The SEC has proposed rulemaking and regulations targeted at the relationship between investors and their investment professionals. We previously reported on the U.S. Court of Appeals for the Fifth Circuit vacating the controversial… more

The Supreme Court’s recent decision in Merit Management Group, LP v. FTI Consulting, Inc. has appropriately drawn significant attention. The Court, by narrowing the “safe harbor” provision of Section 546(e) of the Bankruptcy Code, has… more

An investment professional who provides advice to an investor who has a 401(k), an annuity, and a brokerage account is subject to regulation by no less than five regulators: the Securities and Exchange Commission (“Commission”)… more

The Sacramento County Board of Supervisors has approved an Ordinance requiring hotel and motel operators in Sacramento County to provide employees with a panic button or notification device that can be used to call for help when an… more

On April 19, 2018, the European Parliament (EP) approved a regulation on organic production and labeling of organic products. Under the regulation, the production of processed organic food will be based on several specific principles… more

Concerns about Facebook's use and manipulation of user information is not limited to the recent controversy involving the data shared with Cambridge Analytica. Facebook was also accused by several large employers of aiding and abetting… more

In today’s fast-paced, global economy, innovative businesses — established and startups — rely heavily on internet storefronts for their virtual survival when selling goods and services. First and repeated impressions via graphical… more

In this episode of Countdown to GDPR, Jonathan Armstrong and myself are interviewed by Laura Petrolino, the Chief Client Officer at Arment Dietrich, Inc. on the applicability of GDPR to the professional communications industry. It was… more

Today, New Jersey Governor Phil Murphy signed into law the “Diane B. Allen Equal Pay Act” (“Act”). A significant amendment to the New Jersey Law Against Discrimination (“LAD”), the Act will now go into effect on July 1, 2018. Among… more

On April 3, 2018, the Department of Justice’s Antitrust Division settled an antitrust action against the world’s two largest rail equipment suppliers, accusing them of maintaining “naked” no-poaching agreements in violation of the… more

Earlier today, Ben Carson, the Secretary of the U.S. Department of Housing and Urban Development (HUD), put forward a plan that could significantly change the amounts paid by Americans who live in public housing. The proposal… more

On April 23, 2018, the California Department of Pesticide Regulation (DPR) circulated a presentation entitled “Top 10 Agricultural Pesticide Use Violations of 2017” that identifies the top ten agricultural most common pesticide use… more

The Louisiana Fourth Circuit's recent decision in Woodrow Wilson Constr. LLC v. Orleans Parish School Board marks a potential victory for general contractors seeking final payment on public construction projects. However, it is… more

April 24 - Senate Energy and Natural Resources Committee – Hearing to Examine the President’s Budget Request for the U.S. Forest Service for Fiscal Year 2019… more

The FTC has been ramping up its efforts to help small businesses understand cybersecurity and learn best practices for promoting cybersecurity in their organizations. According to the FTC, cyber-attacks on small businesses threaten… more

Fifteen months after the Antitrust Division of the Department of Justice (DOJ) announced its intention to criminally pursue no-poaching agreements — in which competitors agree not to recruit or hire each other’s employees — the… more

Washington recently enacted Senate Bill 6029 which establishes a student loan bill of rights (SBOR). The Washington SBOR, among other things: (1) requires student education loan servicers to obtain and maintain a license; (2) imposes… more

The Supreme Court has issued two important decisions affecting Inter Partes Review (“IPR”) and other post-grant patent challenges conducted by the Patent Trial and Appeal Board (“PTAB”)… more

We should all unpack our own assumptions about what collaboration looks like and explore the possibilities that arise from CLOC's extraordinary case studies and proposals… more

In U.S. Bank N.A. v. Village at Lakeridge, LLC, the U.S. Supreme Court issued an important decision on standards of appellate review, holding that appellate courts should review a bankruptcy court’s determination of whether a… more

In 2017, real estate sale and purchase numbers continued to rise. The largest single property sale reported in New York City in 2017 was the sale of 245 Park Avenue, for a purchase price of $2,210,000,000. As 2018 begins and with… more

The uncertain prospect of an award of "Wrotham Park" damages, seen by its critics as "jackpot damages", while being advanced by claimants who struggle to establish economic loss, has historically been unnerving for litigators advising… more

The CFPB recently appealed the judgment that it obtained against a national payday lender, in which the district court ordered a significantly smaller penalty than the CFPB had sought… more

The U.S. Supreme held in a 7-2 decision (Justice Gorsuch and Chief Justice Roberts dissenting), Oil States Energy Servs. V. Greene’s Energy Group, LLC, that the Inter Partes Review proceedings, commonly referred to as IPRs, do not… more

“Pay equity” is quickly becoming a term every employer must understand. Never in its 25-year history have the principles of the Equal Pay Act (EPA) received so much attention. Courts have been examining the meaning of pay equity under… more