November 20, 2018

November 20, 2018

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November 19, 2018

Subscribe to Latest Legal News and Analysis


Data Breach Notifications and Cybersecurity after GDPR
Since 25 May 2018, controllers experiencing a personal data breach must – as a general rule – notify it to the appropriate supervisory... Read More >
SCOTUS May Rule On Title VII protections, and how the DOJ, HHS Develop Protections
The U.S. Supreme Court currently is contemplating whether to review three employment discrimination cases involving what, if any, protection Title... Read More >
FDA loosens drug and medical device clinical trial requirements
Following up on its July 2017 guidance on the same topic (discussed in a previous blog post), FDA issued a proposed rule on... Read More >
CFPB Argues FDCPA Does Not Apply To Non-Judicial Foreclosure
The CFPB has filed an amicus brief in the U.S. Supreme Court in support of the respondent/law firm defendant in Obduskey v. McCarthy & Holthus... Read More >
Questions remain following joint USDA and FDA meeting regarding cultured-cell meat products
As previously reported on this blog, the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) have both... Read More >
Title IX Regulations
On Friday, November 16, 2018, the Department of Education (DOE) released proposed Title IX regulations dictating the process by which colleges and... Read More >
Privacy Legislation
The recent passage of the California Consumer Privacy Act (CCPR) earlier this summer and the entry into force of the General Data Protection... Read More >
Amazon distribution to Health Care Facilities
In a previous article, we analyzed Amazon’s exploration of health care supply chain entry points and identified the challenges Amazon... Read More >
usa stethoscope, hras irs
The IRS has followed up on its recently proposed Health Reimbursement Arrangements (HRA)... Read More >
health care compensation
Clinical laboratories need to review how they compensate sales personnel following the passage of... Read More >
Jury awards in #metoo litigation
The effects of the #MeToo movement have reached almost all corners of our lives, and the courtroom... Read More >
Gift tax and estate tax limits increased due to inflation, IRS announces inflation adjustments
It’s that time of year again when people’s thoughts turn to…inflation adjustments! The Internal... Read More >
DOL will end the 80/20 tip rule policy
The Wage and Hour Division (WHD) of the Department of Labor (DOL) has reissued a 2009 opinion... Read More >

Federal Court News

car and keys, lease, fcra

In Hindle v. Toyota Motor Credit Corporation, 2018 WL 6033484 (D. Mass. Nov. 16, 2018), Plaintiffs alleged that they wanted to own their Prius rather than continue to lease it in order to lower their monthly payments...

intellectual property, estoppel

Arista Networks, Inc. v. Cisco Sys., Nos. 2017-1525, 2017-1577, 2018 U.S. App. LEXIS 31811 (Fed. Cir. Nov. 9, 2018).

On November 9, 2018, the United States Court of Appeals...

employees, essential job function, job description

Just a few months ago, we wrote about a case where a federal district court denied summary judgment to an employer who had asserted that attendance at work was an essential job function. The Court held that although regular...

patent scroll, eligibility rejectiosn

Under the Mayo/Alice test for patent eligibility, answering the questions of whether any particular claim is “directed to” a “judicial exception” without “significantly more” remains in many ways a substantial and unpredictable...

ada, discrimination, tenth circuit

The Americans with Disabilities Act (“ADA”) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability.  But, is a failure to...

Removal of personnel files doesn't constitute protections under EEOC, ct affirms decision

On November 15, 2018, the United States Fourth Circuit Court of Appeals affirmed the decision of the Middle District of North Carolina in the case of Netter v. Barnes,...

State Court News

Right to work law upheld in Kentucky Supreme Court

With a tight 4-3 split last week, the Kentucky Supreme Court upheld the state’s right-to-work law in a lawsuit that called into question the legislation’s constitutionality.

Kentucky became the 27th right-to-work state...

HIRD form filing for Massachusetts employers near-approaching

Any employer who has six or more employees in Massachusetts in any calendar month after November 2017 is required to complete a Health Insurance Responsibility Disclosure (HIRD) form by November 30, 2018. The HIRD form is used...

Employee-friendly IHRA policy updates introduced

Recent amendments to the Illinois Human Rights Act (IHRA) broaden employee rights and impose new, immediate notice requirements on employers.

The amendments are found in Public Acts ...


digital assets, cryptocurrencies, fca, uk

The UK Financial Conduct Authority (FCA) Executive Director of Strategy and Competition recently delivered a speech at The...

EU blurred flag, sanctions, chemical weapons

EU Updates Its List of Sanctioned Entities

In October 2018, the EU decided to amend its list of sanctioned entities and persons in the following countries: Burundi, Guinea and North Korea. Further, the...

Big amendments to the  Czech Labour Code ahead

The so-called “big amendment” to the Czech Labour Code is currently under preparation in the Czech Republic. The amendment consists of many interesting proposed changes, one of which, in particular, stands out: the amendment of...