April 22, 2018

Proskauer’s Study Examines 2017 IPOs by: Julie M Allen and Philippa M Bond
EBA Publishes Report Regarding ITS on Reporting for Resolution Plans... by: John Ahern and Carolyn H. Jackson

April 21, 2018

Hertz to Pay $45,000 to Settle EEOC Disability Discrimination Lawsuit by: U.S. Equal Employment Opportunity Commission
Second Annual Survey on Trends in Private Credit Markets by: Steven M. Ellis and Stephen A. Boyko
ECON Publishes Proposed Amendments to Prudential Supervision of... by: John Ahern and Carolyn H. Jackson
Massachusetts Adjusts Limits on Employer Inquiries into Job... by: Brian E. Lewis and Susan M. Corcoran

April 20, 2018

April 19, 2018

FEATURED ARTICLES

Massachusetts Adjusts Limits on Employer Inquiries into Job Applicants’ Criminal History

by: Brian E. Lewis and Susan M. Corcoran

A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions... Read More >

farm bill, agriculture committee, pesticide, endangered species, CWA

House Agriculture Committee Unveils Draft Farm Bill 2018

by: Susan M. Kirsch

On April 12, 2018, House Agriculture Committee Chairman Michael Conaway (R-Texas) released the Committee’s draft Farm Bill reauthorization, the... Read More >

Title VII In Transition? Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals

by: Stephen E. Fox and Jonathan E. Clark

In a landmark ruling, a federal court judge in Texas issued an opinion holding—unequivocally—that Title VII protects transgender... Read More >

marijuana, medical use, abuse, abuse potential, thc, treaty, international

FDA Seeks Comments on Potential Marijuana Reclassification Under International Drug Control Treaty

by: Kathryn J. Russo

The Food and Drug Administration requested comments in a notice published in the Federal Register on April 9, 2018 concerning the “abuse... Read More >

airplane, Boeing, Southwest, Passenger, death, Pennsylvania, NTSB, inspection

Woman Passenger Killed as Southwest Jet Makes Emergency Landing in Philadelphia; Top Aviation Attorney Calls for Immediate Safety Inspections of All Nickel-Based Fan Discs on All Aircraft

by: Robert A. Clifford

A woman was killed on April 17, 2018 after a jet engine apparently exploded in mid-air and its shrapnel reportedly crashed through her window on a... Read More >

U.S. Supreme Court: Immigration Act Unconstitutionally Vague on Removal for Aggravated Felony

by: Amy L. Peck

The Immigration and Nationality Act provides that any alien convicted of an “aggravated felony” after entering the United States is... Read More >

Illinois Considering Amendments to Biometric Privacy Law (BIPA) That Would Create Major Exemptions to Its Scope

by: Jeffrey D Neuburger

We have written before about the issues presented by the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”).... Read More >

ACA, CMS, hardship, marketplace, grandmothered

CMS Benefit and Payment Rule: What is Success for the ACA?

by: Katie Weider and Rodney L. Whitlock

On Monday, CMS published a number of policies changing the dynamics of the individual market, including the Benefit and Payment Parameters for... Read More >

Hertz to Pay $45,000 to Settle EEOC Disability Discrimination Lawsuit

by: U.S. Equal Employment Opportunity Commission

Car Rental Company Refused to Hire Applicant Because He Uses a Cane, Federal Agency Charged DENVER... Read More >

Exposure to BPA via Food in the Netherlands is Very Limited

by: Packaging Law at Keller and Heckman

The Dutch National Institute for Public Health and the Environment (RIVM) has determined that the... Read More >

NIST Cybersecurity Framework 1.1: A Blueprint For Compliance And Assurance

by: Theodore F. Claypoole

In February 2014 the U.S. National Institute of Standards in Technology (‘NIST’) published the ﬁrst... Read More >

FDA to Expand Abbreviated 510(k) Pathway for Medical Devices by Allowing Comparison to Performance Criteria

by: Lynn C. Tyler, M.S.

The Food and Drug Administration (FDA) recently issued a draft guidance titled “Expansion of the... Read More >

FINRA Publishes Regulatory Notice Regarding 2018 GASB Accounting Support Fee

FINRA, proposed budget, fee disclosure, GASB, accounting fees

by: Janet M. Angstadt

and

Ayah K. Sultan

On April 17, the Financial Industry Regulatory Authority issued Regulatory Notice 18-12, which... Read More >

VIEW MORE FEATURED ARTICLES >

Emerging Legal News

DEA Publishes Proposed Rule Regarding Quota Processes

by: Karen Owen Gibbs

Bio-based Industries Joint Undertaking Announces €115 Million In Funding For Bio-Based Projects

by: Lynn L. Bergeson

IRS Releases 2018 PTC Amounts

by: John A. Eliason and David B. Weisblat

DEA Proposed Rule Would Limit Drug Manufacturer’s Annual Opioid Production

by: Olivia Seraphim and Lauren A. Farruggia

CFTC’s Division of Swap Dealer and Intermediary Oversight Extends Exemptive Relief From CFTC Regulations 4.7 and 4.2 Requirement to Prepare Financial Statements in Accordance With US GAAP

by: Christian B. Hennion and Timothy D. Nolan

Vivergo Fuels Re-opens UK Bioethanol Plant, Calls For Government To Introduce E10

by: Lynn L. Bergeson

En Banc Panel Rules in Favor For Administrator In Pay Disparity Case

by: Taylor L. Hunter

Green Chemistry & Commerce Council Selects Ten Startups To Pitch At Technology Showcase

by: Lynn L. Bergeson

Upcoming Legal Education Events

Monday, April 23, 2018

IRAs & ICOs Overview of Tax Implications for Cryptocurrency Participants

Tuesday, April 24, 2018

Employee Relations in the #MeToo Era: Creating a Culture of Respect

Tuesday, April 24, 2018

State Regulatory Enforcement and Update on Debt Collection

Wednesday, April 25, 2018

WEBINAR SERIES | Medicare Advantage and Part D Insights - Part I

Federal Court News

intellectual property, inventive concept

USPTO Memorandum Seeks to Clarify “Inventive Concept” Requirement

by: Warren Woessner

On April 19, 2018, the USPTO released a Memorandum from Robert Bahr, The Deputy Commissioner for...

river and park, alaska, hovercraft, moose hunting

Ninth Circuit Holds National Park Service Has the Authority to Regulate Navigable Waters in Alaska’s National Parks and Prohibit the Use of Hovercraft (Again)

by: Whitney Jones Roy and Whitney Hodges

Sturgeon v. Frost, et al., 872 F.3d 927 (9th Cir. 2017).

...

online gaming, free-play casino, Washington, Big Fish Gaming

How the Ninth Circuit Big Fish Casino Decision Could Impact Online Free Casino Offerings Across the U.S.

by: Jennifer J. Gaynor and Gregory R. Gemignani

Virtually every significant gaming operator in the United States has some form of “free to play” online casino offering. Because no purchase is necessary to play (no consideration) and no valuable prizes are offered (i.e., you...

Defining Who Is Part of the FLSA Collective Action Party

by: Stephanie L. Adler-Paindiris and Amanda Simpson

It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party. In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do...

international research company, cancer company, proposition 65, foreign company

Court Holds International Cancer Agency Is Not A Private Corporation

by: Keith Paul Bishop

More than a half-century ago, the World Health Assembly established the International Agency for Research on Cancer as the specialized cancer agency of the World Health Organization. Although headquartered in Lyon, France, the...

equal pay act, wage gap, 'factors other than sex'

Employers Cannot Consider Prior Salary History to Justify Wage Gap under the Federal Equal Pay Act

by: Shane R. Larsen

On April 9, 2018, the Ninth Circuit Court of Appeals issued its opinion in Rizo v. Yovino, holding that employers cannot consider an employee’s prior salary either alone or in combination with other factors to...

State Court News

ADR, pay equity, #me too, Washington, legislation

Washington State Legislature Passes Pay Equity and “Me Too” Legislation

by: Suzanne J. Thomas and Shelby R. Stoner

The 2017–2018 Washington State legislature passed, and the governor signed, numerous bills that affect employers. Foremost among them is new legislation addressing “Me Too” concerns and gender pay equity, which is the focus of...

New Mexico, tax, GILTI, state tax, federal tax

New Mexico Administrative Hearings Office Issues Timely Opinion Regarding State Taxation of Subpart F Income and Dividends from Foreign Affiliates

by: Alysse McLoughlin and Kathleen M. Quinn

Earlier this month, the New Mexico Administrative Hearings Office issued an opinion that addressed the questions on the minds of many state tax professionals in the wake of federal tax reform: under what circumstances can a...

Massachusetts Legislature Pushes Forward With Amended Non-Compete Bill

by: Erik J. Winton and Colin A. Thakkar

This Blog has previously covered the six non-compete bills that were introduced in the Massachusetts Legislature in 2017. On April 17, 2018, the Joint Committee on Labor and Workforce Development submitted a revised bill, ...

INTERNATIONAL LAW NEWS

EU, member states, cooperation, ITS, reporting, BRRD

EBA Publishes Report Regarding ITS on Reporting for Resolution Plans Under the EU BRRD

by: John Ahern and Carolyn H. Jackson

On April 17, the European Banking Authority (EBA) published its draft implementing technical standards (ITS) on reporting for resolution plans under the EU Bank Recovery and Resolution Directive (BRRD).

...

investment firms, ECON, EP, EU, third-party financial institutions

ECON Publishes Proposed Amendments to Prudential Supervision of Investment Firms Directive

by: John Ahern and Carolyn H. Jackson

On April 13, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) published a draft report, featuring the European Parliament legislative resolution with ECON’s amendments to a proposal regarding the...