Latest Updates

State Programs to Encourage Zero-Emitting Generation are Really, Really, Constitutional

Hard on the heels of decision upholding the Illinois “zero-emission credit” program to prop up nuclear plants in that state, Judge Valerie Caproni of the South District of New York has now upheld a similar ZEC program in New York… more

ACCC and Crownbet Roll the Dice One More Time, Both Apply for Judicial Review of Tabcorp/Tatts Merger Authorisation

In brief: - On 10 July 2017, the ACCC applied to the Federal Court for judicial review of the Australian Competition Tribunal (Tribunal)'s determination to grant authorisation to Tabcorp Holdings Limited's proposed acquisition of… more

Back to Basics: A Review of Recent SCOTUS Personal Jurisdiction Jurisprudence

As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty. Over the last six years, the Supreme… more

Latest Revised I-9 Form Released

For the second time in less than a year, US Citizenship and Immigration Services (USCIS) has revised the Form I-9. The latest version of the form was released on July 17, and has a footer reading “07/17/17 N.”… more

Chicago U.S. Attorney Creates New Unit to Prosecute Health Fraud

On Thursday, July 20, 2017, acting U.S. Attorney for the Northern District of Illinois, Joel R. Levin, announced his office is increasing its attention on healthcare through a new Health Care Fraud Unit focused on prosecuting criminal… more

Proposed FCA Rules Extend Warmer Welcome to Sovereign-Controlled Companies

On 13 July 2017, the Financial Conduct Authority (FCA) proposed a relaxation of certain aspects of the premium listing segment for sovereign-controlled companies. The proposed new rules will create a new premium listing category… more

Alcohol and Tobacco Tax and Trade Bureau Announces Joint Operation Targeting Alleged “Pay-to-Play” Activities in Florida

On July 20, 2017, the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) announced a joint operation it conducted with the Florida Department of Alcoholic Beverages and Tobacco (DABT) to investigate potential trade practice… more

U.S. Department Of Labor To Revoke Obama-Era Tip-Pool Restriction Regulation

Recently, the United States Department of Labor (USDOL) announced that it would begin the process of revoking an Obama-era regulation that restricted which employees could participate in a tip pool. While the revocation of this federal… more

The EDiscovery Outcome Economy Part Two: How to Uncover Value After a Production

To ensure value, eDiscovery projects should look to both provide a compelling narrative to the trial team, as well as continuously improve case outcomes by facilitating case management. The goal of eDiscovery should be to provide… more

Governors Of 38 States Sign Cybersecurity Compact

As Governor Terry McAuliffe (D-VA) completed his term as Chair of the National Governors Association, he announced on July 14, 2017, that 38 governors had signed a compact to improve state cybersecurity. The compact was the culmination… more

SEC Issues Release & Investigative Report on Token Sales

The SEC has issued long awaited guidance regarding token sales, also referred to as ICOs. We will issue a summary of this guidance shortly, but in the interim please find the links to the SEC’s press release, investigative report (link… more

Draft Regulation Expands Critical Information Infrastructure Definition and Requirements

Another draft rule, “Regulation on the Security Protection of Critical Information Infrastructure” (Draft Regulation), was released for public comments on July 10, 2017, by the Cyberspace Administration of China (CAC). The submission… more

It Is Not A Duck! $535 million pipeline verdict reversal portends new era of joint venture conflicts.

On July 18, 2017, the Dallas Court of Appeals reversed a 2014 jury verdict that resulted in a $535 million judgment in favor of Energy Transfer Partners, L.P. (“ETP”) against its counterparty (appellate decision linked here). In so… more

Ambulance Service Declared a Learned Profession in NJ

Who knew? In New Jersey ambulance service is considered a “learned profession,” up there with medicine and law. And that classification provides more than prestige. It means exemption from the state’s Consumer Fraud Act (CFA). That was… more

DOL Seeks Comments on FLSA Overtime Exemption Regulations

The DOL’s request for public comments concerning the FLSA’s overtime exemptions regulations suggests there could be significant changes ahead on those regulations… more

Six Ways to Improve Cybersecurity Policies and Procedures

The SEC has declared cybersecurity to be an examination priority for financial institutions (i.e., broker-dealers, investment advisers, and registered investment companies) in each of the past four years. While the SEC’s comments in… more

A Drill Down On Pence’s Policy In Context Of Avoiding Workplace Discrimination

David Donovan of South Carolina Lawyers Weekly posted an article, “The Pence Policy: Male-Female Interaction Rule May Have Pitfalls for Employers”, which addresses how Vice President Pence’s policy to never eat alone with a woman other… more

Need Another Reason To Avoid Mixing Family & Finances?

You have a big heart and a little bit of money. You want to help out a cash-strapped family member, and – “because you’re family” – you don’t put down how much you’ll loan or how it’ll be paid back… more

EEOC Sues Over – Get This – “Spanish-Only” Policy

You’ve heard of “English-only” policies, but here is a new one. The Equal Employment Opportunity Commission filed suit last week against a Houston-area company for allegedly requiring applicants to be of Hispanic national origin and… more

Ninth Circuit Holds that FDA Violations Can Lead to FCA Liability

On July 7, 2017, the Ninth Circuit Court of Appeals issued an opinion in United States ex rel. Campie v. Gilead Sciences, Inc., holding that violations of Food and Drug Administration (FDA) regulations could create liability under the… more

CMS Proposes Medicare OPPS, ASC Update for CY 2018

CMS has published its proposed rule to update Medicare Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) payment system rates and policies for calendar year (CY) 2018. In addition to proposing… more

ERISA Procedural Rights Violations Can Still State Federal Claims

Last year, the United States Supreme Court decided Spokeo v. Robins, holding that a procedural violation of a statute is insufficient to create a “concrete” injury and confer standing if the plaintiff suffered no real harm. Spokeo… more

Second Circuit Follows Viking Pump Methodology to Calculate Total Insurance Liability for Environmental Cleanup Efforts Spanning Years and Policies

On July 17, the U.S. Court of Appeals for the Second Circuit decided the case of Olin Corporation v. OneBeacon America Insurance Company, an environmental insurance recovery lawsuit. Olin Corporation has filed such lawsuits against… more

Lawmaker Investigates Small-Business Fintech Lending

Expressing concern about potential discrimination, one federal lawmaker has decided to take a closer look at small-business financial technology lending, sending letters to several fintechs with a series of questions… more

New Mexico’s Data Breach Notification Is in Effect: What You Need to Know

New Mexico became the 48th state to enact data breach notification legislation with the Data Breach Notification Act, signed in April and effective as of June 16, 2017. Following a round of revisions that removed some of its more… more

N.D. Illinois Dismisses Illinois Whistleblower Act Claim

The U.S. District Court for the Northern District of Illinois recently granted a Rule 12(b)(1) and (6) motion to dismiss a former employee’s complaint alleging retaliation under the Illinois Whistleblower Act (“IWA”).  Huang v… more

Federal Circuit Thoroughly Reverses District Court Findings of Velcade® Patent Obviousness

On July 17, 2017, the United States Court of Appeals for the Federal Circuit reversed, in a precedential opinion in Millennium Pharmaceuticals, Inc. v. Sandoz, Inc., No. 2015-2066 (Fed. Cir. July 17, 2017), a district court ruling that… more

Tips For Telephonic Depositions For Attorneys & Court Reporters

Everyone is looking for opportunities to save costs these days in litigation. Many attorneys are choosing to take depositions telephonically so as to not incur travel costs and to save travel time. Here are some ideas on how to make… more

Brazil Enacts Major Labor Reform

The Brazilian Congress has approved an important labor reform bill. The new law, Law 13.467, is a sweeping modernization of more than a hundred clauses in Brazil’s Consolidated Labor Law, many of which have been untouched since first… more

Do the Proposed Changes to SBA’s HUBZone Program Go Far Enough?

H.R. 3294, the HUBZone Unification and Business Stability Act of 2017, proposes several changes to the HUBZone program that are intended to reduce certification timelines, stabilize the program, and collect and report on performance… more

Robotic Review: The Use of Artificial Intelligence in Contract Review

Through the help of artificial intelligence (“AI”), your smartphone can act as a GPS that adjusts its recommended route in real-time based on emerging traffic patterns. By adapting to changes in traffic, the smartphone is able to… more

Making Informed Decisions About Informed Consent

Patients have come to expect that they will be actively involved in making decisions about their health care. Informed consent aids patient involvement and provides a process whereby a health care provider discusses a treatment or… more

DOJ Turns Up the Heat on Asset Forfeitures

Last week, Attorney General Jeff Sessions announced that the United States Department of Department ("DOJ") is returning to its past practice of aggressively pursuing asset forfeiture cases and sharing the proceeds of those seizures… more

Recent U.S. Tax Court Case Reverses Long Held IRS Position Regarding Taxation of Sales of Partnership Interests by Foreign Investors

Following the inauguration of the new administration in January 2017, many investors were anticipating the passage of a transformative tax reform bill at some point in 2017. Although legislative tax reform is seemingly stalled in… more

Third Circuit Decides Goods Are “Received” Upon Physical Possession in Bankruptcy Case

Many creditors that provide goods to a debtor before a bankruptcy case begins believe that their recovery will be mere cents on the dollar. While prepetition claims often receive small, if any, distributions, Section 503(b)(9) of the… more

Retailers: Review Those Checkout Practices – Again

If you are a retailer with locations in New Jersey, you will need to review your procedures in anticipation of a new law effective October 1, 2017… more

Reminders: FCC Filings Due August 1, 2017

Form 499-Q Quarterly Telecommunications Reporting Worksheet Carriers and providers of interstate and international telecommunications, including, but not limited to, interconnected Voice over Internet Protocol providers, providers… more

Privette Doctrine Prevails To Protect Maintenance Contractor

In Alvarez v. Seaside Transportation Services, LLC et al. (No. B275980, filed July 20, 2017), Division Eight of the Second Appellate District affirmed a trial court grant of summary judgment to defendants based on the Privette… more

Alert: Export Control Reminder: Semi-Annual Encryption Reporting Deadline 8/1/17

August 1, 2017, is the deadline for submitting semi-annual reports for certain ENC Restricted encryption items exported or re-exported between January 1 and June 30, 2017, pursuant to paragraphs (b)(2) and (b)(3)(iii) of License… more

Delaware Passes Law Permitting Companies to Use Blockchain Technology to Issue and Track Shares

On Friday July 21, 2017, Delaware's Governor John Carney signed into law amendments to Delaware's General Corporation Law to account for the use of blockchain technology in corporate record-keeping. The legislation will be implemented… more

Cannabis Industry Jammed With Extensive Environmental Regulations

The surge of new cannabis-related regulations continues in California this month, this time courtesy of the State Water Resources Control Board. In response to Senate Bill 837, the agency recently released a draft Cannabis Policy and… more

ICOs: Proceed With Caution

Yesterday, the Securities and Exchange Commission (“SEC”) issued an investor bulletin and an investigative report. The investigative report found that companies involved in sales of digital assets via distributed ledger or blockchain… more

Healthcare & Life Sciences Private Equity Deal Tracker: KKR Portfolio Company to Acquire WebMD for $2.8 Billion

KKR has announced its portfolio company, Internet Brands, will acquire WebMD Health Corp. The transaction is valued at approximately $2.8 billion. Kohlberg Kravis Roberts (KKR) & Co., based in New York, considers investments in all… more

NIOSH Publishes Chapter on Analysis of Carbon Nanotubes and Nanofibers on Filters by Transmission Electron Microscopy

The National Institute for Occupational Safety and Health (NIOSH) has published a chapter in the fifth edition of the NIOSH Manual of Analytical Methods (NMAM) entitled “Analysis of Carbon Nanotubes and Nanofibers on Mixed Cellulose… more

Oil And Gas Update For Week Ending 7/21/2017 – PA Supremes On The Environmental Rights Amendment, Third Circuit On “Buyers For Value” In Bankruptcy Claim Proceedings, And ND Supremes On Pore Space Ownership.

After a few weeks off we’re back at the well. The national rig count dipped two units last week for the first time in a long time while oil and natural gas prices increased slightly. Since our last report, the Pennsylvania Supreme… more

As Trump Declares “We Are Out” of the Paris Accord, Investors Demand More Climate Change Risk Disclosure from Within

Investors from around the world have spoken. For the first time in history, they have publicly demanded more transparent and complete corporate financial risk disclosures related to climate change. While climate change risk disclosures… more

Vacation Float: Managing (and Recouping) Unearned Vacation Time

Summertime is vacation time. And vacation time means headaches for employers who engage in vacation float. Vacation “float” is the practice of advancing vacation to employees before they actually accrue it under an employer’s vacation… more

Future of Insurtech: Opportunities and Challenges

The emerging insurance tech (“insurtech”) industry is growing at breakneck speed. While in 2011 insurtech startups received $140 million in funding from 28 total deals, investment increased more than tenfold in 2016, with investors… more

Witnesses at Congressional Hearing on 340B Urge Congress To Give HRSA Broader Regulatory Authority

On July 18, 2017, just days after CMS went public with its proposal to reduce Medicare Part B reimbursement to certain 340B covered entities, Congress held its first hearing on 340B Program Oversight since March 2015. A common thread… more

Court of Chancery Advocates New Test Governing Preclusion in Derivative Litigation

In re Wal-Mart Stores Inc. Delaware Derivative Litig., C.A. No. 7455-CB (Del. Ch. July 25, 2017) - This is an important decision holding that just because one derivative litigation was dismissed for failure to overcome the… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Nutter, a top-tier, Boston-based law firm, has a long-standing reputation for business savvy and pragmatism. The firm's service model relies on teams of subject-matter experts using their knowledge of…

[ About | Legal Updates ]

Watch This