Latest Updates

Arizona Employers Prepare to Implement New Paid Sick Time Law

After surviving a legal challenge rejected by the Arizona Supreme Court, Arizona’s $10 minimum wage enacted under Proposition 206 is already in effect, and the sick leave portion of the law takes effect in July. For many companies… more

Enforceability Of Exclusive Forum Bylaw May Hinge On The Meaning Of “May”

No California appellate court has yet addressed the validity of forum selection bylaws in a published decision. When the question comes before a California appellate court, the outcome may turn on the meaning of “may” in California… more

[Event] The 2017 Accountant Liability Seminar: When The Chips Are Down - June 22nd, Waltham, MA

Most businesses would consider accounting to be a routine game, numbers, the same old same old – like a deck of cards. You know the suits; the high cards and the low ones. But when the dealer suddenly changes hands – will it just be… more

Contracting (or Subcontracting) with DLA? Check for Counterfeit Parts Clauses

In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit Electronic… more

CMS Proposes Rule to Update the Hospice Wage Index and Payment Rates and Discusses Hospice Quality Reporting Requirements

On April 27, 2017, CMS released a proposed rule (the Proposed Rule) that would update the hospice wage index, payment rates and cap amount for fiscal year (FY) 2018. It also provides an update with respect to quality measures under… more

Comments Reveal Mixed Reaction to OCC Fintech Charter

As the comment period ended on the Office of the Comptroller of the Currency's (OCC) proposal to establish a fintech charter, stakeholders weighed in on both sides of the idea… more

Delaware Ruling Highlights Difference With New York Over Amending LLC Agreements

The common perception among practitioners familiar with the business entity laws of New York and Delaware is that Delaware law generally is friendlier to, and more protective of, majority ownership and management interests… more

Biscotti Inc. v. Microsoft Corp. (E.D. Tex. 2017)

Magistrate Recommends Narrow Interpretation of Inter Partes Review Estoppel Provision - Earlier this month, in Biscotti Inc. v. Microsoft Corp., U.S. Magistrate Judge Roy S. Payne of the U.S. District Court for the Eastern District… more

Eleventh Circuit Deems Voluntary Dismissal of a Coverage Action Sufficient to Award Attorneys’ Fees to a Policyholder as the Prevailing Party

In a recent unpublished opinion, the Eleventh Circuit issued a decision that should serve as a warning to insurers to be sure to resolve all issues before dismissing a coverage action, particularly when involved in the settlement of an… more

Navigating the Currents – Legal Privilege Under English Law

On 8 May 2017 the High Court in London applied a strict approach to litigation privilege in the context of self-reporting investigations. It is the first case in which a court has considered whether litigation privilege is engaged in a… more

White House wants to inflict pain on the poor to force Democrats to bargain on health care

The Trump Administration raised major weekend alarms among some of the biggest players in health care with the president’s reported willingness to try a risky gambit by cutting off crucial federal subsidies to help millions of poorer… more

Telehealth Expansion Finally Comes to Texas

State legislature passes bill to expand telemedicine practice. The last six years have been a wild ride for telehealth providers in Texas. When the Texas Medical Board (TMB) issued emergency rules in 2011 that required either a… more

Legislation Relating to Capital Formation

As the 115th United States Congress is currently in session, a number of bills designed to promote capital raising for companies have been introduced in both the House and the Senate. In the last two months, both the House and Senate… more

FERC Accelerates Efforts to Integrate Electric Storage Projects Into Jurisdictional Wholesale Markets

Over the past year, the Federal Energy Regulatory Commission (FERC) has accelerated its efforts to facilitate integration of electric storage projects into wholesale electricity markets subject to its jurisdiction… more

Oregon OSHA Issues Proposed Changes to Regulations Regarding Occupational Exposure to Beryllium in General Industry, Construction, and Maritime

In response to the federal Occupational Safety and Health Administration’s adoption of revised beryllium exposure standards, Oregon OSHA has proposed to adopt the federal OSHA final rules, with minor modifications that would… more

Labor & Employment E-Note - May 2017

The House recently passed a bill that would amend the Fair Labor Standards Act to allow certain employees to choose to take paid time off rather than overtime pay when working more than 40 hours in a workweek. Ron Flowers and Carlton… more

Post-Grant Proceedings Overview

Post-Grant Proceedings Chart - Effect of concurrent proceedings - For Inter Partes Review (IPR) - ..No IPR may be filed by a party (1) that previously challenged the validity of a claim of the patent in a civil action, or… more

Middle School Gay-Straight Alliance Allowed To Pursue Equal Access Claims

Carver Middle Sch. Gay-Straight Alliance v. Sch. Bd. of Lake Cnty. Fla., 842 F.3d 1324 (11 Cir., Dec. 6, 2016): A Federal Appellate Court held that a Florida middle school met the definition of a secondary school under the Equal… more

Between a Rock and a Hard Place: NLRB Finds Employer Violated NLRA in Implementing ACA

Seyfarth Synopsis: In a unanimous decision, a three-member panel of the NLRB found that a cab company violated the NLRA by changing the length of the waiting period for employee health insurance from one year to sixty days… more

Does Your Organization Need an Anti-Bribery Management System?

Microsoft and Wal-Mart recently announced that their organizations recognize the value of having a uniform international standard across their organizations to combat bribery, and will now be seeking ISO 37001 Certification… more

Deadline Extended for D.C. Comprehensive Plan Amendment Proposals

The District of Columbia Office of Planning (OP) has extended the deadline for individuals and groups to submit proposed amendments to D.C.'s Comprehensive Plan, which guides future growth and development in the District. OP has moved… more

Carbon and Alloy Steel: Commission Hearing on Dismissal of Antitrust Claims

On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, in connection with its review of Judge Lord’s Initial Determination dismissing complainant U.S. Steel’s antitrust… more

In Case You Missed It: Launch Links - May, 2017 #2

Some interesting links we found across the web this week: Venture Capital Funding for Cleantech Still Looks Pretty Grim The startup world at large is looking for a rebound after a down year in 2016, but if the Brookings Institution… more

NC Legislative Update: May 2017 #3

This Week - Following the passage of the Senate budget proposal last week, the Senate had a fairly light calendar this week. The House continued to work while House budget writers draft their own budget proposal. The House budget… more

When are Parent Company Financial Disclosures Required?

A franchisor selling franchises in the U.S. must disclose its audited financial statements in Item 21 of the franchise disclosure document (FDD). Sometimes, parent company financials are used instead of the franchisor’s financials… more

AGG Food and Drug Newsletter - May 2017

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC office, and… more

Speaking of the First Amendment...

Now that Dr. Scott Gottlieb is safely installed as FDA Commissioner, we at DDLaw can end our moratorium on blogposts about First Amendment issues. There was no way we wanted to give his opponents any ammunition by saying nice things… more

The Polish regulator’s position on insurance companies publishing their standard contracts on their websites

Based on the new regulation in the Polish insurance market that entered into force on 1 January 2016, the general terms and conditions of insurance (“GTC“) as well as other standard contracts must be published by insurers on their… more

The Supreme Court Decision in The Ocean Victory

1. More than a decade has passed since the now infamous ship allided with the breakwater at Kashima, grounded and then eventually broke in two, having tried to depart the port during severe conditions. 2. The severity of the… more

WannaCry Ransomware Alert

This is not a drill. Companies and law enforcement agencies around the world have been left scrambling after the world’s most prolific ransomware attack hit over 500,000 computers in 150 countries over a span of only 4 days. The… more

EU Tightens Food Fraud Prevention Rules

The EU Institutions have recently agreed on a new general framework for official controls performed by the food safety authorities of the Member States, to verify compliance with feed and food law (the “Official Controls Regulation”)… more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 9

Agriculture - Lawmakers to Introduce Organic Research Funding Bill: A bipartisan trio of House lawmakers were set to introduce legislation late May 16 that would boost Department of Agriculture funding for research into organic… more

China’s Cybersecurity Regulators Issue Procedural Rules to Strengthen Enforcement Power

For the past several years, the Cyberspace Administration of China (the “CAC”) has risen to a very important status among the Chinese national government’s agencies. However, it lacks a specific procedural law to empower it with… more

Washington, D.C. Update – May 2017

April saw the debate in Congress heat up as Justice Neil Gorsuch was confirmed for a seat on the Supreme Court, House Republicans suspended, restarted and then ultimately succeeded in their effort to repeal and replace the Affordable… more

Employment Law - May 2017 #2

One Day of Rest Mandated by California Supreme Court - Why it matters - Resolving a contentious issue of California law, the state’s highest court ruled that one day of rest is guaranteed for each defined workweek, although an… more

30,000 Foot View: State Of The Oil Patch

Big picture concepts have filled my mind lately – I am trying to take a step back and see the whole picture instead of getting too deep in the weeds and isolated details. It made me curious – what is the 30,000 foot view of the state… more

California Environmental Law & Policy Update - May 2017 #3

Environmental and Policy Focus - California cracks down on last beachfront sand mining operation in U.S. - San Jose Mercury News - May 16 - On Tuesday, the California State Lands Commission issued a demand to the operators… more

Facebook Sentenced to a €110 Million Fine at the Intersection of Competition Law and Data Protection Law

On May 18, 2017, the EU Commission sentenced Facebook to a “proportionate and deterrent” fine of €110 million for providing misleading information during the investigation of Facebook’s acquisition of WhatsApp. This decision – that… more

Did You Get the Memo? What Recent DOJ Guidance Means for Sustainable Compliance

On February 8, the Department of Justice published its “Evaluation of Corporate Compliance Programs” to guide attorneys and corporate compliance officers during criminal fraud investigations. The guidance is designed to provide more… more

Contract Corner: Change Management in Commercial Contracts (Part 1)

While a primary goal of any well-crafted commercial agreement is durability—terms that work for the life of the agreement—the only certainty in the course of a long-term commercial relationship is the inevitability of change. Once a… more

Supreme Court Holds Federal Arbitration Act Preemption Applies To Contract Formation Rules

Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding that the… more

New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight

Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New York’s… more

Merck Sharp & Dohme Corp. v. Amneal Pharms. LLC

Case Name: Merck Sharp & Dohme Corp. v. Amneal Pharms. LLC, Civ. No. 15-250-SLR, 2017 U.S. Dist. LEXIS 12165 (D. Del. Jan. 30, 2017) (Robinson, J.). Drug Product and U.S. Patent: Nasonex® (mometasone furoate nasal spray); U.S… more

Registration Rule Decision Invites Congress to Expand FAA Authority Over Hobby Drones (Or Not)

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a ruling vacating the Federal Aviation Administration's "Registration Rule," which required owners of small unmanned aircraft ("drones") operated for recreational… more

CPSC Acting Chairman Ann Marie Buerkle Emphasizes Collaboration, Balance, and Education

Acting Chairman of the Consumer Product Safety Commission (“CPSC”) Ann Marie Buerkle highlighted her priorities and recent noteworthy developments in a recent newsletter. She emphasized her desire to collaborate with stakeholders, to… more

The FTC Seeks Comment: How Trusty Is The TRUSTe Plan For COPPA Certification?

The Federal Trade Commission (FTC) is currently seeking comment on proposed changes to TRUSTe’s safe harbor program under the agency’s Children’s Online Privacy Protection Rule (COPPA). Per the Federal Register notice, the comment… more

Operationalizing Compliance: Part I – It All Starts with Pizza

With the release of their Evaluation of Corporate Compliance Programs (Evaluation) in February, the Department of Justice (DOJ) emphasized yet again the importance of actually doing compliance and not simply having a paper program in… more

How Europe’s Private Debt Funds Are Approaching the Leveraged Finance Market

Paul Mullen is a partner in the Hogan Lovells London office. In this hoganlovells.com interview, Mullen talks about how the deal structures vary between the private debt funds and the banks, the differences in the financial… more

CJEU Opinion on EU-Singapore FTA May Impact Approach to Future Trade Agreements

On 16 May 2017, the Court of Justice of the European Union (CJEU) issued the long-awaited landmark Opinion 2/15 on the EU-Singapore Free Trade Agreement (FTA). According to the CJEU, the EU-Singapore FTA falls under the EU’s exclusive… more

Did You Know? Georgia Revises Residential Mortgage Act Provisions

Georgia revised provisions under the Residential Mortgage Act, including, but not limited to, the following: An applicant for a mortgage lender license must provide a bond of $250,000, previously $150,000. This will become… more

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