July 18, 2018

Compliance Prevents Corporate Casualties in Trade Wars by: Jacquelyn M. Desch and Thomas E. Zeno
California Court Rules Cereals Not Required to Bear Proposition 65... by: Food and Drug Law at Keller and Heckman
Medicare’s New Virtual Care Codes: A Monumental Change and Validation... by: Nathaniel M. Lacktman
Sleepovers and the NMW – clarity at last for the UK care sector by: Fiona Campbell
Court of Appeals Weighs in on 340B by: Ellyn L. Sternfield
Agreement’s Requirement To Forego Claims Of Future Discriminatory... by: Labor and Preventive Practices
FCA and PRA Consider Crypto-Assets by: Chris Webber and Katherine Wakeham
Is my Advisor a “Finder” or a “Broker”? Avoiding the Pitfalls of... by: Richard J. Dancy
By Adding Commas, Did The Legislature Expand Shareholder Inspection... by: Keith Paul Bishop
IRS Revises Rate for “Taxpayer Exposure” Penalty Calculations by: John W. Hutchinson
Pending California Legislation Alert! Senate Bill 937 Seeks to... by: Susan E. Groff and Jessica B. Armijo
IRS Announces Major Change To Nonprofit Donor Disclosure Requirements by: Zachary G. Parks and Derek Lawlor
Hidden Gem: Did the Ninth Circuit Just Tip its Hand in a Junk Fax... by: Artin Betpera

July 17, 2018

July 16, 2018

FEATURED ARTICLES

Mexico Elects Left-Wing, Anti-Establishment President

by: Andres Alvarez and Roberto Arena Reyes Retana

In an unprecedented election process with the participation of more than 63 percent of the eligible voters, Andres Manuel Lopez-Obrador, better... Read More >

California’s Data Privacy Law: What It Is and How to Comply (A Step-By-Step Guide)

by: Sara H. Jodka

Just as U.S. companies were settling into the idea of the EU’s General Data Protection Act (GDPR), California just passed the California... Read More >

New German Law on the Protection of Trade Secrets

by: Dr. Henrik Holzapfel and Dr. Martin Königs

Germany will introduce a new act on the protection of trade secrets; the legislator is expected to pass the new law in December 2018. As the term is... Read More >

Federal Judge Determines that California’s Immigration Law Goes Too Far

by: Melissa Manna

A federal district judge in California issued a preliminary injunction preventing the State of California from enforcing certain provisions... Read More >

In the Weeds: Navigating the Shifting Federal Regulation of Medical Marijuana

by: Erica M. Jackson and Amanda Makki

The federal government’s view of medical marijuana is evolving as the U.S. Food and Drug Administration (“FDA” or “Agency... Read More >

Brexit: The UK’s White Paper – What Does it Mean?

by: Lisa Navarro and Gillian Sproul

On 12 July 2018 the UK government published a white paper outlining its vision for the UK's future relationship with the European Union (EU)... Read More >

transgender, school bathrooms, locker room, school sports, binary

Binary Bathrooms? Schools Emerge As Fulcrum On This Issue

by: Taylor L. Hunter

Deliberations over the adoption of policies regarding bathroom access can be tricky, especially when the disputes involve young children and... Read More >

alj, executive order, trump, lucia, exceptions, hiring/firing, 'good cause'

Well, That Didn’t Take Long – and With No Fanfare, Decades of Administrative Law Are Upended

by: Brian E. Casey

Perhaps the administration had this one in the can already. On Tuesday, less than three weeks after the U.S. Supreme Court decided Lucia,... Read More >

Medicare’s New Virtual Care Codes: A Monumental Change and Validation of Asynchronous Telemedicine

virtual care code, telemedicine, physician, cms, medicare

by: Nathaniel M. Lacktman

The Centers for Medicare and Medicaid Services just issued a proposed rule introducing monumental... Read More >

Court of Appeals Weighs in on 340B

340 b, drug pricing, medicare, appeals, medicaid

by: Ellyn L. Sternfield

Timing is everything. In yesterday’s post on 340B, I stated in closing: There is still one more... Read More >

IRS Revises Rate for “Taxpayer Exposure” Penalty Calculations

taxes, calculator, revision, irs, updated

by: John W. Hutchinson

When you enter into a closing agreement with the IRS to fix a problem with a tax-exempt bond issue... Read More >

NLRB Releases Advice Memos Approving Employer Work Rules Under New Boeing Standard

by: Michele Haydel Gehrke

On July 13, 2018, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”)... Read More >

Hey, Hey, Hey, Goodbye: DOL Persuader Rule Nixed

by: David J. Pryzbylski

Back in 2016, the Department of Labor (DOL) issued regulations that would have significantly... Read More >

VIEW MORE FEATURED ARTICLES >

Emerging Legal News

Is my Advisor a “Finder” or a “Broker”? Avoiding the Pitfalls of Raising Capital Using Unlicensed Broker-Dealers

by: Richard J. Dancy

IRS Announces Major Change To Nonprofit Donor Disclosure Requirements

by: Zachary G. Parks and Derek Lawlor

Commerce Prioritizes Earth Selfies as It Seeks to Improve Remote Sensing Licensing

by: Brian D. Weimer and Aaron Shourie

Eligibility Requirements for Reduced Tax Rate on FDII for Royalties

by: David G. Noren and Lowell D. Yoder

A Janus-faced Standard? Chief Justice Roberts’s Approach to Stare Decisis at the Threshold of a Post-Justice Kennedy Supreme Court

by: Daniel Charles (DC) V. Wolf and David R. Fine

Recent ITC decision clarifies and eases domestic industry burden for patent holders

by: Aarti Shah and Andrew H. DeVoogd

Lucia Is Likely To Have Little Impact On Waning FCC Adjudications

by: Paul A. Werner and Imad S. Matini

U.S. Files Trade Dispute Cases with WTO

by: Food and Drug Law at Keller and Heckman

Upcoming Legal Education Events

Thursday, July 19, 2018

2018 Health Care Webinar Series: Stark Law Updates

Friday, July 20, 2018

Understanding The California Consumer Privacy Protection Act of 2018

Wednesday, July 25, 2018

Qualified Opportunity Zones Event

Federal Court News

9th cir, putative, predictive dialer, class action, appeal

Hidden Gem: Did the Ninth Circuit Just Tip its Hand in a Junk Fax Case on the Validity of the FCC’s Predictive Dialer Rulings After ACA Int’l?

by: Artin Betpera

Call it a silver lining, but the Ninth Circuit might have just telegraphed a little something about what to expect in the big Marks v. Crunch appeal – in an otherwise not-so-great opinion reversing the denial of class certification in a...

Ranging Beyond The Written Description Requirement

by: Courtenay C. Brinckerhoff

Practitioners with an international patent practice generally view the U.S. written description requirement as more liberal than similar requirements in other jurisdictions, especially the European Patent Office. That said, one of the first...

Timing is Everything: The Sixth Circuit’s Application of the Materiality Test

by: Tony Maida

The materiality test articulated in Escobar has become one of the most litigated issues in False Claims Act (FCA) practice. Most courts have taken to heart the Supreme Court’s direction that materiality is a “demanding...

Allegations of Equipment’s Potential Functionalities Not Sufficient to Survive Motion to Dismiss after ACA Int’l

by: Daniel E. Brewer

On July 12, 2018, the Northern District of Ohio dismissed a complaint that failed to “allege any facts that [the...

Fifth amicus brief filed in support of All American Check Cashing

by: Barbara S. Mishkin

A fifth amicus brief has been filed in support of All American Check Cashing and the other appellants in their...

ERISA Litigation Surging – Focus on Fees

by: Rachel L. Fried

After a few years of decline, litigation involving 401(k) plans “has surged again recently,” according to a study published...

State Court News

California Court Rules Cereals Not Required to Bear Proposition 65 Warnings

by: Food and Drug Law at Keller and Heckman

On Monday, July 16, a California appeals court reversed a decision that would have required food manufacturers to label cereal products with cancer warnings, as per Proposition 65. As we have previously written on this...

Agreement’s Requirement To Forego Claims Of Future Discriminatory Conduct May Constitute A Materially Adverse Action

by: Labor and Preventive Practices

In Lester v. O’Rourke, the United States District Court for the North District of Illinois held that Plaintiff is entitled to trial on his Title VII retaliation claim after he signed a Last Chance Agreement (“LCA”) that settled pending...

right to inspect, shareholder, ambiguous

By Adding Commas, Did The Legislature Expand Shareholder Inspection Rights?

by: Keith Paul Bishop

Section 1601(a) of the California Corporations Code currently subjects to shareholder inspection the "accounting books and records and minutes of proceedings of the shareholders and the board and committees of the board". Professor Marsh's...

INTERNATIONAL LAW NEWS

sleepover worker, employer, overtime, type of worker, availability to work

Sleepovers and the NMW – clarity at last for the UK care sector

by: Fiona Campbell

The Court of Appeal handed down its much anticipated judgment on Friday last week in the joined cases of Royal Mencap v Thompson Blake and John Shannon v Jakishan and Prithee Rampersad (t/a Clifton House...