On July 14, 2014, the DC Council unanimously approved the Fair Criminal Record Screening Act (the Act) that bars private employers from asking about an applicant’s criminal conviction record until the employer has extended a conditional job offer.
On July 16, 2014, the US Office of Foreign Assets Control (OFAC) escalated Russian sanctions by issuing “Sectoral Sanctions” — prohibitions on certain finance related transactions with certain entities, including two major Russian banks and two oil and natural gas producers.
The fur ban of 2013 prohibits the sale, import, export, trade, or distribution of any fur product by any means anywhere within the City of West Hollywood.
In Lawson, the Court held that employees of a mutual fund, traditionally outside the coverage of Sarbanes-Oxley Act (SOX), are nonetheless protected by its whistleblower provision.
The Ninth Circuit has affirmed the dismissal of a putative class action against Redbox, holding that its ZIP code collection practices fall within an exception to California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly Act).
On July 17, 2014, responding in part to the expiration of numerous tax incentives last December 31, the House of Representatives approved by a 277–130 vote a bill (H.R. 4719, The America Gives More Act) containing permanent extension of several tax incentives related to charitable deductions.
All good wealth management includes estate planning as a component. Changes in the tax laws, modern trust conventions and family changes make periodic reviews of estate plans a real necessity.
The DC Circuit recently held that the attorney-client privilege applies to internal investigations, even when the investigations are mandated by law and are not conducted with the sole purpose of obtaining or providing legal advice.
Partner Dan H. Renberg was a panelist on the Internet radio show VoiceAmerica for a feature on the Export-Import Bank and how it’s currently being influenced by the Tea Party.
The DC Circuit recently held that the attorney-client privilege applies to internal investigations, even when the investigations are mandated by law and are not conducted with the sole purpose of obtaining or providing legal advice.
On July 11, 2014, the FDA issued a new Draft Guidance (the Guidance) that will require drug companies to submit information on most drug samples that they distribute in the United States. The new Guidance is entitled “Reporting Drug Sample Information Under Section 6004 of the Affordable Care Act.”
The decisions in Bloomingdale’s and Nordstrom were significant victories for employers, but the extent and consequences of these victories have yet to be seen.
Currently, the federal circuits are split over the level of deference that should be afforded to findings made by the USPTO’s Trademark Trial & Appeal Board (TTAB) on likelihood of confusion, with the circuit courts applying at least five different standards.
On June 23, 2014, the California Supreme Court issued a long anticipated decision in Iskanian v. CLS Transportation Los Angeles, LLC, S20403 upholding the validity of employee class action waivers but carved out an exception for representative actions pursuant to the Private Attorney General Act.
On June 25, 2014, in a unanimous decision, the US Supreme Court struck down the “presumption of prudence” afforded ERISA fiduciaries with respect to employer stock investments in employee stock ownership plans (ESOPs) and defined contribution plans.