LeClairRyan

The Utility And Risk Of Mobile Device Tracking

Americans are becoming increasingly dependent on mobile devices, such as smart phones. These devices allow us to remain in constant contact with our family, friends, and colleagues. Moreover, the use of these devices is…more

FTC, Mobile Devices, Retail Market, Web Tracking

See All Updates »

Final Paycheck Laws – Getting It Right (Part II)

Unless you’re Donald Trump, you probably don’t like telling employees, “You’re Fired!” On the other hand, most employers do not like to hear that an employee is quitting. However, eventually the day will come when an employee…more

Employer Liability Issues, Employer Mandates, Hiring & Firing, Wages

See All Updates »

NTSB Ruling: FAA Regulations Enforceable Against Drones

In the ever shifting landscape of drone law, there has been another seismic shift. In a November 18, 2014 ruling, the NTSB held that the FAA does have the authority to enforce its regulations against certain model aircraft…more

Aircraft, Drones, Federal Aviation Administration (FAA), NTSB, Pirker

See All Updates »

New, Clarified FAA Rules Benefit both Makers and Users of Small ‘Drones'

Newly proposed rules on the use of small, unmanned drones could bring peace of mind to farmers, researchers, real estate agents, government agencies and others who have worried they might be breaking the law by flying…more

Airspace, Commercial Use, Drones, Federal Aviation Administration (FAA), Licensing Rules

See All Updates »

The 60-Second Construction Journal

When the Worcester State Hospital psychiatric facility was being built in Worcester, Mass., the state’s Division of Capital Asset Management and Maintenance (DCAM), the project’s owner, entered into a contract with an…more

Architects, Architecture, Construction Industry, Construction Litigation, Construction Management at Risk

See All Updates »

New, Clarified FAA Rules Benefit both Makers and Users of Small ‘Drones'

Newly proposed rules on the use of small, unmanned drones could bring peace of mind to farmers, researchers, real estate agents, government agencies and others who have worried they might be breaking the law by flying…more

Airspace, Commercial Use, Drones, Federal Aviation Administration (FAA), Licensing Rules

See All Updates »

Breaking News: Federal Court Halts Implementation of FLSA Overtime Final Rule

The current overtime exemption rule under the Federal Labor Standards Act (FLSA), Section 213(a)(1), exempts from both minimum wage and overtime requirements “any employee employed in a bona fide executive, administrative, or…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See All Updates »

Accountant and Attorney Liability Newsbrief - Spring 2016

Parties Cannot Alter by Contract the Scope or Grounds of Judicial Review of an Arbitration Award - LeClairRyan shareholders Warren Hutchison and Nancy Reimer scored an impressive victory this spring when the Massachusetts…more

Arbitration Awards, Assignments, Bankruptcy Court, CFPB, Class Action

See All Updates »

Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

See All Updates »

Will Privacy Enforcement Actions Impact “Reasonable” Security Measures Needed to Protect Trade Secrets?

In widely-publicized, contested privacy cases last year, the FTC advocated in favor of a high baseline for information security measures.  Among the security practices attacked by the FTC as critical mistakes by companies…more

Cybersecurity, Data Protection, Data Security, Defend Trade Secrets Act (DTSA), Enforcement Actions

See All Updates »

Accountant and Attorney Liability Newsbrief - Fall 2016

Massachusetts recently amended its pay equity statute, which substantially enforces the protections of the Massachusetts Equal Pay Act. These changes will go into effect in July 2018. The prohibitions against discriminating on…more

Accountant Malpractice, Attorney's Fees, Authors, Bankruptcy Code, Breach of Duty

See All Updates »

Virginia ABC Relaxes Wineries’ Use of Tasting, Retail Sales Areas

In a just-published Circular Letter (16-02), the Virginia Department of Alcoholic Beverage Control (ABC) announced that wineries, farm wineries and breweries may now use areas approved for retail sales and tastings for holding…more

Breweries, Events, Hospitality Industry, Retail Market, Wine & Alcohol

See All Updates »

[Event] The 2016 Accountant Liability Update: Strategies for Success and Risk Avoidance - June 23rd, Waltham, MA

LeClairRyan invites you to join us for a free half-day seminar: The 2016 Accountant Liability Update, Strategies for Success and Risk Avoidance. The stakes could not be higher or more challenging. It is not your father's (or…more

Accountants, Affordable Care Act, Business Development, Cyber Insurance, Cybersecurity

See All Updates »

CMS Finalizes 60-Day Overpayment Rule

The federal government has clearly established that failure to report and refund an identified overpayment within 60 days of identification could trigger False Claims Act (FCA) liability. When an overpayment has been…more

60-Day Rule, CMS, False Claims Act (FCA), Health Care Providers, Medicare Part A

See All Updates »

U.S. Supreme Court Refuses to Hear Iskanian v. CLS Transportation Appeal

Last summer, the California Supreme Court ruled in Iskanian v. CLS Transportation Los Angeles, LLC that the Federal Arbitration Act (FAA) preempted California’s policy against enforcement of class action waivers in arbitration…more

Arbitration, Class Action, Class Action Arbitration Waivers, Employer Liability Issues, Employment Contract

See All Updates »

Cloud-Computing Lessons using Software as a Service (SaaS)

Long before anyone referred to “the cloud” as something related to the Internet, software companies began shifting away from expensive, customized, on-site software implementations to something we used to call Software as a…more

Cloud Computing, Internet, Internet Service Providers (ISPs), Networks, SAAS

See All Updates »

The 60 Second Construction Journal

You be the judge in this Texas-centric case FACTS: An engineering joint venture contracted with the Dallas Area Rapid Transit (“DART”) to provide design plans and specifications for a light rail line in Dallas, Texas…more

Construction Industry, Contract Disputes, Negligent Misrepresentation, Transportation Industry, TX Supreme Court

See All Updates »

Cyber Insurance: Make Sure You Understand Your Coverage

Today, businesses are increasingly purchasing cyber-specific insurance in an effort to mitigate the financial impact of a breach or other cybercrime. In terms of what might be covered in a cyber insurance policy, there are…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection

See All Updates »

New York Court: Insurer's Failure To Defend Does Not Waive Coverage Defenses

New York’s highest court recently held that an insurer that does not defend its insured may, if later sued by the policyholder seeking coverage, plead policy exclusions as a defense to the coverage claim…more

Affirmative Defenses, Attorney Malpractice, Denial of Benefits, Professional Liability, Waivers

See All Updates »

‘Here We Go Again’: Oil and Gas Sector to Face New Regs in 2015

Tracking regulatory changes in the oil and gas industry is no minor undertaking. After all, when someone speaks of “the oil and gas industry,” that person isn’t simply referencing some narrowly defined zone of activity; instead,…more

Conflict Mineral Rules, Employer Liability Issues, Fracking, Fracking Bans, Oil & Gas

See All Updates »

Legal Considerations for Website Privacy Policies

We get questions from clients about whether they are required to include a privacy policy and, if so, what should it say. The answers may surprise you, but a privacy policy should definitely not be an afterthought for website…more

Data Privacy, Data Security, FTC, Personally Identifiable Information, Privacy Disclosures

See All Updates »

[Webinar] The New Overtime Rules Effective in December: Are You Ready? - September 22nd, 12:30pm EDT

Beginning December 1, 2016, many exempt employees may no longer be exempt. This is because the U.S. Department of Labor’s (DOL) updated regulations double the minimum weekly salary threshold required for employee positions to be…more

Bonuses, DOL, Employee Handbooks, Exempt-Employees, FLSA

See All Updates »

Rulings Pose Obstacles to Franchisors Seeking to Stop Wrongful Trademark Use

A series of recent Circuit Court decisions has made it more difficult for a franchisor to enjoin a former franchisee from using the franchisor’s federally registered trademarks after the franchise agreement has been terminated…more

Corporate Counsel, Franchise Agreements, Franchisee, Franchisors, Injunctive Relief

See All Updates »

Appellate Court Ruling Favors Economic Freedom, Marketplace Competition

On October 7, 2016, in Joe Sanfelippo Cabs, Inc. v. City of Milwaukee, Judge Posner, writing for the unanimous United States Court of Appeals for the Seventh Circuit, held that the City of Milwaukee’s decision to allow new taxi…more

Appeals, Competition, Fifth Amendment, Local Ordinance, Permits

See All Updates »

Cloud Sharing Apps Scrutinized for ePHI

In a relatively short time period, the direct costs of document storage have dropped precipitously, and cloud-based document storage has become ubiquitous. Clearly, this is a wave of the future. But a recent settlement agreement…more

Cloud Computing, Compliance, Data-Sharing, Dropbox, Electronic Health Record Incentives

See All Updates »

Accountant And Attorney Liability Newsbrief - Winter 2014

In This Issue: - Offshore Disclosure Programs—A Trap for CPAs? - Superior Court Imposes Sanctions for Withholding Documents in Discovery - Expert Witness Faces Personal Liability for Professional Malpractice - U.S…more

Accountant Malpractice, Accountants, Attorney Malpractice, Professional Liability, Statute of Limitations

See All Updates »

In Tough Times, Dissolution May Offer the Benefits of Bankruptcy But Without the High Costs

The economy may be showing signs of improvement, but more than 34,000 businesses still filed for bankruptcy in 2014, according to the American Bankruptcy Institute. Studies indicate, however, that many more…more

Commercial Bankruptcy, Corporate Dissolution, Small Business

See All Updates »

Startup Companies Have Another Tool in the Basket for Raising Funds

Long awaited Regulation Crowdfunding has finally been adopted by the U.S. Securities and Exchange Commission (SEC). It provides startup companies with another tool for raising funds from the public without the need of a…more

Capital Raising, Crowdfunding, FINRA, Funding Portal, Offerings

See All Updates »

[Webinar] Construction Project Pre-planning: Silos of Agreements for Design and Construction - June 8th, 12:30pm EDT

Breaking ground is always an exciting proposition for any healthcare entity – but the documents that set it in motion can be crucial to achieving success with your team of design professionals, program managers, construction…more

Health Care Providers, Hospitals, Webinars

See All Updates »

Open Payments/Sunshine Act Year Two: Guidance for Physicians

On June 30, 2015, the Centers for Medicare and Medicaid Services (CMS) will publish the first full-year report of payments to physicians from pharmaceutical and medical device manufacturers. Physicians who want to review their…more

CMS, Healthcare, Manufacturers, Medical Devices, Open Payments

See All Updates »

[Event] 2016 Long Term Care Legal Update: Insights and Best Practices for Risk Mitigation in Employment and Litigation Claims - November 4th, Roanoke, VA

Please join LeClairRyan at Charter Hall in Roanoke's Market Building for a complimentary midday presentation (lunch served) on strategies to combat today's legal concerns. Our attorneys will share insights to help you manage…more

Continuing Legal Education, Defense Strategies, Disciplinary Proceedings, Electronic Medical Records, Events

See All Updates »

[Event] 2016 Long Term Care Legal Update: Insights and Best Practices for Risk Mitigation in Employment and Litigation Claims - November 4th, Roanoke, VA

Please join LeClairRyan at Charter Hall in Roanoke's Market Building for a complimentary midday presentation (lunch served) on strategies to combat today's legal concerns. Our attorneys will share insights to help you manage…more

Continuing Legal Education, Defense Strategies, Disciplinary Proceedings, Electronic Medical Records, Events

See All Updates »

Accountant and Attorney Liability Newsbrief - Fall 2016

Massachusetts recently amended its pay equity statute, which substantially enforces the protections of the Massachusetts Equal Pay Act. These changes will go into effect in July 2018. The prohibitions against discriminating on…more

Accountant Malpractice, Attorney's Fees, Authors, Bankruptcy Code, Breach of Duty

See All Updates »

"ObamaCare" Open Enrollment Period Passes: What This Means For Consumers

The Affordable Care Act (the health care reform law also known as “ObamaCare”) created a nationwide open enrollment period to purchase individual and family health insurance. For fully-reformed, 2014 health insurance plans, open…more

Affordable Care Act, Health Insurance Exchanges, Healthcare, Healthcare Reform, Open Enrollment

See All Updates »

Accountant and Attorney Liability Newsbrief - Fall 2016

Massachusetts recently amended its pay equity statute, which substantially enforces the protections of the Massachusetts Equal Pay Act. These changes will go into effect in July 2018. The prohibitions against discriminating on…more

Accountant Malpractice, Attorney's Fees, Authors, Bankruptcy Code, Breach of Duty

See All Updates »

Federal Law Preempts State Wage Law in Employee Misclassification Case

A Massachusetts Superior Court recently ruled against a group of truck drivers who claimed that a delivery company violated the Massachusetts Wage Act by misclassifying the drivers as independent contractors rather than as…more

FAAAA, Independent Contractors, Misclassification, Popular, Preemption

See All Updates »

‘Here We Go Again’: Oil and Gas Sector to Face New Regs in 2015

Tracking regulatory changes in the oil and gas industry is no minor undertaking. After all, when someone speaks of “the oil and gas industry,” that person isn’t simply referencing some narrowly defined zone of activity; instead,…more

Conflict Mineral Rules, Employer Liability Issues, Fracking, Fracking Bans, Oil & Gas

See All Updates »

The 'Inexorable March' Toward Disclosure of Risk Management Materials

A reminder for risk managers at hospitals and other healthcare organizations in Virginia and elsewhere: Plaintiffs’ attorneys can win access to risk management information long considered protected and internal—including…more

Disclosure, Discovery, Health Care Providers, Healthcare, Hospitals

See All Updates »

CMS Finalizes 60-Day Overpayment Rule

The federal government has clearly established that failure to report and refund an identified overpayment within 60 days of identification could trigger False Claims Act (FCA) liability. When an overpayment has been…more

60-Day Rule, CMS, False Claims Act (FCA), Health Care Providers, Medicare Part A

See All Updates »

DOJ’s first prosecution for campaign finance coordination — a sign of things to come?

With the 2016 presidential campaign in full swing, pundits, reformers and the media are once again shining a light on the role of independent-expenditure-only committees, aka “super PACs,” in the American political process…more

Campaign Contributions, Campaign Finance Reform, Citizens United, Compliance, Contribution Limits

See All Updates »

Broadest Reasonable Interpretations for Inter Partes Review Proceedings Affirmed

The U.S. Court of Appeals for the Federal Circuit recently issued the first decision in an appeal of a final decision of the Patent Trial and Appeal Board (the "Board") under the America Invents Act ("AIA"). In the 2-1 decision…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies

See All Updates »

Public Sector Unions Take a Hit in Recent Supreme Court Decision

The United States Supreme Court recently held in Harris v. Quinn that the First Amendment protects certain "quasi-public" employees from being forced to pay fees to a public sector labor union that they don't support. While the…more

Employee Rights, First Amendment, Harris v Quinn, SCOTUS, Unions

See All Updates »

Accountant and Attorney Liability Newsbrief - Fall 2016

Massachusetts recently amended its pay equity statute, which substantially enforces the protections of the Massachusetts Equal Pay Act. These changes will go into effect in July 2018. The prohibitions against discriminating on…more

Accountant Malpractice, Attorney's Fees, Authors, Bankruptcy Code, Breach of Duty

See All Updates »

California’s On-Duty Meal Period – Not a Waiver of a Meal Period!

Under California law, employees are required to take an off-duty 30-minute meal period before the end of the 5th hour of work. Employees who work less than 6 hours may waive the 30-minute meal period by mutual consent of the…more

Best Management Practices, DLSE, Rest and Meal Break, Wage and Hour

See All Updates »

Policy Predictions: How will Trump's 100-Day Plan Affect U.S. Energy Industry?

The American landscape is littered with failed prognostications about what new Presidential administrations would or would not ? and could or could not ? accomplish. Every new President faces the challenge of transforming…more

Clean Power Plan, Climate Change, Coal, Coal Industry, Energy Policy

See All Updates »

Authenticating Purchases with Facial Recognition

Facial recognition technology has rapidly advanced in sophistication and accuracy over the years. Early use of the technology was focused on facial detection in security systems. Since 2014, the federal government has introduced…more

Amazon Marketplace, Best Practices, Biometric Information, Data Collection, Data Privacy

See All Updates »

United States Bankruptcy Court Rejects Creditor’s Cost Claim Because of Defective Notice

Lenders should be aware of a recent Bankruptcy Court decision that barred a lender from obtaining certain costs when it did not comply with a notice requirement in a mortgage…more

Consumer Bankruptcy, Mortgages, Notice Requirements, Popular

See All Updates »

Breaking News: Federal Court Halts Implementation of FLSA Overtime Final Rule

The current overtime exemption rule under the Federal Labor Standards Act (FLSA), Section 213(a)(1), exempts from both minimum wage and overtime requirements “any employee employed in a bona fide executive, administrative, or…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See All Updates »

Policing Internet Privacy: FCC’s New Frontier

Unwilling to be left behind by the likes of Google and Facebook, Internet Service Providers are increasingly exploring how they may capitalize on the high-value targeted advertising market. In November 2016, AT&T explained that…more

Advertising, FCC, Information Sharing, Internet Service Providers (ISPs), Online Advertisements

See All Updates »

ACA Liabilities: Workplace Wellness Programs in Crosshairs of EEOC

Employers implementing new voluntary workplace wellness programs that are otherwise compliant with regulations under the Affordable Care Act (ACA) are nevertheless finding themselves in the crosshairs of the Equal Employment…more

ADA, Affordable Care Act, EEOC, Employer Liability Issues, Employer Mandates

See All Updates »

Left At The Altar?: Who Owns The Engagement Ring When Love Goes Wrong?

You’ve found the right partner; you’ve found the right ring; and your fiancee accepted. Now imagine your fiancee unexpectedly breaks off the engagement. You are devastated. Your friends tell you there are plenty of fish in…more

Common Law Claims, Conditional Gifts, Engagement Rings, Oral Contracts, VA Supreme Court

See All Updates »

ACA Liabilities: Workplace Wellness Programs in Crosshairs of EEOC

Employers implementing new voluntary workplace wellness programs that are otherwise compliant with regulations under the Affordable Care Act (ACA) are nevertheless finding themselves in the crosshairs of the Equal Employment…more

ADA, Affordable Care Act, EEOC, Employer Liability Issues, Employer Mandates

See All Updates »

DC Court of Appeals Rules CFPB’s Structure is Unconstitutional

On October 11, 2016, the United States Court of Appeals for the District of Columbia Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) structure is unconstitutional. PHH Corporation v. Consumer Financial…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

See All Updates »

Baby Pics and HIPAA Insanity

Thanks to a recent article in the New York Times on the HIPAA Privacy Rule, I have a new favorite definition of insanity. My old favorite definition is, repeating the same behavior and expecting a different outcome. It is a…more

Compliance, HIPAA, HIPAA Omnibus Rule, Photographs, Popular

See All Updates »

DOJ Launches Task Force Initiative, Targets Long Term Care Providers

The U.S. Department of Justice (DOJ) is assembling 10 regional Elder Justice Task Forces that will target skilled care facilities that provide substandard care to residents. The DOJ’s task forces consist of members from U.S…more

DOJ, Elder Abuse, Elder Issues, Health Care Providers, HHS

See All Updates »

SCOTUS Delivers Opinion in Pregnancy Discrimination Battle

Supreme Court Revives Pregnancy Discrimination Suit But Denies Pregnant Employees “Most-Favored-Nation” Status On March 25, 2015, the Supreme Court revived an employee’s pregnancy discrimination suit against UPS, finding that…more

Disparate Treatment, PDA, Pregnancy Discrimination, Reasonable Accommodation, SCOTUS

See All Updates »

Outsourcing Lessons from an “Uber” Uber-Rider

In July 2015, my 12-year-old SUV, with 220,000 miles, finally breathed its last breath. It was time for me to buy a new car. But, instead, I decided to try a little personal experiment with the “sharing economy.” Based on a…more

Cloud Computing, Lyft, Outsourcing, Risk Management, Sharing Economy

See All Updates »

[Event] The 2016 Accountant Liability Update: Strategies for Success and Risk Avoidance - June 23rd, Waltham, MA

LeClairRyan invites you to join us for a free half-day seminar: The 2016 Accountant Liability Update, Strategies for Success and Risk Avoidance. The stakes could not be higher or more challenging. It is not your father's (or…more

Accountants, Affordable Care Act, Business Development, Cyber Insurance, Cybersecurity

See All Updates »

Drafting and Interpreting Indemnity Agreements: Living Forward, Understanding Backwards

Black’s Law Dictionary defines indemnity as one’s obligation to make good any loss, damage or liability incurred by another to a third party. Typically, this obligation arises within a larger contract, within which the…more

Contract Drafting, Contract Interpretation, Indemnity Agreements

See All Updates »

California Equal Pay a Reality In 2016

California employers, prepare yourselves (again). The State has added a larger arrow to the plaintiff’s quiver – more equal pay. Decades before the Lily Ledbetter Fair Pay Act was implemented, California had a comparable equal…more

Equal Pay, Equal Pay Act, Fair Pay Act, Gender-Based Pay Discrimination, Wage and Hour

See All Updates »

Accountant and Attorney Liability Newsbrief - Fall 2014

In This Issue: - Attorneys’ E-mails to Client’s Independent Contractor May Be Protected by Attorney-Client Privilege - New York Appeals Court Decision Allows Predecessor Counsel to Place Equal Blame on Successor…more

Appeals, Attorney Malpractice, Attorney-Client Privilege, Employer Liability Issues, Professional Liability

See All Updates »

Is a Uniform Federal Data Breach Law Really Necessary?

In June 2015, the United States Office of Personnel Management announced a massive data breach. Estimates are that the breach compromises the personal information of up to 18 million current, former and potential federal…more

Breach Notification Rule, Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach

See All Updates »

Employee Misclassification in the Entertainment Industry

Employee misclassification is one of the leading labor abuses in the country. In fact, in recent years, both the Internal Revenue Service and the U.S. Department of Labor have launched a misclassification initiative to combat…more

DOL, Employer Liability Issues, Entertainment Industry, FLSA, Independent Contractors

See All Updates »

‘Chemical (Over)reaction’?: States Push for Tighter Regulation of Consumer Products

The chemical wars are in full swing. And for consumer products and chemicals manufacturers, victory on the regulatory front is by no means a foregone conclusion. Progressive legislators in states such as California,…more

Chemicals, Legislative Agendas, Manufacturers, Popular, Regulatory Standards

See All Updates »

The 60 Second Construction Journal

You be the judge in this Texas-centric case FACTS: An engineering joint venture contracted with the Dallas Area Rapid Transit (“DART”) to provide design plans and specifications for a light rail line in Dallas, Texas…more

Construction Industry, Contract Disputes, Negligent Misrepresentation, Transportation Industry, TX Supreme Court

See All Updates »

Federal Circuit Narrows Patent Eligibility for CBM Review

In the recently decided Unwired Planet, LLC v. Google, Inc. case, the Federal Circuit significantly narrowed the eligibility standards for covered business method (CBM) patent review. Prior to the decision in Unwired Planet, the…more

Covered Business Method Patents, Google, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

See All Updates »

Foreign Officials, Defamation Claims and the DC anti-SLAPP Statute

First was the lawsuit filed by Yasser Abbas, the son of the Palestinian President, against Foreign Policy Group and one of its reporters, alleging that they defamed him by asking whether he was profiting from his father’s…more

Actual Malice, Anti-SLAPP, Defamation, Federal Rule 12(b)(6), First Amendment

See All Updates »

The Pregnant Pause: Five Takeaways for Employers after SCOTUS Ruling in Young v. UPS

Last week, the United States Supreme Court issued a ruling in Young v. UPS, a closely-watched pregnancy discrimination case filed by a female driver at UPS. The Court held that although employers are not required to give…more

ADA, ADAAA, Corporate Counsel, Disparate Treatment, PDA

See All Updates »

Erin Andrews Jury Sends Hoteliers a $55 Million Reality Check

“Privacy law” continues to evolve in the face of ever-advancing technology. Legislative bodies, administrative agencies, courts, tech companies, and a host of other interests are working to innovate, keep pace with, or catch up…more

Confidential Information, Erin Andrews, Hospitality Industry, Hotels, Online Platforms

See All Updates »

Community Banking Legal Alert

In This Issue: - Banks May Need to Take a Second Look at “Free” Checking Account Promotions - Is Apple Pay in Your Future - Marketing Agreements for Mortgage Services Require Care - Financial…more

Apple Pay, CFPB, Checking Accounts, Community Banks, Disclosure Requirements

See All Updates »

Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

See All Updates »

San Francisco Passes Nation’s First Fully-Paid Parental Leave Law

The mayor of San Francisco recently signed the Paid Parental Leave Ordinance, a law that gives workers in the city the most generous parental leave benefits in the country. Covered employees will have the right to take up to six…more

Local Ordinance, Paid Leave, Parental Leave, San Francisco, Wage and Hour

See All Updates »

Policy Predictions: How will Trump's 100-Day Plan Affect U.S. Energy Industry?

The American landscape is littered with failed prognostications about what new Presidential administrations would or would not ? and could or could not ? accomplish. Every new President faces the challenge of transforming…more

Clean Power Plan, Climate Change, Coal, Coal Industry, Energy Policy

See All Updates »

New, Clarified FAA Rules Benefit both Makers and Users of Small ‘Drones'

Newly proposed rules on the use of small, unmanned drones could bring peace of mind to farmers, researchers, real estate agents, government agencies and others who have worried they might be breaking the law by flying…more

Airspace, Commercial Use, Drones, Federal Aviation Administration (FAA), Licensing Rules

See All Updates »

The LGBT Question the EEOC is Putting to the Test

Does Title VII Cover Sexual Orientation Discrimination? The EEOC is getting serious about sexual orientation discrimination: in the two lawsuits filed earlier this month, the EEOC argues—for the first time in court—that…more

Civil Rights Act, EEOC, Employer Liability Issues, Gender Discrimination, LGBT

See All Updates »

Private Bankrolling of Defamation and Privacy Suits

The New York Times recently reported that famed Silicon Valley investor and PayPal co-founder Peter Thiel has been secretly bankrolling “Hulk Hogan’s” (real name Terry Bollea) invasion of privacy suit against Gawker Media. The…more

Celebrities, Defamation, First Amendment, Free Speech, Gawker

See All Updates »

Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

See All Updates »

Accountant and Attorney Liability Newsbrief - Spring 2016

Parties Cannot Alter by Contract the Scope or Grounds of Judicial Review of an Arbitration Award - LeClairRyan shareholders Warren Hutchison and Nancy Reimer scored an impressive victory this spring when the Massachusetts…more

Arbitration Awards, Assignments, Bankruptcy Court, CFPB, Class Action

See All Updates »

Accountant and Attorney Liability Newsbrief - Fall 2016

Massachusetts recently amended its pay equity statute, which substantially enforces the protections of the Massachusetts Equal Pay Act. These changes will go into effect in July 2018. The prohibitions against discriminating on…more

Accountant Malpractice, Attorney's Fees, Authors, Bankruptcy Code, Breach of Duty

See All Updates »

It's Unanimous: Recent NLRB Appointments Ruled Unconstitutional

In a unanimous opinion released on June 25, 2014 the United States Supreme Court held in NLRB v. Noel Canning et al. that President Obama's recess appointments to the National Labor Relations Board (NLRB) in January 2012 were an…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

See All Updates »

Site Development: Do It Right Or Pay The Price

From everything I have seen, heard, and experienced, the rush to upgrade sites to deliver faster download speeds and keep up with data demands is not unlike the old market launch days. There is a lot of pressure, some friendly…more

Wireless Industry, Wireless Technology

See All Updates »

So a Woman and a Kangaroo Walk into A Bar

On this blog we’ve explored the laws related to service animals and how the ADA’s regulations extend their use far past traditional notions of “seeing eye dogs.” In Wisconsin (admit it, you assumed this blog post was going to…more

ADA, Compliance, Policies and Procedures, Service Animals

See All Updates »

Responsibility Shifting for Cyber Attacks?

When a company’s protected data is compromised, potential litigants generally look to the company itself as the target for damages claims. The list of recent cases filed against the company suffering the data breach is long and,…more

Cyber Attacks, Data Breach, Gross Negligence

See All Updates »

NDAs Are Easy As MSVEPNFTL

Nondisclosure agreements (NDAs) are generally straightforward documents and follow a consistent format. People often pull a form off the internet, fill in the blanks and send it off to the other side. Likewise, recipients of…more

Non-Disclosure Agreement, Startups, Trade Secrets

See All Updates »

Impact of FTC's Broadened Scope Creeping In On Your E-Business

For retailers who have eBusiness lines, the Federal Trade Commission’s (“FTC”) new regulations will affect the way you do business. The amendments in 16 C.F.R. §435 went into effect December 8, 2014. Has your business made the…more

Debit and Credit Card Transactions, E-Commerce, FTC, Internet Retailers, New Regulations

See All Updates »

Accountant and Attorney Liability Newsbrief - Fall 2016

Massachusetts recently amended its pay equity statute, which substantially enforces the protections of the Massachusetts Equal Pay Act. These changes will go into effect in July 2018. The prohibitions against discriminating on…more

Accountant Malpractice, Attorney's Fees, Authors, Bankruptcy Code, Breach of Duty

See All Updates »

The Customer Can’t Always Be Right

Imagine this scenario: You’ve worked hard to build a profitable business and you’ve done it the right way. You’ve taken every step to control the things you can control about every aspect of your company. You’ve got handbook…more

Civil Rights Act, Discrimination, Employment Discrimination, Equal Protection, LGBT

See All Updates »

Policy Predictions: How will Trump's 100-Day Plan Affect U.S. Energy Industry?

The American landscape is littered with failed prognostications about what new Presidential administrations would or would not ? and could or could not ? accomplish. Every new President faces the challenge of transforming…more

Clean Power Plan, Climate Change, Coal, Coal Industry, Energy Policy

See All Updates »

CISA Gives Leeway in Network Monitoring, But Not Without Risk

As we wrote last week, The Cybersecurity Act of 2015 – better known to some as the Cybersecurity Information Sharing Act of 2015 – was signed into law in December 2015. Privacy advocates had decried CISA in its original form as…more

Cyber Threats, Cybersecurity Information Sharing Act (CISA), Data Collection, New Legislation, Privacy Laws

See All Updates »

Policy Predictions: How will Trump's 100-Day Plan Affect U.S. Energy Industry?

The American landscape is littered with failed prognostications about what new Presidential administrations would or would not ? and could or could not ? accomplish. Every new President faces the challenge of transforming…more

Clean Power Plan, Climate Change, Coal, Coal Industry, Energy Policy

See All Updates »

The New SBA Addendum

Effective January 1, 2017, any franchisor that wants to offer SBA guaranteed financing for its franchisees will use a single, two-page form addendum. In a notice issued just before Thanksgiving, the SBA announced that it will…more

Addendums, Franchise Agreements, Franchises, International Franchise Association (IFA), Loans

See All Updates »

The Cost of a Data Breach

In 2014, the Ponemon Institute published the 2014 Cost of Data Breach Study that includes interesting cost information related to remediation efforts undertaken by 61 companies that operate in the United States…more

Cost-Containment, Data Breach, Information Reports

See All Updates »

Navigating the Slippery Floor

Slip and fall claims are not limited to guests and customers. If you are an employee, and your employer is a non-subscriber of workers compensation coverage in Texas, a slip and fall used to mean big bucks. Maybe not anymore…more

Employer Liability Issues, Insurance Industry, Negligence, Nonsubscribers, Slip and Fall

See All Updates »

Employer Obligations After a Work Accident

Surprisingly, many employers do not know of this requirement. The Virginia Workers’ Compensation Act provides that employers shall provide injured employees with a panel of physicians from which to select a treating physician…more

Workplace Injury

See All Updates »

Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

See All Updates »

Benefits of Physician Disclosure To Patients of Medical Errors

No matter how dedicated a physician is to her medical practice, or how careful she is to avoid treatment errors when providing care to her patients, nonetheless mistakes cannot be entirely avoided…more

Healthcare, Physicians, Professional Liability, Voluntary Disclosure

See All Updates »

[Event] The 2016 Accountant Liability Update: Strategies for Success and Risk Avoidance - June 23rd, Waltham, MA

LeClairRyan invites you to join us for a free half-day seminar: The 2016 Accountant Liability Update, Strategies for Success and Risk Avoidance. The stakes could not be higher or more challenging. It is not your father's (or…more

Accountants, Affordable Care Act, Business Development, Cyber Insurance, Cybersecurity

See All Updates »

[Event] 2016 Long Term Care Legal Update: Insights and Best Practices for Risk Mitigation in Employment and Litigation Claims - November 4th, Roanoke, VA

Please join LeClairRyan at Charter Hall in Roanoke's Market Building for a complimentary midday presentation (lunch served) on strategies to combat today's legal concerns. Our attorneys will share insights to help you manage…more

Continuing Legal Education, Defense Strategies, Disciplinary Proceedings, Electronic Medical Records, Events

See All Updates »

Policy Predictions: How will Trump's 100-Day Plan Affect U.S. Energy Industry?

The American landscape is littered with failed prognostications about what new Presidential administrations would or would not ? and could or could not ? accomplish. Every new President faces the challenge of transforming…more

Clean Power Plan, Climate Change, Coal, Coal Industry, Energy Policy

See All Updates »

Tips For Successful Succession Planning

“Give me six hours to chop down a tree and I will spend the first four sharpening the axe.” ? Abraham Lincoln - Your company is built to last. But when you are ready to step back and let go of the reins, will the next…more

Closely Held Businesses, Corporate Counsel, Family Businesses, Popular, Small Business

See All Updates »

[Webinar] The New Overtime Rules Effective in December: Are You Ready? - September 22nd, 12:30pm EDT

Beginning December 1, 2016, many exempt employees may no longer be exempt. This is because the U.S. Department of Labor’s (DOL) updated regulations double the minimum weekly salary threshold required for employee positions to be…more

Bonuses, DOL, Employee Handbooks, Exempt-Employees, FLSA

See All Updates »

Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

See All Updates »

The Groundswell for Paid Sick Leave

One of the biggest challenges facing employers today is how to ensure compliance in the perennially evolving field of employee benefits. In that vein, employers in certain states and localities across the country must now gear…more

Corporate Counsel, Employment Policies, FMLA, Healthy Workplaces Healthy Families Act 2014, Independent Contractors

See All Updates »

Virginia ABC Relaxes Wineries’ Use of Tasting, Retail Sales Areas

In a just-published Circular Letter (16-02), the Virginia Department of Alcoholic Beverage Control (ABC) announced that wineries, farm wineries and breweries may now use areas approved for retail sales and tastings for holding…more

Breweries, Events, Hospitality Industry, Retail Market, Wine & Alcohol

See All Updates »

DC Court of Appeals Rules CFPB’s Structure is Unconstitutional

On October 11, 2016, the United States Court of Appeals for the District of Columbia Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) structure is unconstitutional. PHH Corporation v. Consumer Financial…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

See All Updates »

Policy Predictions: How will Trump's 100-Day Plan Affect U.S. Energy Industry?

The American landscape is littered with failed prognostications about what new Presidential administrations would or would not ? and could or could not ? accomplish. Every new President faces the challenge of transforming…more

Clean Power Plan, Climate Change, Coal, Coal Industry, Energy Policy

See All Updates »

[Webinar] Construction Project Pre-planning: Silos of Agreements for Design and Construction - June 8th, 12:30pm EDT

Breaking ground is always an exciting proposition for any healthcare entity – but the documents that set it in motion can be crucial to achieving success with your team of design professionals, program managers, construction…more

Health Care Providers, Hospitals, Webinars

See All Updates »

A Recipe for Burrito Disaster: Twitter and the NLRA

In Havertown, Pennsylvania, Chipotle recently had some negative publicity and, for once, E. coli was not the culprit. Instead, James Kennedy, a 38-year-old war veteran, was terminated from Chipotle, after criticizing the company…more

Chipotle Grill, Corporate Counsel, Hiring & Firing, NLRA, NLRB

See All Updates »

Six “Simple” Steps to Private Practice

In an age when doctors are running for the hills away from private practice, a great friend of mine, Dr. Yohan Park, is a successful, young pediatrician who is running a busy and lucrative private, solo pediatric practice in an…more

Business Development, Physicians

See All Updates »

Phishing Scam Hooks South Carolina Department Of Revenue

Last November, South Carolina’s Department of Revenue was hit with what some commentators say was one of the worst cyberattacks against a state government in U.S. history. This cyberattack led to 3.8 million tax returns, social…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Phishing Scams

See All Updates »

Top Four Estate Disputes from 2016

With the end of 2016 upon us, now is a fitting time to look back at some of the top estate disputes from this past year. 2016 was a typical year in that, unsurprisingly, people continued to die and families continued to fight…more

Celebrities, Estate Planning, Heirs, Music Industry, Personal Property

See All Updates »

Accountant and Attorney Liability Newsbrief - Winter 2015

In This Issue: - The Affordable Care Act and CPAs: It Takes a Village - U.S. District Court for District of Massachusetts Holds Testator’s Attorney Can Be Held Liable to A Beneficiary - New Jersey Tightens…more

Affordable Care Act, Arbitration, Beneficiaries, Examination Priorities, FINRA

See All Updates »

Federal Circuit Narrows Patent Eligibility for CBM Review

In the recently decided Unwired Planet, LLC v. Google, Inc. case, the Federal Circuit significantly narrowed the eligibility standards for covered business method (CBM) patent review. Prior to the decision in Unwired Planet, the…more

Covered Business Method Patents, Google, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

See All Updates »

What May the Future Hold for the CFPB under Trump?

The last couple of months have been difficult for the Consumer Financial Protection Bureau (CFPB). On October 11, 2016, the United States Court of Appeals for the D.C. Circuit ruled that the structure of the CFPB was…more

Administrative Proceedings, CFPB, Constitutional Challenges, Dodd-Frank, PHH Corp. v CFPB

See All Updates »

Accountant and Attorney Liability Newsbrief - Spring 2016

Parties Cannot Alter by Contract the Scope or Grounds of Judicial Review of an Arbitration Award - LeClairRyan shareholders Warren Hutchison and Nancy Reimer scored an impressive victory this spring when the Massachusetts…more

Arbitration Awards, Assignments, Bankruptcy Court, CFPB, Class Action

See All Updates »

Till Death Do Us Part. . . or at Least Until the Divorce Becomes Final

When important changes occur in life, it is advisable to reevaluate your estate planning to ensure it continues to meet the goals and objectives you have for your estate and your beneficiaries – and going through a divorce is no…more

Beneficiaries, Divorce, Estate Planning, Separation, Wills

See All Updates »

Clearing Up Confusion Over the Modified HIPAA Privacy Rule

The Department of Health and Human Services issued a final rule under the Health Insurance Portability and Accountability Act of 1996, which will go into effect on February 5, 2016. HHS published the final rule in tandem with…more

Disclosure Requirements, Executive Orders, Firearms, Gun Laws, Health Care Providers

See All Updates »

Accountant and Attorney Liability Newsbrief - Fall 2016

Massachusetts recently amended its pay equity statute, which substantially enforces the protections of the Massachusetts Equal Pay Act. These changes will go into effect in July 2018. The prohibitions against discriminating on…more

Accountant Malpractice, Attorney's Fees, Authors, Bankruptcy Code, Breach of Duty

See All Updates »

A Radical Expansion of Joint Employer Liability

The National Labor Relations Board recently announced a significant change in the standard under which companies may be deemed "joint employers." Absent intervening action by the courts or Congress, the Board's decision in…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Compliance, DOL, Franchisee

See All Updates »

[Event] The 2016 Accountant Liability Update: Strategies for Success and Risk Avoidance - June 23rd, Waltham, MA

LeClairRyan invites you to join us for a free half-day seminar: The 2016 Accountant Liability Update, Strategies for Success and Risk Avoidance. The stakes could not be higher or more challenging. It is not your father's (or…more

Accountants, Affordable Care Act, Business Development, Cyber Insurance, Cybersecurity

See All Updates »

The C-Suite’s Perspective on Cybersecurity and Liability

Recently, IBM surveyed more than 700 C-Suite executives in 18 industries and 28 countries about their views on cybersecurity. Ninety-four percent of those interviewed believe that their respective companies will experience a…more

C-Suite Executives, Corporate Culture, Cyber Crimes, Cybersecurity, Data Protection

See All Updates »

Implied False Certification Theory Expands FCA Claims

In an interesting and significant case, Universal Health Services, Inc. v. United States ex rel. Escobar1, the United States Supreme Court was presented with the question of whether companies could be held liable for False…more

Corporate Counsel, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Health Care Providers

See All Updates »

The 60-Second Construction Journal

The law contains many pitfalls for contractors. Important contractual rights and remedies can be lost, hard-won statutory protections waived, and serious liabilities incurred – all through ignorance of the law. This newsletter…more

Contractors, Federal Contractors, General Contractors, Subcontractors, Subcontracts

See All Updates »

Broadest Reasonable Interpretations for Inter Partes Review Proceedings Affirmed

The U.S. Court of Appeals for the Federal Circuit recently issued the first decision in an appeal of a final decision of the Patent Trial and Appeal Board (the "Board") under the America Invents Act ("AIA"). In the 2-1 decision…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction, Cuozzo Speed Technologies

See All Updates »

Contact

Riverfront Plaza, East Tower
951 East Byrd Street, Eighth Floor
Richmond, VA 23219, United States

  • 804.783.2003
  • 804.783.2294

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • Connecticut
  • D.C.
  • Georgia
  • Maryland
  • Massachusetts
  • Michigan
  • Nevada
  • New Jersey
  • New York
  • Pennsylvania
  • Texas
  • Virginia
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×