On September 18, 2019, California Governor Gavin Newsom signed into law A.B. 5, codifying the “ABC test” adopted in the California Supreme Court decision, Dynamex (see, e.g. prior posts here, here, and here) and ensuring that most… more

Soon, the cost of responding to document requests in California state court will significantly rise. Previously — and as with many other jurisdictions and in federal court — documents could be produced through one of two methods: (1)… more

The Department of Labor’s Wage and Hour Division (WHD) released Letter CCPA2019-l on September 10, 2019 (the letter). The letter determined that for purposes of the Consumer Credit Protection Act (CCPA), Health Savings Account (HSA)… more

Who is responsible for putting a GDPR Article 28 Data Processing Agreement in place? Dutch Data Protection Authority, Autoreitpersoonsgegevens, says: BOTH the data controller and the data processor… more

All or nearly all courts agree that disclosing work product to a non-adverse third party does not waive that robust protection – in contrast to the fragile attorney-client privilege. But what if that third party discloses the work… more

An important benefit of a mentor-protégé agreement (MPA) is that no determination of affiliation may be found between a protégé and its mentor solely because of assistance provided under the agreement. A recent decision of the Small… more

On July 29, 2019, the Centers for Medicare and Medicaid Services (CMS) released the Medicare CY 2020 Physician Fee Schedule proposed rule (the Proposed Rule), including proposed changes to regulations implementing the Physician… more

The California Legislature has passed Assembly Bill 5 (“AB 5”), which if signed by Governor Gavin Newsom, will codify the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018)… more

On May 16, 2019, Students for Fair Admissions (SFFA), an anti-affirmative action group, filed yet another lawsuit against the University of Texas at Austin (the University). This is the third such suit SFFA has filed against the… more

Un-broker my heart, a late amendment to the CCPA has added data broker registration to the mix. All data brokers as defined in amendment AB-1202 are required to: register with the Attorney General on or before January 31… more

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board… more

On Wednesday, September 11, 2019, in response to a number of highly-publicized vaping-related deaths and illnesses, the Trump Administration (the Administration) announced its intention to ban most flavored e-cigarette products… more

In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and… more

CONVERGE is in its 4th year of bringing together the world’s leading companies for 2 days of dynamic speakers, thought-provoking breakout sessions, and opportunities to connect with like-minded professionals. You will leave the… more

In today’s edition of Daily Compliance News: 1. White House fires Homeland Security Deputy GC. (NYT) 2. Netherlands proposes nationwide AML system. (Dipping Through Geometries) 3. Did unprepared pilots contribute to 737 MAX… more

To almost everyone’s delight, OSHA has filled the vital position of the Director of the Directorate of Construction (DOC). The DOC Director position is always challenging to fill. It requires a high degree of construction safety… more

Regulation Best Interest: The Focus on Costs (Part 2) - The SEC has issued its final Regulation Best Interest (Reg BI), Form CRS Regulation, RIA Interpretation and Solely Incidental Interpretation. I am discussing the SEC’s guidance… more

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so obvious. Two… more

Last week, the 11th Circuit Federal Court of Appeals reversed summary judgment given to AseraCare in its hospice false claims case, setting up more litigation on the question whether AseraCare’s certifications were made in good faith… more

Bingham v. HCA, Inc., a recent Eleventh Circuit case, highlights the centrality of fair market value to Anti-Kickback Statute (AKS) analyses. This decision is significant for several reasons and we expect to see Bingham cited by many… more

On July 10th, Governor Mike Parson signed into law Senate Bill 224, which passed the Senate on a final 23-9 vote shortly before the end of the 2019 legislative session. Senate Bill 224 changes various Missouri Supreme Court Rules… more

The title may be in error: It is not a generally true statement in all circumstances. The plaintiff in the Eighth Circuit’s August 26, 2019, opinion in Tasha McNeil v. Union Pacific Railroad Co., No: 18-2333, provided her employer… more

Answers a broad range of questions on the emerging, client-facing business development role within law firms… more

Good news for Postmates delivery drivers…and for gig economy businesses across the country. The company recently announced that it would offer accident insurance benefits to its entire fleet of independent contractor drivers, providing… more

The withdrawal liability case of the year came to an anticlimactic end on Monday, September 16, 2019, as the Second Circuit docket sheet of New York Times Company v. Newspaper and Mail Deliverers' Publishers' Pension Fund pinged to… more