Alerts

Strategic in-house counsel and court-watchers are keeping a close eye on developments related to the U.S. Supreme Court’s recent commitment to further address deference to administrative interpretation of regulations, a fundamental legal principle central to the regulated community.

In a groundbreaking decision, the Occupational Safety and Health Review Commission on March 4, 2019 ruled for the first time that the Occupational Safety and Health Act’s (OSH Act) general duty clause obligates employers to protect their workers from workplace violence.

On March 15, 2019, the International Centre for the Settlement of Disputes released Working Paper # 2 with comments and proposals for amendment of the ICSID Arbitration Rules.

On March 12, 2019, the Securities and Exchange Commission announced it charged Lumber Liquidators Holdings Inc. with securities fraud for making fraudulent misstatements to investors.

While you were busy chipping away the snow and ice from the latest winter storm, the New York legislature proposed legislation that may chip away at an anti-rebating law that has hindered many insurtechs.

The requestor’s client provides an optional community service program for its employees. Under the program, employees engage in certain volunteer activities that either the client sponsors or the employees themselves select.

Last week, USDA’s Agricultural Marketing Service convened a webinar to accept public comments on implementing the hemp provisions included in the 2018 farm bill.

Acting Administrator of the Wage & Hour Division (WHD) of the DOL issued an opinion letter taking the position that employers cannot allow employees to exhaust paid sick and other leave before designating leave as FMLA and having it count against their 12- or 26- week entitlement.

The Supreme Court recently held that, subject to a few narrow statutory exceptions, copyright owners must wait until their applications are either registered or rejected by the US Copyright Office before filing suit for infringement claims. 

Municipalities and other local governments do not have free rein when it comes to regulating the environment, and the Second Circuit’s recent decision in Vermont Railway, Inc. v. Town of Shelburne is a clear reminder of that fact.

Headlines that matter for privacy and data security.

After a two year transitional period, Section 500.11 of the New York State Department of Financial Services’ Cybersecurity Regulation, which addresses third-party security, is in force as of March 1, 2019.

After announcing in December that it would intervene in a qui tam action under the False Claims Act against Sutter Health and Palo Alto Medical Foundation (PAMF), the US Department of Justice filed its complaint-in-intervention in the Northern District of California on March 4, 2019.

New York-based company Cure Encapsulations, Inc. and its owner Naftula Jacobowitz, settled Federal Trade Commission charges that the company paid a third-party website to write and post fake reviews for a weight-loss supplement on an independent retail website and made false and unsubstantiated clai

Regulations recently adopted in the District of Columbia require nonprofits (whether formed under DC law or formed under the laws of another jurisdiction) that enjoy real property, personal property, franchise, or sales tax exemption to re-file with the District once every five years.

The ongoing process of reform to the ICSID Rules has prompted renewed attention to the place of investor-state mediation.

In Viamedia v. Comcast, the Seventh Circuit is currently reviewing a district court’s decision to dismiss a refusal to deal claim on a 12(b)(6) motion because plaintiff Viamedia failed to allege that Comcast’s refusal to deal had no rational competitive purpose.

Developing renewable energy on contaminated lands has proven to be both effective and cost-effective for companies pursuing a new solar or wind energy project.

Kim Kardashian West has filed suit against Missguided USA Finance Inc. and Missguided Limited, in the US district court for the Central District of California, alleging right of publicity violations and trademark infringement.

The Singapore International Arbitration Centre continues to cement its reputation as a leading arbitral venue.

Arent Fox has successfully procured another patent for Acronis, a leading provider of cloud backup and data management services, covering a new technology for watermarking digital content using a blockchain network.

On March 4, the Trump Administration announced the termination of India and Turkey as recipients of the Generalized System of Preferences, on grounds that neither country adheres to the program’s statutory eligibility criteria.

On March 7, the U.S. Department of Labor (DOL) announced its long-awaited Notice of Proposed Rulemaking to increase the salary threshold for the so-called “white collar exemptions” from the Fair Labor Standards Act’s overtime pay requirements.

Revisiting an issue remaining from the last administration, the US Department of Labor (“DOL”) on Thursday evening issued a new proposed rule raising the minimum salary and compensation requirements for overtime exemptions under the federal Fair Labor Standards Act (“FLSA”).

Health Care Partner Douglas Grimm and Associate Hillary Stemple authored an article for the March 2019 edition of Compliance Today titled “Telemedicine: A review of the fraud and abuse landscape.”