Morgan Lewis

EU Data Protection Reform Update

EC Commissioner Oettinger makes noteworthy comments during a conference in Munich regarding the pending EU Data Protection Reform. Background - In 2012, the European Commission (EC) proposed a major reform to the…more

1/28/2015 | Elections & Politics, Privacy, Consumer Protection, International Law & Trade, Science, Computers, & Technology

Air Emissions May Give Rise to CERCLA Liability

The Pakootas decision appears to be the first in which any federal court has directly addressed this issue. On December 31, 2014, in a case of first impression, Judge Lonny Suko of the U.S. District Court for the Eastern…more

1/27/2015 | Energy & Utilities, Environmental Law

H-1B Filing Season Is Here - January 2015

Now is the time for employers to assess their FY2016 H-1B needs and to start preparing their petitions for submission on April 1. On April 1, 2015, the U.S. Citizenship and Immigration Services (USCIS) will begin…more

1/27/2015 | Labor & Employment Law, Immigration Law

Illinois Offers Greater Protections for Pregnant Workers

Employers should take note of the newly effective amendment to the Illinois Human Rights Act, which enhances protections for employees affected by pregnancy or childbirth, imposes accommodation requirements on employers, and…more

1/27/2015 | Civil Rights, Labor & Employment Law

FinCEN Again Extends Deadline for Certain FBAR Filers

Certain individuals who have only signature authority over foreign financial accounts now have until June 30, 2016 to file the Report of Foreign Bank and Financial Accounts…more

1/27/2015 | Finance & Banking, International Law & Trade, Taxation

Dual Studies Assess Impact of Hydraulic Fracturing of Oil and Gas Resources in California

The California Department of Conservation’s Division of Oil, Gas and Geothermal Resources and the California Council on Science and Technology recently released studies that examine the impact of hydraulic fracturing of oil and…more

1/26/2015 | Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Supreme Court’s Trademark Tacking Decision: Possible Impact on Likelihood of Confusion?

The Supreme Court’s decision that juries should decide whether consumers would consider two marks to be the same for the purpose of trademark tacking may help resolve a split in the circuits as to whether the likelihood of…more

1/23/2015 | Civil Procedure, Finance & Banking, Intellectual Property

OIG Recommends Greater Scrutiny for Hospice Services in ALFs

The OIG’s recently released study examining Medicare hospice claims from 2007 to 2012 calls for targeted reviews of hospices that receive a high proportion of their payments for care in assisted living facilities…more

1/23/2015 | Health

Massachusetts Expands Employee Parental Leave Rights

New law will require employers to provide paternity leave. On April 7, 2015, most employees in the Commonwealth of Massachusetts will be eligible for eight weeks’ parental leave pursuant to the parental leave law (PLL), which…more

1/23/2015 | Civil Rights, Labor & Employment Law

Proposed Data Breach Legislation Announced

President Obama’s new proposed Personal Data Notification and Protection Act provides a national standard for companies responding to security breaches…more

1/23/2015 | Consumer Protection, Privacy, Science, Computers, & Technology

Department of State Releases February 2015 Visa Bulletin

Cutoff dates in the EB-2 India category advance by six and a half months, cutoff dates in EB-3 for the Rest of the World advance by five months, cutoff dates for China advance by six months, and EB-3 China is still ahead of EB-2…more

1/22/2015 | Labor & Employment Law, Immigration Law

Supreme Court Alters Claim Construction Review Standard in Patent Litigation

The Court creates a hybrid standard of review. On January 20, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the U.S. Supreme Court altered the U.S. Court of Appeals for the Federal Circuit’s longstanding de novo…more

1/22/2015 | Civil Procedure, Intellectual Property, Science, Computers, & Technology

Fourth Circuit's Triple Canopy False Claims Act Decision

The decision unexpectedly expands potential liability. On January 8, the U.S. Court of Appeals for the Fourth Circuit issued a panel decision that established a new and potentially significant False Claims Act (FCA)…more

1/21/2015 | Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, International Law & Trade, Government Contracting

New Jersey Clarifies Independent Contractor Classification Test

The New Jersey Supreme Court’s decision defines a test that applies to employment classification disputes under the state’s Wage Payment Law and Wage and Hour Law…more

1/21/2015 | Civil Procedure, Labor & Employment Law

Partial Relaxation of Cuban Sanctions: New Regulations Issued

The U.S. Department of the Treasury and the U.S. Department of Commerce have released new regulations that loosen restrictions on trade and travel with Cuba…more

1/21/2015 | Commercial Law & Contracts, Communications & Media Law, Elections & Politics, Finance & Banking, International Law & Trade