Alerts

In a decision with wide potential impact, the California Supreme Court for the first time interpreted an obscure provision in the state’s wage orders requiring that employers provide employees with seats.

The US Supreme Court is set to hear oral arguments on April 19 in Universal Health Services, Inc. v. United States ex rel. Escobar, a key case addressing the implied certification theory of liability under the False Claims Act. 

Autonomous driving, hybrids, and electric vehicles are now squarely part of our generation’s lexicon.

There is no “adequate procedures” defense to bribery under the Foreign Corrupt Practices Act, but it has long been understood that maintaining a robust, risk-based compliance program can lead to reduced charges and penalties.

Social media disclosures may cause heart palpitations for advertisers and copywriters, but the Federal Trade Commission isn’t backing down.

In this episode of Fashion Counsel, Partner Anthony Lupo talks with Jessica Cardon, Senior Vice-President of Camuto Group, about balancing the various aspects of a comprehensive footwear company before a live audience at Bisnow’s 6th Annual NYC Retail Summit Event.

NHTSA issued an Enforcement Guidance Bulletin that outlines the agency’s views on emerging automotive technologies. The bulletin suggests guiding principles and best practices for vehicle and equipment manufacturers as they develop and implement new technologies and report safety related defects.

As in previous years, 2015 brought a combination of expected and unexpected holdings by the Supreme Court and the Federal Circuit.

On March 21, the US Supreme Court rejected a challenge by Nebraska and Oklahoma against a Colorado law that allows for the recreational use of marijuana.

A case filed by Burberry Ltd. earlier this year against JC Penney Corp Inc. in the Southern District of New York for trademark infringement, and related state and federal unfair competition claims over JC Penney’s use of a checkered pattern on coats appears to have quickly been resolved.

In the wake of the recent ransomware attack on Hollywood Presbyterian Medical Center, news reports have emerged that at least three more medical centers and a large health care system have been the victims of these attacks.

On March 18, retailer Sears Holdings Corp. was hit with a $5.5 million lawsuit in Illinois’ Cook County Circuit Court by clothing company Sprockets Clothing Inc. (which is now known as SCI Apparel Inc.).

On March 24, 2016 the Supreme Court of the State of Illinois affirmed the Circuit Court’s decision that the Illinois law modifying the provisions of Chicago’s pension statute violated the Illinois Constitution.

Employers with employees in California, regardless of where the employer is based, should take the following steps now to ensure compliance. 

On March 21, 2016, the US Department of Health and Human Services Office for Civil Rights (OCR) announced it was beginning its next round of audits of covered entities and business associates for compliance with the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule.

Applying an “economic reality” test derived from the Fair Labor Standards Act (FLSA), the US Court of Appeals for the Second Circuit recently ruled that an HR Director could be held personally liable for violations of the Family and Medical Leave Act (FMLA).

Federal prosecutors appearing at the American Conference Institute’s 16th Annual Forum on Fraud and Abuse in the Sales and Marketing of Medical Devices earlier this month outlined recent enforcement trends that should catch the attention of the health care industry.

If finalized, the Proposed Rule would represent the most dramatic change in Part B Drug reimbursement since the enactment of the Medicare Modernization Act.

When the next recession occurs there probably will be other municipalities in severe fiscal distress that opt to file under chapter 9. Now is a good time for capital market participants to focus on changes to chapter 9 that address the lessons from the most recent round of municipal bankruptcies.

On February 25, 2016, the US Department of Labor (DOL) published proposed regulations implementing Executive Order 13706, which requires federal government contractors to provide covered employees with up to 7 days of paid sick leave annually, including paid leave for family care.

Continuing its increasing trend of filing lawsuits on behalf of Charging Parties on emerging issues, the US Equal Employment Opportunity Commission (EEOC) announced on March 1, 2016 that it has filed its first two sex discrimination cases based on sexual orientation.

On February 24, 2016, President Obama signed the Trade Facilitation and Trade Enforcement Act of 2015, H.R. 644 (Customs Reauthorization Bill), into law.

These proposed changes to the rules governing the confidentiality of substance abuse treatment records mark the first time the regulations have been subject to revision since 1987.

In a recent opinion, the Ninth Circuit reversed the dismissal of a lawsuit against the developer of the highly-anticipated videogame Grand Theft Auto V.