Drinker Biddle & Reath LLP

House Joins Senate in Passing Resolution to Disapprove New NLRB Election Rule

Last week, the U.S. House of Representatives voted 232-186 in favor of passing a resolution to disapprove the National Labor Relations Board’s (“NLRB’s”) new “quickie election” rule, which becomes effective April 14 and is…more
| Elections & Politics, Labor & Employment Law

Health Coverage for Staffing Firm Employees – Who is Responsible?

The Issue: Whether the recipient employer or the staffing firm from which the employer hires workers is responsible for offering health coverage to those workers under the Affordable Care Act’s employer mandate…more
| Labor & Employment Law, Taxation

Joint Employer Liability on the Rise

The Issue: Could my company be liable as a joint employer for Labor Code violations of our subsidiary or third-party staffing company?…more
| Business Organizations, Labor & Employment Law

Take Care When Crafting an Offer of Judgment

In Compressor Eng’g Corp. v. Thomas, Case No. 10-10059, 2015 U.S. Dist. LEXIS 20079 (E.D. Mich. Feb. 19, 2015), Defendant Charles Thomas Jr. sought to moot the claim of Plaintiff Compressor Engineering Corporation (“Compressor”)…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Constitutional Law, Consumer Protection

The False Claims Act 2015: DOJ Policies and Judicial Decisions Likely to Lead to an Increase in FCA Claims

By all accounts, 2014 was a banner year in False Claims Act (FCA) enforcement, with the Department of Justice (DOJ) announcing a record $5.69 billion in FCA recoveries. 2015 promises to be an equally active year and is already…more
| Civil Procedure, Civil Remedies, Criminal Law, Government Contracting

Securities Trade Association Voices Support for Application of Gabelli Decision to All SEC Enforcement Actions

In a recently filed amicus brief, the Securities Industry Financial Markets Association (“SIFMA”), which represents the interests of securities firms, banks, and asset managers, urged the Eleventh Circuit Court of Appeals to…more
| Administrative Law, Finance & Banking, Securities Law

Telecommunications in Cuba and the U.S. Embargo: History, Opportunities, and Challenges

Since President Obama announced the United States’ new policy to normalize relations with Cuba, talk about opportunities for U.S. telecommunications companies has flourished. That reaction only intensified when the Treasury…more
| Communications & Media Law, Elections & Politics, Finance & Banking, International Law & Trade, Science, Computers, & Technology

Punishing Good Deeds in California

Most state treasurers now demand that life insurers search public databases, such as the Social Security Administration’s Death Master File (DMF), for potential claims. State treasurers similarly require insurers to remit…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Insurance, Wills, Trusts, & Estate Planning

Goodyear Settles SEC’s FCPA Charges for $16M – Investigation Underscores Importance of Pre-Acquisition Due Diligence and Oversight of Foreign Subsidiaries

On February 24, 2015, the Securities and Exchange Commission (SEC) announced that it had settled its Foreign Corrupt Practices Act (FCPA) investigation of payments made by two subsidiaries of The Goodyear Tire & Rubber Company…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade, Securities Law

SEC Provides Guidance on Receipt of Gifts by Fund Advisory Personnel

On February 23, 2015, the SEC’s Division of Investment Management issued guidance concerning the conflict of interest that arises when persons doing business, or hoping to do business, with a fund provide gifts, entertainment or…more
| Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

Courts Confirm Importance Of Human Intervention

A critical issue under the TCPA is the extent to which the statute applies to mobile text messaging platforms. As evident from its title, Congress intended that the TCPA would protect consumers from unsolicited telephone calls,…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Tough Sell for Bechtel: American General Files Suit in Florida

On January 29, 2015, American General Life Insurance Company filed a complaint against Kevin H. Bechtel and Life Brokerage Partners, LLC, in the United States District Court for the Middle District of Florida, Tampa Division…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

Defined Benefit Plan Sponsors Beware – Potential Liability Related to Facility Closings and Sales of Business Units

ERISA Section 4062(e) provides for potential employer liability when an employer ceases operations at a facility, resulting in a set percentage of a defined benefit pension plan’s participants being terminated. However, this…more
| Labor & Employment Law, Finance & Banking

2015 Promises to Bring Further Clarity to Whether Defendants Can Moot Class Actions by Mooting the Claims of Named Plaintiffs

The new year is off to a busy start, and it appears 2015 will bring additional Circuit-level clarity to an issue the Supreme Court left open in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013): whether an offer of…more
| Civil Procedure, Communications & Media Law

Lawsuit Alleges Unlawful Insurance Scheme Involving Commission Pooling for the Purpose of Procuring IUL Policies That Intentionally Lapsed After One Year

On February 13, 2015, Transamerica Life Insurance Company filed a lawsuit in the Central District of California concerning an allegedly unlawful insurance scheme in connection with the sale of indexed universal life insurance…more
| Civil Procedure, Commercial Law & Contracts, Insurance
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Philadelphia, PA 19103-6996, United States

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