Latest Updates

Are We There Yet? Paving the Way for Autonomous Vehicle Claims

Autonomous or self-driving vehicles (AVs), once confined to the realm of science fiction, are now a reality. Most vehicles on the road today rely on some aspect of autonomous technology. Vehicles of the future will be entirely… more

Appellate Court Precludes Assignee Of Reinsurance Claims From Re-Litigating Lack Of Entitlement To Arbitration

In 1986, Pine Top Insurance Company became insolvent and was placed into liquidation. The liquidator eventually sold Pine Top’s accounts receivable, including reinsurance claims, to an entity named Pine Top Receivables of Illinois… more

At Stake

The Illinois Gaming Board (IGB) held its March monthly meeting on Friday, April 21, 2017, in Springfield. Riverboat -… more

FTC Privacy and Data Security Enforcement Activity Continues Unabated under the Trump Administration

Last week, the Federal Trade Commission (FTC) Bureau of Consumer Protection’s Acting Director, Thomas Pahl, posted on the FTC’s Business Blog about the FTC’s role as the federal agency with the “broadest jurisdiction” to pursue privacy… more

An Opportunity to Shape Compliance with GDPR

A close observer of the GDPR will have noticed that, in several places, individual EU Member States can implement derogations from the GDPR requirements. Of course, as a regulation under EU law there is less scope for local flexibility… more

Second Circuit Holds that District Court Orders Determining Restitution Credits are Final, Appealable Orders

In United States v. Yalincak, No. 11-5446 (2nd Cir. Apr. 10, 2017) (Calabresi, Raggi, Lynch), the Second Circuit addressed a complicated issue of appellate procedure in the course of a decision on the law of restitution. Specifically… more

U.S. Fifth Circuit Affirms Application of the Subsequent Purchaser Doctrine in Oilfield Contamination Case, Recognizes “Clear Consensus” Among Louisiana Appellate Courts, and Declines Certification to the Louisiana Supreme Court

In Guilbeau v. Hess Corporation, the United States Fifth Circuit Court of Appeals unanimously affirmed the application of Louisiana’s subsequent purchaser doctrine to bar a plaintiff’s claims for property damage resulting from alleged… more

Beyond Purchase Price: The Tax Treatment of M&A Deal Costs

Recovering Transaction Costs - It is a basic tax principle that the more a seller pays in taxes on the sale of its business, the lower will be the economic benefit realized on the sale; similarly, the more slowly that a buyer… more

Timely Response to U.S. Army Corps of Engineers Notice Critical for Water Resources Development Projects

Stakeholders with a water resources development project they would like modified or studied need to submit requests to the U.S. Army Corps of Engineers (“USACE”) in a timely fashion and should pay close attention to a notice recently… more

Taking Depositions in Mexico

If you find yourself needing to take a deposition in Mexico, you’re in luck! There are no Hague Evidence Convention restrictions regardless of the nationality of the witness. What’s more, you can hold the deposition in any hotel… more

HIPAA and the Cloud’s Shared Responsibility Models

Cloud-based service providers (CSPs), like Amazon Web Services and Microsoft Azure, offer online access to shared computing resources. As such, they have developed a “shared responsibility model” for how CSPs and companies that use… more

New Mexico becomes 48th state to enact data breach notification law

New Mexico recently became the 48th state to enact a data breach notification law. This continues the accelerated pace of state data breach legislative activity in the last two years. Since 2015, at least 41 states have considered… more

St. Jude Medical On Hot Seat for Cybersecurity Flaws in Home Monitoring System

The Food and Drug Administration (FDA) recently issued a warning letter to St. Jude Medical, alleging that it failed to properly investigate issues with the batteries in its defibrillator implants and for failing to fix the… more

Darwinian Insurance

This case demonstrates the need for providers to know and follow the notification provisions set forth in their insurance policies in order to avoid an inadvertent loss of coverage. Once again, the terms of a hospital’s insurance… more

Auction House Accused of Scraping Competitor’s Web Listings

Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial purposes… more

Understanding Government Contract Terminations

It is important for prime contractors to understand what it means if its contract with the Federal Government is terminated and what rights and obligations it has. Nearly every Government contract contains a clause allowing the… more

Navigating the IoT Workplace Quagmire

The Internet of Things (IoT) promises a societal transformation based on a virtuous circle of constantly improving connectivity, integration, data, intelligence, and automation. One important element of this transformation is the… more

New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit

Courts will generally uphold reasonable suit limitation periods in property insurance policies, if the insurer does not affirmatively waive or extend them. In MZM Real Estate Corp. v. Tower Ins. Co. of New York, No. 452741/2015 (N.Y… more

Rusty Patched Bumble Bee Listing Begins to Sting

On April 17, 2017, a federal judge in the Northern District of Illinois granted a temporary restraining order halting construction of a six-mile stretch of highway in suburban Chicago in response to allegations by project opponents… more

Leasing Alert (Dutch)

Renewal after 14 years! Last year, we informed you through the various channels about the flexibility of the living space tenancy (including the extension of temporary leases) as of July 1, 2016 and the rental rate approach… more

Contractors Should Start Preparing for a Possible Shutdown Now

With less than a week before the federal government’s appropriated funding runs out, confidence in avoiding a potential shutdown is waning. Because of that, contractors should exercise prudence and immediately begin preparations for a… more

Drafting In The Details

The Fifth Circuit Court of Appeals recently affirmed that the devil really is in the details in a case that illustrates the importance of ensuring that deal documents accurately reflect the parties’ agreed upon terms with respect to a… more

Court of Appeal Defines Good Faith Defense Under The UFTA

In 2015, the California legislature refurbished the Uniform Fraudulent Transfer Act and rechristened it as the Uniform Voidable Transactions Act. 2015 Cal. Stats. Ch. 44 (SB 161 (Vidak)). The UFTA has not left the stage entirely as… more

Committee Recommendations for U.S. Public Equity Markets

The Committee on Capital Markets Regulation released a report setting forth certain recommendations that are intended to revive the public equity markets. The report cites certain statistics regarding equity capital markets activity… more

TCPA Tracker-Special Update-April 2017

RECENT NEWS - FCC Seeks Comment on Direct-to-Voicemail Technology - On April 18, 2017, the FCC released a Public Notice seeking comment on a petition filed by All About the Message, LLC (AATM) regarding its… more

Employer Liable for Failing to Provide Life Insurance Conversion Information to Disabled Employee

A recent decision by the United States District Court for the Western District of Pennsylvania serves as a reminder that an employer may incur significant financial liability for failing to timely provide life insurance policy… more

On the Ice with Artificial Intelligence

Taking Wayne Gretzky's famous advice—"skate to where the puck is going, not where it has been"—will get easier for businesses that embrace artificial intelligence (AI). That's the conclusion I drew from a sold-out event entitled, From… more

Federal Court Invalidates Air Reporting Exemption For Large-Scale Livestock Operations

On April 11, 2017, the U.S. Court of Appeals for the District of Columbia issued a decision vacating the U.S. Environmental Protection Agency’s (EPA) rule exempting livestock feeding operations from air reporting requirements under the… more

THE LATEST: Behavioral Remedy Satisfies European Commission in Rolls-Royce’s €720M Agreement to Purchase the Rest of ITP

WHAT HAPPENED: ..Rolls-Royce and SENER have a 47 percent/53 percent joint-venture in Industrial de Turbo Propulsores (ITP)–an aircraft engine components manufacturer...… more

WIPO: Cybersquatting reaches all-time high with the introduction of new gTLDs

The World Intellectual Property Organization (WIPO), the United Nations agency based in Geneva that administers the Uniform Domain Name Dispute Resolution Policy (UDRP), issued a press release last month revealing that cybersquatting… more

The Next Frontier in ADA Access Litigation – Online (Part I)

Florida, and particularly South Florida, has always been on the leading edge of legal trends that involve mandatory attorneys’ fees for plaintiffs. For many years, the United District Court in and for the Southern District led the… more

The Ropes Recap: Mergers & Acquisitions Law News - Second Half 2016

NEWS FROM THE COURTS – Delaware Court of Chancery Once Again Rejects Transaction Price as the Best Measure of Fair Value in DFC Global Litigation - On July 8, 2016, the Delaware Court of Chancery released its post-trial… more

SEC Proposes to Add New Reporting Events to the Municipal Disclosure Rule

On March 15, 2017, the U.S. Securities and Exchange Commission (SEC) published for public comment proposed amendments to the Municipal Disclosure Rule, Rule 15c2-12 under the Securities Exchange Act of 1934. The proposed amendments add… more

Do State Med Mal Caps Apply to EMTALA Cases?

State limitations on medical malpractice recoveries seem to be under almost daily attack. The latest serious threat comes from Louisiana, where a federal district court has authorized an interlocutory appeal of his ruling that an… more

Court Rejects Bias Claim of Licensed Medical Marijuana Caregiver Fired from Restaurant for Selling Drugs

An Outback Steakhouse employee who was fired for distributing drugs to a co-worker despite her status as a licensed medical marijuana caregiver has lost her suit alleging the termination was the result of age… more

New York Institutes New Medicaid Drug Price Control Measures

State Budget Includes Medicaid Drug Expenditure Cap - On April 20, 2017, New York Governor Andrew Cuomo signed into law certain cost-control measures that attempt to cap the state’s Medicaid drug spending, making New York the first… more

Fate Of Enjoined White Collar Overtime Rule Still Undecided: Unlikely To Defend Obama Administration Rule, The Trump Administration Stalls

Under the Fair Labor Standards Act (“FLSA”), minimum wage and overtime requirements do not apply to any employee covered by the “white collar” exemption. To be considered a white collar worker under that exemption, the FLSA requires… more

Healthcare & Life Sciences Private Equity Deal Tracker: Warburg Pincus to Acquire CityMD

Warburg Pincus has announced it will acquire CityMD. CityMD, founded in 2010, is an urgent care provider with more than 68 locations in the greater New York metropolitan area and Seattle… more

Financial parameters of auctions for renewable energy sources

On 3 April 2017 two regulations were published in the Journal of Laws which set out the financial parameters of auctions for renewable energy sources (“RES”) that will be held in 2017. The government is planning to spend more than PLN… more

FINRA Observes Second Anniversary of Its Senior Helpline

On April 21, 2017, FINRA issued a press release marking the second anniversary of its Securities Helpline for Seniors… more

Guaranteed to Blow Your Mind

We have posted previously about the case of EMI Group Ltd v O&H Q1 Ltd, in which the court was asked to decide whether a tenant can assign its tenancy to its guarantor. In this case, EMI Group were the guarantor of original tenant… more

Wisconsin Releases Draft Waiver Amendment Proposing New Eligibility Requirements

On April 19, 2017, Wisconsin released for public comment a proposed amendment to its BadgerCare Reform Section 1115 demonstration. BadgerCare Reform currently provides coverage to approximately 150,000 childless adults ages 19 to 64… more

Regular CFPB Service Provider Examinations Have Begun; More Service Providers to Face Examinations

At the program held on April 7 titled “The State of Consumer Protection Initiatives” at the American Bar Association Business Law Section Consumer Financial Services Committee 2017 Spring Meeting, Peggy Twohig, the CFPB’s Assistant… more

Some Thoughts on Advertising and Fair Housing

Advertising your property is a good way to get apartments filled. But marketing a community can create a handful of fair housing challenges concerning the use of advertising. First, remember that advertising is covered under the Fair… more

FTC Trains Its Sights on Social Media Influencers

For the first time, the Federal Trade Commission (the “FTC” or “Commission”) has contacted, and questioned the product endorsement practices of, dozens of social media influencers – individuals who are powerful, popular and relevant… more

Corporate and Financial Weekly Digest - Volume XII, Issue 15

CFTC - CFTC Extends Previously Granted No-Action Relief for Swap Dealers Complying With EU Requirements - On April 18, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO)… more

Five Pitfalls of Cybersecurity Insurance: Lessons from the United States

Given the increasing threat of cyberattacks and the corresponding costs, businesses are increasingly considering cybersecurity insurance. But insurance is only as effective as the scope of the coverage. Though Canadian courts have not… more

If Pain, Yes Gain—Part XXVIII: Cook County Releases Draft Sick Leave Regulations

Seyfarth Synopsis: As the Cook County Earned Sick Leave Ordinance’s July 1, 2017 effective date nears, the County has released draft regulations seeking to clarify and expand certain aspects of the Ordinance, including the complex… more

Federal Trade Commission Reminder about Advertising Disclosures

In mid-April, the Federal Trade Commission (FTC) sent out 90 letters to advertisers, celebrity endorsers and influencers who use their fame and the power of digital advertising to help promote products. The facts in each letter vary… more

Trump names Miscimarra Chairman of the NLRB (no more of this “Acting” stuff!)

According to Politico‘s “Morning Shift,” President Trump on Friday night promoted Philip Miscimarra from Acting Chairman to plain old Chairman of the National Labor Relations Board. Congratulations, Chairman!… more

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