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

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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

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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

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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

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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

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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

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ACA Update: Two-Year Cadillac Tax Delay, More Changes Pass in Congress

In a rare display of bipartisan cooperation, Congress recently passed major spending and tax bills, that, among other things, amended the Affordable Care Act’s (“ACA”) so-called Cadillac Tax by delaying its implementation for…more

Affordable Care Act, Cadillac Tax, Excise Tax, Health Insurance, Tax Credits

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Final Rule Increases Salary Thresholds for FLSA Overtime Exemption

More than two years after announcing their intent to expand overtime for U.S. workers – and 270,000 public comments later – President Obama and Secretary of Labor Perez announced today the issuance of the U.S. Department of…more

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

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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

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Recognizing the Role and Importance of the CISO

In July of this year, we reported on the Cybersecurity Assessment Tool published by the Federal Financial Institutions Examination Council. The FFIEC is an interagency organization that establishes the examination standards for…more

CISO, Financial Institutions, Industry Examinations, Information Governance, Information Technology

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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

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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

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Final Rule Increases Salary Thresholds for FLSA Overtime Exemption

More than two years after announcing their intent to expand overtime for U.S. workers – and 270,000 public comments later – President Obama and Secretary of Labor Perez announced today the issuance of the U.S. Department of…more

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

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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

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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

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The Internet of Things and the FTC – Don’t Be the Test Case

Kevin Ashton, an expert on digital innovation, stated 15 years ago that, “If we had computers that knew everything there was to know about things—using data they gathered without any help from us—we would be able to track and…more

Data Protection, FTC, Information Reports, Internet of Things, Popular

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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

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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

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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

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‘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

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Takeaways for Employers on the Hillary E-mail Debacle

5 Reasons Employers Should Prohibit Employees From Using Personal Email Accounts - Recently, a political firestorm has erupted as news stories revealed that Former Secretary of State (and likely Presidential Candidate) Hillary…more

Best Management Practices, Corporate Counsel, Email, Email Policies, Employment Policies

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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

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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

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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

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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

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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

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[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

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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

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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

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"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

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The Cybersecurity Information Sharing Act of 2015

On December 18, 2015, President Barack Obama signed the much reported omnibus spending bill, which keeps the government running for another year. The controversial Cybersecurity Information Sharing Act of 2015 (“CISA”) was…more

Cyber Threats, Cybersecurity Information Sharing Act (CISA), Data Breach, DHS, New Legislation

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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

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‘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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Mixed Messages on LGBT Protections

NYC Guidelines Strengthen Transgender Protections in Employment; NC Law Eliminates Local LGBT Protections Altogether.  Confused, Anyone? I don’t envy employers these days. It ain’t easy staying on top of all of the…more

Discrimination, EEOC, Employer Liability Issues, Gender Discrimination, Gender Identity

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Apple’s DOJ Battle Sratches the Surface of Encryption Debate

By now you are likely aware of Apple’s ongoing battle with the Justice Department over the scope of the All Writs Act and its resistance of a federal court’s order compelling Apple to create special software that would unlock…more

All Writs Act, Apple, DOJ, Encryption, Facebook

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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

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Guardianships for Disabled Young Adults

Consider a common situation: Mom and Dad care for their severely disabled child, who is quickly approaching 18 years of age. Let’s call this hypothetical soon-to-be adult Jane. Jane has suffered from severe autism her whole…more

Adult Children, Disabled Children, Guardians, Power of Attorney

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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

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CFPB Proposes Ban on Class Action Waiver Provisions in Arbitration Agreements

On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) announced proposed regulations that would prohibit financial service providers from using arbitration clauses that prevent consumers from bringing class action…more

Arbitration, Arbitration Agreements, CFPB, Class Action, Class Action Arbitration Waivers

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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

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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

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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

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Rethinking the “Standard” Arbitration Clause in Cloud Agreements

Twenty or so years ago, arbitration began to gain wide acceptance among lawyers as a viable alternative for the effective resolution of civil disputes. Clients were beginning to view “alternative dispute resolution” (ADR) as…more

American Arbitration Association, Arbitration, Arbitration Agreements, Cloud Computing, Consumer Contracts

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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

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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

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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

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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

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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

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‘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

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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

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Federal Circuit Expands Scope of Functional Claiming

A recent Federal Circuit panel decision in Williamson v. Citrix Online, LLC altered the evidentiary standard for determining whether a patent claim employs means-plus-function language. Specifically, the court expressly…more

Claim Construction, Means-Plus-Function, Patent Litigation, Patents

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Convicted Felon’s Defamation Suit Triggers Multiple Anti-SLAPP Motions

In late March, David Pitts filed suit against two local television stations (Channels 4 and 7), their parent companies, and Patch Media, which runs hyperlocal websites. According to the Superior Court Complaint, Pitts was…more

Anti-SLAPP, Criminal Prosecution, Defamation, Dismissal With Prejudice, First Amendment

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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

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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

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Comunity 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

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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

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New Rule for Overtime Pay Coming Later in 2016

Employers anxious to learn what exactly will be required of them under new overtime rules will need to wait a bit longer to learn what exactly those rules will require, according to a U.S. Department of Labor statement last…more

DOL, FLSA, Unpaid Overtime, Wage and Hour, White-Collar Exemptions

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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

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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

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Rand Paul And The Expiration Of The Patriot Act

During the last weekend in May, Kentucky Senator Rand Paul did something that is not easy to do – he managed to anger most Republicans and Democrats, the Senate Majority Leader (who is also the senior senator from Kentucky), and…more

Data Collection, Edward Snowden, FBI, Metadata, NSA

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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

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Federal FCPA Pilot Program Encourages Self-Disclosure and Cooperation

“Voluntary self-disclosure of criminality,” “full cooperation” and “timely and appropriate remediation” in connection with violations of the Foreign Corrupt Practices Act (FCPA) are the main ingredients in the recipe for…more

Cooperation, DOJ, FCPA, Federal Pilot Programs, Federal Sentencing Guidelines

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Shepherding Solar’s Future: Economic sustainability is the key to ‘smart growth’

The buzz about solar keeps on growing thanks to a steady stream of media reports about the industry’s growth potential. The latest examples, to name just a few, include Duke Energy's $500 million solar expansion; solar on…more

Energy Projects, Energy Sector, Renewable Energy, Solar Energy

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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

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New Tool to Protect Franchisors’ Trade Secrets

On May 11, 2016, President Obama signed into law the Defending Trade Secrets Act of 2016 (the Act). The Act amends the Economic Espionage Act of 1996 (EEA) to create a federal private right of action for the misappropriation of…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte, Franchise Agreements

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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

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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

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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

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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

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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

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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

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In Defense of Nursing Homes

I read with great concern The Roanoke Times’ Dec. 7 article by Laurence Hammack (“Nursing home’s trouble lingers”) about nursing homes and found it incomplete, at best, and misleading…more

Healthcare, Nursing Homes

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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

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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

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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

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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

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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

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CFPB Proposes Ban on Class Action Waiver Provisions in Arbitration Agreements

On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) announced proposed regulations that would prohibit financial service providers from using arbitration clauses that prevent consumers from bringing class action…more

Arbitration, Arbitration Agreements, CFPB, Class Action, Class Action Arbitration Waivers

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[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

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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

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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

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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

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Misconduct Remedies Against an Agent Under a Power of Attorney

In a prior blog post, I discussed the duties of an agent under a power of attorney. In this blog post, I discuss the remedies that people have against an agent under a power of attorney when the agent commits misconduct…more

Beneficiaries, Breach of Duty, Estate Planning, Power of Attorney, Professional Misconduct

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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

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Federal Circuit Expands Scope of Functional Claiming

A recent Federal Circuit panel decision in Williamson v. Citrix Online, LLC altered the evidentiary standard for determining whether a patent claim employs means-plus-function language. Specifically, the court expressly…more

Claim Construction, Means-Plus-Function, Patent Litigation, Patents

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CFPB Proposes Ban on Class Action Waiver Provisions in Arbitration Agreements

On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) announced proposed regulations that would prohibit financial service providers from using arbitration clauses that prevent consumers from bringing class action…more

Arbitration, Arbitration Agreements, CFPB, Class Action, Class Action Arbitration Waivers

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Federal FCPA Pilot Program Encourages Self-Disclosure and Cooperation

“Voluntary self-disclosure of criminality,” “full cooperation” and “timely and appropriate remediation” in connection with violations of the Foreign Corrupt Practices Act (FCPA) are the main ingredients in the recipe for…more

Cooperation, DOJ, FCPA, Federal Pilot Programs, Federal Sentencing Guidelines

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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

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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

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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

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Bitcoin and the Changing Legal Landscape

If your business is contemplating doing something with digital currencies (meaning virtual currencies, like Bitcoin, Ripple, Ethereum, etc.), you need a plan. First, consider how and where your business will use digital…more

Bitcoin, Corporate Counsel, Cryptocurrency, Cybersecurity, Digital Currency

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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

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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

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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.

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