Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

European Commission Reports on Reporting Obligations under the Credit Rating Agencies Regulation 

The European Commission published a report on reporting obligations under the Credit Rating Agencies Regulation. The Report reviewed references to external credit ratings in EU legislation and in private contracts among financial…more

Connecticut Finally Adopts New Building Code Effective October 1, 2016

After a public comment period ending this past August, the Connecticut Codes and Standards Committee voted to accept the proposed 2016 State Building Code and 2016 State Fire Safety Code. The new code replaces the 2005 State Building…more

Employee Sports Gambling: Workplace Policies and Guidance For In-House Counsel

Sports fans have long looked for ways to be a part of the action. The co-owner of the Oakland Raiders developed a fantasy golf game back in the 1950s. In the 1980s, journalist Daniel Okrent created “Rotisserie” League Baseball, named…more

Do Senior Drivers Cause More Accidents?

Recently, a Chinese tourist was struck and killed in a pedestrian accident near the beach. The driver was an 85-year-old man who veered off the road and hit the man who was walking on the sidewalk. The car landed on its roof in a…more

DOJ and FTC Issue Guidance and Announce Policy Shift Regarding Antitrust Challenges to Hiring and Compensation Decisions

The U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resources Professionals on October 20, 2016. The guidance addresses the applicability of antitrust…more

FCC Orders Far-Reaching New Privacy and Data Security Rules

As expected, the Federal Communications Commission (FCC) has handed down sweeping new privacy and security rules for Internet service providers (ISPs). On Thursday, October 27, 2016, a sharply divided commission voted to enact these…more

SEC Curious About Mutual Fund Unicorns

The Securities and Exchange Commission (SEC) staff has reportedly been asking mutual funds how they value their investments in “unicorns” – i.e., dynamic pre-IPO companies with market capitalization exceeding $1 billion, and shares…more

Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to pursue injunctive relief, and granted summary judgment for defendant Twinings.  The…more

The City of Brotherly Love is Showing Love to Persons with Disabilities Under the ADA, but not to Lyft or Uber

From coast to coast, Uber and Lyft have come under increasing fire from disability rights organizations and have faced litigation because their ride share practices allegedly discriminate against persons with disabilities. Federal…more

Massachusetts next generation solar incentive

The Massachusetts Department of Energy Resources is developing a new solar incentive program. DOER released its proposal for the next generation of solar incentives on September 23, 2016…more

Alert: FCC Adopts Much-Anticipated Broadband Privacy Rules

As expected, today the FCC adopted new privacy rules for broadband providers. Based on the information provided at the FCC's open meeting and in its press release and fact sheet, the new rules follow the general outline of the proposal…more

What is “voluntary”? Thoughts about the AARP wellness lawsuit against the EEOC

The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who’ve been sued recently in an effort to stop their regulations from taking effect. We have the two lawsuits against the U.S…more

IRS Announces Year 2017 Retirement Plan Limits

On October 27, 2016, the Internal Revenue Service (“IRS”) announced the following dollar limits applicable to tax-qualified plans for 2017: - The limit on the maximum amount of elective contributions that a person may make to a…more

EEOC Issues Updated Strategic Enforcement Plan for 2017-2021

On Monday, October 17, 2016, the Equal Employment Opportunity Commission ("EEOC") issued its updated Strategic Enforcement Plan ("SEP") for 2017-2021. The SEP identifies the following six priorities: - 1. Eliminating barriers in…more

Gone For Good: Federal Court Denies Arbitration Opportunity

A recent decision from the United States District Court for the Southern District of Florida is a reminder that if a litigant intends to enforce its contractual arbitration provision, the issue must be raised at an early opportunity…more

When "One and the Same" Means "One and the Same" for Western Australian Long Service Leave

Over the last 40 years the Australian workforce has gradually become more and more mobile. Whilst employees may remain with the same group of employers, it is not unusual for employees to move between group companies and related…more

It’s Official: The FCC Has Adopted New Privacy and Security Rules for ISPs Following a 3-2 Vote Along Partisan Lines

Today, the FCC formally adopted on a 3-2 party-line vote an order that enacts a new privacy and security regime for Internet service providers (ISPs). While it may be several days before the official order and the text of the rules is…more

Foreign Entrepreneurs Series: Part 3 – U.S. Tax Considerations and Planning

This is the third part of our foreign entrepreneurs series. Previously, we discussed the visa options available to foreign entrepreneurs and the importance of making immigration analysis a first-step in the startup process. In this…more

FCC Issues New Privacy Regulations for Broadband Providers

Today, the US Federal Communications Commission (FCC) approved far-reaching new information privacy rules that will govern how providers of broadband Internet access service collect, use, protect, and share data from their subscribers…more

Approval of Sandoz’s Pegfilgrastim Biosimilar May Be Delayed until at Least 2018

As we previously reported, in July the FDA issued a complete response rejecting Sandoz’s aBLA for a biosimilar of Neulasta® (pegfilgrastim). Novartis, Sandoz’s parent, indicated that that Sandoz was “working with the agency to address…more

New Law on Defensive Tactics: Balancing Business Judgment and Shareholder Choice

On October 24, 2016, the Securities Commissions of British Columbia (BCSC) and Ontario (OSC, together with the BCSC, the Commissions) released the reasons for their decision in Re Hecla Mining. The Commissions had previously dismissed…more

The New Antitrust Guidance: DOJ and FTC Offers Direction to HR Professionals

On October 20, 2016, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission issued a guidance aimed at alerting human resources professionals on potential violations of the antitrust laws. According to a DOJ…more

On the Cusp of Another Round of Alcohol Changes in Pennsylvania

After a busy few months following the first major overhaul of Pennsylvania's Liquor Code since the end of Prohibition, the state is poised to extend its streak of liquor reform. With the passage of House Bill 1196 by both the House and…more

Trump’s New Cyber Security Plan?

With the recent news regarding Yahoo’s massive data breach and the continuing posting of Clinton Foundation emails by Wikileaks, cybersecurity policy is beginning to get the discourse it is due. Secretary Clinton’s campaign was swift…more

Immigration Update: USCIS Announces Filing Fee Increases

The U.S. Citizenship and Immigration (USCIS) published new fee schedule for immigration and naturalization benefit requests. The fee schedule was last adjusted on November 23, 2010. The rule is in effect for applications or petitions…more

Branding Revisited: Takeaways From the 2016 Managing the Trademark Asset Lifecycle Conference

Last week I was fortunate to attend the Managing the Trademark Asset Lifecycle Conference, hosted by World Trademark Review. The topics discussed throughout the day touched on everything from assessing portfolio strength and valuation…more

Orrick's Financial Industry Week In Review

Financial Industry Developments - Agencies Issue Advanced Notice of Proposed Rulemaking on Enhanced Cyber Risk Management Standards - On October 19, 2016, the Federal Reserve Board, the Federal Deposit Insurance Corporation…more

The First Amendment: Without a Friend in the 2016 Election Cycle?

With Election Day less than two weeks away, it’s an interesting time for the First Amendment. Unlike the Second Amendment where party lines appear strong, the 2016 presidential candidates’ stance on First Amendment issues and the press…more

D.C. Court of Appeals Decision Covers Important Contracting Principles

The D.C. Court of Appeals (the Court) recently issued a decision covering some important public construction contract principles, most notably notice, cost and pricing data requirements, and the implied duty of good faith and fair…more

[Video]This Week in FCPA-Episode 28, the FCPA Blog NYC Conference edition

In this episode, Jay Rosen and I discuss this past week’s FCPA Blog NYC Conference. We discuss the panels and speakers as well as the impact of the FCPA Blog and its founder Dick Cassin the greater compliance community…more

Forfeiture of an LLP Member's Profit Share

A recent English Court decision confirms that members of LLPs who breach their fiduciary duties are at risk of having their remuneration (including that received by way of profit share) forfeited. This is in addition to having to pay…more

Trick or Treat? More Changes to LSTA Rules Coming Soon

Phase II of Delayed Compensation Overhaul, Other Modifications to Take Effect November 1st - On the morning of November 1st, many children (and some adults) may wake up with an upset stomach or headache from having overindulged in…more

"SEC Proposes Rule Amendments to Require Universal Proxy Cards"

On October 26, 2016, the U.S. Securities and Exchange Commission (SEC) voted 2-to-1 to propose amendments to the proxy rules that would require the use of universal proxy cards in contested elections. The proposed changes, if adopted…more

Countries at a Glance: China - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - The requirement that employers in China remunerate employees in cash only, rather than in negotiable securities, is unlikely to…more

The Ninth Circuit Holds That Enforcing A Security Interest Is Not Necessarily Debt Collection

On Oct. 19, 2016, the Ninth Circuit held that merely enforcing a security interest is not “debt collection” under the federal Fair Debt Collection Practices Act (“FDCPA”). In so holding, the Ninth Circuit disagreed with earlier…more

Fair Pay and Safe Workplaces Rule Temporarily Put on Hold

Following President Obama’s 2014 “Fair Pay and Safe Workplaces” Executive Order (EO 13673) — in August the Federal Acquisition Regulatory (FAR) Council in conjunction with the Department of Labor (DOL) issued its controversial Fair Pay…more

Lessons Learned: E-Learning Company Faces $50,000 Spam Fine

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued its first Compliance and Enforcement Decision* under Canada’s Anti-Spam Law (CASL).  The Commission confirmed the staff finding that Blackstone Learning…more

SEC Probes Share Class Recommendations

In July, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) announced an initiative to identify instances where registered investment advisers may be improperly influenced by conflicts of…more

DOT Issues Proposed Cybersecurity Guidance to Automotive Industry

Vehicle-related cyber incidents could have devastating and deadly effects, particularly as cars and trucks become more highly automated and rely more heavily on wireless technologies. To combat this threat, the U.S. Department of…more

The Most Cost Effective Way You Can Protect Your Trade Secrets

I was giving a talk recently when a senior executive asked me, “If we have the time and resources to focus on just one thing to improve our information security, what would you suggest?”  I didn’t hesitate: “Train your workforce.”…more

You Can’t Handle the Truth! … in Consumer Contract, Warranty and Notice Act

As Halloween has people thinking of ghosts and ghouls, creative plaintiffs’ attorneys have turned an arcane New Jersey law into a true source of fright for virtually anybody who offers services that are even potentially available…more

Federal Government Contractors Receive Big Win Against Executive Order

Earlier this week, government contractors won a significant battle when a federal court in Texas ruled that President Obama overstepped his authority and enjoined the implementation of the majority of the burdensome “Fair Pay and Safe…more

New Government Contractor “Blacklisting” Reporting Requirements Put on Hold

Hours before a controversial set of new reporting requirements for government contractors was set to take effect, a federal court in Texas enjoined implementation of the requirements across the country. Executive Order 13673, known as…more

Ninth Circuit Upholds Listing Decision Based on End of Century Climate Change Predictions

On October 24, 2016, the United States Court of Appeals for the Ninth Circuit upheld the National Marine Fisheries Service (Service) determination listing the Beringia Distinct Population Segment (DPS) of the Bearded Seal (Erignathus…more

Appeal of MOL compliance order adjourned while related OHSA prosecution ongoing, despite City’s objection

The Ontario Labour Relations Board has adjourned an appeal of a Ministry of Labour inspector’s compliance order against the City of Sudbury while a related prosecution under the Occupational Health and Safety Act is ongoing, despite…more

Littler’s Zev Eigen Speaks on Use of Big Data in Employment Decisions at NYU Law School Conference on AI, People Analytics, & Employment Law

On October 17, 2016, NYU School of Law’s Center on Labor & Employment Law empaneled Littler’s Global Director of Data Analytics Dr. Zev J. Eigen, U.S. Equal Employment Opportunity Commission Chair Jenny R. Yang, and Professor Pauline…more

Preliminary Injunction Halts Enforcement of Fair Pay and Safe Workplaces Rule

Federal contractors recently scored a significant victory when a preliminary injunction blocked much of the Fair Pay and Safe Workplaces rule from taking effect. The rule, based on a 2014 executive order, was issued in August 2016 by…more

FTC Releases New Data Response Breach Guide For Businesses

The Federal Trade Commission released a new guide for businesses on data breach response yesterday along with a three-minute video summary. The 14-page guide highlights the immediate steps a business should take when responding to a…more

Tax Evasion - Nowhere Left to Hide

Global tax evasion remains a major problem for governments around the world. At a time when virtually all of the governments from the world’s major economies seek additional revenue, the attractiveness to taxpayers of illegally…more

California Court of Appeal Discusses Application of Common Carrier Standard to Casino Shuttle Services

In Huang v. The Bicycle Casino, Inc., 2016 DJDAR 10389, the California Court of Appeal, Second Appellate District, held that a triable issue of material fact existed as to whether a shuttle operated for casino patrons was subject to a…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Since our law firm’s founding in 1912, Smith Anderson has grown to become the largest Research Triangle-based business and litigation law firm, and one of the largest in North Carolina. Representing…

[ About | Legal Updates ]