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California Passes Legislation on Chemical Ingredients in Broadly Defined “Cleaning Products”

Expanding upon a growing trend of federal and state laws focused on public-right-to-know and information-transparency policies that inform the public of what chemicals they are exposed to in products, California Governor Jerry Brown… more

Recent Deluge of California Legislation Imposes New Requirements on Employers

October 15th marked the deadline for Governor Jerry Brown to sign the numerous employment-related bills proposed during the California State Legislature’s 2017 legislative session. While many bills did not make the final cut, Governor… more

Window On Washington - This Week in the Nation's Capital - Vol. 1, Issue 31

Senate Adopts Budget Resolution Making Way for Tax Reform: The Senate on a party-line vote of 51-49 adopted its FY18 budget resolution that includes $5.1 trillion in spending reductions and instruction for reconciliation for… more

A model Customs case in China: creating the right conditions for effective IP enforcement by Chinese authorities.

In May 2016, the General Administration of Customs (“GAC”) and the Public Security Bureau (“PSB”) jointly uncovered large amounts of counterfeit automobile engine lubricants. The lubricants were first sold on e-commerce platforms and… more

Private Wealth Updates - Fall 2017

The gift tax annual exclusion will increase from $14,000 to $15,000 next year, allowing donors to give up to $15,000 ($30,000 combined for married couples) per donee each year without incurring gift tax or using lifetime gift and… more

Deception and Unfair Practices Come Preinstalled

Lenovo, a manufacturer of personal computers, recently agreed, among other things, to implement a software security program in a settlement with the Federal Trade Commission (FTC) over issues with third-party software preinstalled on… more

Parens Patriae Representative Suits by State AGs: Parental Help with Strings Attached

Parens patriae is a Latin term which literally means “parent of the fatherland.” In parens patriae actions, a state sues on behalf of its citizens. The rights of the states to do this was first established in 1900 in Louisiana v… more

Consumer credit restructurings - industry on high alert

There have been a number of smoke signals in the last few months around the increase of consumer debt in the UK and a focus on those firms providing consumer credit across the credit spectrum but particularly in the "sub-prime" or… more

Yes, Virginia, There Is a Reverse False Claim

The False Claims Act has a scienter requirement: it makes it illegal to knowingly present a false claim to the government. So if a company innocently presents a false claim, it can’t be guilty of violating the Act, right? Well, not… more

D.C. Circuit Opinions Call into Question FINRA’s Ability to Impose “Capital Punishment” on the Securities Industry

The D.C. Circuit on October 13, 2017, issued an order remanding to the SEC a question involving an application of the Supreme Court’s recent decision in Kokesh v. SEC: whether FINRA’s imposition of a lifetime bar on a registered… more

New Vacancy at CPSC as Commissioner Joe Mohorovic Departs for Dentons

Last week, CPSC Commissioner Joseph Mohorovic, one of the two Republicans on the five-person Commission, announced that he would be ending his term as Commissioner two years early to join the Federal Regulatory and Compliance practice… more

Harper Amendments to Australia's Competition Laws Passed: ACCC Heralds a "New Era" in Competition Law

On 18 October 2017, Australia's Parliament passed into law long-awaited legislation to amend Australia's competition laws. The passing of the Competition and Consumer Amendment (Competition Policy Review) Bill 2017 and the… more

OSHA Still Considering Revising Electronic Recordkeeping Rule

With the December 1, 2017 deadline fast approaching for covered employers to electronically submit injury and illness records to OSHA, the Agency has indicated that it is close to completing its review to the Obama-era Improve Tracking… more

Finance Industry Seeks to Preliminarily Enjoin CFPB Arbitration Rule

In an important development in the federal court lawsuit by industry groups seeking to overturn the CFPB’s arbitration rule, the plaintiffs recently filed a motion for a preliminary injunction… more

Health Alert (Australia) 16 October 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales (NSW) 6 October 2017 - City of Ryde Council v Principal Healthcare Finance Pty Ltd (No 2) [2017] NSWLEC 134 - PRACTICE AND… more

Cheerios Yellow Box Rejected For Trademark Registration

In a precedential decision on August 22 2017, the Trademark Trial and Appeal Board (TTAB) in In re General Mills IP Holdings II, LLC (Serial 86757390) held that the applicant did not provide sufficient evidence to support the claim… more

Recent Merger Reflects Enhanced Need for Revenue Cycle Management Platforms

Two of the nation’s most noteworthy companies in the Revenue Cycle Management (“RCM”) technology space, Navicure Inc., and ZirMed Inc., announced a merger on September 14, 2017… more

Sixth Circuit Cries Foul on Post-Termination Repayment of Recoverable Draw

Seyfarth Synopsis: A common feature of many a commission plan is the recoverable draw that is offset against future commissions. The DOL has long held this is a permissible way to satisfy the minimum wage requirement. In a recent… more

Airline Cargo Company Sued Under Illinois Biometric Law

Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent… more

Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation

On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act (ADA). The… more

White House Exploring Model Program for Shared Federal and State Regulation of Drone Operations

One of the major issues facing the commercial drone industry is the lack of certainty in the regulatory environment. Multiple state and local municipalities have passed drone related laws and ordinances, but as the recent decision in… more

Don't Get Overtaxed: Successful Tax Assessment Challenge Shows Benefits of Apartment Owner Due Diligence

By statute, a variety of property types are assessed based on specific approaches to value – in some cases, at the lowest value indicated by a number of valuation approaches. Apartments are one such property type and, as investors bid… more

Emergency Regulation Confirming the 13-Hour Payment Rule for Live-In Home Care Aides Working 24-Hour Shifts to be Followed by Confirmation of Retroact

On Friday, October 6, 2017 the New York State Department of Labor (NYDOL) used its “emergency” regulatory power to amend its Minimum Wage Order for Miscellaneous Industries and Occupations, relating to home care workers assigned to… more

When Does the Race Start? New York Department of Environmental Conservation Requests Rehearing of Federal Energy Regulatory Commission Order that the State Waived Jurisdiction Over Water Quality Certification Review

Following the Federal Energy Regulatory Commission (FERC)’s Declaratory Order that the New York State Department of Environmental Conservation (DEC) failed to timely act on an application for a Water Quality Certification under Section… more

IRS Announces 2018 Retirement Plan Numbers

The Internal Revenue Service has just announced the limits on retirement plan contributions and benefits for 2018. The limit on 401(k) contributions will be $18,500, an increase from $18,000 per year. The catch-up contribution… more

NGOs and Farmworkers File Motion for Expedited Briefing and Hearing in Chlorpyrifos Litigation

On October 13, 2017, Petitioners League of United Latin American Citizens (LULAC), et al. filed a motion to expedite briefing and hearing in League of United Latin American Citizens v. Pruitt, Case No. 17-71636 (9th Cir. June 5, 2017)… more

California Governor Signs Bill Restricting “ICE” Access To Worksites

On October 5, 2017, California Governor Jerry Brown signed Assembly Bill 450 into law. This bill requires a warrant for employers to allow immigration enforcement agents to enter a worksite. Background- Current law prohibits… more

California Waves Goodbye to Salary History

On October 12, 2017, California joined a growing trend of jurisdictions attempting to address pay disparities by enacting a law that bans employers from seeking salary history information, including compensation and benefit… more

Third Circuit Ruling Gives Employers Some Relief On “Willfulness” Claims In FLSA Collective Actions

In every FLSA class action I have defended (as well as every demand letter I have seen on this subject) the plaintiff’s lawyer always alleges that the violations were “willful.” It does not matter what the facts are. No, they say, the… more

TSX Adopts New Website, Equity Compensation Plan Disclosure Requirements

On October 19, 2017, the Toronto Stock Exchange (TSX) announced that it has adopted, and the Ontario Securities Commission has approved, the following amendments to the TSX Company Manual: (i) the introduction of website disclosure… more

President Trump Nominates Joseph Simons to Lead FTC

On October 19, President Trump formally announced his nomination of Joseph Simons to serve as Federal Trade Commission Chair for a seven-year term. Simons would assume the chairmanship of the agency in lieu of Acting Chair Maureen… more

Budget Update

The state budget stalemate continues nearly four months after the due date, but this week we finally saw some movement toward wrapping up the work on the 2017-2018 revenue package. First, the General Assembly checked one item off the… more

New California Law Prohibits Asking Job Applicants About Their Salary History

A new California law (AB 168) was signed by Governor Jerry Brown on October 12, 2017 that prohibits employers from inquiring about the salary histories of its job applicants. AB 168, which takes effect on January 1, 2018, and applies… more

New Obstacles Emerge in NAFTA Negotiations

As the fourth round of NAFTA negotiations were completed in Washington on Tuesday, October 17, 2017, significant new obstacles to the trade talks are emerging. As a result, the fifth round of talks has been postponed until… more

How Animal Rescue Organizations Perpetuate Irresponsible Dog Breeding (And Related Issues) Part 2

Rescue Road Trips, inc. (the Rescue), as previously described, transports dogs from the south to the northeastern states for sale/adoption. The Rescue states that- "No exchange of payment may occur within the boarders [sic] of the… more

2018 Cost Of Living Adjustments For Retirement Plans

The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations for retirement plans and Social Security generally effective for Tax Year 2018 (see IRS Notice 2017-64). Most notably, the… more

National Survey On Marijuana Laws And Regulations

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New York… more

2018 Cost-of-Living Adjustments for Retirement and Other Benefit Plans

The IRS recently announced the 2018 cost-of-living adjustments to various benefit and contribution limits applicable to retirement plans and welfare plans… more

Repayment Delay Fuels Whistleblower Settlement

On October 13, 2017, the United States Department of Justice (DOJ) revealed that First Coast Cardiovascular Institute, P.A. (FCCI) entered into a Settlement Agreement with the federal government and the State of Florida requiring FCCI… more

California and New York Require Manufacturers to Disclose Ingredients in Cleaning Products

On October 15, 2017, California Governor Jerry Brown (D) signed the Cleaning Product Right to Know Act of 2017 (S.B. 258). The new law requires manufacturers of cleaning products to disclose certain chemical ingredients on the product… more

Part 1: Trademarks 101 – Building and Protecting Your Food & Beverage Brand

So you’ve got an idea for a food or beverage product or maybe even a product ready to go – but do you know how to build your brand? And better yet, how to protect that brand? This week we hosted the first of a three-part workshop… more

What To Avoid In Hiring Plan Providers As 401(k) Fiduciaries

A plan sponsor has so many things to do in running a business that they often forget that as a 401(k) plan sponsor, they are also a plan fiduciary. Being a plan fiduciary requires the highest duty of care in equity and law. So to… more

OSHA Injury Tracking Application Up & Running

On August 16th we reported that OSHA had suspended user access to its new Injury Tracking Application (“ITA”) that serves as the web portal for the submission of injury and illness information under OSHA’s “Improve Tracking of… more

Chief Judge Stark Denies Prevailing Party’s Motion For Attorneys’ Fees And Expenses In ANDA Action

By Memorandum Order entered by The Honorable Leonard P. Stark in Reckitt Benckiser LLC v. Aurobindo Pharma Limited et al., Civil Action No. 14-1203-LP (D.Del. October 16, 2017), the Court denied Defendants motion for attorneys’ fees… more

Privacy Progress Report: Key Findings From the EU-U.S. Privacy Shield's First Annual Review

On October 18, 2017, the EU Commission released its report of the first annual review of the EU-U.S. Privacy Shield framework. The Privacy Shield is the successor of the Safe Harbor Agreement which was invalidated by the Court of… more

News from Second & State

Weekly Wrap - Beyond the budget, there was some significant legislative activity. First, on Monday the House Education Committee reported out two noteworthy bills; H.B. 1386 (Hill, R-York), which would update teacher certification… more

2017 SNO Conference Will Be Held November 5-7

The Sixth Sustainable Nanotechnology Organization (SNO) Conference will be held November 5-7, 2017, in Los Angeles, California. According to SNO, the Conference sessions represent a hybrid of topics on selected “systems” that… more

Clocking In: Scheduling Laws Popularity on the Rise

In a trend that is gaining steam across the country, multiple cities and states have, or are considering adopting, laws that impose conditions and penalties on employer scheduling practices, otherwise known as “scheduling laws.”… more

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

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