Latest Updates

Client Alert: FTC Gives Guidance in Slaying the Data Breach Dragon

The FTC has recently provided specific guidance on what it considers appropriate data breach protection activity by financial institutions. Such guidance came by virtue of a proposed consent order, dated August 29, 2017, specifically… more

USCIS Policy Changes Impacting Green Card Filings

USCIS has recently enacted two policy changes in regards to permanent residency applicants applying for Adjustment of Status (AOS). These changes impact applications for Advance Parole Travel Authorization (AP) as well as requirements… more

When Surety Bond Incorporates the Subcontract by Reference, Is the Subcontract’s Arbitration Clause Also Incorporated? Federal Court in South Carolina Says Yes; Federal Court in Kansas Says No — In Two Matters Involving the Same Parties

Developers Sur. & Indem. Co. v. Carothers Constr., Inc., 2017 U.S. Dist. LEXIS 111021 (D.S.C. July 18, 2017); Developers Sur. & Indem. Co. v. Carothers Constr., Inc., 2017 U.S. Dist. LEXIS 135948 (D. Kan. Aug. 24, 2017) - Two recent… more

[Webinar] Everything You Need to Know About Certifying your UAS! - October 4th, 1:00pm ET

With Part 107 firmly behind us, attention is now focused on the complexity of UAS operations. In our last webinar, we saw how much we can do with a waiver, but commercial exploitation of advanced capabilities, such as, fully autonomous… more

No Hablas Español… No Tiene Un Trabajo: The EEOC’s Battle Against Non-Hispanic Discrimination

Seyfarth Synopsis: The EEOC has filed a class action against an employer on behalf of “non-Hispanic job applicants,” alleging that the employer’s practice of only hiring Spanish-speaking applicants, and policy of using predominantly… more

Hurricane Irma Damage — Stress and hard work are in front of us

We are all tired of hearing about Hurricane Irma, but I am afraid we have only just begun. I worked for the insurance industry, adjusting a variety of claims, for over 16 years and handled thousands of property damage claims… more

Second Circuit Not Troubled By Error on Notice of Appeal Form, Proceeds To Decide The Appeal

On September 18, 2017, in United States v. Caltabiano, No. 16-1275-cr, the Second Circuit (Walker, Lynch, and Lohier, Js.) clarified the jurisdictional scope of a Notice of Appeal. The Court confirmed its authority to review a… more

México: Se modifica la norma NOM- 006-STP-2014 sobre el manejo y almacenamiento de materiales

El pasado 18 de septiembre de 2017, se publicó en el Diario Oficial de la Federación, el acuerdo por el que se modifica la Norma Oficial Mexicana NOM- 006-STP-2014 --- sobre el manejo y almacenamiento de materiales como parte de los… more

SEC Chair Clayton’s Statement on Cybersecurity: EDGAR was Hacked

SEC Chairman Jay Clayton today issued an unusual statement highlighting the importance of cybersecurity to the agency and market participants, and detailing the agency’s approach to cybersecurity as an organization and as a regulatory… more

Yonkers Wins Below: Appeal Pending

The Islamic Community Center for Mid Westchester (“ICCMW”) has appealed the decision of the Southern District of New York that held ICCMW’s claims were not yet ripe for review and ICCMW did not have the right to supplement its… more

Section 7C

Raising the red flag on low interest and interest free loans to trusts - Over the years, trusts have consistently proved to be a reliable and attractive vehicle for many, offering flexibility and benefits with regard to estate… more

European Court Restricts Employer Access to Employee’s Private Communications

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear that even… more

New California Tax Agencies’ Roles Clarified

On September 16, 2017, California Governor Jerry Brown signed Assembly Bill (A.B.) 131 into law, making various changes to the Taxpayer Transparency and Fairness Act of 2017 (Act) enacted on June 27, 2017. The Act overhauled the… more

Pensions Round-Up - July/August 2017 (UK)

Welcome to the latest edition of Pensions Round-Up which provides an overview of developments in pension legislation, case law and regulatory guidance. In this edition we look at key developments from the second half of July 2017 and… more

Before Franchising Your Business, First Consider These Factors

Franchising is so much more than casual burger chains with drive through windows and dollar menus. It’s an industry that incorporates a wealth of blue and white collar services; distributes both high- and low-end products (consumables… more

Surviving Alice with an Appeal

This third article in the “Surviving Alice” series examines how the USPTO’s Patent Trial and Appeal Board has responded to the U.S. Supreme Court’s June 2014 Alice decision. It also shows how applicants can use the PTAB’s recent… more

Tenth Circuit Indicates Mandatory Pre-Shift Briefings Are Compensable Time Under the FLSA

On September 14, 2017, the Tenth Circuit Court of Appeals provided employers with further guidance regarding the compensability of pre-shift tasks under the Fair Labor Standards Act (“FLSA”). Specifically, in Jimenez, Bustillos, et al… more

This Year’s Diversity Visa Lottery Opens Oct. 3—For Possibly the Last Time?

The U.S. State Department recently announced that it will begin accepting applications for this year’s Diversity Immigrant Visa Program—commonly referred to as the diversity visa (DV) lottery system—starting on Tuesday, October 3… more

Made in the USA: Executive Order Promotes Strict Adherence to Buy American Laws and Signals Potential Legal Reform in Fall 2017

“It shall be the policy of the executive branch to buy American and hire American.” On April 18, 2017, President Trump announced this policy in an executive order, aptly titled “Buy American and Hire American.” The order requires… more

FEHA Expands Protections for Gender Identity and Expression

The Fair Employment and Housing Act (FEHA) now has additional protections against discrimination on the basis of gender identity and gender expression in the workplace. The new FEHA regulations, entitled “Regulations Regarding… more

Voters Don't Seem to Be Holding Social Media Slip Against Rep in Mayor's Race

If you’re running for public office and make a slip on social media, even a small one, it can take months to live it down. Just ask Paul Heroux, who’s running for mayor of Attleboro and is the favorite in the race after Tuesday’s… more

Statutory Waivers Under the New School Funding Bill

As reported in an earlier alert, the State’s new school funding bill, Senate Bill 1947 (Public Act 100-0465), provides new mandate relief. School districts have been eligible to petition the General Assembly for waivers from many of… more

GOP Tries “Repeal and Replace” One More Time as Clock Runs Out

Senate Republicans, frustrated by their failure to repeal and replace the Affordable Care Act (ACA) during the summer, are trying once again. They have only until September 30, according to a ruling by the Senate parliamentarian, to… more

Change to merger thresholds and filing fees

The Minister of Economic Development Ebrahim Patel has announced amendments to the merger thresholds and an increase in the merger filing fees… more

USCIS to Require Interviews for Employment-Based Adjustment of Status Applications as of October 1

As of October 1, 2017, United States Citizenship and Immigration Services (USCIS) will mandate an in-person interview for any individual adjusting from an employment-based status to permanent residency (Form I-485 adjustment of status… more

Mark Ronson Sued For Infringing 80’s Funk “Masterpiece”

On September 12, 2017, the publisher of the legendary song “More Bounce to the Ounce” filed a copyright infringement lawsuit against music producer Mark Ronson. The suit alleges that Ronson’s hit song “Uptown Funk,” which has been… more

Drone Federalism Act Seeks to Curb Call for “Anti-Drone” Technology

The past decade has seen a rapid increase in the use of unmanned aircraft systems (“UAS”) (sometimes, though unusually inaccurately, called “drones”). This has caused concerns among state and federal lawmakers over a wide variety of… more

CEO Leadership – Honesty, Integrity, Listening and Empathy

At the outset, let me concede that I am not a psychiatrist (although we all feel like one at times with family members and colleagues). My observations on CEO leadership come from my own life experiences, and professional experience. I… more

[Webinar] Real Estate, Cybersecurity and The Internet of Things - October 10th, 12:00pm ET

The Internet of Things (IoT) is rapidly changing the digital landscape for business. An increasing number of physical items – from refrigerators and televisions to cars and skyscrapers – are now connected to the Internet (and each… more

Pfizer Sues J&J, Alleges Anticompetitive Practices in Connection with Remicade®

Today, Pfizer filed an antitrust lawsuit against Johnson & Johnson (J&J) in the U.S. District Court for the Eastern District of Pennsylvania alleging that J&J has engaged in an anticompetitive scheme to protect its Remicade®… more

OCC's High-LTV Bulletin Is a Win for Banks and Consumers

Since the financial crisis, it has been difficult for consumers and developers to obtain mortgages to buy and build in the areas most hurt by the recession. The Office of the Comptroller of the Currency (OCC) has traditionally held… more

Employers Take Note: New Form I-9 Now in Effect

As of September 18, 2017, all employers must now use the revised Form I-9 released by U.S. Citizenship and Immigration Services (USCIS) to verify the identity and employment authorization of all new hires, whether citizens or… more

FERC approves reliability standards, proposes further revisions

At its first open meeting following restoration of its quorum, today the Federal Energy Regulatory Commission approved two final rules and issued a Notice of Proposed Rulemaking addressing mandatory standards intended to support the… more

When in Doubt, Assume the Earliest Possible Deadline

One of the most important factors in preserving your appellate rights is knowing when the clock starts running on your deadline to appeal. While the answer may appear simple as a matter of course, that is not always the case. In Love… more

New disclosure requirements applying to EU fund distribution in 2018

Asset managers located inside and outside the European Union (“EU”) must comply with the new “point of sale” disclosure requirements that will apply when they distribute financial products, and investment services, to EU investors and… more

Claim Is Gone With The Wind At Death

Two time academy award winner Olivia de Havilland seeks an expedited trial for the lawsuit involving her right of publicity. Olivia de Havilland, DBE v. FX Networks, et al, BC667011 (Superior Ct. Calif., June 30, 2017). The urgency is… more

Mexico: Amendment to Regulations Governing Handling and Storage of Materials

On September 18, 2017, the Official Gazette published an amendment to the regulations on the handling and storage of materials. Specifically, the amendment modifies the Mexican Official Regulation NOM- 006-STP-2014, which establishes… more

Broad language in Settlement Agreement helps settling plaintiff hang on to millions, despite claims that settlement was obtained via fraud on the court

A plaintiff who received fifty five million dollars (and 22,500 acres of land) via a settlement was able to hang on to all of it, despite allegations that it had been obtained by means of fraud on the court, thanks in part to broad… more

Continuing Coverage of FDA’s Crackdown on Stem Cell Clinics: Florida Clinic Cited for Unapproved Marketing and Inadequate Sterility Assurance

On the same day that FDA’s Commissioner, Dr. Scott Gottlieb, announced new policy initiatives regarding stem cell therapies and regenerative medicine, FDA announced stepped up enforcement in this area and posted a warning letter issued… more

Omaha Breach: Doctrine of First Breach May Hinge on Correct Contract Interpretation

Which party first breached a contract often plays a determinative role in assessing entitlement for damages in a contract dispute. This theory is often referred to as the First or Material Breach Doctrine… more

It’s About Context: CFPB Wins Bench Trial Against Third Party Servicer for Deceptive Advertising

On September 8, 2017, a judge in the Northern District California assessed a statutory penalty of $7,930,000 against Nationwide Biweekly Administration, Inc. (Nationwide) and issued an injunction prohibiting further deceptive… more

Sling TV Sued on Use of H.264 Standard in Streaming Media Services

While much of the attention on NPE patent litigation centers on the big technology players like Google and Apple, literally hundreds of other technology companies face these lawsuits, and more and more of that litigation involves cloud… more

Prime contractor found nonresponsible based on undisclosed vendor-vetting process - contingency contractors beware

Contingency contractors should take note of a recent bid protest decision from the Government Accountability Office, which approved the Department of Defense's use of a special, non-transparent database to determine the responsibility… more

D.C. Circuit Strikes Down FAA’s Recreational UAS Rule

The Federal Aviation Administration (“FAA”) has long set standards for the operation of aircraft in the United States, including extensive requirements for aircraft registration. Historically, the FAA did not interpret the general… more

Advanced Weather Data: Vital for the Future of Commercial Drone Operations

Back in December 2016, Amazon executed its first customer delivery by drone in the United Kingdom. Now, as Amazon, and other large retailers, aim for widespread deployment of drones for the delivery of goods to consumers, it is… more

California Bill May Spur Rewriting Gender Boilerplate

On the penultimate day of the current session, the California legislature passed SB 179 (Atkins & Wiener). If signed into law by Governor Brown, this bill would enact the California Gender Recognition Act. In general, SB 179 would… more

SEC, USAO Charge Tech Company Founder With Insider Trading

Most of the discussion about insider trading these days is dominated by debates about whether there is a personal benefit, a gift, the application of the Supreme Court’s opinion in Salman last term or the split opinion in Martoma by… more

FDA Announces Biosimilar User Fee Act Rates for FY2018

Last week, the FDA announced the Biosimilar User Fee Act (BsUFA) rates for the 2018 federal fiscal year, which runs from October 2017 through September 2018. The FDA determined these rates pursuant to the Food and Drug Administration… more

You Don’t Be THAT Person on Someone Else’s Holiday

Today marks Rosh Hashanah, the Jewish New Year and one of the holiest days of the Jewish year. But it’s a day of business to many… more

Investment Adviser Compliance with SEC’s Amended Form ADV

Beginning October 1, 2017, investment advisers filing Form ADV with the Securities and Exchange Commission (the “SEC”) must file using the amended form adopted by the SEC on August 25, 2016 (the “Amended Form ADV”). According to the… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Founded: 1938 Geographic Reach: More than 400 attorneys in nine locations across the western United States and in Mexico. Locations include Phoenix and Tucson, Arizona; Los Angeles and Orange County…

[ About | Legal Updates ]

Watch This