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Supreme Court Decides Upper Skagit Indiana Tribe v. Lundgren

by Faegre Baker Daniels on

On May 21, 2018, the Supreme Court of the United States decided Upper Skagit Indiana Tribe v. Lundgren, No 17-387, holding that its prior decision in County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502...more

The United States Supreme Court Provides Another Arrow for Employer’s Quivers

by Taylor English Duma LLP on

On May 21, 2018, the United States Supreme Court continued its work in evening the playing field for employers under the Fair Labor Standards Act (“FLSA”). In Epic Systems Corp. v. Lewis, the Court held that arbitration...more

Carajo – There’s Gold in Them Thar Hills!

by Gerald Nowotny on

The New Gold Rush- The Use of Private Placement Insurance Products for Managing Bitcoin and Other Crypto-Currency Trading - Overview - Someday when CNN creates a documentary of the early 21st century, the story of...more

Do Well By Doing Good – Family Businesses and Philanthropy

by Davis Wright Tremaine LLP on

Family business legacy planning involves many considerations, such as training, timing, and transferring of interest. Another component of this planning should entail the long-term vision of philanthropic goals for future the...more

Sentencing Court Must Provide Sufficient Reasons for Sentence Imposed to Determine if Factual Error Influenced Sentence

In United States v. Derek Armstrong, 18-368, the Second Circuit (Sack and Raggi, with Kaplan by designation) issued a summary order vacating a three-month prison sentence imposed on the defendant by the U.S. District Court...more

US and China Trade Talks Progress

by Cozen O'Connor on

A trade war between the U.S. and China has been avoided. Both countries have been threatening each other with tariffs for the past couple months, while many economists and experts worry about an impending trade war. ...more

Supreme Court Upholds Lawfulness of Class and Collective Action Waivers in Arbitration Agreements

by Littler on

The Supreme Court has weighed in: class and collective action waivers in arbitration agreements are lawful and must be enforced under the Federal Arbitration Act (FAA). ...more

Arizona Expands Its Data Breach Notification Statute

by BakerHostetler on

Effective August 1, 2018, the House Bill 2154 recently signed by the Arizona governor will expand the current Arizona data breach notification law. Following the trend of other states, the amended statute expands the...more

Derailing the Gravy Train – Trump Unveils Plan to Reduce Drug Prices

Throughout his presidential campaign, President Trump championed the need to allow the government to negotiate drug prices on behalf of the Medicare program. However, that third rail for pharmaceutical companies was not...more

Superstore: America Ferrera Tackles Big-Box Retail

by FordHarrison on

In Superstore, NBC has gifted us The Office-caliber employment law issues in a big-box retail setting. The show focuses on the fictional Cloud 9 Superstore in Missouri and its delightful staff of misfits, led by America...more

California Consumer Privacy Act Likely to Appear on Ballot in November

Businesses are understandably focused this week on the looming effective date for the European Union’s General Data Protection Regulation (GDPR). For U.S. businesses, however, a proposed law closer to home would raise similar...more

Potential Issues for “Not Yet Practicing” PTAB Petitioners: Constitutional Requirements for Appealing PTAB Decisions

by Orrick - IP Landscape on

Order Reversing-In-Part, Vacating-In-Part, and Remanding, Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc., Appeal No. 2017-1487 (Fed. Cir. May 2, 2018) (Judge Evan J. Wallach) - Occasionally, a company may file a...more

Another Judge Refuses To Apply Anti-SLAPP Statute In Federal Court Diversity Case

by LeClairRyan on

For those hoping that, after the DC Court of Appeals’ Mann decision, DC federal district judges would again apply the DC anti-SLAPP statute in a diversity suit, as multiple judges had done before the DC Circuit’s Abbas...more

Implications Of The Impending Termination Of Temporary Protected Status For Hundreds Of Thousands And Related I-9 Compliance...

On May 4, 2018, the U.S. Department of Homeland Security announced that it will terminate Temporary Protected Status (TPS) for immigrants from Honduras. The effective date will be January 20, 2020....more

U.S. Companies With Global-Reach Take Note: GDPR Is On The Fast-Approaching Horizon

by SmithAmundsen LLC on

On May 25th, a monumental data-breach land shift will occur. As the U.S. kicks-off Memorial Day celebrations, residents of the European Union will enjoy the first days of enforcement of the EU’s General Data Protection...more

Supreme Court: Class Action Waivers In Employment Arbitration Agreements Do Not Violate Federal Labor Law

by Jackson Lewis P.C. on

Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v....more

South Carolina Pregnancy Accommodations Act

The South Carolina Pregnancy Accommodations Act was signed into law on Friday, May 18, 2018. The Act amends the South Carolina Human Affairs Law. In passing the legislation, the General Assembly stated,-...more

Supreme Court Rules Class Action Waivers In Employment Arbitration Agreements Valid

by Jackson Lewis P.C. on

Class action waivers in employment arbitration agreements do not violate federal law, the U.S. Supreme Court has ruled in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst &...more

Expansion of TTB Wine Excise Tax Credit “Alternate Procedure”

by Davis Wright Tremaine LLP on

This advisory is an update to DWT’s prior advisory on the Tax Cuts and Jobs Act of 2017 (the “Act”), dated March 7, 2018. On May 17, 2018 the TTB formally expanded the use of the “alternate procedure” or “transfer by...more

Shifting Business Activities Between Related Entities?

by Farrell Fritz, P.C. on

Metamorphosis- By now, most readers have heard about the benefits and pitfalls of “checking the box” or of failing to do so. Of course, I am referring to the election afforded certain unincorporated business entities to...more

Specific Personal Jurisdiction Exists over a Foreign Transferee in a Fraudulent Transfer Action

The United States Bankruptcy Court for the Northern District of California recently held that a resident of Hong Kong who purchased goods over the internet from a company in California was subject to personal jurisdiction in...more

Window On Washington - Vol. 2, Issue 20

by Clark Hill PLC on

Outlook for This Week in the Nation's Capital - Farm Bill Re-vote? Last week’s vote on the farm bill failed after the Freedom Caucus refused to support the measure. A roll call vote on the motion to reconsider was postponed...more

Cocky Controversy Roils Romance Community

by Fox Rothschild LLP on

Alarm bells rather than wedding bells are ringing in the insular but passionate world of romance novels as authors and publishers grapple with the question whether an author can claim exclusive rights to use “cocky” in book...more

Michigan Court of Appeals Again Addresses When Teachers May Challenge Their Evaluations

by Clark Hill PLC on

In June of 2015, the Michigan Court of Appeals decided Summer v Southfield Board of Education (“Summer I”), addressing the circumstances and bases under which a teacher may challenge his or her annual evaluation as a result...more

Supplying Products & Managing Margin Down Under: Online Price Erosion Strategies for Product Manufacturers in Australia and New...

by K&L Gates LLP on

The Australian and New Zealand markets present a dilemma for manufacturers. Both are highly developed economies with wealthy, well-educated consumers who are amongst the world's most enthusiastic adopters of new technologies....more

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