September 19, 2018

September 19, 2018

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September 18, 2018

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September 17, 2018

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FEATURED ARTICLES

DOE drafts sexual misconduct, title ix policy
The Department of Education (DOE) reportedly has drafted proposed Title IX regulations on sexual misconduct on college and university campuses.... Read More >
FCRA Fair Credit Reporting Act
With the passage of the Economic Growth, Regulatory Relief, and Consumer Protection Act earlier this year, Congress amended the Fair Credit Reporting... Read More >
MedPAC Meeting September 2018
The Medicare Payment Advisory Commission (“MedPAC”) met in Washington, D.C., on September 6-7, 2018. The purpose of this and other public... Read More >
Trade Secrets Employee Termination
by: Stan Hill
Employers may face risks of departing employees, particularly involuntarily terminated employees, taking the employer’s confidential... Read More >
Parental Leave Gender Discrimination
As the pool of talented employees tightens, more and more employers are offering perks and benefits to lure the best and the brightest into their... Read More >
EEA integrates GDPR for all members states for enhanced data protection
The General Data Protection Regulation (GDPR) was incorporated into the EEA Agreement by the EEA Joint Committee in Brussels and entered into force... Read More >
Effect of third-party release extending to post-confirmation acts
We have discussed plan releases in prior posts.  Oftentimes, disputes involving plan releases revolve around whether, and in what contexts... Read More >
video games and gaambling
Recently, there has been a frenzy of legal activity with U.S. gambling laws and the number of gambling-related legal issues with video games. U.S.... Read More >
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FTC tracking products "Made in America" to determine credibility
If offering American-made products is part of your brand identity or marketing strategy, you'd... Read More >
Bipartisan vote passed in senate in relation to eb5 extension
Yesterday, by a bipartisan vote of 93-7, the U.S. Senate passed H.R. 6157, making appropriations... Read More >
Drafting a legally binding opioid policy and factors to consider
It’s no secret that the United States is battling an opioid epidemic. As relevant for our Phoenix... Read More >
OFCCP announces affirmative action plan
Quick Hit: OFCCP has issued a new Directive (Directive 2018-07), announcing its intention to... Read More >

Federal Court News

arbitration, aaa, spirit,

As the U.S. Supreme Court observed memorably in First Options of Chicago, Inc. v. Kaplan,[1] arbitration disputes often raise “three types of disagreement” relevant to resolution of the dispute: (1) a...

Putative Class Action Dismissed

15 U.S.C. 1681c of the Fair Credit Reporting Act (“FCRA”) governs the requirements for information contained in consumer reports.  Section 1681c(a) provides that there are six categories of information that are generally...

stethoscope gavel, third circuit, aks

Third Circuit Clarifies Public Disclosure Bar in False Claims Act

In United States v. Omnicare, Inc., the Third Circuit clarified the operation of the public disclosure bar...

Spokeo Analysis as Applied in Long v. SEPTA

In the latest application of the Supreme Court’s 2016 Spokeo decision, the Third Circuit analyzed two alleged technical violations of Fair Credit Reporting Act (FCRA) and reached different conclusions with respect to...

credit report, fcra, california

The Northern District of California recently granted preliminary approval of a class action settlement in Esomonu v. Omnicare, Inc., No. 15-cv-02003-HSG, 2018 U.S. Dist. LEXIS 142110 (N.D. Cal. Aug. 21, 2018).  In this...

PAGA claim and standing in purported class action PAGA battle

A California federal judge recently certified a class of at least 843 Cinemark workers who allege Cinemark, a movie theater chain, failed to properly list overtime rates on employee wage statements, notwithstanding the fact...

State Court News

Inclusion of liquidated damages, and enforceability in construction contracts in WI.

Construction contracts often include a clause that identifies a stipulated or “liquidated” damage amount for unexcused delay.  These clauses assess a fixed sum for each day of delay, thereby relieving the owner from proving its...

California bill allows for sale of home cooked meals
  • California Governor Jerry Brown signed a bill into law on September 18, 2018 which will allow Californians to sell food they make themselves, a practice that was previously outlawed due to health concerns.  ...

INTERNATIONAL LAW NEWS

Australian ct finds lack of novelty and inventive step in initial phase of patent litigation

The first round of the Australian CRISPR patent dispute has concluded, with the patent office ruling that...

FCA publishes consultation papers detailing regulations in EU for e-money and non-bank entities

The FCA published a consultation paper on 1 August 2018 to revamp its rules and guidance for payment service providers (“PSPs”) and e-money institutions, alongside proposing a crack down on the marketing and promotion of...