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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
Is a Series LLC Right for Your Business?
The Series limited liability company (the “Series LLC”) is more nuanced than an ordinary limited liability company, and for the right user, it provides flexibility that will streamline administration better than other alternative… more
California Enacts New Law Expanding Parental Leave to Small Employers
On Thursday, October 12, 2017, California Governor Jerry Brown signed legislation that extends twelve weeks of unpaid parental leave to California employees who work for small businesses. The New Parent Leave Act applies generally to… more
Trump Announces New Iran Strategy, Decertifies Iran's Compliance with Iran Nuclear Deal
On Friday, October 13, 2017, President Trump announced that he would not certify that the suspension of sanctions pursuant to the Joint Comprehensive Plan of Action ("JCPOA") (commonly known as the Iran Nuclear Deal) is "appropriate… more
Fifth Circuit Relies on Escobar in Vacating $663 Million FCA Judgment
The U.S. Court of Appeals for the Fifth Circuit vacated a $663 million judgment, concluding that the Supreme Court’s opinion in Escobar doomed the plaintiff’s FCA claims on the issue of materiality… more
U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin – September 2017 Edition
The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity and… more
Break Fees Can Cause Broken M&A Deals
Given ongoing competition between buyers in a strong sellers’ market, the resilience of seller break fees as a feature of the European M&A market is surprising. According to the Latham & Watkins 2017 European Private M&A Market Study… more
Wildfires Rage: Insurance Advice for Recovery After the Smoke Clears
Some guiding principles, taken from decades of experience representing insurance policyholders in California and around the globe - The Wine Country fires, and the uncertainty of their cause, may complicate insurance recovery… more
EU expands sanctions against North Korea, as well as Russia and Libya
The EU has adopted a wide range of new sanctions measures against North Korea including a broad investment ban applicable across all sectors. In addition, the EU has designated certain Russian persons involved in a transfer of gas… more
Court of Appeal confirms jurisdiction over Zambia environmental damage claims against UK-domiciled parent and local subsidiary
The Court of Appeal last week upheld jurisdiction over claims by Zambian citizens arising from discharges from a copper mine. In Lungowe & Ors v. Vedanta Resources Plc & Anor [2017] EWCA Civ 1528, Jackson, Simon and Asplin LJJ… more
Insurance Claims and Autonomous Vehicles
The adoption of autonomous vehicles will have profound legal consequences for insurance claims and liability laws. As vehicles with increasingly sophisticated autonomous driving capabilities proliferate, industry experts expect… more
In the Wake of Equifax: What Auto Dealers Need to Know About Data Privacy
Following the recent Equifax data breach wherein millions of consumers’ private information may have been compromised, it is increasingly clear that consumer-interfacing businesses need to, and in some cases are required to, take steps… more
Professor Bainbridge Precises Corporate Philanthropy
Earlier this week, UCLA Law School Professor Stephen Bainbridge precised the question of corporate philanthropy. He notes “Virtually all states have adopted statutes specifically granting corporations the power to make charitable… more
Find those “missing” plan participants
Missing plan participants are usually only an issue when a retirement plan decides to terminate and wants to avoid dragging out the process and having to file another Form 5500… more
PTAB Extends Deadline to Decide IPR Motion to Amend in view of Aqua Products
The PTAB extended the deadline for issuing its IPR final written decision on a motion to amend by up to six months to provide additional time to consider the impact of the Federal Circuit’s recent en banc Aqua Products opinion in… more
Becoming the Focal Point: Using E-Discovery Process and Technology to Bring Value to Business Units and Upper Management
Tom Mullane is a veteran in the e-discovery industry, currently working as the E-Discovery Process Manager at United Technologies Corporation. UTC is a global company with various business units, a quarter of a million employees… more
Google Requests Contempt Order For $10,000 Sanctions Per Day Against…Google: eDiscovery Case Law
Last month, we wrote that Google went 0 for 2 in August in its request for review of warrant cases related to the Stored Communications Act of 1986 (SCA) and the order to produce ESI stored internationally that is subject to warrants… more
Texas Medical Board Proposes New Rules on Heals of Relaxed Telemedicine Laws
The Texas Medical Board recently proposed changes to its telemedicine regulations (22 Tex. Admin. Code §§ 174.1 – 174.12) to follow the amendments to Section 111 of the Texas Occupations Code governing the practice of telemedicine and… more
Endangered Species Act/Notice of Intent to Sue: Environmental Groups Allege Violations Associated with Highway Construction
The Center for Biological Diversity (“CBD”) sent an October 16th Notice of Intent to Sue for Violations of the Endangered Species Act (“ESA”) in regards to the Longmeadow Parkway, Huntley Road and Illinois Route 62 (“Project”), in Kane… more
Global In-House Centers in India, v2.0
GICs in India are evolving from cost-saving platforms into Innovation Centers for emerging digital technologies that can provide a competitive advantage. Recent years have seen a resurgence of interest in GICs in India across a wide… more
Shortage of Relief: Recent Disasters Highlight Multifaceted Drug Shortage Problem
• Nearly a month after Hurricane Maria swept through Puerto Rico, roughly 80 percent of the U.S. territory is still without electrical power. • The island is home to multiple drug manufacturing facilities that are directly affected… more
Frito-Lay Drops ‘All Natural’ Labels to Settle Class Action
To settle a class action challenging advertising for chips and dip products touted as “made with all natural ingredients,” Frito-Lay North America, Inc., has agreed to change its labeling… more
Third-Party Bad Faith Is Dead Again!
Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In State ex… more
Secured Mail Solutions LLC v. Universal Wilde, Inc. (Fed. Cir. 2017)
Patents Directed to Mail Barcodes Found to be Directed to Ineligible Subject Matter - Secured Mail Solutions LLC appealed from the U.S. District Court for the Central District of California's grant of a motion to dismiss on grounds… more
Reaping the Jurisdictional Whirlwind
Literally for decades plaintiffs in mass torts have employed the business model of flooding jurisdictions seen as friendly to them with more solicited plaintiffs than any court system can possibly handle. They have employed every… more
Certiorari Grant This Week on Email Providers Served with Warrant for Emails
The Internet has not only become a backbone for social and business commerce, but, it has become a vehicle to pursue nefarious purposes. Law enforcement and intelligence agencies, believing that material evidence is located outside the… more
Federal Court Finds Telephonic Access Could Be an Alternative to Website Accessibility
A federal district court in Los Angeles last week endorsed the possibility that a business may be able to avoid making a website accessible if it provides the same goods and services through telephonic customer service. The U.S… more
Is Your Business Insured Against A Cyber Attack?
Your business has insurance coverage for flood and fire damage. You are protected if an employee gets into a car accident. But are you covered for a cyber attack?… more
Energy and electricity cooperatives on the rise?
Could energy cooperatives or other alternatives to investor-owned utilities play a larger role in connecting consumers with electricity, heating fuel and other forms of energy? When used as an adjective, "cooperative" generally… more
Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members
The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread… more
Health Reform Rollercoaster
When POTUS signed the most recent executive order related to health care reform, it was only a small incremental step to direct the agencies to loosen some rules on health reform that will eventually impact the coverage available on… more
The 2017 Amendments to the Affordable Housing Land Use Appeals Act, General Statutes § 8-30g (Public Act 17-170)
Every year since 1990, when the Connecticut General Assembly first enacted the Affordable Housing Land Use Appeals Act, General Statutes § 8-30g, legislators have filed bills to repeal it, gut it, or substantially amend it. While… more
No Serious Irregularity in Arbitral Award for Failure to Take Account of Evidence
The English High Court recently dismissed a challenge to an arbitral award, holding that the tribunal’s alleged failure to take account of evidence did not amount to a serious irregularity under section 68 of the Arbitration Act 1996… more
Alabama Employers Take Note – Birmingham Joins Ranks of Cities with an Anti-Discrimination Ordinance
Last month, the Birmingham City Council passed an ordinance criminalizing discrimination in education, housing, employment, and public accommodations. The ordinance not only prohibits discrimination based on the federally protected… more
CFPB Files Complaint Alleging Debt-Relief Providers Misrepresented Affiliation with U.S. Government
On October 12, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it filed suit against two debt-relief companies and their owners, and a third company that processed payments for and provided other services in… more
Significant reforms to Australian competition law are about to commence
The most significant changes to Australia’s competition law in over 40 years will take effect in the coming weeks… more
