Few price manipulation cases brought by the Commodity Futures Trading Commission (CFTC) ever go to trial. The CFTC case filed against the trading firm DRW Investments LLC (and its CEO) was the exception to that rule and would be… more

Revised Definition of "Waters of the United States" - Proposed Rule - "The agencies' proposal is the second step in a two-step process to review and revise the definition of 'waters of the United States' consistent with the February… more

Sponsorship Brochure for That 401(k) Conference at Dodger Stadium, Los Angeles, CA, Friday, February, 22, 2019… more

On October 26, 2018, CMS published Transmittal 839 (Change Request 10789) in the Medicare Program Integrity Manual (Pub. 100-08, Chapter 4/4.5 – 4/4.5.5). This Transmittal is meant to convey instructions to Medicare Administrative… more

Focus - Behind-the-meter solar PV and energy storage set to shift California time-of-use rates - MICROGRID KNOWLEDGE - Dec 12 A new white paper from Enel X explores how behind-the-meter solar PV and energy storage are aligning to… more

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we are using the next "12 days of the… more

Legislative Priorities - It is expected that both the House and Senate will begin the 116th Congress with a focus on higher education. Both the Senate Health, Education, Labor, and Pensions (HELP) Committee as well as the House… more

The State of New York's Appellate Division for the Second Department has now addressed the issue of whether a lender's voluntary discontinuance of a judicial foreclosure action, whether by court order or stipulation of the parties, is… more

Offering a separate website for those with disabilities does not comply with the U.S. Department of Transportation’s (DOT) website accessibility requirements, the agency made clear with a $200,000 fine to the Scandinavian Airlines… more

On December 11, 2018, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“USACE”) announced the long-awaited replacement rule for the 2015 “waters of the United States” rule (“WOTUS I”). In effect, the 2015… more

The National Futures Association (NFA) recently proposed an interpretive notice that would require members that are commodity pool operators (CPOs) to adopt and implement internal controls systems designed to deter fraudulent activity… more

On December 3, 2018, the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Financial Crimes Enforcement Network (“FinCEN”), National Credit Union Administration, and Office of the Comptroller of… more

Federal Circuit Summary - Before Moore, Chen, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: Obviousness-type double patenting does not invalidate an otherwise validly obtained… more

On December 10, 2018, Olympus Medical Systems Corporation and a former quality manager at the company pleaded guilty to introducing misbranded medical devices into interstate commerce in violation of the Federal Food, Drug and Cosmetic… more

On December 4, 2018, the Eleventh Circuit partially reversed the dismissal of Hi-Tech Pharmaceuticals’ suit against HBS International Corp. for alleged violations of the Lanham Act and Georgia’s Uniform Deceptive Trade Practices Act… more

A lawsuit has been filed by the attorneys general of 12 states against a company called Medical Informatics Engineering (MIE) arising out of a 2015 data breach involving stolen medical records for millions of individuals. The complaint… more

Lyons v. O’Quinn, No. 16-17069, 2018 WL 4031032 (11th Cir. Aug. 23, 2018). In this appeal of a personal injury case, the plaintiff asked the Eleventh Circuit to reverse the district court’s order dismissing his lawsuit as a… more

On December 4, 2018, the Federal Trade Commission (“FTC”) announced that it is seeking comment on whether to change the “Red Flags Rule” and the “Card Issuers Rule” (the identity theft rules codified at 16 CFR Part 681) as part of the… more

The Securities and Exchange Commission has amended its rules to require broker-dealers to disclose more information about their order routing practices. The changes are intended to help investors better understand how their… more

Airlines and airline associations have broadly welcomed ICAO’s new carbon offsetting scheme, scheduled to commence on January 1, 2019. However, the scheme’s Standards and Recommended Practices (the SARPs) impose an immediate compliance… more

A recent chapter 15 decision by Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) suggests that third-party releases susceptible to challenge or rejection in chapter… more

Here it is..… more

Will thousands of H-1 cap petitions be received by USCIS Service Centers on Monday, April 1, 2019, or will online pre-registrations during the month of March make Monday, April 1 a quiet day at USCIS?… more

New Jersey’s greatest contribution to American rock ’n’ roll, Bruce Springsteen, was nearly relegated to obscurity by a marijuana bust involving his bandmates. Rock legend has it that one of The Boss’ early bands, the Castilles, was… more

The plaintiffs (“Plaintiffs”) in Gunter-King v. Wells Fargo Bank, N.A., Civil Action No. 18-11316 (JBS/JS), 2018 U.S. Dist. LEXIS 209443 (D.N.J. Dec. 12, 2018), defaulted on their loan obligation on or about July 2012 and a foreclosure… more