December 17, 2017

December 15, 2017

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December 14, 2017

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taxes, congress, government bonds
Signaling the end of our six-week ride in a runaway cement mixer, the Conference Committee for the Tax Cuts and Jobs Act has released its... Read More >
NLRB, Obama-Era Decisions, Overturned
Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling... Read More >
handshake, Union, Litigation
In a stunning development, the National Labor Relations Board has overruled Specialty Healthcare, the so-called “micro-unit”... Read More >
handshake, Union, Litigation
In a stunning development, the National Labor Relations Board has overruled Specialty Healthcare, the so-called “micro-unit”... Read More >
social, host, party, alcohol
The company was hosting its annual holiday party.  The company had arranged to hold the event that Saturday night in a hotel ballroom. ... Read More >
ISP, Internet Service Provider, FCC, Net Neutrality, Digital Health Solutions
Today, as expected, the U.S. Federal Communications Commission (“FCC”) adopted an order repealing the agency’s 2015 net neutrality... Read More >
Security, Privacy, GDPR, Facebook, Whatsapp
Nearly one year after it was first warned its privacy practices were inadequate under European law, popular messaging platform WhatsApp has been... Read More >
employee rights, benefits
On December 14, 2017, in The Boeing Company, the National Labor Relations Board (NLRB) reversed the... Read More >
Earlier this evening, the conference committee considering the tax reform bills previously passed... Read More >
gavel, immigration, IEP, Entrepeneur Visa
The DHS is giving with one hand and taking with the other. In response to the December 1, 2017... Read More >
visa application, laptop
On December 14, 2017, the Office of Information and Regulatory Affairs (OIRA) released the Fall... Read More >
credit cards, uk, mastercard
Two major developments in Walter Hugh Merricks CBE v. MasterCard Inc. – one of the UK’s first-ever... Read More >

Federal Court News

NLRB, seal, precedent

On the eve of Chairman Miscimarra’s departure, the Board has been churning out decision after decision, many of them reversing...

emloyee handbook, policies, Section 7 rights

We have noted many times over the years how the NLRB’s zeal to review employer policies, or more correctly, fragments of employer policies, for lawfulness has led to ...

whistle outline, whistleblowing, maryland

The U.S. District Court for the District of Maryland recently denied a motion for summary judgment in a whistleblower retaliation claim under the Consumer Financial Protection Act of 2010 (CFPA), Section 1057 of...

NLRB, Workplace, Joint-employer, BIF Test, Standard

Yesterday, the National Labor Relations Board (“Board”) overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”) and returned to the pre-BFI standard that governed joint employer...

fintech, new york, occ

The US District Court for the Southern District of New York (SDNY) has dismissed without prejudice the fintech charter lawsuit brought by New York Department of Financial Services (NYDFS) Superintendent Maria T....

Pre-Obama, NLRB, Quickie Election, Joint-employer

It should come as no surprise that recent days have seen a stream of significant decisions and other actions from the National Labor Relations Board as Board Chairman Philip A. Miscimarra’s term moves towards its December 16,...

State Court News

Intercredit Draft, Banks, Lender, Lending Status, Priority Lender

Given the increasing prevalence of intercreditor agreements in commercial finance transactions, lenders and counsel should be aware of an important 2017 Illinois appellate court decision, Bowling Green Sports Center v. C.A....

Contract, Indemnification, Risk Allocation, Insurance, Indiana

A recent Indiana Court of Appeals decision illustrates the importance of having an overall risk allocation strategy in contracts where appropriate, and paying close attention to the language used to express that strategy,...

Insurance, Liability Cap, New York, Second Circuit

An interesting trend has emerged from the New York Court of Appeals.  In several recent cases, parties have asked the court to declare that a bright line rule of construction or presumption arises in every case where an...


ctfc, eu, swap dealer

On December 8, in response to a request by the European Commission (EC), the Commodity Futures Trading Commission issued an order exempting certain multilateral trading facilities (MTFs) and organized trading facilities (OTFs)...

EU, Finance, Digital Money

On December 11, at the request of the Futures Industry Association (FIA), the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (Division) issued an interpretive letter regarding the “...

business people, fca, uk

On December 13, the UK Financial Conduct Authority (FCA) published three consultation papers (CPs) on the transition from its existing Approved Persons Regime (APR) to the new Senior Managers and Certification Regime (SM&CR...