Latest Updates

Manatt on Medicaid: The Senate’s New Per Capita Cap Redistribution Policy

On June 22, Senate leadership released its proposed substitute for the House-passed American Health Care Act (AHCA), the Better Care Reconciliation Act of 2017 (BCRA), as a discussion draft. Like the House-passed AHCA, the Senate bill… more

The Supreme Court Clarifies Definition of “Debt Collector” Under FDCPA

On June 12, 2017, the Supreme Court of the United States (the “Court”) issued a decision clarifying who qualifies as a “debt collector” under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. In the case of… more

Federal Court reaffirms and reissues section 8 venlafaxine judgments overturned by the Court of Appeal for hearsay

As previously reported, in 2016 the Federal Court of Appeal set aside a decision of the Federal Court awarding Teva close to $125 million in damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations for its… more

The Supreme Court - June 26, 2017

The Supreme Court of the United States issued decisions in five cases today: California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373: Lehman Brothers’ collapse led to a number of securities lawsuits that… more

Supreme Court Will Review Scope of Dodd-Frank Whistleblower Protections for Internal Reports

On the last day of its current session, the Supreme Court announced it will consider whether the Dodd-Frank whistleblower protections extend to corporate insiders who blow the whistle on their employers by reporting the alleged… more

Hot List – What’s Happening in the California Legislature 6/26-6/30

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week..… more

Pharmaceuticals in The Environment: What will EU Environment Roadmap Mean for Pharmaceuticals?

On 28 April 2017, the European Commission (the EC) published a “roadmap” on the strategic approach to pharmaceuticals in the environment, particularly in the aquatic environment. Concurrently, the EC launched a 12-week open public… more

Senate Republicans Unveil ACA Repeal Bill

On June 22, 2017, Senate Republicans unveiled draft legislation to move toward repealing portions of the Affordable Care Act (ACA). The draft health care bill, known as the Better Care Reconciliation Act, was hatched behind closed… more

Bragging Rights: How to Effectively Complete Your Self-Evaluation

Brag. It’s not a four-letter word. Though, as women, we sometimes shy away from bragging, even at times when it matters most. This trait can cause women to miss out on opportunities to advance their careers, particularly when it comes… more

USPTO Extends Cancer Immunotherapy Pilot Program

On June 29th, 2016, the USPTO announced the Cancer Immunotherapy Pilot Program to allow expedited examination of patent applications that pertain to cancer immunotherapy. Under the Program and after proper petition, the USPTO has… more

"Locum Tenens" Physical Therapist – Does the Change Provide Sufficient Relief?

CMS recently published guidance to implement Section 16006 of the 21st Century Cures Act, effective June 13, 2017, which allows physical therapists providing services to Medicare beneficiaries to utilize "locum tenens" arrangements in… more

Uber’s Troubles: A Compliance Wake-Up Call No Matter How Regulated You Are

I can’t help myself; when I read some of the troubling reports about Uber’s workplace culture, which has contributed to executive ousters and the need to hire one of the highest-profile lawyers in the country, I think, “If only they… more

Delaware Supreme Court Affirms Dismissal Of "Demand-Refused" Derivative Suit Regarding Alleged Misconduct In Foreign Exchange Business

On June 19, 2017, the Supreme Court of Delaware affirmed the dismissal of a shareholder derivative suit against the board of directors of The Bank of New York Mellon Corporation (“BNYM”) in which plaintiff had asserted a breach of… more

People Considering a Will Contest Must Move Quickly

The loss of a loved one is a devastating event, and can be a chaotic and confusing time for those left mourning. The making of phone calls to family and friends, the preparation of funeral arrangements, and the handling of other… more

Court Reviews Damages For Mental Anguish, Exemplary Damages, and Other Categories For A Trustee’s Breach Of Fiduciary Duty

In Wells Fargo v. Militello, a trustee appealed a judgment from a bench trial regarding a beneficiary’s claims for breach of fiduciary duty, negligence, and fraud. No. 05-15-01252-CV, 2017 Tex. App. LEXIS 5640 (Tex. App.—Dallas June… more

Trade associations voice support for commission to run CFPB

A group of 22 trade associations sent a letter last week to the Chairmen and Ranking Members of the Senate and House Appropriations Committees expressing their “strong support” for the creation of a five-member bipartisan commission to… more

Class Action Settlement Reminds Employers that Job Duties – Not Job Titles – Rule FLSA Exemptions

In September of 2015, two delivery drivers filed a class action lawsuit in the United States District Court for the Middle District of Pennsylvania. The employees alleged that their former employer violated the Fair Labor Standards Act… more

Dodd-Frank Repeal Approved by the House Along Party-Line Vote

On June 8, the House voted along party lines to repeal many of the stricter regulations of the Dodd-Frank Act enacted after the 2008 financial crisis, taking the first step in a long-held Republican desire to roll back the landmark… more

What Does The Supreme Court “Travel Ban” Decision Mean For Employers?

The U.S. Supreme Court issued a preliminary ruling yesterday in the Trump Administration’s challenges to lower court decisions on the “travel ban.” The Administration had sought to: stay preliminary injunctions issued against the… more

Broadcast Issues/Programs Lists Due; Online Public File Reminder; Children’s Programming; Commercial Limits; and Class A TV Eligibility

By July 10, 2017, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during April, May and June dealing… more

New Law Empowers Philadelphia with Authority to Close Businesses Found to Discriminate

On May 17, 2017, Philadelphia Mayor Jim Kenney signed a bill into law that gives the Philadelphia Commission on Human Relations authority to impose an additional, harsher remedy on businesses that are found to have engaged in… more

Special Education Tip – Put Your Hands Over Your Ears – 54-2017

Put Your Hands Over Your Ears - It is always a good time to remember what you do not want to hear at IEP team meetings. The following has been heard at recent meetings..… more

Trends in cross-border real estate investment and the changing tax landscape

Real estate markets in both the U.S. and Europe continue to attract significant overseas investment. With interest rates at or near all-time lows, and dwindling returns in other asset classes, real estate has emerged as one of only… more

Supreme Court Action on Travel Ban

The U.S. Supreme Court announced yesterday that a portion of the Trump Administration's travel ban can take effect while the court waits to hear oral arguments in the case… more

Supreme Court Agrees to Hear Travel Ban Case next Fall, Reinstates parts of Travel Ban

On Monday, June 26, 2017, the Supreme Court granted certiorari to hear the government’s appeal of lower court’s injunctions on President Trump’s travel ban in their next session beginning October 2017, and granted the government’s… more

Senate Republican Health Care Working Group Releases Health Care Reform Bill Text

On June 22, Senate Republicans released a discussion draft of the Better Care Reconciliation Act (BCRA), their companion bill to the House-passed American Health Care Act (AHCA). The legislation, which reforms the Affordable Care Act… more

Mandatory Arbitration, Class Waivers, and the Future of Wage-Hour Litigation: 6th Circuit Shows One Reason Why High Court Rejection of D.R. Horton Theory Would Not Kill Collective Actions

Employers have faced questions about the enforceability of arbitration agreements with class and collective action waivers since the NLRB’s highly controversial D.R. Horton decision in 2012, which held that the waivers violate… more

French Export Credit Agency Changes

After seven decades as France’s export credit agency (ECA), on 31 December 2016, Compagnie Française d’Assurance pour le Commerce Extérieur (Coface) transferred its State export credit guarantee activities to Bpifrance Assurance Export… more

CoPilot Provider Support Services Settles with NYAG for $130,000 for Late Breach Notification

CoPilot Provider Support Services, Inc. (CoPilot), which provides health care companies with billing and insurance support services, has settled allegations by the New York Attorney General of failing to notify individuals of a data… more

Proxy Access “Fix-It” Proposals Fizzle

As the 2017 proxy season winds down, one clear take-away is that shareholder proposals attempting to modify the terms of previously adopted mainstream proxy access bylaws did not fare well. Many of these proposals focused solely on the… more

July 1...Here We Come!

What Rhymes with 1 July? Not 'employment contract audit', but maybe it should. 1 July is the date when a number of employment related thresholds are indexed which may affect employers' compliance with workplace laws in the 2017/18… more

Defense sector reform

How is the defense sector represented in Ukraine? What are the major problems and challenges facing the Ukrainian defense industry? Find the answers to these questions in the following article by Anastasiya Bolkhovitinova (legal… more

New York City Follows Trend in Predictable Scheduling Law

New York City has enacted a law banning “on-call scheduling” for retail employees. The law takes effect on November 26, 2017. With “on-call scheduling,” an employer requires an employee to be available to work, to contact the… more

U.S. Supreme Court Allows Travel Ban To Go Into Effect, With Limitations

On June 26, 2017, the U.S. Supreme Court (Court) permitted the "Travel Ban" set forth in the second Executive Order issued by President Trump on March 6, 2017 (EO-2) to temporarily go into effect, with constraints. EO-2 provided for a… more

Supreme Court of Canada Leaves Forum Selection Clauses in a State of Uncertainty

Facebook, Inc. (Facebook) recently lost a decision before the Supreme Court of Canada regarding the enforceability of the forum selection clause in its standard terms of use. Accordingly, organizations should carefully review their… more

[Webinar] Joint and Multi-Employer, Independent Contractor, and Temp Worker Employment Law and OSHA Issues - July 11th, 1:00pm ET

Employers’ perceptions about their legal responsibilities for certain workers is not always reality. Although an employer may classify workers as temporary workers or independent contractors, that does not mean the Department of Labor… more

Senate Finance Committee Advances Bipartisan CHRONIC Care Act

On May 18, the Senate Finance Committee unanimously approved the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act of 2017 (S. 870). The bipartisan bill aims to modernize care management… more

Ukraine: New Licensing Conditions on Electricity Generation Have Been Published

On 20 June 2017 licensing conditions for carrying out commercial activity on electricity generation, approved by Resolution of the Ukrainian Regulator No. 309 of 22 March 2017 (the “Licensing Conditions”), were finally officially… more

What You Need to Know about a Car Insurance Dispute

If you’ve been named as the party responsible for a car accident in San Fernando Valley by an insurance company, you have the right to dispute their decision. Here’s what you need to know about car insurance disputes in California… more

EPA Issues Final TSCA Framework Rules

The U.S. Environmental Protection Agency (EPA) released on June 22, 2017, the pre-publication Federal Register notices of the final framework actions under the Toxic Substances Control Act (TSCA), as revised by the Frank R. Lautenberg… more

Incorporating Under A Disparaging Name

In Matal v. Tam, 2017 U.S. LEXIS 3872 (June 19, 2017), the U.S. Supreme Court found the “disparagement clause” of the Lanham Act violates the Free Speech Clause of the First Amendment. The “disparagement clause” prohibits the… more

[Video]DAY 19 OF ONE MONTH TO BETTER INVESTIGATIONS AND REPORTING-SPECIFIC BENEFITS OF A HOTLINE

Is your hotline working for you? In an article entitled, entitled “Promoting Effective Us of the Compliance Hotline” José Tabuena provided an excellent example of the power of a hotline. He provide a case study of a company which had… more

Here Comes the Rain: Employers Offering Mental Health Benefits Should Prepare for More Scrutiny

Employers can expect some challenging information requests about the mental health and substance abuse benefits offered to employees and their dependents through group health plans, if a draft form released by federal regulators is any… more

Bob Marley’s Estate Wins $2.4 Million in Trademark Lawsuit

A federal district court ruled last week that Fifty-Six Hope Road Music Ltd. and Hope Road Merchandising, LLC, companies controlled by family members of late musician Bob Marley (collectively the “Marley Companies”), will receive $2.4… more

House member launches fintech lending investigation

Congressman Emanuel Cleaver, II announced last week that he had launched an investigation into small business financial technology (fintech) lending by sending a letter to the CEOs of several fintech small business lenders.  The letter… more

Supreme Court Reins in California Courts’ Approach to Specific Jurisdiction

On June 19, 2017, the Supreme Court reinforced its narrow application of specific jurisdiction in mass tort proceedings in an 8-1 decision in Bristol-Myers Squibb Company v. Superior Court of California. In the class action context… more

Bond Traders Beat Most Charges In RMBS Fraud Case

On Thursday, June 15, 2017, a Connecticut federal jury delivered a mostly defendant-friendly verdict in the criminal trial of three residential mortgage-backed securities (“RMBS”) traders charged with conspiracy, securities fraud, and… more

U.S. Supreme Court issues 5th Amendment Takings Claim Decision

?On June 23, 2017, the U.S. Supreme Court issued a much-anticipated ruling in Murr v. Wisconsin, a takings case that may have important consequences for property owners owning multiple contiguous parcels. The Court held that it was… more

Utah DEQ Appoints New Director of Division of Water Quality

For those of you who may have missed it, Utah DEQ Executive Director Alan Matheson last week appointed Erica Gaddis as the new Director of the Division of Water Quality… more

The United States Supreme Court Temporarily Approves Part of Trump’s Travel Ban

On June 26, 2017, the final day of its judicial term before summer recess, the United States Supreme Court addressed the Trump Administration’s hotly contested travel ban. The Supreme Court issued a per curiam decision on June 26, 2017… more

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