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NLRB Reversal Prompts Concerns for Employers on E-Mail Use

On December 11, 2014, the National Labor Relations Board (NLRB) issued a major decision, Purple Communications. The decision reversed the board’s 2007 decision in Register Guard, where the NLRB had drawn one of the few...more

Alert: U.S. Supreme Court Unanimously Rules That Security Screening Time is Not Compensable Under FLSA

The U.S. Supreme Court recently ruled that an employer was not required to pay its non-exempt employees for time spent waiting to go through security screenings at the end of the workday. In Integrity Staffing Solutions, Inc....more

U.S. Court Asserts its Authority in a Cross-Border Bankruptcy Case

The United States Court of Appeals for the Second Circuit recently asserted its authority in addressing an asset sale in a cross-border bankruptcy case where the main insolvency proceeding was conducted in the British Virgin...more

U.S. Supreme Court Holds that Post-Shift Employee Security Screenings are Not Compensable Under the FLSA

On December 9, 2014, the United States Supreme Court issued a unanimous decision in Integrity Staffing Solutions, Inc. v. Busk holding that employees' time spent waiting to undergo and undergoing security screenings is not...more

ML Strategies Energy and Environment Update: Week of 12/15/2014

ENERGY AND CLIMATE DEBATE - Energy and environmental issues abounded on the congressional as well as international fronts last week, and they will continue to play a prominent role in the last couple of weeks of 2014....more

The UK’s New Diverted Profits Tax

The UK Treasury has published the draft legislation for the new Diverted Profits Tax (DPT), which it plans to introduce from 1 April 2015. This has been unofficially described as the “Google Tax”, and represents part of the...more

Securities Regulation Legislation in the Coming 114th Congress

If the current 113th Congress is any measure, we can expect the coming 114th Congress to introduce and promote bills seeking, among other matters, to facilitate capital formation, to correct oversights in the original JOBS...more

Boyd Lighting's Steampunk Sconce Gets Stock Photo Archive Steamed

On December 16, 2014, Lived In Images, Inc. (d/b/a Hometica) sued Boyd Lighting Fixture Company for copyright infringement in the United States District Court for the Northern District of California (San Francisco Division)...more

Supreme Court Rules That Time Spent Clearing a Security Checkpoint Is Not Compensable Under the FLSA

In Integrity Staffing Solutions, Inc. v. Busk, 2014 WL 6885951(U.S. Dec. 9, 2014), the Supreme Court held that time employees spend waiting to undergo and undergoing security screenings is not compensable work time under the...more

Not so obvious “obvious risks”

The District Court of Western Australia’s recent decision in Petkovic v Blazeski [2014] WADC 170 highlights the limitations of “obvious risk” defences and the level of evidentiary analysis that defendants ought undertake...more

NJ Supreme Court to Rule on SOL Waiver

Last week, the New Jersey Supreme Court agreed to address whether to uphold a provision in a job application that limited the time in which an employee could sue the company to no more than 6 months after an alleged adverse...more

On the Sixth Day of Privacy, the hackers gave to Sony……

many more than six different hacks……and headaches…… - With the holiday season in full swing, many of us are struggling with that age-old question: “what do you get for the person who has everything?” Well, if that...more

The Affordable Care Act—Countdown to Compliance for Employers, Week 2: Explaining the Look-Back Measurement Method to Employees

Many applicable large employers—i.e., employers that are subject to the Affordable Care Act’s (ACA) employer shared responsibility rules—have a pretty good sense of what these rules are, how they work, and what they plan to...more

How to Determine the Appropriate Rate of Pay for Attendant Care Providers

If you are an adjuster handling attendant care issues in a workers’ compensation claim, you know it can be a challenge to determine the rate of pay for an attendant care provider. The appropriate compensation rate for the...more

Deutsche Rentenversicherung Bund stellt Informationen zur Versicherungspflicht von Syndikusanwälten online

Nachdem das Bundessozialgericht am 3. April 2014 entschieden hat, dass abhängig beschäftigte Rechtsanwälte (sog “Syndikusanwälte”) zwingend der Versicherungspflicht in der gesetzlichen Rentenversicherung unterliegen, hat...more

LNG as a Fuel

The use of Liquefied Natural Gas (LNG) as a transportation fuel for ships, barges, and ferries has surged in recent months. This surge is due, in large part, to the boon in the production of natural gas in the U.S.; new low...more

Failure to take basic security measures may result in HIPAA penalties – 6 tips to keep up with updates and patches

Covered Entities and their Business Associates must comply with HIPAA’s Security Rule, or they may face substantial penalties. The Office of Civil Rights (OCR) recently shared a resolution agreement that emphasizes the...more

Funds and the Derivatives Markets: Recent Developments and Ongoing Challenges*

INTRODUCTION AND OVERVIEW OF DODD-FRANK TITLE VII - Title VII of the U.S. Dodd-Frank Wall Street Reform and Consumer Protection Act (?Title VII? or ?Dodd- Frank?), enacted on July 21, 2010, provided for the first time a...more

NLRB’s Election Rules Overhaul Sounds Alarms for Employers

In a one-two punch combination for employers, the National Labor Relations Board (NLRB) issued on Dec. 12, 2014, its final expedited election rules. Supporters colloquially call them “quickie” election rules while opponents...more

Manatt Digital Media - December 2014

2014 has been a transformative year in media and entertainment, particularly with the acceleration of “mobile-first, digital-first” initiatives—which we covered in our November newsletter—from pay TV unbundling to the...more

Cole Porter Was Right: The Economic Cost of Climate Change

There has already been significant discussion of the economic impacts of climate change. Damage from catastrophic events, the cost to build adaptation measures such as sea walls; these have all been examined. ...more

Directors Need to Meet High Standard to Avoid Liability

The Tax Court of Canada again confirmed that directors of corporations will have a high burden to meet to establish a due diligence defence and avoid liability for unremitted source deductions....more

Cybersecurity Monday: Who Is Shopping for Your Data?

At this time of year, everyone is shopping for a good bargain. And with “Cyber Monday,” the internet has become the place to go for the best deals. The shift to online and cloud-based information systems and data storage has...more

CHRISTMAS 2014: Top Five Privacy & Cyber Predictions, Trends And Issues For 2015 And Beyond!

Last year at this time we looked forward to the APPs coming into effect (from 12 March 2014) and highlighted the Top 10 Things You Think You Know About Privacy But Don’t!. In September this year we highlighted the practical...more

USPTO Issues New Subject Matter Eligibility Examination Interim Guidelines – Nature-Based Product Guidance

On December 16, 2014, the USPTO issued a comprehensive interim Guidance document for examination of subject matter eligibility under 35 U.S.C. § 101. The new Guidance document supplements the June 2014 Preliminary...more

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