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Finance Industry Seeks to Preliminarily Enjoin CFPB Arbitration Rule
In an important development in the federal court lawsuit by industry groups seeking to overturn the CFPB’s arbitration rule, the plaintiffs recently filed a motion for a preliminary injunction… more
Health Alert (Australia) 16 October 2017
In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales (NSW) 6 October 2017 - City of Ryde Council v Principal Healthcare Finance Pty Ltd (No 2) [2017] NSWLEC 134 - PRACTICE AND… more
Cheerios Yellow Box Rejected For Trademark Registration
In a precedential decision on August 22 2017, the Trademark Trial and Appeal Board (TTAB) in In re General Mills IP Holdings II, LLC (Serial 86757390) held that the applicant did not provide sufficient evidence to support the claim… more
Recent Merger Reflects Enhanced Need for Revenue Cycle Management Platforms
Two of the nation’s most noteworthy companies in the Revenue Cycle Management (“RCM”) technology space, Navicure Inc., and ZirMed Inc., announced a merger on September 14, 2017… more
Sixth Circuit Cries Foul on Post-Termination Repayment of Recoverable Draw
Seyfarth Synopsis: A common feature of many a commission plan is the recoverable draw that is offset against future commissions. The DOL has long held this is a permissible way to satisfy the minimum wage requirement. In a recent… more
Airline Cargo Company Sued Under Illinois Biometric Law
Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent… more
Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation
On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act (ADA). The… more
White House Exploring Model Program for Shared Federal and State Regulation of Drone Operations
One of the major issues facing the commercial drone industry is the lack of certainty in the regulatory environment. Multiple state and local municipalities have passed drone related laws and ordinances, but as the recent decision in… more
Don't Get Overtaxed: Successful Tax Assessment Challenge Shows Benefits of Apartment Owner Due Diligence
By statute, a variety of property types are assessed based on specific approaches to value – in some cases, at the lowest value indicated by a number of valuation approaches. Apartments are one such property type and, as investors bid… more
Emergency Regulation Confirming the 13-Hour Payment Rule for Live-In Home Care Aides Working 24-Hour Shifts to be Followed by Confirmation of Retroact
On Friday, October 6, 2017 the New York State Department of Labor (NYDOL) used its “emergency” regulatory power to amend its Minimum Wage Order for Miscellaneous Industries and Occupations, relating to home care workers assigned to… more
When Does the Race Start? New York Department of Environmental Conservation Requests Rehearing of Federal Energy Regulatory Commission Order that the State Waived Jurisdiction Over Water Quality Certification Review
Following the Federal Energy Regulatory Commission (FERC)’s Declaratory Order that the New York State Department of Environmental Conservation (DEC) failed to timely act on an application for a Water Quality Certification under Section… more
IRS Announces 2018 Retirement Plan Numbers
The Internal Revenue Service has just announced the limits on retirement plan contributions and benefits for 2018. The limit on 401(k) contributions will be $18,500, an increase from $18,000 per year. The catch-up contribution… more
NGOs and Farmworkers File Motion for Expedited Briefing and Hearing in Chlorpyrifos Litigation
On October 13, 2017, Petitioners League of United Latin American Citizens (LULAC), et al. filed a motion to expedite briefing and hearing in League of United Latin American Citizens v. Pruitt, Case No. 17-71636 (9th Cir. June 5, 2017)… more
California Governor Signs Bill Restricting “ICE” Access To Worksites
On October 5, 2017, California Governor Jerry Brown signed Assembly Bill 450 into law. This bill requires a warrant for employers to allow immigration enforcement agents to enter a worksite. Background- Current law prohibits… more
California Waves Goodbye to Salary History
On October 12, 2017, California joined a growing trend of jurisdictions attempting to address pay disparities by enacting a law that bans employers from seeking salary history information, including compensation and benefit… more
Third Circuit Ruling Gives Employers Some Relief On “Willfulness” Claims In FLSA Collective Actions
In every FLSA class action I have defended (as well as every demand letter I have seen on this subject) the plaintiff’s lawyer always alleges that the violations were “willful.” It does not matter what the facts are. No, they say, the… more
TSX Adopts New Website, Equity Compensation Plan Disclosure Requirements
On October 19, 2017, the Toronto Stock Exchange (TSX) announced that it has adopted, and the Ontario Securities Commission has approved, the following amendments to the TSX Company Manual: (i) the introduction of website disclosure… more
President Trump Nominates Joseph Simons to Lead FTC
On October 19, President Trump formally announced his nomination of Joseph Simons to serve as Federal Trade Commission Chair for a seven-year term. Simons would assume the chairmanship of the agency in lieu of Acting Chair Maureen… more
Budget Update
The state budget stalemate continues nearly four months after the due date, but this week we finally saw some movement toward wrapping up the work on the 2017-2018 revenue package. First, the General Assembly checked one item off the… more
New California Law Prohibits Asking Job Applicants About Their Salary History
A new California law (AB 168) was signed by Governor Jerry Brown on October 12, 2017 that prohibits employers from inquiring about the salary histories of its job applicants. AB 168, which takes effect on January 1, 2018, and applies… more
New Obstacles Emerge in NAFTA Negotiations
As the fourth round of NAFTA negotiations were completed in Washington on Tuesday, October 17, 2017, significant new obstacles to the trade talks are emerging. As a result, the fifth round of talks has been postponed until… more
How Animal Rescue Organizations Perpetuate Irresponsible Dog Breeding (And Related Issues) Part 2
Rescue Road Trips, inc. (the Rescue), as previously described, transports dogs from the south to the northeastern states for sale/adoption. The Rescue states that- "No exchange of payment may occur within the boarders [sic] of the… more
2018 Cost Of Living Adjustments For Retirement Plans
The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations for retirement plans and Social Security generally effective for Tax Year 2018 (see IRS Notice 2017-64). Most notably, the… more
National Survey On Marijuana Laws And Regulations
Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New York… more
2018 Cost-of-Living Adjustments for Retirement and Other Benefit Plans
The IRS recently announced the 2018 cost-of-living adjustments to various benefit and contribution limits applicable to retirement plans and welfare plans… more
Repayment Delay Fuels Whistleblower Settlement
On October 13, 2017, the United States Department of Justice (DOJ) revealed that First Coast Cardiovascular Institute, P.A. (FCCI) entered into a Settlement Agreement with the federal government and the State of Florida requiring FCCI… more
California and New York Require Manufacturers to Disclose Ingredients in Cleaning Products
On October 15, 2017, California Governor Jerry Brown (D) signed the Cleaning Product Right to Know Act of 2017 (S.B. 258). The new law requires manufacturers of cleaning products to disclose certain chemical ingredients on the product… more
Part 1: Trademarks 101 – Building and Protecting Your Food & Beverage Brand
So you’ve got an idea for a food or beverage product or maybe even a product ready to go – but do you know how to build your brand? And better yet, how to protect that brand? This week we hosted the first of a three-part workshop… more
What To Avoid In Hiring Plan Providers As 401(k) Fiduciaries
A plan sponsor has so many things to do in running a business that they often forget that as a 401(k) plan sponsor, they are also a plan fiduciary. Being a plan fiduciary requires the highest duty of care in equity and law. So to… more
OSHA Injury Tracking Application Up & Running
On August 16th we reported that OSHA had suspended user access to its new Injury Tracking Application (“ITA”) that serves as the web portal for the submission of injury and illness information under OSHA’s “Improve Tracking of… more
Chief Judge Stark Denies Prevailing Party’s Motion For Attorneys’ Fees And Expenses In ANDA Action
By Memorandum Order entered by The Honorable Leonard P. Stark in Reckitt Benckiser LLC v. Aurobindo Pharma Limited et al., Civil Action No. 14-1203-LP (D.Del. October 16, 2017), the Court denied Defendants motion for attorneys’ fees… more
Privacy Progress Report: Key Findings From the EU-U.S. Privacy Shield's First Annual Review
On October 18, 2017, the EU Commission released its report of the first annual review of the EU-U.S. Privacy Shield framework. The Privacy Shield is the successor of the Safe Harbor Agreement which was invalidated by the Court of… more
News from Second & State
Weekly Wrap - Beyond the budget, there was some significant legislative activity. First, on Monday the House Education Committee reported out two noteworthy bills; H.B. 1386 (Hill, R-York), which would update teacher certification… more
2017 SNO Conference Will Be Held November 5-7
The Sixth Sustainable Nanotechnology Organization (SNO) Conference will be held November 5-7, 2017, in Los Angeles, California. According to SNO, the Conference sessions represent a hybrid of topics on selected “systems” that… more
Clocking In: Scheduling Laws Popularity on the Rise
In a trend that is gaining steam across the country, multiple cities and states have, or are considering adopting, laws that impose conditions and penalties on employer scheduling practices, otherwise known as “scheduling laws.”… more
OIG Work Plan – October 2017 Update
The OIG added five new items to its Work Plan with its October 2017 monthly update. This is a decrease from the nine new items added to the Work Plan with the September 2017 update. (For more information on last month's Work Plan… more
Fortune Favors the Quick (to Report): Judge Slaps Spectrum Brands with $1.9 Million Penalty in DOJ/CPSC Tag-Team Enforcement Action
A federal district court in Wisconsin recently hit Spectrum Brands Inc. (Spectrum) with civil penalties of $1.9 million for violations of the Consumer Products Safety Act (CPSA). The court’s 23-page opinion is a strong reminder of how… more
Tame the Data Monster with a Prioritized Threat List
You’ve just been sued. Your first thought might not be about data, but your second or third one should be. Information is the lifeblood of the modern corporation, but it can also be its Achilles heel. Terabytes of business critical… more
California’s Legislature Takes on the Housing Crisis, But is it Enough?
At no time in recent history has the California Legislature passed more housing-related bills than it did late last month. On September 29, 2017, Governor Jerry Brown signed a package of 15 housing bills intended to bring some relief… more
In the End, Pa. Supreme Court Only Clarifies Bad Faith Law
In its recent decision in Rancosky v. Washington National Insurance Company, the Pennsylvania Supreme Court examined, for the first time, Pennsylvania’s standard for insurance bad faith. The court held that, while an insurer’s… more
EU Commission’s First Annual Review Confirms Adequacy of the EU-U.S. Privacy Shield
On October 18, 2017, the European Commission published its report and supporting documents regarding its first annual review of the EU-U.S. Privacy Shield (Privacy Shield), which sets forth procedures and safeguards for transferring… more
Corporate Investigations and White Collar Defense - October 2017
Supreme Court to Hear Important Whistleblower Case - Why it matters: Must an employee “whistleblower” specifically provide information about alleged corporate misconduct to the Securities and Exchange Commission (SEC) in order to… more
The Rise of Split Claims in Wrongful Death/Survival Cases
Recently, in Spangler v. McQuitty, 449 Md. 33 (2016), the Maryland Court of Appeals examined the interplay between an injured person’s injury claim/survival action and the claims of beneficiaries under Maryland’s Wrongful Death Act… more
Innovative Insurance Products Address Legal Issues in Public M&A
Dealmakers’ appetite for transactions involving publicly listed companies remains strong — 2016 saw an increase in deal volume, a trend which continues into 2017. However, deals remain challenging, partly due to limitations on bidder… more
SEC Proposes Modernization and Simplification of Regulation S-K
The Situation: In an effort to reduce compliance and cost burdens, the SEC has proposed amendments to some of the rules and forms associated with Regulation S-K. The Result: The proposed modifications relate to property… more
Supreme Court to Review Antitrust Suit Over AmEx Merchant Rules
The retail industry should have great interest in a case set to be decided the Supreme Court this term, the outcome of which will affect the terms and conditions of credit card acceptance for all merchants. The Supreme Court has… more
Beltway Buzz - October, 2017 #3
Deal or No Deal? Bipartisan ACA Agreement Faces Challenges. A bipartisan agreement forged by senators Lamar Alexander (R-TN) and Patty Murray (D-WA) that would temporarily restore funding for cost-sharing reductions (CSRs) is in limbo… more
California Updates Its Auto-Renewal Law
From fashion clothing in the mail to gym memberships to monthly mobile app subscriptions, the subscription-based business model is everywhere and here to stay. As more companies adopt this model, states around the country have enacted… more
Torts – Primary Assumption of Risk – Hot Air Ballooning
Erika Grotheer v. Escape Adventures, Inc., et al. - Court of Appeal, Fourth Appellate District, 14 Cal.App.5th 1283 (August 31, 2017) - Plaintiff Erika Grotheer (hereafter “Plaintiff”) was injured when her hot air balloon ride… more
Tax Plan in Coalition Agreement Cabinet Rutte III (Dutch)
Tax aspects of the 2017-2021 Government Agreement for Business - On October 10, the Cabinet Rutte III presented its government agreement for the next 4 years. Hereafter we discuss the most eye-catching fiscal aspects of the… more
