October 13, 2015

October 13, 2015

October 12, 2015


Affordable Care Act’s Reporting Requirements for Carriers and Employers
Compliance with the Affordable Care Act’s (ACA) employer shared responsibility rules requires that applicable large employers identify their... Read More >
US District Court Blocks BLM Rule For Hydraulic Fracking On Federal And Tribal Land
On September 30, 2015, the US District Court for the District of Wyoming preliminarily enjoined the US Bureau of Land Management (BLM... Read More >
Health Care Workers in California Now Allowed to Waive Meal Period
On October 5, 2015, Governor Jerry Brown signed into law a bill confirming that employees in the health care industry can waive one of their two... Read More >
Lessons (and Wisdom) of Rihanna
Everyone these days seems to think they are entitled to more money, from the United States Department of Labor (DOL) claiming that there really are... Read More >
DoD Issues Targeted Class Deviation Updating Recently Adopted Cybersecurity DFARS Clauses
Last week, on October 8th, DoD issued a class deviation replacing DFARS 252.204-7012 and 252.204-2008 with revised clauses that give... Read More >
EPA's Lower Ozone Standard Will Disproportionately Impact the Intermountain West
On October 1, 2015, EPA finalized the new primary National Ambient Air Quality Standard (NAAQS) for Ozone at 70 parts per billion (ppb), which is... Read More >
Three-Bill Package Makes Revisions to California’s Data-Breach Notification Statute
On October 6, 2015, California Governor Jerry Brown signed into law a trio of bills that is intended to clarify key elements of the state’s... Read More >
Vermont GMO Battle Continues in Second Circuit
The Second Circuit Court of Appeals is currently in the midst of an interlocutory appeal by the Grocery Manufacturer’s Association (“GMA... Read More >
Cairn Energy Compels India to Engage in Arbitration Proceedings
Cairn Energy’s investment arbitration proceedings against India recently demonstrated the... Read More >
No Medical Evidence Required for Appointment of a Conservator
Imagine that you have just discovered that your father has received several unsolicited emails... Read More >
European Commission Publishes Action Plan on Building Capital Markets Union
The CMU is intended to strengthen access to public markets in the European Union, particularly for... Read More >
ARB Rules That Secret Recording of Workplace Conversations Can Be Protected Whistleblowing Activity
On September 28, 2015, the U.S. Department of Labor Administrative Review Board (“ARB”) held that... Read More >

Federal Court News

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for Disability Discrimination

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability discrimination...

SEC Charges Investment Adviser for Failure to Disclose Acceleration of Monitoring Fees and Discounts on Legal Fees

On October 7, 2015, the Securities and Exchange Commission (the “SEC”) announced that three private equity fund advisers...

FirstNet Draft Cyber Appendix

FirstNet’s initial draft request for proposals (RFP) in April 2015 discussed cyber security objectives pertaining to the...

PTO Litigation Center Report – October 13, 2015

Listed below are all new filings before PTAB of requests for inter partes review (IPR) and covered business methods review (CBM).  Since the last report, no new requests for ex parte reexamination at the USPTO...

FMLA Leave Is Not The Time To Reevaluate Employee’s Position

An employee’s extended FMLA leave can often reveal interesting business realities. Perhaps the employee wasn’t performing as well as you previously thought. Or maybe the work can easily be done by others. Despite what you learn...

State Court News

California Joins Other States with the Passage of CalECPA

Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several...

California Governor Vetoes Bill Prohibiting Mandatory Employment Arbitration Agreements

Employers can breathe a big sigh of relief for now: Governor Jerry Brown vetoed SB 465, which threatened to outlaw...


Noncompetes In Mexico

I recently had occasion to look into Mexican law regarding non-competition agreements. For those who are unfamiliar with Mexican noncompete law, it can be summarized succinctly: see California. Like...

On 1 October 2015, the Loan Market Association (LMA) published a revised version of its single currency secured and unsecured term facility agreement for use in East Africa (Kenya, Tanzania and...

Monthly China Anti-Bribery Update Report — September 2015

1. New laws or regulations

State level: No developments.

Local level (Beijing & Shanghai): No developments.

Communist Party Rules: No...