March 27, 2015

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FEATURED ARTICLES

Why EB-5 Legislative Reform is Very Possible This Congress
EB-5 has been alive for 25 years. As part of the program’s silver anniversary celebration, we should be working diligently towards making the... Read More >
Cross-Device Tracking: The New World
Facebook does it.  Google does it.  It’s everywhere in the mobile ad ecosystem.  And your smartphone... Read More >
Email Marketing Best Practices for Law Firms
Email marketing still remains the #1 way to reach clients and prospects with a branded message. According to the 2014 Pew Internet &... Read More >
EEOC Takes First Step Toward Issuing Rules on Employer-Sponsored Wellness Plans
On March 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) announced its submission of a notice of proposed rulemaking... Read More >
Employers Take Note: The Supreme Court’s Game-Changing Decision in Young v. UPS
Earlier today, the Supreme Court issued a much-anticipated decision in the closely watched case of Young v. UPS, holding that a plaintiff may be... Read More >
Federal Motor Carrier Safety Administration
Recently, the Federal Motor Carrier Safety Administration (“FMCSA”) released a crash accountability study that focused on whether... Read More >
Supreme Court Clarifies Liability for Statements of Opinion in Registration Stat
The U.S. Supreme Court ruled today that a statement of opinion in a registration statement cannot be actionable as a misstatement of fact under... Read More >
NLRB “Quickie Election” Rule Accelerates the Union Organizing Process
In December 2014, the National Labor Relations Board (“NLRB”) announced new rules governing “Representation—Case Procedures.... Read More >
NLRB Shows No Signs of Releasing Its Death Grip on Employer Handbooks
Calling the analysis of handbook rules an “evolving area of law” (i.e. whatever the... Read More >
SEC's New Regulation A+ and the States' M Word
The changes mandated to Regulation A in the JOBS Act are among the least heralded yet most... Read More >
1.7 M Connecticut Residents Impacted by Anthem Data Breach
On January 29, 2015, Anthem, Inc. discovered that it had been the victim of a sophisticated... Read More >
OFCCP Webinar Discusses Federal Contractor LGBT Obligations
This week OFCCP hosted Webinars on federal contractor obligations with respect to sexual... Read More >
Reasonable Royalty Damages in Copyright: Gaylord v. United States
Addressing for the issue of the reasonable royalty from a hypothetical negotiation for copyrights,... Read More >

Federal Court News

FINRA Seeks Comment on Proposal Requiring Registration of Associated Persons Who

As part of its ongoing market structure initiatives related to, among other things, automated trading activities, the Financial Industry Regulatory Authority (FINRA) has issued a proposal that would...

Clarifying that undue prejudice is a distinct requirement of the acquiescence defense, the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s finding of acquiescence where...

Clients who distribute their products or services, in large part, through the use of the Internet should take note of a recent federal court decision under the Americans with Disabilities Act (ADA). If...

High Court’s Pregnancy Bias Decision Creates a New Standard

In a 6-3 opinion, the U.S. Supreme Court vacated a decision that rejected a Pregnancy Discrimination Act (PDA) claim against the employer for failing to provide light duty...

The Conundrum of Following Clauses in Reinsurance Contracts

A case just decided by a New York intermediate appellate court highlights the confusion a casual (or even a seasoned) observer often faces when trying to determine if a provision in a reinsurance...

Focus on Patent Quality

Any system of property rights functions best when all parties know the metes and bounds of the property.  Our patent system is no different, and that is why the ongoing, two-day Patent Quality Summit at the ...

State Court News

PA DEP Reproposes Rules for Oil and Gas Wells – Industry Concerns Increase

As was previously noted on this blog site, the PA Department of Environmental Protection embarked on an effort several years ago to revise its Chapter 78 rules pertaining to the permitting and...

California Court of Appeal Lowers the Bar on Ascertainability Requirement in Con

In Aguirre v. Amscan Holdings, Inc., Case No. 073059, 2015 Cal. App. LEXIS 214 (Cal. Ct. App. Feb. 11, 2015), a California Court of Appeal reversed the denial of certification...

New Virginia Law Eases Pursuit of Anonymous Internet Defamers

This month, Virginia enacted a law designed to make it easier for victims of anonymous Internet defamation to bring suit against those who have defamed them. ...

INTERNATIONAL LAW NEWS

EU Announces E-Commerce Sector Inquiry
by: Miranda Cole and Nicoleta Tuominen of Covington & Burling LLP

Competition Commissioner Margrethe Vestager announced today during a speech at the Bundeskartellamt (German Competition Authority) International Conference on Competition...

UK holiday pay decision not as clear-cut as it looks
by: David Whincup of Squire Patton Boggs (US) LLP

The long-awaited decision of the Leicester Employment Tribunal in Lock v. British Gas was issued yesterday.  It confirmed, as everyone knew, that holiday pay would have...

Retention of Title Agreements as Creditor Protection Against Insolvent German Cu
by: Andreas Lehmann of Squire Patton Boggs (US) LLP

This post addresses the question of how retention of title (“ROT”) provisions are effectively agreed to as part of the contractual relationship between a supplier...