delaware Court Rejects MAE Claim in Commercial Contract Litigation

The Delaware Court of Chancery recently reaffirmed its approach to Material Adverse Effect jurisprudence in the context of a commercial arrangement. Please see full Analysis below for more information… more

Ensuring appropriate confidentiality in arbitration: guidance for arbitrators and parties alike

A recent case, Symbion Power LLC v. Venco Imtiaz Construction Co [2017] EWHC 348 (TCC), highlighted two issues which touch on confidentiality in arbitrations: (1) the confidentiality of communications from an arbitrator to a party; and… more

[Video]Day 12 of One Month to More Effective Internal Controls-Board Oversight as an Internal Control

Is a Board of Directors a compliance internal control? I think the clear answer is yes. In the FCPA Guidance, in the Ten Hallmarks of an Effective Compliance Program, there are two specific references to the obligations of a Board in a… more

DHS Continues Focus on Border Security With Enhanced Aviation Security Measures

On June 28, 2017, Secretary of Homeland Security John Kelly announced the implementation of enhanced security measures for all commercial flights arriving in the United States. These enhanced procedures are set to affect 280 airports… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

In 1974, three of Portland's best known business lawyers, Moe Tonkon, Morris Galen and Fred Torp came together to create a new, nine lawyer firm. Today Tonkon Torp is one of the largest firms…

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