September 18, 2019

New Articles

September 18, 2019

Intervenor-Defendant Obtains Stay of SDNY Action in Favor of... by: Nora A. Valenza-Frost
Best Interest Standard of Care for Advisors #10 by: Fred Reish
To Market, To Market: FDA’s Digital Health Precertification Program by: Vernessa T. Pollard
Head to Head Collision by: Theodore F. Claypoole
SEC Questions Puts Cart Before The Horse by: Keith Paul Bishop
In with a Bang and Out with a Whimper: Second Circuit Challenge to... by: Gregory J. Ossi and Christopher R. Williams
RCE PTA Carve-Out Resumes After Interference by: Courtenay C. Brinckerhoff
California Bill AB5 Will Rewrite the Rules for Independent Contractors by: Connie N Bertram and Jack Blum
Greater Access to Mental Health Care is on the Horizon by: Kristen A. Marotta
New York State Doubles Down on Data Privacy, Sets High Bar for “... by: Scott A. Seigner
Japanese Knotweed, Hybrids and UK Case Law – a growing concern? by: Caroline Almond

September 17, 2019

September 16, 2019

September 15, 2019

FTC Announces Recommendations for SAFE WEB Act Renewal by: Richard B. Newman

FEATURED ARTICLES

Greater Access to Mental Health Care is on the Horizon

by: Kristen A. Marotta

Employers and retail giants alike are increasingly inserting mental health into the broader, public conversation around individual health care and... Read More >

Superfund Task Force Final Report: A Superset of Recommendations

by: Rachel K. Roberts and Allyn L. Stern

On September 9, EPA’s Superfund Task Force released its final report on recommendations to improve the Superfund program. This eighty... Read More >

Opioid Update: MDL Defendants Seek Judge Polster DQ

by: Benjamin Beaton

Eight drug retailers, distributors, and pharmacies (but no manufacturers) have asked Judge Dan Aaron Polster to recuse himself from presiding over... Read More >

Be Aware of Potential Legal Restrictions When Implementing a Workplace Weapons Policy

by: Rachel Powitzky Steely

In what has become an all-too-familiar headline, an individual who had recently been terminated from his job is responsible for the deaths of seven... Read More >

The Insurer’s Howler, or How Travelers Proved Its Insured’s Case

by: D. Barret Broussard

What happens when an insurer presents evidence at trial that supports the insured’s case? Answer: The evidence can be used to sustain the jury... Read More >

EPA Repeals Obama Rule Defining Waters of the U.S.

by: Ann D. Navaro and Sara M. Burgin

On Thursday, September 12, EPA General Counsel Matt Leopold announced EPA’s final rule repealing the 2015 Waters of the United States (“... Read More >

FDA Will Seek to Remove Flavored E-Cigarettes from the Market

by: Food and Drug Law at Keller and Heckman

On September 11, 2019 President Trump, along with HHS Secretary Azar and FDA Commissioner Sharpless, announced that the Food and Drug... Read More >

Nevada’s New Privacy Law Will Go Into Effect Next Month: Are You Ready?

by: Ericka A. Johnson and Lydia de la Torre

The Nevada Privacy of Information Collected on the Internet from Consumers Act (NPICICA) applies to operators of commercial websites and online... Read More >

Earthjustice Notifies EPA of Intent to Sue for Failure to Disclose Information about New Chemical Substances

by: TCSA Blog at Bergeson Campbell

On September 3, 2019, Earthjustice filed with the U.S. Environmental Protection Agency (EPA) a ... Read More >

Latest Department of Labor Opinion Letter Addresses the FLSA’s Retail/Service Establishment Employee Exemption

by: Jeffrey H. Ruzal

and

Carly Baratt

The U.S. Department of Labor’s Wage and Hour Division (“WHD”) continues to issue guidance at a... Read More >

Recap of Federal Register Notice on Artificial Intelligence (AI) Patent Issues

by: Marc T. Morley

and

Michael T. Renaud

Artificial Intelligence (AI) is increasingly becoming important across a diverse spectrum of... Read More >

FDA Issues Draft Guidance on Reconditioning Fish

by: Food and Drug Law at Keller and Heckman

The U.S. Food and Drug Administration (FDA) has issued draft guidance for industry, titled, “... Read More >

New Regulations Reform Implementation of Endangered Species Act

by: W. Parker Moore

and

James M. Auslander

Long-sought reforms to Endangered Species Act (ESA) implementation have arrived. On August 27, 2019... Read More >

VIEW MORE FEATURED ARTICLES >

Emerging Legal News

New York State Doubles Down on Data Privacy, Sets High Bar for “Reasonable Safety Standards”

by: Scott A. Seigner

Federal Agencies Repeal Obama-Era Clean Water Rule

by: Brent Carson and Duncan M. Greene

Hart-Scott-Rodino Annual Report for Fiscal Year 2018: Decreases in Second Requests but Increased Likelihood of Challenged Deal Where Second Request Issued

by: Joel Mitnick and Ngoc Pham Hulbig

Solar Construction Costs Continue Historic Decline, Providing Cushion Against Trade Disputes

by: Darin M. Lowder and Miriam A. Cross

FinTech and Regulation: BitBlog Weekly Update

by: Stephen A. Rutenberg and Thomas H. Wagner

PBGC’s Multiemployer Insurance Program Faces Insolvency, While Single-Employer Program Improves

by: Stephen Pavlick, PC and Charnae Supplee

Déjà Vu: EPA, Army Corps Take First Step to Redefine “Waters of the U.S.”

by: W. Parker Moore and Kirstin K. Gruver

Applicable Federal Rates and Code Section 7520 Rate for September 2019 – Downward Trend Continues

by: Carmen Irizarry-Díaz

Upcoming Legal Education Events

Wednesday, September 18, 2019

Data Innovations in Health Care

Thursday, September 19, 2019

Managing Employees 101: Best Practices for Managing Effectively and Lawfully - Portsmouth

Tuesday, September 24, 2019

Wage the Battle to Win the War: Expert Challenges at Class Certification

Tuesday, September 24, 2019

Breakfast with Julia Stewart

Federal Court News

RCE PTA Carve-Out Resumes After Interference

by: Courtenay C. Brinckerhoff

In Mayo Foundation for Medical Education and Research v. Iancu, the...

In with a Bang and Out with a Whimper: Second Circuit Challenge to Popular Withdrawal Liability Calculation Method Settles

by: Gregory J. Ossi and Christopher R. Williams

The withdrawal liability case of the year came to an anticlimactic end on Monday, September 16, 2019, as the Second Circuit docket sheet of New York Times Company v. Newspaper and Mail Deliverers' Publishers' Pension Fund...

Remuneration? Not If It’s Fair Market Value, Says Eleventh Circuit

by: Amy Hooper Kearbey and Tony Maida

Bingham v. HCA, Inc., a recent Eleventh Circuit case, highlights the centrality of fair market value to Anti-Kickback Statute (AKS) analyses. This decision is significant for several reasons and we expect to see Bingham cited by...

Second Circuit Sends Back Incoherent TCPA Arbitration Award Decision

by: Paul C. Besozzi

In TCPAWorld, as elsewhere, courts are reluctant to second guess and discard arbitrator decisions, particularly where the parties stipulate to using the arbitral forum. That is unless the resulting arbitrated decision may be “in manifest...

Unitws States v. AseraCare Eleventh Circuit

Eleventh Circuit Endorses Objective Falsehood Standard for False Claims Cases Concerning Physician Judgment of Hospice Eligibility

by: Leslie J. Levinson and David R. Gilboa

“A mere difference of opinion between physicians, without more, is not enough to show falsity.”

In a 3-0 decision issued September 9, 2019, the U.S. Court of Appeals for the Eleventh Circuit...

Florida U.S. District Court Grants Victory for Defendant, Finds its Dialing Equipment Is Not an ATDS

by: Laura H. Phillips and Matthew J. Adler

In many Telephone Consumer Protection Act (TCPA) cases, the sufficiency of a plaintiff’s allegations, particularly those concerning the defendant’s alleged use of an automatic telephone dialing system (“ATDS”), are tested at the pleadings stage...

State Court News

California Bill AB5 Will Rewrite the Rules for Independent Contractors

by: Connie N Bertram and Jack Blum

On September 10, 2019, the California Senate passed AB5, a sweeping bill to control the use of independent contractors in the...

Back Wages Not Recoverable PAGA-Only Action

Back Wages Not Recoverable In PAGA-Only Action, California Supreme Court Says In Arbitration Dispute Ruling

by: Scott J. Witlin

On Sept. 12, 2019, the California Supreme Court issued a major decision in ZB, N.A. v. Superior Court of California related...

California Delaware Restrictive Covenants

Part 24 of “The Restricting Covenant” Series: Choice of Law and Covenants Not to Compete

by: Lawrence J. Del Rossi

There are many notable east coast-west coast rivalries. In sports (Celtics versus Lakers basketball), in leisure (Atlantic versus Pacific beaches), or in food (Shake Shack versus In-N-Out Burger), to name a few. With respect to restrictive...

INTERNATIONAL LAW NEWS

Japanese Knotweed, Hybrids and UK Case Law – a growing concern?

by: Caroline Almond

This blog examines some of the latest developments in relation to the ongoing concerns over Japanese Knotweed and its hybrid forms.

“Bohemian Knotweed”

The...

The EU’s Efforts to Combat Money Laundering, the Financing of Terrorism and Corruption Seem to Overlook a Very American Approach: Prosecute People

by: Peter D. Hardy and Mary Treanor

A Modest Proposal

The European Union (“EU”) recently has grappled with a series of massive money laundering scandals and strategized about how to more effectively combat international money laundering and corruption. Generally,...

What Can We Learn From Bury FC’s Expulsion From The Football League?

by: Sports & Entertainment - Squire Patton Boggs

Bury Football Club’s recent expulsion from the English Football League (“EFL”) was a very sad day for football. Bury was founded in 1885, had won two FA Cups and had just been promoted to EFL’s League One.

...