BakerHostetler

PayPal Reaches Settlement With Texas Over Venmo Privacy and Security Disclosures

Venmo is a peer-to-peer mobile payments service that PayPal acquired in 2013. Users can transfer money to another person using a mobile or web application (e.g., send money to a friend to split the cost of dinner). On May 20,…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Finance & Banking, Privacy

Key Points of New Federal Legislation: The Defend Trade Secrets Act

On May 11, 2016, a new federal trade secrets act (the Defend Trade Secrets Act, or the Act) was passed that expands the toolbox for trade secret protection and also necessitates changes to agreements and policies with…more
| Intellectual Property, Labor & Employment Law

Firm Client Found Not Guilty of Tax Fraud After Month-Long Trial

On April 12, after four weeks of trial and one week of deliberations, a federal jury in the U.S. District Court for the District of Kansas returned a verdict of not guilty for a firm client accused of engaging in a conspiracy…more
| Civil Procedure, Taxation

Ohio Employment Law Reform: S.B. 268

The Ohio General Assembly heard testimony on May 18, 2016, in support of pending Senate Bill 268 (S.B. 268), the Employment Law Uniformity Act. S.B. 268 seeks to amend Ohio’s employment discrimination statute, R.C. Chapter 4112,…more
| Civil Rights, Labor & Employment Law

SEC's Division of Corporation Finance Updates Non-GAAP Interpretations

In recent months, the Securities and Exchange Commission (the “SEC”) has signaled that the use of non-GAAP measures will be scrutinized closely. Chair Mary Jo White has discussed non-GAAP disclosures in speeches, urging…more
| Business Organizations, Finance & Banking, Securities Law

Illinois Enacts Sweeping Changes to the Illinois Personal Information Protection Act

On May 6, 2016, Illinois joined a growing number of states that have strengthened their data breach notification requirements and expanded the definition of protected personal information. Effective January 1, 2017, HB1260…more
| Privacy, Health, Science, Computers, & Technology

Differences in Medical Opinions: Not Enough to Prove FCA Liability

In a $200 million False Claims Act (FCA) litigation with certain twists and turns, the U.S. District Court for the Northern District of Alabama recently found that the federal government failed to show that claims submitted to…more
| Government Contracting, Health

It's Not Over Until the Last Whistle Blows: Beware of the Mid-Investigation Tip

On May 13, 2016, the Securities and Exchange Commission (SEC) caught many off guard when it issued an award to a whistleblower whose mid-investigation tip “significantly contributed” to the success of the resulting enforcement…more
| Business Organizations, Securities Law

Concrete and Particularized Part II: What Spokeo May Mean for Class Actions

This blog post is the second in a series of posts that Baker & Hostetler LLP is devoting to the significant decision Robins v. Spokeo, No. 13-1339, 537 U.S. ___ (2016) (Spokeo). Monday’s post focused on Spokeo’s effect on…more
| Civil Procedure, Communications & Media Law, Constitutional Law

U.S. House of Representatives v. Burwell: A Failure to Appropriate, Not a Failure in Drafting

“A most curious and convoluted argument whose mother was undoubtedly necessity,” wrote Judge Rosemary M. Collyer in describing the argument made by the U.S. Department of Health and Human Services (HHS) to uphold the…more
| Civil Procedure, Health

TeslaCrypt Ransomware Developers Retire, Release Master Decryption Key

Ransomware is a particularly nefarious type of malware that hijacks computers and forces victims to pay a ransom in order to access their files. One of the reasons it is so successful is because ransomware developers use strong…more
| Business Organizations, Privacy

CFPB to Announce Small-dollar Lending Rule on June 2

On May 18, 2016, the Consumer Financial Protection Bureau (CFPB) announced that it will hold a field hearing in Kansas City, Missouri, on June 2 regarding small-dollar lending, commonly referred to as payday lending. It is…more
| Consumer Protection, Finance & Banking

Supreme Court Continues Sanctions Litigation Against the EEOC

A slap in the face, maybe, after 11 years - Back in 2005, a prospective driver for a trucking company filed a charge with the EEOC contending that two trainers sexually harassed her during an over-the-road trip. That charge…more
| Civil Procedure, Civil Rights, Labor & Employment Law

USPTO Memo re Enfish v. Microsoft

This is an update to my recent article about the Federal Circuit’s decision in Enfish v. Microsoft. In a memo to the Patent Examining Corps dated May 19, 2016, Deputy Commissioner Robert Bahr said that the Enfish decision…more
| Intellectual Property, Science, Computers, & Technology

CFPB to Announce Small-dollar Lending Rule on June 2

On May 18, 2016, the Consumer Financial Protection Bureau (CFPB) announced that it will hold a field hearing in Kansas City, Missouri, on June 2 regarding small-dollar lending, commonly referred to as payday lending. It is…more
| Consumer Protection, Finance & Banking
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