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Federal Courts Hold That Lenders Do Not Generally Owe Fiduciary Duties To Borrowers
In Hagood v. Countrywide Home Loans, Inc., a borrower sued a lender for several claims, including breach of fiduciary duties. No. A-17-CA-00784-SS, 2017 U.S. Dist. LEXIS 165943 (W. D. Tex. October 6, 2017). The defendant filed a motion… more
The intersection of Federal Civil Enforcement: claims and health care restructurings
It is well known that the healthcare industry as a whole has undergone significant changes, challenges and uncertainties in recent years. Many hospitals, senior living facilities, pharmaceutical companies, laboratories and other… more
Residuals Clauses in IP Agreements and NDAs
A residuals clause is a provision in an IP agreement or non-disclosure agreement stipulating that if a party learns some general information regarding the other party’s IP while working with the other party, the party learning such… more
CirrusMD Closes $7 Million Series A Funding
CirrusMD, which offers a text-first approach to telemedicine for large health systems and insurers, today announced the closing of a $7 million Series A financing led by Colorado Impact Fund, joined by Bootstrap Incubation, Three Leaf… more
Employment Law - October 2017
Employer Bound by Oral Contract, California Appellate Court Affirms - Why it matters - Upholding an oral contract, the California Court of Appeal agreed with an employee that she should be paid a commission for certain… more
Significant “Bright-Line” Interpretation of Compensable Time Under the FLSA
Employers are often faced with the difficult dilemma of whether, and how much, it has to pay its employees who take rest breaks under the federal Fair Labor Standards Act (“FLSA”) and corresponding state laws. On Friday, October 13… more
New Guidance Provided for Issuers with U.S. Marijuana-Related Activities
On October 16, 2017, the Canadian Securities Administrators (CSA), the Toronto Stock Exchange (TSX), and the TSX Venture Exchange (TSXV and together with the TSX, the TMX Group), issued long-sought guidance on disclosure requirements… more
Personal Injury Claims and Contingency Fees
If you’ve been hurt in a Woodland Hills accident that was not your fault, you may be wondering how much money the insurance company will give you for your injuries. The truthful answer? Not as much as you deserve. That is why you need… more
Calling African-American 'Boy' and 'You People' Creates Hostile Work Environment
In a recent string of decisions, federal courts have concluded that use of racial epithets even on one occasion is sufficient to constitute a hostile work environment under Title VII. Thus, use of the N-word and other derogatory terms… more
European Commission Publishes the Results of its First Annual Review on the Functioning of the EU-US Privacy Shield
On October 18, 2017, the EU Commission (“Commission”) published its report and other working documents (“Report”) on its first annual review of the EU-US Privacy Shield Framework (“Privacy Shield”). The Report summarizes that the… more
Italy Energy Newsletter - Issue 22, 2017
Novità Normative e Giurisprudenziali - in vigore Regione Basilicata - Recepimento dei criteri per il corretto inserimento nel paesaggio e sul territorio degli impianti da fonti di energia rinnovabili ai sensi del D.M. 10 settembre… more
Abzena and UGA Biopharma Announce a Cell Line Expressing a Biosimilar to an Antibody Therapeutic for MS
On October 19, 2017, Abzena plc and UGA Biopharma Gmbh announced that their partnership completed development of an NS0 (murine myeloma) manufacturing cell line. This cell line expresses a biosimilar of a therapeutic antibody for… more
2018 Cost-of-Living Adjustments on IRS Benefit and Contribution Limits
On October 19, 2017, the Internal Revenue Service (IRS) announced the cost-of-living adjustments impacting tax-qualified pension plans for 2018. The increase in the cost-of-living index met the statutory thresholds that triggered… more
SEC No-Action Letter Regarding Investments in Credit Risk Transfer Securities
On October 16, the SEC Division of Investment Management granted no-action relief in response to a request by Orrick on behalf of Redwood Trust. The Redwood request and the SEC staff response impact the way in which investments in… more
Kickback Arrangements – Cause for Alarm Beyond Federal Healthcare Programs
Few, if any, in the medical industry are unfamiliar with the federal Anti-Kickback Statute (“AKS”). Under AKS, those giving or receiving compensation for referrals for items or services reimbursed by the federal healthcare programs… more
Stored Communications Act Does Not Prohibit Disclosure of Deceased’s Yahoo Account
In what appears to be a case of first impression in the Commonwealth of Massachusetts, the Supreme Judicial Court (SJC) has ruled that Yahoo may disclose the contents of a deceased’s Yahoo email account to his personal representatives… more
Projects and Energy Weekly Snippets
New electricity generation: Eskom outlines transmission spending plans - Eskom plans to spend ZAR174.5 billion on its transmission and distribution network over the next 10 years, largely to improve reliability and accommodate new… more
If Pain, Yes Gain—Part XXXVII: NYC Set to Expand Earned Sick Time Act
Seyfarth Synopsis: On October 17, 2017, the New York City Council passed an amendment to the city’s Earned Sick Time Act that, if signed by Mayor Bill de Blasio as expected, would allow eligible employees to use paid sick time for… more
FOIL Follies- Draft Plans Once Submitted Must Be Made Available
New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain exemptions. See, Public Officers Law… more
Massachusetts Court Upholds Record $2.6M Fine against Beer Distributor
Earlier this month, a Massachusetts state trial court judge issued a decision in the matter of Craft Beer Guild LLC d/b/a Craft Brewers Guild v. Alcoholic Beverages Control Commission. The court upheld a decision by the Alcoholic… more
Healthcare Cyber: House Inquiry Targets Medical Software
In its latest inquiry into cybersecurity risks in the healthcare sector, the House Energy and Commerce Committee last week requested a “formal briefing” from medical transcription vendor Nuance Communications, Inc. concerning its… more
[Video]Estate Planning & Family Law: How To Protect Your Assets For Future Generations
Norma Stanley and Derren Ciaglia explain the similarities of estate planning and family law, and give some examples of how to protect your assets in complicated planning matters… more
President Trump Signs New Executive Order To Loosen Insurance Regulations
Following multiple failed attempts by the Republican-led Congress to repeal the Affordable Care Act (ACA), on October 12, 2017, President Trump took unilateral action signing an executive order aimed at expanding choices and… more
Should we regulate artificial intelligence?
Hogan Lovells partner Winston Maxwell spoke on October 12, 2017 at a conference on artificial intelligence organized by the French think tank “Le Club des Juristes”. What follows is an English version of his prepared remarks… more
AML Information Sharing in the U.S. – Section 314 of the Patriot Act
As we recently blogged, the Royal United Services Institute (“RUSI”) for Defence and Security Studies — a U.K. think tank – has released a study: The Role of Financial Information-Sharing Partnerships in the Disruption of Crime (the… more
Amazon’s Scanning Technology for Package Delivery
If you haven’t yet heard about it, Amazon is on the forefront of package delivery. And if you think that is old news (which it is!), have you heard about Amazon’s scanning technology capable of scanning the homes down below its… more
The UK Care Sector | Problem or Opportunity for Investors?
For investors considering the UK care sector, the Care Quality Commission (CQC) State of Care report released 10 October 2017 again raises alarm bells. Beds in nursing homes declined meaningfully, and funding pressures are causing a… more
Food & Beverage Litigation Update | October 2017 #3
FDA Warns Snyder’s-Lance About Iron Content Labels - The U.S. Food and Drug Administration (FDA) has sent a warning letter to Snyder’s-Lance, Inc. about the iron content of its Lance Toast Chee Crackers. The letter indicates that… more
U.S. House Of Representatives To Continue Legislative Push To Regulate The Internet Of Things
Representative Robin Kelly (D-IL), the Ranking Member of the Information Technology Subcommittee of the House Oversight and Government Reform Committee, is planning on introducing legislation to bolster cybersecurity surrounding the… more
[Video]Accelerator Attorneys and Advisors Can Help Through Tough Situations
JT Peters, co-founder and CEO of Truck Driver Power, describes how the advice he received from attorneys and advisors at his accelerator helped to avoid a potentially devastating situation… more
[Video]Entrepreneur Minute: Accelerator Attorneys and Advisors Can Help Through Tough Situations
JT Peters, co-founder and CEO of Truck Driver Power, describes how the advice he received from attorneys and advisors at his accelerator helped to avoid a potentially devastating situation. See more videos in Baker Donelson's… more
Return of the Living Dead: Could Unsuccessful California Bills Haunt Employers in 2018?
As discussed in our prior article, Governor Jerry Brown recently signed several significant labor and employment measures into law in California, including a statewide ban-the-box provision and an expansion of parental leave… more
UCC Update – Don’t Space Out on UCC-1s
It is impossible to understate the importance of using the correct name (and we mean the exact, correct name!) of the debtor on a UCC Financing Statement, and the dire consequences of getting that name wrong. A recent case from… more
CMS Clarifies Streamlined Submission to Self-Referral Disclosure Protocol for Physician Organizations
In an apparent effort to reduce redundancy, CMS issued an FAQ clarifying a simplified process for submissions to the CMS Voluntary Self-Referral Disclosure Protocol (SRDP) involving financial relationships with physicians who are… more
SB 396 Expands Sexual Harassment Training and Posting Requirements
The FEHA generally prohibits discrimination and harassment in the workplace. Among the FEHA’s existing provisions, employers with 50 or more employees must provide at least 2 hours of prescribed training and education regarding sexual… more
Federal Jury Returns $140 Million Punitive Verdict Against AbbVie In Second AndroGel Trial
As my colleague Andy Frey and I reported in an earlier post, an Illinois federal jury in July returned a $150 million punitive verdict against AbbVie without awarding the plaintiff any compensatory damages. That verdict is likely to… more
Advisors Need To Offer Education
Advisors ask me all the time of the role of education in participant directed 401(k) plans and it’s an important question. Participant directed 401(k) plans that are governed under ERISA §404(c) offer the plan sponsors liability… more
Whistleblower Protections
On 14 September 2017, the Parliamentary Joint Committee on Corporations and Financial Services reported to the Senate its recommendations for reform to Australia's whistleblower protections in the corporate, public and not-for-profit… more
Negligence in Preserving ESI Warrants Monetary Sanctions
N.M. Oncology & Hematology Consultants v. Presbyterian Healthcare Servs., No. 1:12-cv-00526 (D.N.M. Aug. 16, 2017). Because the defendant was merely negligent in producing discoverable information, the magistrate judge recommended… more
Is it a drug, device, biologic, or combination product? FDA issues final guidance on classification
On September 26, 2017, the Food and Drug Administration (FDA) published a final guidance document providing further clarity on how FDA classifies a product as a drug, device, biological product, or a combination product, entitled… more
Possession May Be Nine-Tenths of the Law - but Watch out for the Other One-Tenth
Prudential Insurance Company of America issued a life insurance policy on the life of Russell. Russell’s wife, Sherry, was the beneficiary. The policy contained $332,000 of term life coverage and $332,000 of accidental death coverage… more
New obligation to declare beneficial owner(s)
The Ordinance of 1 December 2016 (which implemented the European Anti-Money Laundering Directive of 20 May 2015) and the so-called "Sapin II Law" of 9 December 2016 introduced new obligations for companies. Companies must now identify… more
Cautionary tales from attempting to pierce the corporate veil – Two recent appellate decisions
In September 2017, both the Court of Appeal for Ontario and the Federal Court of Appeal (FCA) released decisions that affirm established principles about the separate legal personalities of corporations: Yaiguaje v. Chevron Corporation… more
AB 1008 Broadens Current "Ban-the-Box" Law to Apply to Private Employers
In 2013, California passed AB 218, the so-called “ban the box bill,” to impose certain limits on a public employer’s ability to consider or rely on criminal conviction histories of job applicants in hiring decisions. AB 1008 broadens… more
Court Rules LLC Members May Be “Fiduciaries In Fact”
U.S. District Court Judge Tena Campbell’s ruling in Strong v. Cochran, 2017 U.S. Dist. LEXIS 170073, is a reminder that sometimes what you do matters more than what you say. The case involved claims by the liquidating trustee for a… more
Retaliation 101
A recent opinion from the U.S. Tenth Circuit Court of Appeals involving Tulsa’s American Airlines facility serves as a reminder of the kind of evidence required to establish retaliation… more
Bridging the Week - October 2017 #4
CFTC Issues ABC’s on Virtual Currencies – Actually the Bitcoin, Ether and Ripple: Last week, the Commodity Futures Trading Commission’s LabCFTC issued a helpful overview of digital currencies, discussing what a virtual currency is and… more
New California Laws Prohibit Employers From Asking About Salary History
In a continuing effort to combat pay discrimination, Governor Jerry Brown recently signed AB 168 into law. Beginning January 1, 2018, all California employers are prohibited from seeking, by any means, salary history from an applicant… more
The New CFPB Consumer Protection Principles
On October 18, 2017, the Consumer Financial Protection Bureau (CFPB) issued a set of Consumer Protection Principles regarding the sharing and aggregation of consumers’ financial data. The timing of the announcement in light of last… more
Oregon OSHA Proposes to Increase Penalties
August 1, 2016, the federal Occupational Safety and Health Administration significantly increased the maximum penalties for violation citations. As a result of these changes, Oregon OSHA has proposed to increase the minimum and maximum… more
