Akerman LLP

DOL Issues New FMLA Forms

The Department of Labor has finally issued new FMLA forms. These forms (WH-380-E, WH-380-F, WH-381, WH-382, WH-384, WH-385, and WH-385V) may be accessed from the DOL’s website. The prior FMLA forms expired well before the new…more
| Civil Rights, Health, Labor & Employment Law, Privacy

Ninth Circuit En Banc Reverses Injunction Against YouTube Display of “Innocence of Muslims”

In Garcia v. Google, No. 12-57302 (9th Cir. May 18, 2015), the en banc Ninth Circuit reversed a prior panel decision and held that an actress was not entitled to a preliminary injunction removing all copies of a film from…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

Expanded Whistleblower Protections Impact Confidentiality Policies and Agreements

All employers should review their confidentiality policies and agreements to ensure adequate protections for whistleblowers in the wake of recent actions by both the Securities and Exchange Commission (“SEC”) and the National…more
| Administrative Law, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

New HIPAA Guide to Privacy and Security of Electronic Health Information

The HHS Office of the National Coordinator for Health Information Technology (ONC) recently released Version 2.0 of its Guide to Privacy and Security of Electronic Health Information (Guide)…more
| Consumer Protection, Privacy, Health, Science, Computers, & Technology

OIG Issues Compliance Guidance for Healthcare Governing Boards

Members of healthcare governing boards now have direction from the OIG as to what is expected of them as they oversee the regulatory compliance of their organizations. And the good news is that the board members don’t have to…more
| Administrative Law, Business Organizations, Commercial Law & Contracts, Health

EEOC Will Now Process Sexual Orientation Discrimination Claims

On February 3rd, the Equal Employment Opportunity Commission released an internal memorandum stating that the EEOC will now process and investigate claims of discrimination based on sexual orientation, transgender status, and…more
| Administrative Law, Civil Rights, Labor & Employment Law

Religious Freedom and the Affordable Care Act

The fascinating interplay that weaves between the First and Fifth Amendments to the U.S. Constitution, the Religious Freedom Restoration Act (RFRA) and the Patient Protection and Affordable Care Act (ACA) continues to march on…more
| Civil Procedure, Constitutional Law, Health

Governor Signs Legislation Ending the Development of Regional Impact Program for New Development

On Thursday, May 14, 2015, Governor Scott signed into law CS/CS Senate Bill 1216, now Chapter 2015-30, Laws of Florida. This historic piece of legislation eliminates the Development of Regional Impact (DRI) process requirements…more
| Construction Law, Elections & Politics, Environmental Law, Zoning, Planning & Land Use, Real Estate - Commercial

Time Sensitive Updates for Employer-Sponsored Retirement Plans

There are two time sensitive updates affecting employer sponsored retirement plans that companies should be aware of and review to determine whether action is needed. The first update applies to employers that sponsor a 401(k)…more
| Labor & Employment Law, Finance & Banking, Taxation

Employers Face Stricter Requirements when Hiring H-2B Workers

In response to recent litigation that created significant uncertainty around processing of applications for H-2B temporary foreign workers, the Department of Labor and Department of Homeland Security recently issued a federal…more
| Labor & Employment Law, Immigration Law

Ralph Lauren Loses Its Latest Polo Match in the Second Circuit

The Second Circuit recently vacated a contempt order entered against the U.S. Polo Association for selling sunglasses with its logo depicting two mounted polo players vying for a ball. The Second Circuit found that the Southern…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Major Revision to Development of Regional Impact Review Process Passed by 2015 Florida Legislature; Awaits Action By Governor

On April 24, the Florida House of Representatives added its approval to CS/CS Senate Bill 1216, an omnibus growth management bill. Most significantly, for new projects that are not currently exempt, the bill replaces the current…more
| Administrative Law, Construction Law, Elections & Politics, Zoning, Planning & Land Use

The Top 10 Patient Safety Concerns for Healthcare Organizations in 2015

The Emergency Care Research Institute, (ECRI) Patient Safety Organization (PSO) has issued its 2015 “top 10 list” of safety concerns for multiple healthcare settings, such as hospitals, ambulatory care centers, doctor’s offices…more
| Consumer Protection, Privacy, Health, Professional Malpractice, Science, Computers, & Technology

The House That Juice Built: TTAB Denies Registration To Parodies

On May 8, 2015, the Trademark Trial and Appeal Board (the “Board”) issued a resounding blow to trademark applicants who seek to register others’ trademarks as parodies. In New York Yankees Partnership v. IET Products and…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

FinCEN Issues Aggressive Regulatory Order Against Electronics Companies in Miami

For the second consecutive year, the Financial Crimes Enforcement Network ("FinCEN"), of the U.S. Department of Treasury, issued a Geographic Targeting Order ("GTO"), to deter the laundering of drug money through an underground…more
| Criminal Law, Finance & Banking, International Law & Trade
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