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European Commission Report on Credit Rating Agencies Regulation

On October 19, 2016, the European Commission published a report (COM(2016) 664 final) responding to reporting obligations set out in Regulation 1060/2009 (CRA Regulation). The report: - Analyzes references to external credit…more

Don’t Look Back: California Restricts Use of Salary Histories

In August, we alerted you to several measures around the country that may indicate a trend towards restricting employers from seeking or relying upon applicants’ wage histories, including then-pending California Assembly Bill (“AB”)…more

Contra Non Not Applicable: Louisiana Appellate Court Refuses to Find Exception to Running of Prescription

Sophisticated plaintiffs beware. In Bayou Fleet, Inc. v. Bollinger Shipyards, Inc., et al., the Louisiana Fourth Circuit Court of Appeal concluded that contra non valentem, a judicially created exception to prescription, did not apply…more

[Webinar] Class Actions and Complex Litigation Webinar Series - Update on Systemic Discrimination Claims - November 8th, 2:00p.m. EST

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this webinar…more

The MACRA Final Rule: Key Takeaways for Health IT Vendors

The Centers for Medicare and Medicaid Services (CMS) surprised everyone with its earlier than expected release on Friday, October 14, 2016 of the MACRA final rule. Given ongoing updates from CMS, the contents were not a surprise nor…more

CFTC Extends Exemptions of RTO Energy Products to Bar Private Rights of Action

The CFTC quelled a controversy that had emerged regarding its proposed exemption of certain specified energy products transacted in Regional Transmission Organizations (RTO) by doing a “180” on its proposals that otherwise would have…more

FTC Reverses Prior Position – Buyers Must Now Count All New Debt as Part of the Transaction Size for HSR Purposes

The Federal Trade Commission's Premerger Notification Office has expanded the Hart-Scott-Rodino (HSR) reporting requirements for certain leveraged buyouts. M&A practitioners generally are familiar with the HSR premerger notification…more

Your Daily Dose of Financial News

The latest from the CFPB and its “Project Catalyst,” which aims to “encourage the development of innovative consumer financial products that meet regulatory requirements” [think Fintech]…more

Catching Up With the Times: CMS Reforms Long-Term Care Facility Requirements Part III

On October 4, the Centers for Medicare and Medicaid Services (CMS) published the biggest overhaul to federal long-term care regulations since 1991, and impacted facilities can immediately take steps to ensure they’re prepared for…more

Discovery of Nonparty Foreign Affiliates Must Be Tempered by Proportionality

The court’s opinion affirms the principle that relevance, even in the context of a foreign affiliate, must always be tempered by considerations of proportionality, thereby providing defendants an effective argument when opposing…more

When Botnets Attack: How Hackers Shut Down the Internet

Beginning early on October 21, 2016, Dyn, a New Hampshire based internet service company, was the victim of three distributed denial of service (DDoS) attacks. The first attack began at 7am ET and was resolved within about two hours…more

DOJ and FTC Set Possible Criminal Liability Trap for HR Professionals

In an October surprise, the DOJ and FTC (collectively, the “Agencies”) released guidance for HR professionals on the application of the antitrust laws to employee hiring and compensation. The Agencies’ October 20, 2016 release…more

New Delaware Chapter 11 Filings – American Gilsonite Holding Company

American Gilsonite Holding Company—a hydrocarbon resin supplier based in Houston, Texas—and four of its affiliates have filed petitions for relief under chapter 11 in the United States Bankruptcy Court for the District of Delaware…more

Federal Circuit Confirms Cuozzo Does Not Disturb § 314(d) Bar on Appellate Review of PTAB Reconsideration of IPR Institutions

The Federal Circuit’s recent decision in Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., addressed the effect of the Supreme Court’s decision in Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131 (2016), on the issue of whether…more

Changing Liver Transplant Parameters: Threatening Patients and Health Care Providers in Georgia and Across the Southeast

On March 16, 2000, the U.S. Department of Health and Human Services (HHS) promulgated a Final Rule, in part instructing the federally contracted Organ Procurement and Transplantation Network/Unit Network for Organ Sharing (OPTN/UNOS)…more

Blog: Are Stock Options A Counterweight To Whistleblower Bounties?

A new academic study, “Rank and File Employees and the Discovery of Misreporting: The Role of Stock Options,” finds that companies that flout financial reporting rules tend to grant more stock options than their peers that adhere to…more

Check the Box to Avoid Food & Beverage Packaging Litigation

Shagha Tousi, a partner in Nutter’s Litigation Department and a member of the firm’s Business Litigation and Product Liability and Toxic Tort Litigation practice groups, addressed product packaging litigation in the food and beverage…more

SEC Exams Looking for Whistleblower Violations

SEC staff in the Office of Compliance Inspections and Examinations are examining compliance with key whistleblower provisions arising out of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The staff is examining…more

Terminating the walking dead employee: What would Negan do?

Like many of you, I am still reeling from the brutal season opener of The Walking Dead. Looking at the episode through the lens of an employment lawyer, a few thoughts came to mind: first, Negan’s managerial style is a tad harsh;…more

Controversial Debt-Equity Regulations Finalized With Limited Fixes, Concessions and Reservations by Government

On October 13, 2016, Treasury and the IRS issued important new final and temporary regulations (the “Regulations”) under section 385 of the Internal Revenue Code addressing the treatment of intercompany debt for U.S. federal income tax…more

The State of File Sync and Share

Now more than ever before there is an increased demand for employees to share and collaborate on documents with people inside and outside of their respective organizations. For this reason, organizations of all shapes and sizes are…more

The 60-Day Rule: Failure to Return Overpayments Caused by Software Glitch Costs Hospital $2.95 Million

A software glitch can be just as risky for a healthcare provider as submitting a false claim. Or so it was declared on August 24, 2016 when the U.S. Attorney for the Southern District of New York announced that Continuum Health…more

Tenet Healthcare Settles Fraud Case for $514 Million

If you work in compliance in the healthcare industry, you have a tough job. The number and variety of risks that healthcare providers face is daunting. The False Claims Act is a mighty weapon in the hands of federal prosecutors…more

The French Digital Republic Act: the New Powers of the French Data Protection Authority and Enhanced Rights of Individuals

On October 7, the French Digital Republic Act (the “Act”) was adopted following a widely-publicized consultation process. The Act amends the French Data Protection Act, and also modifies French law in various domains, including…more

Data subject access request cannot be used to circumvent CPR disclosure regime

Where a data subject access request (DSAR) is made relating to "mixed data" (ie data within a document containing the data of individuals other than the data subject) there must be a careful balancing exercise between the respective…more

Planes, Trains And Automobiles: Employer Responsibility For Non-Exempt Employee Travel Time

In today’s digital workplace, employers and employees have more choices than ever before to meet and communicate with one another. Even with multiple options, there are times that face-to-face is the only way to get the job done. In…more

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, and the Office of the Comptroller of the Currency announced proposed rules relating to cybersecurity and risk management concerns that would…more

Don’t Miss The Algae Biomass Organization Summit, October 23-26, 2016, In Phoenix, Arizona

The Algae Biomass Summit is the largest algae conference in the world. This is where leading producers of algae products go to network with industry suppliers and technology providers, where project developers converse with utility…more

Requiring A Flu Shot Over Religious Objections: Risky Business

It’s flu season and many employers, particularly those in healthcare, want to require employees to be vaccinated to minimize the spread of illness. But what happens when an employee refuses on religious grounds?…more

Alert: DOJ to Criminally Pursue Anticompetitive Employment Violations

On October 20, 2016, the Antitrust Division of the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly released important guidance aimed at informing human resource (HR) professionals (and others involved in…more

Employer Groups Try To Block “Fair Pay And Safe Workplaces” Rule. Will They Beat The Deadline?

Many federal contractors are on the verge of having to comply with the Obama administration’s Fair Play and Safe Workplaces Executive Order. The FAR Council’s Final Rule and the U.S. Department of Labor’s Final Guidance (I’ll refer to…more

Bankruptcy Court Assesses Sanctions on Mortgage Servicer for Failure to File Notices Relating to Residential Mortgage Loans

In re Gravel, ____ B.R. _____, Case Nos. 11-10112, 11-10281, 12-10512, 2016 WL 4765773 (Bankr. D.Vt. September 12, 2016) - In September of 2016, the United States Bankruptcy Court for the District of Vermont assessed sanctions…more

On the Road: SCC Allows Class Action Judges to Hold Extraprovincial Hearings in Certain Circumstances

On October 20, 2016, the Supreme Court of Canada (SCC) ruled that a provincial superior court judge may sit outside his or her home province to hear motions without live evidence in national class actions proceedings in certain…more

D.C. Circuit Holds CFPB Unconstitutionally Structured' and Overturns PHH Penalty

Last week, the U.S. Court of Appeals for the D.C. Circuit issued its much-anticipated decision in PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir., Oct. 11, 2016). In its 110-page decision, the three-judge panel deemed the Consumer Financial…more

Government Contractor “Blacklisting” Regs Take Effect Oct. 25 — Fast Facts

The controversial new Fair Pay and Safe Workplaces rules begin to phase in starting Oct. 25, 2016. The regulations, mandated by President Obama’s executive order and now being implemented in the Federal Acquisition Regulatory…more

Employer Guide for Election Season

The 2016 presidential election season has provided fodder for often impassioned conversations among friends, family and co-workers. While we may not always agree with all points of view, it is important to remember that conduct and…more

[Video]Compliance into the Weeds-Episode 16-SOX reporting & disclosure controls and COSO Framework unity

In this episode, Matt Kelly and I discuss the differences between SOX 404 reporting controls and 302 disclosure controls. We then pivot to a discussion of the potential merging of the COSO 2013 Framework for controls with the COSO ERM…more

Countries at a Glance 2016: Spain - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - Employers should distribute a hard-copy disclaimer which acknowledges the employees' receipt of the Plan documents as well as…more

Court Rejects EEOC’s EPA Lawsuit Theory

Seyfarth Synopsis: The EEOC sued an employer for Equal Pay Act violations, claiming that Maryland Insurance Administration failed to pay three female fraud investigators the same wages as comparable male fraud investigators. On cross…more

"CFTC Proposes Rules to Count Cross-Border Swaps for Swap-Dealer Thresholds and Other Requirements"

The CFTC’s newly proposed rules on cross-border transactions address which swap activities affect swap-dealer thresholds and trigger transaction-level swap requirements. These are the latest in a series of CFTC rulemakings, orders and…more

When a Contract Is Not a Contract | Contract Attorney in Arizona

As an experienced contract attorney in Arizona I find it interesting that going into the 1860 Republican nominating convention, it was far from certain who would emerge as the presidential candidate for the young party. One of those…more

Analyzing Patent Claims Having Conditional Language – the PTAB Provides Clarity

The Patent Trial and Appeal Board (PTAB) recently designated Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016), as precedential. In this decision the Board clarified how to interpret method and system claims that include…more

Singapore Hosts Inaugural Forum on Managing Cross-Border Insolvency Cases

The Judicial Insolvency Network (JIN) conference aims to encourage communication and cooperation amongst national courts. From 10 to 11 October, Singapore hosted the inaugural JIN conference. JIN is a network of insolvency judges…more

Medical Device Updates: U.S. Food and Drug Administration (FDA) Releases Numerous and Important Draft Guidance Documents

The summer of 2016 saw a flood of new medical device-related guidance documents coming out of FDA’s Center for Devices and Radiological Health (CDRH). Some of these draft guidance documents, such as those addressing device…more

Federal Court Finds That 2015 TCPA Safe Harbor Applies to Automated Flu Shot Reminders

A recent decision from a federal court in California found that a retail pharmacy’s “flu shot reminder” calls to mobile phones fall within the FCC’s TCPA safe harbor for exigent health care treatment messages. But the holding is…more

Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc. (Fed. Cir. 2016) - Federal Circuit Denies Petition for Rehearing in Medtronic v. Robert Bosch Healthcare Systems

One of the aspects of inter partes review that differed from other post-grant review proceedings before the Board of Patent Appeals and Interferences (succeeded by the Patent Trial and Appeal Board) is a requirement for transparency…more

Countries at a Glance 2016: United States - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - A claim for breach of contract could arise where a Plan is amended or discontinued. It is recommended that Plan provisions be…more

OCC & Federal Reserve Report and Proposed Rules - Limitation on Banks Dealing & Investing in Metals and other Physical Commodities

On September 8, 2016, as required by Section 620 of the Dodd-Frank Act, the Board of Governors of the Federal Reserve System (the “Board”), the Office of the Comptroller of the Currency (the “OCC”) and the Federal Deposit Insurance…more

Full Seventh Circuit Bench to Decide Whether Title VII Prohibits Sexual Orientation Discrimination

In a previous post we discussed the Seventh Circuit’s decision in Hively v. Ivy Tech Community College, in which a three-judge panel concluded that Title VII did not protect an employee from discrimination based on her sexual…more

Entities that are subject to the Affordable Care Act’s Nondiscrimination Rules must post notice by October 17, 2016 and implement other procedures

In May, the Department of Health and Human Services (“HHS”) published a final rule implementing Section 1557 of the Affordable Care Act (“ACA”). The rule prohibits discrimination on the basis of race, color, national origin, sex, age…more

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