On May 11, 2020, the Federal Trade Commission (FTC) announced a proposed settlement with the operator of a deceptive crowdfunding scheme—Douglas Monahan, who operated iBackPack of Texas—for raising money to develop a high-tech backpack… more

Since the PSD2 came into effect in the Netherlands, the DNB has issued a few licensed for the providers of payment initiation services (PIS) and account information services (AIS). Mid May 2020, nine licenses had been issued by the… more

Calderbank offers, stemming from the English Court of Appeal decision in Calderbank v Calderbank [1976] Fam 93 (CA), are useful tools in dispute resolution to (hopefully) avoid protracted proceedings and/or improve one’s position on… more

In recent years, with the development of Internet technology and entering the era of Internet+, many traditional industries (including the retail sector), following the Internet revolution, have ushered in the era of cross-border… more

The draft Law on Safety of Hazardous Chemicals (Draft Law) was drawn up and circulated for comments in January 2020. The Draft Law, with respect to corporate non-compliance, has escalated penalties for responsible individuals by (i)… more

In our article on the impact of COVID-19 on projects in the renewable energy sector in Kazakhstan, we wrote that violation of the deadlines for notification of the commencement of construction and commissioning of facilities has… more

We previously reported that President Trump had implemented several air travel restrictions in response to the COVID-19 pandemic, by means of four Presidential Proclamations. As a result of these Presidential Proclamations, most aliens… more

In our April 17, 2020 previous publication, we explained the challenges involved in complying with the Guarantees Acknowledgement Act (Alberta) (the “GAA”) during the COVID-19 pandemic, because of the requirement that a personal… more

The Chancellor has made a further Treasury Direction in relation to the Coronavirus Job Retention Scheme (CJRS). At its simplest, the Direction formally extends the CJRS to 30 June, as previously announced. It was presumably drafted… more

By means of Resolution No. 201-2722 of May 20, 2020, (the "Resolution"), some articles of Resolution No. 201-2401 of March 30, 2020, were modified, through which the General Revenue Directorate (DGI by its acronym in Spanish) extended… more

With the publication of the government's roadmap for easing the lockdown in England on Monday 11 May, many employers are making urgent arrangements for employees to return to work. Section 2 of the Health and Safety at Work Act 1974… more

It is now well publicised that as part of the Coronavirus Economic Response Package Omnibus Act 2020 (Cth) directors will effectively be relieved from personal liability for insolvent trading if they can establish that a debt was… more

The Australian Government has announced a three step plan for getting Australians back to work. Principal in this plan is the need for employers to implement a safe return to work plan. But what does this mean?… more

Welcome to the Canadian COVID-19 Government Announcements Summary, a newsletter from our Government Affairs and Public Policy practice group. This newsletter provides weekly updates of federal and provincial announcements relevant to… more

In this COVID-19 world, many businesses have adjusted their service offerings to accommodate physical distancing protocols. The market segments that have moved to an online platform are growing daily. Gyms are offering fitness classes… more

The Tenth Circuit recently concluded that, as a matter of federal common law, a choice-of-law provision in a long-term disability insurance policy, which was part of the plaintiff’s employer’s ERISA plan, must be enforced because a… more

The Issue: Federal agencies have issued subregulatory guidance affecting every industry during the COVID-19 pandemic. The Situation: The federal government has issued executive orders and memoranda on the proper role of guidance and… more

On April 8, 2020, Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California granted Ghirardelli Chocolate’s motion to dismiss a putative nationwide class action brought by several consumers who… more

Update: On May 20, 2020, Chief Administrative Judge Marks issued Administrative Order 111/2020 announcing that e-filing through the NYSCEF system, including the filing of new non-essential matters, will be restored state-wide as of May… more

As we discussed, the National Labor Relations Board decided early this month that it would temporarily suspend the remedial notice-posting and emailing requirement at facilities shut down due to the COVID-19 pandemic until after… more

The Supreme Court in Opati v. Republic of Sudan, No. 17–1268, 590 U.S. ___ (2020), has held that the Foreign Sovereign Immunities Act ("FSIA") allows certain plaintiffs to recover punitive damages from state sponsors of terrorism for… more

As businesses prepare to re-open, many employers will be concerned about the risk of workplace transmission of the COVID-19 disease. Testing employees before allowing them to enter the workplace is one preventative measure employers… more

Less than a year ago, in late 2019, the pharmaceutical industry came in dead last in a favorability contest with twenty-five other industries. According to that Gallup Poll, only a little more than a quarter of the population (27… more

The Small Business Administration (SBA) issued two interim final rules on May 22 providing, respectively, additional clarifications regarding Paycheck Protection Program (PPP) loan forgiveness (the Forgiveness Rule) and information… more

On May 20, 2020, the United States Department of Labor (DOL) released a Final Rule authorizing employers that use the “fluctuating workweek” method for calculating employees’ regular rates of pay to award employees additional… more

Although 2020 has already provided more than its share of surprises for businesses, one thing appears to remain unchanged: the California attorney general’s commitment to enforcing the California Consumer Privacy Act beginning July 1… more

The outbreak of the coronavirus has been an unprecedented event affecting every industry, including construction. To ensure their entitlement to an extension of time, costs, or even termination, parties to construction contracts need… more

I may have said this before in another post, but in my opinion, whether a baseball umpire is good or bad is not a matter of whether he has a low strikezone, a high strikezone, or a wide one. What matters is that whatever that umpire… more

This guide offers an overview of legal aspects of temporary layoffs in the requisite jurisdictions. It is meant as an overview in these marketplaces... This guide describes the law in force in the requisite jurisdictions at the… more

On May 13, 2020, Sheppard Mullin co-sponsored a webinar hosted by the United States-Mexico Chamber of Commerce involving Mexico’s economic outlook and the impact on the maquiladora industry. Below are some interesting take-aways from… more

Last week, a three-judge panel of the United States Court of Appeals for the Ninth Circuit affirmed, in all respects, an injunction issued by Judge Claudia Wilken of the Northern District of California in Alston v. NCAA, the so-called… more

On April 6, 2020, the California Judicial Council adopted Emergency Rule 9, which tolled statutes of limitations on civil causes of action for the duration of the state of emergency declared by Governor Newsom on March 4, 2020, and for… more

Employee benefit plans increasingly look to electronic participant communications as a reliable and cost-effective way to satisfy disclosure requirements under the Employee Retirement Income Security Act (ERISA). Last October, the… more

We are noticing a common theme in advertising: recent commercials, web pages and social media include a series of still images of essential workers, or short videos submitted by the companies’ own clients. In case your company decides… more

Due to the ongoing coronavirus pandemic, on May 24, 2020 President Trump issued a Proclamation restricting travel to the United States for foreign nationals arriving from Brazil. The Proclamation suspends entry to the United States of… more

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of May 18 – May 22, 2020. May 18, 2020: The U.S. Tax Court announced that comments to the proposed… more

Virtual Meetings - Colby said that consistent with FINRA’s rules requiring in-person hearings, it has conducted no remote hearings. He said there have been a handful of remotely conducted FINRA arbitrations, but those are the… more

We have heard for years now that online retail would displace many traditional brick and mortar retail locations, and that few physical retail locations would ultimately survive the “Amazon effect.” Retailers and shopping center owners… more

On May 21, 2020, the U.S. Small Business Administration (“SBA”) released a notice informing lenders of how they may collect loan processing fees for eligible loans issued under the Paycheck Protection Program (“PPP”). Pursuant to… more

On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a final rule eliminating a list of businesses prohibited from taking advantage of the commission sales exemption to the overtime requirements of… more

Report on Research Compliance 17, no. 6 (June 2020) - A former assistant veterinary medicine professor at the University of Maryland will retract or correct seven papers published from 2013 to 2016 that contained reused or… more

U.S. Developments - Litigation - Ripple Faces New Litigation Related to XRP Token Sale - On May 1, 2020, Puerto Rico-based company Bitcoin Manipulation Abatement LLC (BMA) filed a lawsuit against Ripple Labs, Inc., XRP II, LLC… more

President Trump’s May 1, 2020 Executive Order prohibiting certain transactions involving bulk-power system electric equipment developed, manufactured or supplied by a foreign adversary could have far-reaching implications for both the… more

As new unemployment claims rise, impostors seek to scam the unemployment system at the cost of the state, employees, and employers. Here’s how to respond to, and lower the risk of, fraudulent unemployment claims. Spike in… more

On May 22, 2020, the Small Business Administration (the “SBA”) released two highly-anticipated interim final rules regarding the Paycheck Protection Program (“PPP”). The first, an interim final rule on PPP loan forgiveness, gives… more

As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether seeking to… more

For the last two months, the doors of millions of businesses and homes have been shuttered due to government mandated stay at home orders. Through it all, the individuals who have served on the front lines and in essential businesses… more

The Federal Motor Carrier Safety Administration (FMCSA) has published its long-awaited final rule on changes to hours of service requirements in a move intended to increase flexibility for truck drivers and motor carriers. The final… more

This article continues our prior discussion of identifying trade secrets.  So much for the case law. But what is a trade secret owner to do — both in the case and proactively before the case commences — in light of these holdings?… more

The Information Commissioner’s Office (ICO) recently issued guidance for employers on the issues they need to bear in mind when considering the introduction of testing as part of their arrangements for returning staff to the workplace… more

The National Labor Relations Board just found that a beverage manufacturer’s rule prohibiting cell phones on the shop floor and work stations did not violate the National Labor Relations Act. The Board’s May 20 decision recognized that… more

- The 2nd Circuit has affirmed two lower court decisions dismissing complaints alleging violations of Section 16(b) of the Securities Exchange Act. In so holding, the 2nd Circuit ruled that an investment advisor’s client does not… more

On May 20, 2020, the U.S. Department of the Treasury issued a proposed rule modifying the mandatory filing requirements associated with certain foreign investments in U.S. businesses that deal with “critical technologies.” The proposed… more

The Semi-Annual eDiscovery Pricing Survey - Based on the complexity of data and legal discovery, it is a continual challenge to fully understand what is representative of industry-standard pricing for the delivery of eDiscovery… more

California recently approved San Diego County’s request to move further into Stage 2 of the State’s Resilience Roadmap. San Diego County restaurants and retail businesses may now open with appropriate modifications to their operations… more

Leaders of Small Business Committee Reach Consensus on Bill to Extend PPP Loan Deadline, Senate Fails to Clear Measure by Unanimous Consent as Phase 4 Negotiations Likely to Dominate June - Bipartisan leaders of the Senate Small… more

It doesn’t matter who you are or what you do for a living, one thing is certain – technology is constantly changing. If you purchase the “latest and greatest” consumer technology gadget today, it will be outdated in less than 12… more

The Enlarged Board of Appeal of the European Patent Office has decided that the exclusion from patentability of essentially biological processes for the production of plants or animals now also extends to plant or animal products that… more