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Telemedicine Liability – The Real Numbers

Amidst all the interesting legal and regulatory issues implicated by telemedicine, one issue less discussed is the potential liability exposure associated with telemedicine. Many critics have argued that the nature of how telemedicine…more

On Heels of UK Uber Decision, London Bike Courier Ruled Worker 

Just last month, an employment tribunal in London held a bicycle courier was not self-employed, but instead should be classified as a worker under English law. Consequently, Maggie Dewhurst, who brought suit against UK courier…more

These Three Key FMLA and ADA Resources Will Help You Conquer the World

If you have any interest in vastly improving your FMLA and ADA mojo, here are three can’t miss resources you need to make part of your professional reading and education each spring: 1. Review the ABA’s Report of 2016 FMLA Cases…more

FCC Chairman Announces Intent to Stay Broadband Data Security Rules

The Federal Communications Commission’s (FCC) Media Relations Office has released a statement announcing Chairman Pai’s intention to stay a data security rule adopted by the Commission late last year in its Broadband Privacy Order…more

Blog: Another Theory On Corp Fin’s Position On Proxy Access Fix-It Proposals

Corp Fin has refined its position with regard to exclusion of proposals to amend existing proxy access bylaws. However, the basis for the staff’s determination to grant or refuse no-action relief in that context remains a…more

The Eastern District of Michigan Affirms the CFPB's Broad Authority to Issue Civil Investigative Demands

A recent decision from the Eastern District of Michigan in CFPB v. Harbour Portfolio Advisors, LLC; National Asset Advisors, LLC; and National Asset Mortgage, LLC serves as a reminder that the Consumer Financial Protection Bureau's…more

Telecommuting: Is It Reasonable?

Last week’s blog post explored the interactive process between employers and employees when considering a job accommodation for an employee with a disability. But what happens if during the interactive process, an employee requests to…more

Are Your Commercial Lease Forms ADA Compliant?

A commercial property owner must now provide the tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, if such a report has been issued which indicates that the…more

2017 Proposed State Legislation

A number of bills currently before the Nevada Legislature will affect employers if signed into law. The following summarizes these bills as they have been introduced…more

SEC Staff Issues Guidance Update and Investor Bulletin on Robo-Advisers

On February 23, 2017, the Securities and Exchange Commission (“SEC“) published information and guidance for investors and the financial services industry on the use of robo-advisers, described by the Staff as “registered investment…more

Workplace Law Regs On White House Chopping Block

Last week, President Trump signed an executive order requiring every federal agency to establish a “Regulatory Reform Task Force” to eliminate what he considers to be unnecessary and burdensome regulations hampering the American…more

D.C. Remediation Contract Can Trigger Duties to Third Party at Construction Site

In a case highlighting common-law tort duties that can arise from contractual relationships, an environmental contractor at a construction site may be liable to a subcontractor's employee who claims he was injured when exposed to…more

DOJ Intervenes in Risk Adjustment FCA Case

Recently, the DOJ intervened in one of several currently pending qui tam cases involving Medicare Advantage (MA) and the Risk Adjustment process used to determine the amount of payments to Medicare Advantage Organizations (MAO). The…more

Under the Same Precedent, Different Estoppel Standards Have Developed in the PTAB and the District Courts

While Congress was debating the provisions of the America Invents Act (AIA), some lawmakers proposed that inter partes review (IPR) and post-grant review (PGR) should be a substitute for invalidity challenges at district court, such…more

Another Draft REACH Guidance Document on Nanomaterials Moves to CARACAL for Review

According to the European Chemicals Agency (ECHA) website, the draft Guidance on information requirements and Chemical Safety Assessment: Appendix R7-1 Recommendations for nanomaterials applicable to Chapter R7a Endpoint specific…more

Extraterritoriality of United States Patent Laws: Limited Infringement Liability

On February 22, 2017, in a 7-0 decision (with Chief Justice Roberts taking no part) the Supreme Court unanimously held in Life Technologies Corp. v. Promega Corp. that shipping a single component of a patented invention to be combined…more

Craig Ball of Craig D. Ball, P.C., Part 1: eDiscovery Trends

This is the sixth (and final) of the 2017 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at…more

Hugs and Kisses May Not Spur Affection in the Workplace

In a decision just two weeks after Valentine’s Day, the Ninth U.S. Circuit Court of Appeals (“Ninth Circuit”) has ruled that hugs and kisses may decrease, rather than increase, feelings of affection in the workplace. Specifically, the…more

A Personalized Approach: Kim Clancy’s Simple Secret for Bringing Diversity Into the Boardroom

According to Kim Clancy, the key to diversifying the boardroom lies with a personal touch. “It is not that CEOs are against diversity,” Clancy explains. “They are understandably focused on many other priorities, including their…more

The Dissenter’s Uprising: Miscimarra to lead Republican-majority NLRB

Philip A. Miscimarra was nominated to the National Labor Relations Board by President Obama in April 2013. Mr. Miscimarra was quickly confirmed by the Senate and began his term in August 2013. Previously a management-side labor and…more

Time to Review Internal Confidentiality Agreements

Effective January 19, 2017, pursuant to Federal Acquisition Regulation (FAR) clause 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, federal government contractors are prohibited from…more

Public Information Act: Trade Secret Loophole Threatens Government Transparency

Do you trust your government (and what it does with your tax dollars)? If you answered, “No”—or even hesitated a bit—then you probably believe in government transparency. In Texas, a key to open government for citizens and news media…more

PTAB Releases January 2017 Stats – Petitions Surge

The USPTO’s Patent Trial and Appeal Board (PTAB) has released its January 2017 statistics. Most notable is the surge in petition filings, particularly inter partes review IPR petition filings. In January 2017, 246 petitions were…more

Antitrust in China: 2016 highlights and an outlook on 2017

The three Chinese antitrust authorities – Ministry of Commerce (MOFCOM), the National Development and Reform Commission (NDRC) and the State Administration for Industry and Commerce (SAIC) – overall remained very active in 2016…more

Corporate America Has a Trust Problem. A Big One.

Trust is plummeting around the world. Presumably that means you don’t believe me, so let’s consider some data…more

[Video]Compliance into the Weeds-Episode 30-SOX 404(b)

In this episode Matt Kelly and myself take a deep dive into SOX 404(b), what it requires and how companies comply with the reporting requirements set out in this statute. We consider the recent announcements from Congressman Jeb…more

Court Confirms Arbitration Award, Rejecting Claim That Arbitrator Exceeded His Powers And Ignored The Law

A court has confirmed an arbitration award of more than $8 million in damages, attorneys’ fees and costs against Sirona Dental Systems, Inc. and Arges Imaging Inc. (collectively “Respondents”) in favor of Petitioners, who were…more

Will Blockchain Transform Compliance?

I recently read an article in the MIT Sloan Management Review, entitled “How Blockchain Will Change Organizations”, where authors Don Tapscott and Alex Tapscott speculate that the transformations which blockchain may facilitate in the…more

"Key Takeaways: Minimizing Risks and Maximizing Opportunities in China-Latin America Investment"

On February 6, 2017, Skadden hosted the webinar “Minimizing Risks and Maximizing Opportunities in China-Latin America Investment.” Topics of discussion included the increasing importance of Chinese investment in Latin America, the…more

The new regulatory references regime in the UK

The UK's Financial Conduct Authority and the Prudential Regulation Authority are introducing a new tool to enhance the accountability regime being rolled out in the financial services sector. On 7 March 2017, the new rules on…more

New! OFFICE 365 E-Discovery Considerations Checklist

70% of Fortune 500 organizations use one or more of Microsoft’s cloud offerings, meaning many corporations are currently migrating or have already migrated their data to the cloud on the Microsoft® Office 365 (O365) platform. An…more

SEC, NASAA Sign Info-Sharing Agreement for Crowdfunding and Other Offerings

On February 17, 2017, the Securities and Exchange Commission (SEC) and the North American Securities Administrators Association (NASAA) signed an agreement to facilitate information sharing with respect to rules regarding intrastate…more

[Video]Day 1 of One Month to Operationalizing Your Compliance Program-Introdution to Operationalizing Compliance

Last month, the Department of Justice (DOJ) very quietly released a document, entitled “Evaluation of Corporate Compliance Programs” (Evaluation), on the Fraud Section website. The document is an 11-part list of questions which…more

If You Have Less than 50 Employees, Read This

You may not yet have heard about a new type of health plan arrangement created in December 2016 for small employers – the “QSEHRA”. Many employers, particularly small employers, were adversely affected by a change in the law…more

PG&E Narrows Scope of the CPUC Proceeding to Shut Down the Diablo Canyon Nuclear Plant by Unilaterally Withdrawing Its Procurement and Cost Allocation Requests

On February 27, 2017, Pacific Gas and Electric Company (“PG&E”) announced it is withdrawing several portions of its plan to close its 2.3 gigawatt Diablo Canyon Power Plant near San Luis Obispo by 2025. Specifically, PG&E has withdrawn…more

Requirements of § 121’s Safe Harbor: Ensuring That Divisional Applications Will Be Protected Against OTDP Rejections

In a recent decision, the Patent Trial and Appeal Board (PTAB) narrowly construed the so-called safe harbor provision of 35 U.S.C. § 121, affirming the examiner’s rejection of a patent application under the doctrine of…more

The Affordable Care Act: Repeal, Replace, Repair?

The number one priority of Republican leaders in the House, the Senate and the White House, repeal of the Affordable Care Act (ACA) remains at the very top of the political agenda. On Capitol Hill, Republicans have elected to continue…more

ABA comments on CFPB’s RFI on consumer access to financial information

The American Bankers Association has submitted a comment letter in response to the CFPB’s request for information regarding consumer access to financial information. The ABA observes that while larger institutions have the…more

POTUS Executive Order “Enforcing the Regulatory Reform Agenda”

Referencing Executive Orders issued by past administrations, on February 24, 2017, President Trump issued a new Whitehouse-300x225Executive Order: “Enforcing the Regulatory Reform Agenda.” The Executive Order establishes new procedures…more

Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming that…more

Georgia Supreme Court Limits Duty to Warn Third Parties

Affirming limits on the duty to warn third parties of toxic exposure risks, the Supreme Court of Georgia held that a manufacturer of asbestos-laden pipes had no duty to warn the daughter of a worker who serviced the pipes about the…more

Alberta Announces Recipients Of C$40 Million in Grants for Bioenergy Producers

On February 14, 2017, the Government of Alberta announced the recipients of C$40 million in grant funding under the Bioenergy Producer Program (BPP). Four biofuel companies, including Permolex Ltd., Archer Daniels Midland…more

Capitol Hill Healthcare Update

Trump’s speech: Clarity on ACA next steps? President Trump will address a joint session of Congress on Tuesday, and the expectation is that he will use the primetime moment to outline – at least in broad strokes – his goals for…more

Proposed Maryland Legislation Would Expressly Authorize Baltimore County Homeowner Associations To Bring Nuisance Actions

House Bill 496, now pending in the Maryland General Assembly, would give express authority to Homeowner and Community Associations in Baltimore County to bring a court action seeking relief from or abatement of an alleged nuisance…more

CMS Awards First $20 Million of $100 Million to Help Small Practices Succeed in MACRA

On February 17, 2017, the Centers for Medicare and Medicaid Services (CMS) announced its first round of awards of approximately $20 million to eleven organizations for the first year of the five-year program, designed to provide…more

Another Nursing Mother's FLSA Claims Settled

The U.S. Department of Labor reports that a California restaurant company has agreed to take steps to remedy alleged: ? Non-compliance with the federal Fair Labor Standards Act's requirement that covered employers give unpaid…more

SEC Announces Expedited Program to Vacate pre-Dodd Frank Collateral Bars from Non-Associated Industries

On January 17, 2017, the U.S. Court of Appeals for the D.C. Circuit vacated in part a Securities and Exchange Commission (SEC) order that imposed a collateral bar against Gregory Bartko, the former CEO and chief compliance officer of a…more

Raising Money in Cannabis Businesses: Top Tips When Seeking Investment

Raising money into any business can be stressful and time consuming, and requires compliance with a multitude of state and federal laws. Understanding the investment landscape and being prepared can make the process smoother and…more

USPTO Claim Construction Standards for Inter Partes Review Proceedings

Confirming long-standing U.S. Patent & Trademark Office (USPTO) practice, the Supreme Court in the Cuozzo Speed Techs. v. Lee decision (Cuozzo), affirmed the USPTO’s broadest reasonable interpretation standard as the appropriate review…more

The General Cable FCPA Enforcement Action

The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) continued their stunning run of 2016 Foreign Corrupt Practices Act (FCPA) enforcement actions right up to the end of the year with the announcement of the…more

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