Thompson Coburn LLP

Bullying in the Workplace: L&E Case Study

Bullying has been a recent focal point in the media, especially in the context of school bullying. Although not as pervasive, bullying also extends to the workplace. This webinar will identify and define bullying, examine its…more

Bullying, Employment Policies, Workplace Bullying

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, Federal Aviation Administration (FAA), Hazardous Substances, Shipping

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2nd Circuit case highlights complexities of ballast water regs

Effective control of ship-borne, nonindigenous organisms has proved to be a major challenge to the maritime industry, international maritime organizations, national and local governments, environmental organizations, and, most…more

Ballast Water Management, Clean Water Act, EPA, Exemptions, Maritime Transport

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Protecting the Identity of Your LLC Members & LP Partners in Litigation, Part II: Strategies for Discovery

You want to protect the identity of your business’ owners, but your opponent issued discovery requesting a copy of your organizational chart and/or information on the identities of your LLC members or LP partners. You are…more

Business Ownership, Confidential Information, Discovery, Federal Rules of Civil Procedure, Litigation Strategies

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Senate committee examines unmanned aircraft system safety, privacy concerns

The Senate Appropriations Subcommittee on Transportation, Housing, and Urban Development and related agencies held an Oct. 28, 2015 hearing on “Integrating Unmanned Aircraft Systems (UAS) into the National Airspace System (NAS)”…more

Airspace, Congressional Committees, Congressional Investigations & Hearings, Department of Transportation (DOT), Drones

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TC's inside IP - Summer 2013: Supreme Court Establishes International Copyright Exhaustion - But What About Patents?

In a much anticipated case, the U.S. Supreme Court ruled on March 19, 2013 in Kirtsaeng v. John Wiley & Sons that the “first sale” or “exhaustion” doctrine of U.S. Copyright law, which allows resale of copyrighted materials,…more

Certiorari, Copyright, First Sale Doctrine, ITC, Kirtsaeng v. John Wiley & Sons

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Reinstatement of a LIHTC LURA following foreclosure

Note: This post is the final part of a continuing series on the Credit Report Blog on the subject of workouts and bankruptcies involving low-income housing tax credit (LIHTC) projects…more

Affordable Housing, Construction Industry, Construction Project, Contractors, Lenders

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, Federal Aviation Administration (FAA), Hazardous Substances, Shipping

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Waiting to Exhale: Cannabis industry breathes sigh of relief over extension of Rohrabacher-Farr Amendment

With the recent signing of the Consolidated Appropriations Act of 2016 (H.R. 2029), President Obama extended a provision through September 2016 that restricts the federal government from interfering with states’ rights to enact…more

Consolidated Appropriations Act, Controlled Substances Act, DOJ, Marijuana Related Businesses, Medical Marijuana

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Senate committee examines unmanned aircraft system safety, privacy concerns

The Senate Appropriations Subcommittee on Transportation, Housing, and Urban Development and related agencies held an Oct. 28, 2015 hearing on “Integrating Unmanned Aircraft Systems (UAS) into the National Airspace System (NAS)”…more

Airspace, Congressional Committees, Congressional Investigations & Hearings, Department of Transportation (DOT), Drones

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Charities and nonprofits: Don't roll the dice with gambling laws

Are you involved with a charity or nonprofit that raises money by selling raffle tickets or holds poker tournaments or casino nights to fund operations? Although your charity or nonprofit may be using the proceeds to fund…more

Charitable Organizations, Fundraisers, Gambling, Non-Profits

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Chicago City Council approves changes to Transit Oriented Development

The City of Chicago City Council voted on Thursday, Sept. 25 to approve a revised Transit Oriented Development (TOD) ordinance. The revised TOD ordinance expands the boundaries of eligible properties and allows the elimination…more

Affordable Housing, Building Height Regulations, City Councils, City of Chicago, Density Bonus

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Top Region 7 attorney details EPA’s biggest enforcement, compliance priorities

The Environmental Protection Agency (EPA) took a major budget cut last year and is facing the same this year. But the agency is using creative settlement agreements, community projects, and some new high-tech tools to continue…more

Compliance, Enforcement, Environmental Policies, EPA, NAAQS

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TC's inside IP - Winter 2013: The AIA: Reviewing the First Year of Inter Partes Review

September 16, 2013, marked the one-year anniversary of the implementation of the America Invents Act, and with it, the introduction of an important tool for challenging the validity of an issued patent at the U.S. Patent and…more

America Invents Act, Claim Construction, First-to-File, First-to-Invent, Inter Partes Review Proceedings

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Is immigrant investment right for your project?

What do Marriott, Hilton Worldwide, Hyatt, Starwood Hotels & Resorts, American Life Insurance Company and Jay Peak Ski Resort know that you don’t know? They have discovered a way to access substantial amounts of equity financing…more

EB-5, Foreign Investment, Immigrant Investment Visas, Investors, Land Developers

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Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's Center…more

Clapper v. Amnesty International, Class Action, Cyber Attacks, Cyber Insurance, Data Breach

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Crowdfunding for Real Estate - Buyer Beware

Much has been made in the press lately about online crowdfunding websites that allow people to contribute money to fund business start-ups in exchange for rewards such as a copy of the finished work, a special invite to a movie…more

Capital Raising, Commercial Real Estate Market, Crowdfunding, Fees, Internet

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2013 AAPA Port Administration and Legal Issues Seminar - Update on the Rotterdam Rules

In This Presentation: Update on the Rotterdam Rules. Excerpt from Update on the Rotterdam Rules - What is it? ..The Rotterdam Rules is a new draft multilateral Convention to update the liability rules…more

New Regulations, Ocean Transportation System, Shipping, Waterborne Freight Transportation

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[Webinar] Arbitration and Other Forms of ADR - Oct. 20th, 12:00pm CDT

In the general course of commercial real estate, conflicts will be resolved, one way or another. Is litigation the only solution? No, the parties to the dispute do have other options: arbitration and other forms of alternative…more

Arbitration, Commercial Real Estate Contracts, Mediation, Webinars

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Crowdfunding for Real Estate - Buyer Beware

Much has been made in the press lately about online crowdfunding websites that allow people to contribute money to fund business start-ups in exchange for rewards such as a copy of the finished work, a special invite to a movie…more

Capital Raising, Commercial Real Estate Market, Crowdfunding, Fees, Internet

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End Users of Swaps: Deadline Extended for Swap Documentation to Comply with New Federal Requirements

Federal authorities have extended the deadline imposed on swap dealers and major swap participants to amend swap documentation to comply with certain new legal requirements imposed by the Dodd-Frank Act. The deadline for…more

CFTC, Compliance, Dodd-Frank, End-Users, ISDA

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[Webinar] Dealing with Financially Troubled Customers Outside and Inside of Bankruptcy - Sept.16, 12:00pm CDT

This presentation is designed to provide business professionals involved in supplying goods and/or services on credit with the latest and most effective strategies for dealing with customers experiencing financial difficulty…more

Commercial Bankruptcy, Creditors, Debtor-Creditor, Suppliers, Webinars

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Mortgage buyer’s thin paper trail sufficient to avoid summary judgment in borrowers’ favor

Disastrous results can befall a financial institution that buys a mortgage loan but does not obtain or keep adequate documentation related to the purchase. Yet over the past several years, many mortgages have exchanged hands…more

Banks, Borrowers, Debt Buyers, Mortgages, Summary Judgment

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Investing in cannabis? Industry presents unique considerations

The cannabis industry is estimated to generate $3 billion in revenue this year, with annual sales projected to increase to $8 billion by 2018. As of early November 2015, 23 states (and the District of Columbia and Guam) permit…more

Capital Raising, Dispensaries, Investment, Marijuana Related Businesses, Medical Marijuana

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P3s: Managing Risks and Rewards

Overview - Successful P3s—Public-Private Partnerships—can be blessings for state and local governments searching for new ways to finance many types of critical “infrastructure”—roads, schools, prisons, and more—and control…more

Construction Contracts, Cost Allocation, Design-Build, Government Contractors, Infrastructure

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New Changes to U.S. Design Patent Law

American-based companies seeking protection for industrial designs will soon be encountering significant changes. On May 13, 2015, the United States will become a contracting party to the Geneva Act of the Hague Agreement…more

Design Patent, Hague Agreement, Industrial Design, Patents, WIPO

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Missouri Employers Take Note: Don’t Wait to Challenge the Timeliness of a Charge Under the Missouri Human Rights Act

The Missouri Supreme Court’s August 27, 2013, decision in Farrow v. Saint Francis Medical Center provided a stunning result in a case presenting a common fact pattern. Farrow filed a charge of discrimination more than 180 days…more

Civil Rights Act, Claim Procedures, Discrimination, EEOC, Human Rights

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Patients poised to record doctor's visits?

The question of whether patients should be permitted to record interactions with their doctors, and when and how it is best to do so, has become a highly contentious issue to navigate in today’s increasingly complex medical…more

Health Care Providers, Hospitals, Mobile Devices

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Is your institution of higher education covered by HIPAA?

It comes as no surprise that virtually every postsecondary administrator is familiar with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). After all, FERPA, the primary federal law that…more

Colleges, Covered Entities, Department of Education, FERPA, HIPAA

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Refashioning IP Asset Protection Strategies for Biotechnology and BioPharma Clients in View of the New Legal Realities of Subject Matter Eligibility

In the 1970s, the biotechnology industry was in its infancy. Many academic researchers were developing faster, more efficient ways to clone and characterize gene products of interest, and companies arose to provide practical…more

Biopharmaceutical, Biotechnology, Patent-Eligible Subject Matter, Patents, Pharmaceutical Industry

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Insurance Holding Company Laws: What providers need to know as they dive into insurance market waters

As providers continue to develop innovative ways to deliver coordinated care while controlling costs, many are looking to develop their own managed care plans or purchase an existing plan as part of these new care models. When…more

Health Care Providers, Insurance Holding Company, Insurance Industry, Managed Care Contracts

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Major Update to Bankruptcy Forms Effective December 1, 2015

On December 1, 2015, the Official Forms for use in bankruptcy courts will be updated. The changes were made as part of a forms modernization effort. Almost all of the Official Forms are being updated, including the bankruptcy…more

Bankruptcy Court, Forms, Mortgages, Proof of Claims, Reporting Requirements

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Staffing agency workers and ACA offers of coverage

The final regulations on the Affordable Care Act’s (ACA) “pay or play” rules were released on Feb. 10, 2014. Under the rules, there are potential penalties imposed on large employers that do not offer substantially all full-time…more

Affordable Care Act, Full-Time Employees, IRS, Large Employer, Minimum Essential Coverage

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Comprehensive Care for Joint Replacement: CMS adopts mandatory approach to payment reform

On July 9, 2015, the Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule that seeks to implement a mandatory episode-based payment model for lower extremity joint replacement (and reattachment) care in…more

Alternative Payment Models (APM), Anti-Kickback Statute, BPCI, CCJR, CMS

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Plaintiffs Use Catalyst Theory to Win Attorneys’ Fees After Ford Class Action Mooted By Recall

On November 2, 2015, a group of plaintiffs won a motion for attorneys’ fees against Ford Motor Company, even though Ford’s voluntary recall of vehicles mooted the plaintiffs’ lawsuit. In MacDonald v. Ford Motor Company, the U.S…more

Attorney's Fees, Automobile Recall, Automotive Industry, CLRA, Ford Motor

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$125k HIPAA settlement for small, single-location pharmacy

A settlement announced this week by the Department of Health and Human Services, Office for Civil Rights (“OCR”) reminds us of the importance of properly disposing of paper medical records. OCR and Cornell Prescription Pharmacy…more

HIPAA, Medical Records, OCR, Pharmaceutical Industry, Pharmacies

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Five things you should know before creating a contest

As most readers of this blog know, a contest is quite different than a sweepstakes. Sweepstakes are games of chance. The winners are selected at random and don’t have to have any particular knowledge or skill – just good luck…more

Consideration, Contests & Promotions, Illegal Gambling, Sweepstakes

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Missouri court rules jury waiver applies here, there, and everywhere

What happens when one loan document contains a jury waiver but another doesn’t? For the lender, all may not be lost. That was another important holding from the Missouri Court of Appeals Western District in Midland…more

Jury Trial, Loans, Waivers

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Plaintiffs Use Catalyst Theory to Win Attorneys’ Fees After Ford Class Action Mooted By Recall

On November 2, 2015, a group of plaintiffs won a motion for attorneys’ fees against Ford Motor Company, even though Ford’s voluntary recall of vehicles mooted the plaintiffs’ lawsuit. In MacDonald v. Ford Motor Company, the U.S…more

Attorney's Fees, Automobile Recall, Automotive Industry, CLRA, Ford Motor

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DOL Proposed Rules Limit Overtime Exemptions

Last week, the United States Department of Labor issued its long-awaited proposed rules to broaden entitlement to overtime pay and restrict the “white collar” exemptions by increasing the minimum salary thresholds for overtime…more

DOL, Exempt-Employees, Minimum Salary, Non-Exempt Employees, Over-Time

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Senate committee examines unmanned aircraft system safety, privacy concerns

The Senate Appropriations Subcommittee on Transportation, Housing, and Urban Development and related agencies held an Oct. 28, 2015 hearing on “Integrating Unmanned Aircraft Systems (UAS) into the National Airspace System (NAS)”…more

Airspace, Congressional Committees, Congressional Investigations & Hearings, Department of Transportation (DOT), Drones

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10 implications of SEC's repeal of general solicitation rules

In a historic and long-anticipated move to make private placements less “private,” the Securities and Exchange Commission (SEC) recently adopted final rules allowing general solicitation and general advertising in private…more

Accredited Investors, General Solicitation, JOBS Act, Private Equity, Private Placements

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Illinois appellate court strengthens sole proximate cause defense in asbestos cases

The question of whether a product manufacturer or employer in an asbestos lawsuit can introduce evidence of the plaintiff’s exposures to asbestos from other sources has become a highly contested issue. There is a lengthy latency…more

Appeals, Asbestos, Asbestos Litigation, Evidence, Manufacturers

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Supreme Court Overturns EPA’s “Tailoring Rule,” Upholds GHG BACT for “Anyway” Sources

On June 23, the U.S. Supreme Court issued its much anticipated opinion in Utility Air Regulatory Group v. EPA, involving whether the EPA properly decided it was required to regulate sources of greenhouse gases (“GHGs”) under the…more

BACT, Clean Air Act, Climate Change, Environmental Policies, EPA

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National Labor Relations Board Tosses More Than 30 Years of Precedent in Joint Employer Inquiry – Other Agencies to Follow?

On Thursday, August 27, the National Labor Relations Board (“NLRB” or the “Board”) issued its ruling in Browning-Ferris Industries of California, Inc., altering decades of precedent about the standard required to be held as a…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Franchises, Joint Employers

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Coast Guard seeks comments on multiyear renewal option for vessel documentation fees

In the March 3, 2015 Federal Register, the Coast Guard published a request for comments related to the Vessel Documentation Renewal Fees established in August 2014. The Coast Guard is considering options for implementing…more

Certificates of Compliance, Coast Guard, Renewal Fees, Vessels

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Is your institution of higher education covered by HIPAA?

It comes as no surprise that virtually every postsecondary administrator is familiar with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). After all, FERPA, the primary federal law that…more

Colleges, Covered Entities, Department of Education, FERPA, HIPAA

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California Medical Marijuana Regulation and Safety Act: What you need to know

After being the first state to legalize medical marijuana almost 20 years ago, California is implementing regulations across the industry. Commentators have focused on the effective and efficient processes called for in the new…more

Governor Brown, Marijuana Cultivation, Marijuana Related Businesses, Medical Marijuana, New Legislation

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IRS Releases Final Forms for Health Care Reform Reporting

With required reporting under the Affordable Care Act (ACA) looming, employers should be aware of the latest guidance from the IRS. As a reminder, information reporting requirements apply to all employers who are members of an…more

Affordable Care Act, COBRA, Employer Group Health Plans, Employer Mandates, Health Insurance

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Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's Center…more

Clapper v. Amnesty International, Class Action, Cyber Attacks, Cyber Insurance, Data Breach

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U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

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Deprizio waivers in bankruptcy cases: Valid, or a sham?

The Ninth Circuit Court of Appeals in In Re Adamson Apparel, Inc. became the first appellate court to address the validity of “Deprizio waivers.” In Adamson, the court held that because the Deprizio waiver was not a “sham”…more

Commercial Bankruptcy, Debtor-Creditor, Loans

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Voluntary Disclosure Opportunity for Businesses and Individuals Who Access Cloud Computing Services in Chicago or Sell Them to Chicago Users

Earlier this year, the City of Chicago’s Department of Finance issued “Personal Property Lease Transaction Tax Ruling #12 (clarifying Exemption 11),” originally effective as of July 1, 2015, clarifying the City’s position on the…more

City of Chicago, Cloud Computing, Department of Finance, Lease Tax, Nexus

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Illinois Employers Should Aim for Gun Policy Review

After becoming the 50th state to pass a concealed carry law last year, Illinois has begun accepting applications for concealed carry licenses from individuals wishing to carry a firearm in public. This major change in firearms…more

Employer No-Weapons Policies, Firearms, Gun Laws, Guns-in-Trunks Legislation

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EEOC Wants Employer Payroll Data To Discover Pay Discrimination

The Equal Employment Opportunity Commission (EEOC) has proposed revisions to the annual Employer Information Report (EEO-1) which would require employers to provide additional pay data. The proposed revisions would apply to any…more

Comment Period, EEO-1, EEOC, Federal Contractors, Pay Discrimination

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Chemical Safety Board investigator outlines discoveries from West Fertilizer, Charleston water incidents

A fertilizer plant surrounded by homes, schools, and a hospital. A chemical tank that was externally examined but not drained of liquid for a more thorough inspection. These were some of the factors that contributed to two…more

Chemical Safety Board, Chemicals, Contaminated Properties, Contamination, EPA

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Senate committee examines unmanned aircraft system safety, privacy concerns

The Senate Appropriations Subcommittee on Transportation, Housing, and Urban Development and related agencies held an Oct. 28, 2015 hearing on “Integrating Unmanned Aircraft Systems (UAS) into the National Airspace System (NAS)”…more

Airspace, Congressional Committees, Congressional Investigations & Hearings, Department of Transportation (DOT), Drones

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Chicago City Council approves changes to Transit Oriented Development

The City of Chicago City Council voted on Thursday, Sept. 25 to approve a revised Transit Oriented Development (TOD) ordinance. The revised TOD ordinance expands the boundaries of eligible properties and allows the elimination…more

Affordable Housing, Building Height Regulations, City Councils, City of Chicago, Density Bonus

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NIST seeks comments on Cybersecurity Framework – Don’t miss the Dec. 13 deadline

The National Institute of Standards and Technology (NIST) is seeking comments on its “Preliminary Cybersecurity Framework,” which affects numerous industries. The Preliminary Framework is intended to provide guidance to…more

Cybersecurity, Cybersecurity Framework, Deadlines, NIST, Public Comment

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CFTC rule change brings record-keeping relief for commodity dealers and end-users

Aiming to reduce needless regulatory costs on America’s farmers, grain elevators and other commercial end-users of the commodity markets, the U.S. Commodity Futures Trading Commission (CFTC) recently amended a record-keeping…more

Amended Regulation, Broker-Dealer, CFTC, Commodities, End-Users

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End Users of Swaps: Deadline Extended for Swap Documentation to Comply with New Federal Requirements

Federal authorities have extended the deadline imposed on swap dealers and major swap participants to amend swap documentation to comply with certain new legal requirements imposed by the Dodd-Frank Act. The deadline for…more

CFTC, Compliance, Dodd-Frank, End-Users, ISDA

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TC's inside IP - Summer 2013: Technology Continues to Test the Boundaries of Copyright Law

Technological advances are stressing the seams of existing copyright law, forcing yet another industry to grapple with the prospect of disruption. At the nexus of this tension is AEREO, Inc. (“Aereo”), a streaming service that…more

Aereo, Cablevision, Copyright, Internet Streaming, Public Performance Rights

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The nuts and bolts of HEA Reauthorization

As most in higher education are aware, Congress presently is working to reauthorize the Higher Education Act of 1965, as amended (20 U.S.C. 1001 et seq.), the seminal legislation that created and governs the administration of…more

Amended Legislation, Federal Student Aid, Financial Aid, Higher Education Act, Legislative Process

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TC's inside IP - Winter 2013: Final Really Does Mean Final in the Federal Circuit

Defendants in patent infringement lawsuits often request that the United States Patent and Trademark Office (“PTO”) reexamine the patent-in-suit. Patent reexamination is a process where the validity of an issued patent is again…more

Patent Infringement, Patent Litigation, Patents, USPTO

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, Federal Aviation Administration (FAA), Hazardous Substances, Shipping

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Financial Institutions Authorized to Use Websites for Annual Privacy Notice

Banks and other financial institutions may be able to avoid costly manual mailings of annual privacy notices to customers and instead publish annual privacy notices on their websites under a new rule issued by the federal…more

Annual Notices, Banks, CFPB, FCRA, Financial Institutions

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Missouri Passes Data Center Incentive Legislation

Missouri recently joined the growing number of states that have created incentives for the construction or expansion of data center facilities. The new law, signed on April 9, 2015, provides exemptions from various state and…more

Data Centers, Economic Development, Job Creation, New Legislation, Sales & Use Tax

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New Regulations Will Change Business for Government Contractors

The Administration has been active in promulgating Executive Orders (E.O.) that affect the stakeholders in the Government contracting process. On July 31, 2014, the President signed Executive Order 13673, “Fair Pay and Safe…more

Administrative Merits Determinations, Arbitration Awards, Comment Period, Disclosure Requirements, DOL

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EEOC Decision: Title VII Protects Employees' Sexual Orientation

The EEOC’s Decision - On July 18, 2015, the Equal Employment Opportunity Commission (EEOC) decided that Title VII’s prohibition on sex discrimination extends to discrimination based on an individual’s sexual orientation…more

Diversity and Inclusion Standards (D&I), EEOC, Employee Rights, Gender Discrimination, Gender-Based Pay Discrimination

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Record-breaking FCA settlements underscore importance of Stark Law compliance

In September and October, the Department of Justice (DOJ) announced four record-breaking False Claims Act settlements – ranging from $25 million to $115 million – involving health care systems that allegedly made improper…more

CMS, DOJ, Exceptions, Fair Market Value, False Claims Act (FCA)

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Tips for commodity brokers and traders facing auto-renewal provisions in vendor agreements

Businesses of all kinds, and all sizes, enter into vendor agreements in the ordinary course of business. And like many third-party vendors, the types of vendors that cater specifically to the technology needs of commodity…more

Automatic Renewals, Broker-Dealer, Commodity Broker, License Agreements, Notice Requirements

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NLRB Wishes Employers a Not-So-Happy New Year – Issues New Election Rules and Overrules Register Guard

The National Labor Relations Board (NLRB) has amended its internal rules to speed up the union election process. The changes were made with one goal in mind: to make it easier for unions to organize your workforce. Starting…more

Ambush Election Rules, Email, FLSA, NLRA, NLRB

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I will survive: Help your reps and warranties endure with a smart survival clause

The desire to protect oneself is human nature. Nowhere is that more obvious than when drafting complex commercial real estate deals, where parties often have conflicting goals regarding liability…more

Breach of Contract, Buyers, Cause of Action Accrual, Real Estate Market, Representations and Warranties

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FDA-regulated industries: Plan now for these changes in 2016

In our last post, Life Sciences Decoded took a look at new food industry regulations that will roll out in 2016 under the FDA’s Food Safety and Modernization Act. But it’s not just the food industry that will need to prepare for…more

Animal Health, Clinical Trials, Cybersecurity, FDA, Food Supply

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FDA-regulated industries: Plan now for these changes in 2016

In our last post, Life Sciences Decoded took a look at new food industry regulations that will roll out in 2016 under the FDA’s Food Safety and Modernization Act. But it’s not just the food industry that will need to prepare for…more

Animal Health, Clinical Trials, Cybersecurity, FDA, Food Supply

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Limiting Tort Liability for Cannabis: Failure to Warn Part I – the LivWell Lawsuit

On Oct. 5, 2015, two plaintiffs filed a class action lawsuit in Denver against the owner of a large cannabis grow facility, LivWell. They assert that LivWell used a purportedly dangerous fungicide on its cannabis plants without…more

Class Action, Failure To Warn, Marijuana, Pesticides, Putative Class Actions

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Missouri Passes Data Center Incentive Legislation

Missouri recently joined the growing number of states that have created incentives for the construction or expansion of data center facilities. The new law, signed on April 9, 2015, provides exemptions from various state and…more

Data Centers, Economic Development, Job Creation, New Legislation, Sales & Use Tax

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Is the Internet expanding privacy expectations?

Is the Internet invading privacy, or expanding privacy? The conventional wisdom is that the Internet is eviscerating privacy. But in some ways a heightened focus on privacy in the digital era may be creating new and greater…more

Email, FTC, Internet Privacy, Invasion of Privacy, Reasonable Expectation of Privacy

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TPP accord faces uncertain future in Congress

It was reported Monday that in a marathon 100-hour negotiating session the 12-nation Trans-Pacific Partnership (TPP) reached agreement on the TPP trade pact. The TPP was negotiated in secret, i.e., only the diplomatic…more

Automotive Industry, Canada, Country of Origin, Currency Manipulation, Fast Track Process

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Hold who harmless? Be careful in drafting indemnity provisions

In another example that there is no “boilerplate” in commercial real estate documents, the California Court of Appeal recently held that an indemnity provision not only covered claims by third parties, but it also covered direct…more

Boilerplate Language, Contaminated Properties, Contract Drafting, Environmental Remediation Costs, Indemnification Clauses

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Waiting to Exhale: Cannabis industry breathes sigh of relief over extension of Rohrabacher-Farr Amendment

With the recent signing of the Consolidated Appropriations Act of 2016 (H.R. 2029), President Obama extended a provision through September 2016 that restricts the federal government from interfering with states’ rights to enact…more

Consolidated Appropriations Act, Controlled Substances Act, DOJ, Marijuana Related Businesses, Medical Marijuana

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Employers Beware: Missouri Supreme Court Heightens the Risk of Dismissing Employees Who Filed Workers Compensation Claims

The Missouri Supreme Court recently overruled the long-standing “exclusive” causation standard for worker’s compensation retaliation claims and held that an employee only needs to demonstrate that filing a worker’s compensation…more

Adverse Employment Action, Discrimination, Employer Liability Issues, Hiring & Firing, Workers' Compensation Defense

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Why health care entities should pay attention to the Federal Priority Act

The Federal Priority Act (FPA) is a little-known statute that dates back centuries, and has increasingly been used by the federal government to recover significant sums from all types of insolvent businesses and…more

Commercial Bankruptcy, Federal Priority Act, Health Care Providers, Insolvency, Personal Liability

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So you want to protect your software: Tactics, options, and considerations post-Alice

Since its first development, intellectual property law has struggled with how to best protect software. Initially, developers could only choose between copyright or trade secret protection to protect their innovative software…more

Abstract Ideas, CLS Bank v Alice Corp, Intellectual Property Protection, Patent-Eligible Subject Matter, Popular

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U.S. Citizenship and Immigration Services Revises Employment Eligibility Verification Form I-9

U.S. Citizenship and Immigration Services (“USCIS”) has released a revised Form I-9, which all employers must use to verify the identity and employment eligibility of new hires. Employers should begin using the new Form I-9…more

Eligibility, Hiring & Firing, I-9, USCIS

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TPP accord faces uncertain future in Congress

It was reported Monday that in a marathon 100-hour negotiating session the 12-nation Trans-Pacific Partnership (TPP) reached agreement on the TPP trade pact. The TPP was negotiated in secret, i.e., only the diplomatic…more

Automotive Industry, Canada, Country of Origin, Currency Manipulation, Fast Track Process

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U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

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EEOC Wants Employer Payroll Data To Discover Pay Discrimination

The Equal Employment Opportunity Commission (EEOC) has proposed revisions to the annual Employer Information Report (EEO-1) which would require employers to provide additional pay data. The proposed revisions would apply to any…more

Comment Period, EEO-1, EEOC, Federal Contractors, Pay Discrimination

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USPTO Publishes New (and Largely Improved) Guidance for Subject Matter Eligibility

Today the USPTO published its much heralded revised 2014 Interim Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101 in view of the Mayo1, Myriad2, and Alice3 Supreme Court decisions. The December 2014…more

AMP v Myriad, CLS Bank v Alice Corp, Guidance Update, Mayo v. Prometheus, Patent-Eligible Subject Matter

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U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

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President Obama's immigration actions: What employers need to know

On November 20, 2014, President Obama announced a series of executive and administrative actions intended to streamline, modernize and simplify elements of the U.S. immigration system. While programs such as Deferred Action for…more

Barack Obama, DACA, DAPA, Deportation, DHS

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[Webinar] Cloud Computing 101- How It Works, What Are Its Risks and What Are Its Rewards - Oct. 14th, 12:00pm CDT

Are you using the Cloud? Are you thinking about using the Cloud? Are you confused by why you should care about the Cloud or what the Cloud has to offer? Are you concerned there are issues with using the Cloud that you're not…more

Cloud Computing, Cybersecurity, Data Breach, Data Protection, Popular

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Checklists of Foreign Countries for U.S. Firms Engaged in International Transactions

Countries Subject to Various Restrictions by the U.S., EU, and UN - Following are checklists of countries that are subject to a variety of U.S. and EU-imposed restrictions affecting international trade. The countries are…more

Sanctions, Trade Restrictions, UN Security Council

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New Department of Education guidance for Title IX coordinators deserves a look

As we’ve previously noted here at REGucation, the U.S. Department of Education’s Office of Civil Rights (OCR) has been busy in recent months issuing a wide range of guidance through both administrative action and formal…more

Department of Education, Educational Institutions, New Guidance, OCR, Title IX

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Landlords and tenants: To Airbnb or not Airbnb, that is the question

If you own or occupy residential real property, a question may come to mind. As Shakespeare might have put it, “To BNB or not BNB, that is the question.”…more

AirBnB, Eviction, Landlords, Occupancy Tax, Rent Control

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, Federal Aviation Administration (FAA), Hazardous Substances, Shipping

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New Regulations Will Change Business for Government Contractors

The Administration has been active in promulgating Executive Orders (E.O.) that affect the stakeholders in the Government contracting process. On July 31, 2014, the President signed Executive Order 13673, “Fair Pay and Safe…more

Administrative Merits Determinations, Arbitration Awards, Comment Period, Disclosure Requirements, DOL

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Developers take advantage of low income housing development tax credits, but recent Third Circuit decision stirs controversy

Developers of multi-family apartment complexes geared to low- to moderate-income tenants are increasingly taking advantage of federal low-income housing tax credits (LIHTC) and, where available, their state counterparts, to…more

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Illinois appellate court strengthens sole proximate cause defense in asbestos cases

The question of whether a product manufacturer or employer in an asbestos lawsuit can introduce evidence of the plaintiff’s exposures to asbestos from other sources has become a highly contested issue. There is a lengthy latency…more

Appeals, Asbestos, Asbestos Litigation, Evidence, Manufacturers

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California Employers: Are You Ready for 2016?

The California Legislature has been busy throughout 2015 enacting new laws as holiday “gifts” for California employers. Here are 5 things to look out for in 2016. 1. Minimum Wage Increase - Effective January 1, 2016,…more

E-Verify, Fair Pay Act, Minimum Salary, Minimum Wage, Piece-Rate Pay

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#ILoveThisProduct!

In a world where people go online to tell friends and strangers alike how they feel about everything from their newest mobile device to a restaurant down the street, it’s tough to know why opinions are shared in social media…more

Disclosure Requirements, False Advertising, FTC, FTC Endorsement Guidelines, Hashtags

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USPTO Publishes New (and Largely Improved) Guidance for Subject Matter Eligibility

Today the USPTO published its much heralded revised 2014 Interim Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101 in view of the Mayo1, Myriad2, and Alice3 Supreme Court decisions. The December 2014…more

AMP v Myriad, CLS Bank v Alice Corp, Guidance Update, Mayo v. Prometheus, Patent-Eligible Subject Matter

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Neutral arbitrators in sports: What makes it fair?

"Neutrality has been defined as a state of mind, a certain distance that the arbitrator establishes vis-a-vis his or her legal, political and religious background.” It is not a concept that it necessarily grounded in arbitration…more

Arbitration, Arbitrators, Grievance Process, Impartiality, MLB

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Eight things we learned from the Detroit bankruptcy

Detroit’s historic trip through Bankruptcy Court ended in December 2014 with the confirmation of the City’s Plan of Adjustment, which trimmed $7 billion in debt from the city’s balance sheet and promised improved resident…more

Detroit, Municipal Bankruptcy, Municipalities

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Senate committee examines unmanned aircraft system safety, privacy concerns

The Senate Appropriations Subcommittee on Transportation, Housing, and Urban Development and related agencies held an Oct. 28, 2015 hearing on “Integrating Unmanned Aircraft Systems (UAS) into the National Airspace System (NAS)”…more

Airspace, Congressional Committees, Congressional Investigations & Hearings, Department of Transportation (DOT), Drones

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Staffing agency workers and ACA offers of coverage

The final regulations on the Affordable Care Act’s (ACA) “pay or play” rules were released on Feb. 10, 2014. Under the rules, there are potential penalties imposed on large employers that do not offer substantially all full-time…more

Affordable Care Act, Full-Time Employees, IRS, Large Employer, Minimum Essential Coverage

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Limiting Tort Liability for Cannabis: Failure to Warn Part I – the LivWell Lawsuit

On Oct. 5, 2015, two plaintiffs filed a class action lawsuit in Denver against the owner of a large cannabis grow facility, LivWell. They assert that LivWell used a purportedly dangerous fungicide on its cannabis plants without…more

Class Action, Failure To Warn, Marijuana, Pesticides, Putative Class Actions

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Can the California A.G. limit those incessant Prop 65 lawsuits?

The California Attorney General has proposed amendments to California’s Proposition 65 regulations governing enforcement actions brought by a “private person in the public interest.”…more

Amended Regulation, Attorney Generals, Attorney's Fees, Birth Defects, Cancer

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Is your promotion discriminatory in California?

It might not occur to you to think about civil rights act compliance when planning an in-store or retail promotion – but that’s just what the state of California requires. The Unruh Civil Rights Act is a California statute that…more

Contests & Promotions, Discounts, Discrimination, Marketing, Retailers

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Bullying in the Workplace: L&E Case Study

Bullying has been a recent focal point in the media, especially in the context of school bullying. Although not as pervasive, bullying also extends to the workplace. This webinar will identify and define bullying, examine its…more

Bullying, Employment Policies, Workplace Bullying

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Supreme Court Upholds ERISA Plan’s Statute of Limitations

Yesterday, in Heimeshoff v. Hartford Life & Accident Insurance Co. the United States Supreme Court upheld the enforceability of an ERISA-plan provision providing: Legal action cannot be taken against The Hartford . . …more

ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co., SCOTUS, Statute of Limitations

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TC's inside IP - Summer 2013: Federal District Court Upholds DMCA Safe Harbor for YouTube

On April 18, 2013, the United States District Court for the Southern District of New York upheld the Digital Millennium Copyright Act (“DMCA”) safe harbor protection for YouTube following a remand from the Second Circuit in a…more

Copyright, Copyright Infringement, DMCA, Infringement, Safe Harbors

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Contact

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