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DOL Seeks Expedited Briefing on Appeal of Overtime Rule Injunction

On December 2, the U.S. Department of Labor filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was…more

The future of fintech M&A: Not just a ripple

Challenges may lie ahead, but nothing can stop the inevitable march of fintech dealmaking. Fintech has already proven its value and will play an undeniably large role in the provision of financial services in the future. According…more

"Non-Cleared Swap Variation Margin Requirements to Spark Credit Support Annex Amendments for Financial End Users"

On March 1, 2017, new rules adopted by U.S. Prudential Regulators and the Commodity Futures Trading Commission (CFTC) will require registered swap dealers to post and collect daily variation margin for over-the-counter, non-cleared…more

Freelance Isn’t Free Act Signed by Mayor De Blasio

Seyfarth Synopsis: The Freelance Isn’t Free Act, granting protections for freelancers in New York City, was signed by Mayor De Blasio on November 16, 2016. The law, on which we previously reported in detail here, will go into effect…more

Association Alone Does Not Equal Causation in Product Liability Cases

Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar…more

Penalty doctrine rejected: Arab Bank Australia Ltd v Sayde Developments Pty Ltd [2016] NSWCA 328

In what will be further good news for lenders, the NSW Court of Appeal has recently held that the application of a 2% default interest margin under a loan contract is not a penalty…more

Employment Law Navigator – Week in Review: December 2016

Last week was a big one for wage and hour law. The Department of Labor filed a notice of its intent to appeal the injunction stopping enforcement of its new FLSA overtime rule and asked the Fifth Circuit to expedite the appeal…more

Texas Judge Blocks Implementation of U.S. DOL’s Impending Salary Threshold Increase for Exempt Employees

In action brought by 21 states, a Texas federal court issued an injunction blocking the final rule of the U.S. Department of Labor (“DOL”) regarding Fair Labor Standards Act (“FLSA”) exemptions, which included an increase in the…more

Early Views on the US Energy and Infrastructure Sectors Under a Trump Administration

Energy and infrastructure policy was as at the forefront of the presidential election discussion and has continued to be highlighted as a focus for the Trump administration. Here, we take an early look at how a Trump administration…more

Congress weighs approval for sweeping, $6.3 billion 21st Century Cures Act

It’s almost 1,000 pages, culminates at least three years of work, and provides a $6.3 billion boost for an array of health-related agencies and initiatives. Will the U.S. Senate join the House in bipartisan passage of the 21st…more

Corporate dissolution will not protect former directors and officers from environmental liabilities

On December 10, 2016, Ontario’s Forfeited Corporate Property Act, 2015 (the FCPA), comes into force,1 along with related amendments to the Ontario Business Corporations Act (the OBCA).2 Directors and officers may be aware of these…more

Celgene Fights Back Against PTAB’s Determination of Unpatentability of Cancer-Related Patent Claims

On November 25, 2016, patent owner Celgene Corporation (“Celgene”) filed a Request for Rehearing in response to the Patent Trial and Appeal Board’s (PTAB) final written decision rendering unpatentable claims to U.S. Patent 6,045,501…more

Can a Football Helmet Manufacturer Be Responsible for High School Football Player’s Tragic Death?

A Chicago mother who tragically lost her son following a football-related injury recently filed suit against the city school board and the helmet manufacturer, alleging both parties failed to take reasonable steps to ensure the…more

Corporate Law & Governance Update - December 2016

EMPHASIS ON DIRECTOR EDUCATION - The board development committee may wish to reconsider its director education program for 2017 following two recent and unrelated developments. The first is a greater articulation of expectations…more

Correction – Let’s Amend This Trademark: Part Five of Our Trademark Series

In our previous four articles in our trademark series, we discussed mandatory and optional filings for maintaining and protecting your marks, in order to avoid abandonment or cancellation. The final segment of our trademark…more

Group-Level Accountability for Third-Party Risk: Why It’s So Hard

Of the wide range of challenges that compliance officers face with third parties, my favorite is: who “owns” third-party risk management? The truth is that different people within the enterprise feel different types of pain for poor…more

New Guidance for HR Professionals Regarding Wage-Fixing and No-Poaching Agreements Highlights New Focus on Criminal Prosecutions and Raises New Concerns for Employer

In October, the Department of Justice (“DOJ”) Antitrust Division and the Federal Trade Commission (“FTC” and collectively the “Antitrust Agencies”) jointly issued new guidance for Human Resource professionals regarding agreements…more

We Shall Overcome Foundation v. The Richmond Organization, Inc. - USDC, S.D. New York, November 21, 2016

In dispute over whether civil rights anthem “We Shall Overcome” is in public domain, district court refuses to dismiss copyright infringement claims on motion to dismiss, holding plaintiffs plausibly alleged (1) defendants’ copyright…more

U.S. Navy Announces Breach of 134,386 Sailors’ Information from Laptop of Vendor

The U.S. Navy has revealed that it has been notified by one of its vendors that a laptop of the contractor was the source of a data breach that compromised the names and Social Security numbers of 134,386 current and former U.S. Navy…more

What to Do and What to Know Upon Separation: A Lot More Than You May Have Thought

The Marital Home - Separation usually occurs when one party moves out of the marital home with no intent to return to the marriage. When that occurs, the spouse remaining has certain rights and protections, as does the spouse…more

Court Rejects Challenge To Internal Affairs Doctrine

Marvell Technology Group, Ltd. is a publicly traded company that is incorporated in Bermuda. Marvell’s U.S. operating subsidiary is based in California. A year ago, an institutional stockholder filed a derivative suit against Marvell…more

Chartreuse Color Trademark on the Loose

We’ve written a lot about single color trademarks here over the years. Weems, the owner of the Flexilla brand has unleashed its federally-registered chartreuse-colored non-traditional trademark for “compressed air hoses” against Plews…more

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation…more

Off the Grid: TCPA Class Action Settlement for Energy Utility Company

Utility companies continue to face ongoing litigation under the Telephone Consumer Protection Act (TCPA) that can arise from the use of automated communications with customers for purposes of marketing, customer servicing and…more

New Electronic Reporting Rule for Workplace Injuries in Effect

OSHA’s new rule requiring employers to electronically submit data on workplace injuries and illnesses went into effect yesterday, December 1, 2016. Actual electronic submissions to OSHA, however, do not begin until July 2017…more

2016: A Full Bouquet of Wine Fraud

The rapid growth of the international wine market has given rise to a simultaneous growth in wine fraud. The burgeoning demand, especially in China, has exposed all players—collectors, investors, vineyards, distributors, and auction…more

Recent Developments in Proxy Access

As the 2017 proxy season begins to unfold, proxy access continues to be a focus of shareholder proposals. Last year, companies that had already adopted mainstream proxy access bylaws, or that were planning to put mainstream proxy…more

District of New Hampshire Denies Remand Under CAFA’s Local Controversy Exception

On November 30th, in Brown v. Saint-Gobain Performance Plastics Corp., United States District Judge Joseph Laplante of the District of New Hampshire denied plaintiffs’ motion to remand two related class action lawsuits based on…more

Pennsylvania’s New Oil and Gas Regulations for Unconventional Wells – Part 2: Recent developments; waste management, impoundments, and secondary containment; site restoration

Part 1 of this Client Alert provided background on Pennsylvania’s new regulations for unconventional oil and gas wells – published on October 8, 2016 as Chapter 78a (the “Chapter 78a Regulations”) – and highlighted sections involving…more

Reverse Discrimination Protections Do Not Include Family Relationship with Alleged Racist

Title VII’s discrimination prohibitions include actions taken against white employees based on their race. Last month in an unusual, unpublished decision, the Fifth Circuit Court of Appeals concluded that reverse discrimination…more

UMass Amherst Settles HIPAA Violations with OCR for $650,000

The Office for Civil Rights (OCR) has announced that the University of Massachusetts Amherst (UMass) has agreed to settle an investigation against it as a result of a malware infection for $650,000, along with implementing a Corrective…more

Run for Cover: Here Comes the Blockchain!

Blockchain, most notably linked to Bitcoin, is very much a technology on the rise. Blockchain has recently made its way to Wall Street, with the largest financial institutions clamoring to partner with buzzing fintech startups to gain…more

DOJ Publishes Final Rule Requiring Movie Theaters Nationwide to Provide Closed Captioning and Audio Description

Seyfarth Synopsis: DOJ published regulations today requiring that movie theaters throughout the United States provide closed captioning and audio description to patrons with disabilities for digital movies distributed with these…more

Toxic Substances and Control Act Overhaul

Under the recently amended Toxic Substances and Control Act (TSCA), EPA is bound by new requirements and enforceable timetables to complete risk assessments for chemicals manufactured, distributed and imported to the United…more

Ranbaxy and AstraZeneca Prevail in Nexium® Pay-For-Delay Case

On November 21, 2016, the U.S. Court of Appeals for the First Circuit upheld a 2014 jury verdict for AstraZeneca (AZ) and Ranbaxy regarding a 2012 payment of $700 million from AstraZeneca for Ranbaxy to abandon its challenge to patents…more

Clothes Make the Man; They Sometimes Make the Trademark

Costumes and uniforms may be distinctive of a business, and thus may function as a trademark or service mark, identifying the business and distinguishing it from other business…more

CIS Announces New Rule Impacting Employment-based Nonimmigrants and Immigrants

USCIS has published a final rule focused on the retention of EB-1, EB-2, and EB-3 immigrant workers and the improvement of existing temporary visa programs for high-skilled nonimmigrant workers. The new rule takes effect on January 17…more

Opt Ins are Out (of Luck) Appealing Decertification

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of first…more

Litigation Update: Amgen and Sandoz Stipulate to Dismiss ‘784 Patent

The parties in Amgen v. Sandoz (N.D. Cal.) (filgrastim, pegfilgrastim) have submitted a joint stipulation to dismiss, without prejudice, Amgen’s U.S. Patent No. 5,824,784 patent from the litigation. The ‘784 patent is directed to…more

CAS Legal Mailbag Question of the Week – December, 2016

Dear Legal Mailbag: Last week, I met a lovely couple who stopped by my office to visit. They live just down the street from my school and they are homeschooling their two children who would otherwise be in grades 2 and…more

México: Incremento al salario mínimo por el año 2017

El 1 de diciembre de 2016, la Comisión Nacional de los Salarios Mínimos (CONASAMI) acordó por unanimidad otorgar un aumento constituido por el Monto Independiente de Recuperación (MIR) por la cantidad de $4.00 pesos diarios al salario…more

Update To DMCA’s Safe Harbor Agent Designations

Internet service providers keen on preserving the safe harbor provisions contained in the Digital Millennium Copyright Act (“DMCA”) should take note: the U.S. Copyright Office has developed an online system for designating agents for…more

HHS Issues Warning About Phishing Campaign Disguised As Official Communication

As part of its efforts to assess compliance with the HIPAA Privacy, Security and Breach Notification Rules, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) engages in audits of covered entities and…more

SEC, United Settle Internal Controls Case

When the Foreign Corrupt Practices Act was passed, a key portion of the statute centered on the books and records and internal control provisions written by the Commission. While the bribery provisions only apply to foreign officials…more

Municipalities Must Pay Refunds from Dissolved TIF Districts

The Illinois Appellate Court recently upheld a trial court’s ruling that property tax refunds from a dissolved TIF District must be paid by the municipality, not by the other affected taxing agencies. The case, Village of Arlington…more

In Case You Missed It: Launch Links - November, 2016 #4

Some interesting links we found across the web this week: The Tough Questions You Must Discuss Before You Take the Money - VCs and the founders should get on the same page before signing on the dotted line…more

Clickable Content: Don’t Measure Success Solely By SEO

A myopic focus on SEO might eventually get you ranking well in search, but that's not the same thing as inspiring people to actually click on your content…more

College May Have Averted Flag Debacle If They'd Consulted Stan Rosenberg

The brain trust that runs Hampshire College in Amherst thought it would be a good idea to lower the American flag to half-mast on Wednesday, Nov. 9, the day after Trump’s victory, “as an expression of grief over the violent deaths…more

U.S. DOL Appeals Texas Injunction of FLSA Salary Regs

As we previously reported, a federal judge in Texas recently issued a nationwide injunction putting a halt to regulations issued by the U.S. Department of Labor (DOL), which would have doubled the minimum salary needed to satisfy the…more

Sponsors Shouldn’t Wait to Find Answers To Challenges of Unwinding the ACA

A great deal has already been written about how easy or difficult it would be to eliminate the Affordable Care Act, but what would the elimination of President Barack Obama’s hallmark health legislation mean for employee benefit plan…more

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