July 18, 2018

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FEATURED ARTICLES

mexico, socialism, president
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 GDPR Data Privacy Law
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 >
trade secrets, Germany, new law
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 >
immigration, california
A federal district judge in California issued a preliminary injunction preventing the State of California from enforcing certain provisions... Read More >
marijuana, leaf, nature, DEA, FDA
The federal government’s view of medical marijuana is evolving as the U.S. Food and Drug Administration (“FDA” or “Agency... Read More >
brexit, uk, eu, white paper
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
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'
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 >
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virtual care code, telemedicine, physician, cms, medicare
The Centers for Medicare and Medicaid Services just issued a proposed rule introducing monumental... Read More >
340 b, drug pricing, medicare, appeals, medicaid
Timing is everything.  In yesterday’s post on 340B, I stated in closing: There is still one more... Read More >
taxes, calculator, revision, irs, updated
When you enter into a closing agreement with the IRS to fix a problem with a tax-exempt bond issue... Read More >
nlrb, boeing standard
On July 13, 2018, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”)... Read More >
DOL Regulations Persuader Rule
Back in 2016, the Department of Labor (DOL) issued regulations that would have significantly... Read More >

Federal Court News

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

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...

uspto, ptab, values, numerical ranges

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...

gavel, sixth circuit, litigation, FCA

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...

TCPA ATDS Ohio Court

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

CFPB All American Check Cashing

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

401k Plan Litigation ERISA

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

State Court News

chemical, warnings, prop 65, cereal
  • 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...

contract, agreement, overly broad, lca

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

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

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...

cryoto-asset, volatility, warning, fca, pra

Hot on the heels of the FCA’s recent “Dear CEO” letter, the ...

spanish banks, price fixing, ird, interest rate, violation

On 13 February 2018, the Spanish Markets and Competition Commission (“CNMC”) fined four major Spanish banks €91 million for colluding to fix...