Code of Federal Regulations

  • Pennsylvania Court Finds College Has Limited Duty to Provide Athletic Trainers to Student Athletes

    Recently, the Pennsylvania Supreme Court ruled that Lackawanna College could face gross negligence and recklessness claims from two student football players by creating an expectation that athletic trainers would be available to the players at football practices and games. (See Article)

    Oct 23, 2019 6:32 PM

  • Georgia Supreme Court Amends Rules Regarding Amicus Briefs

    The decisions of appellate courts often establish precedent that will have ramifications that extend far beyond the immediate parties to an appeal. (See Article)

    Oct 23, 2019 6:32 PM

  • Waivable Conflict Not Validly Waived, Leads To Remand for New Trial

    In United States v. Arrington, 17-4092-cr (October 18, 2019) (Lynch, Lohier, Judge Brian M. Cogan of the United States District Court for the Eastern District of New York, sitting by designation), the Second Circuit vacated Defendant-Appellant Roderick Arrington’s convictions for murder in aid of racketeering and related convictions, and remanded for a new trial, holding that he was not provided with adequate information prior to waiving his attorney’s actual conflict of interest. (See Article)

    Oct 23, 2019 6:32 PM

  • What Does It Mean to be Trauma-Informed? (Part 2 of 2)

    (NOTE: Part 1 of this two-part series provided information on The Pennsylvania Commission on Crime and Delinquency’s Model Trauma-Informed Approach Plan. Part 2 of this series will provide additional information on state and federal guidance to enable districts to be legally and educationally trauma-informed.) (See Article)

    Oct 23, 2019 6:32 PM

  • The Dynamex Decision Is Retroactive (For Now)

    The Dynamex decision and the passage of AB 5 has led to confusion about the applicable standard to use for determining whether a worker is misclassified as an independent contractor. (See Article)

    Oct 23, 2019 6:32 PM

  • California Consumer Privacy Act: Are You Ready? (Part 2)

    In Part 1, we summarized the recent legislative changes regarding the California Consumer Privacy Act (“CCPA”). Bearing in mind the CCPA takes effect on January 1, 2020 and the Attorney General is required to issue regulations by July 1, 2020, these regulations both meet that time frame, but also seek to provide much-needed guidance to industry. (See Article)

    Oct 23, 2019 6:32 PM

  • Rent Caps, Carveouts and “Just Cause” Evictions: Breaking Down the Tenant Protection Act of 2019

    Gov. Gavin Newsom recently signed the Tenant Protection Act of 2019, legislation that caps annual rent increases in California for the next decade. (See Article)

    Oct 23, 2019 6:32 PM

  • Critical Publisher Benchmarks for Digital Subscription Success: Performance of Newspaper Publishers Across the Subscriber Journey - August 2019

    Charting a Path to Sustainability: The GNI Subscriptions Lab - In April 2019, the Google News Initiative partnered with FTI Consulting and Local Media Association to launch the GNI Subscriptions Lab, an intensive cohort-based strategy and enablement program for 10 news publishers in the U.S. and Canada. The goal of the Lab is to develop a sustainable and thriving business model for local news — powered by digital subscriptions. Over nine months, participating publishers are benchmarking their digital subscriptions businesses against the Lab cohort and industry, defining short- and long-term strategic roadmaps, and designing and launching optimization experiments. Finding a path forward for digital subscriptions is critical to the future of news publishers in markets large and small. Please see full Publication below for more information. (See Article)

    Oct 23, 2019 6:32 PM

  • Blog: How are companies approaching the new requirement for hedging policy disclosure?

    At the end of 2018, the SEC dredged up its 2015 rule proposal regarding hedging disclosure (required by Dodd-Frank) and voted to adopt final rule amendments. The amendments mandate disclosure about the ability of a company’s employees or directors to hedge or offset any decrease in the market value of equity securities granted as compensation to, or held directly or indirectly by, an employee or director. (See Article)

    Oct 23, 2019 6:32 PM

  • Thresholds Increase for the Major Assets Prohibition of the Depository Institution Management Interlocks Act Rules

    On October 10, the Office of the Comptroller of the Currency (OCC) published a final rule in the Federal Register that increases the major assets prohibition thresholds for management interlocks in the OCC’s rule implementing the Depository Institution Management Interlocks Act (DIMIA). (See Article)

    Oct 23, 2019 6:32 PM

  • Avanir Pharmaceuticals Pays More than $108 Million to Settle Kickback Violations

    Just to repeat myself – pharmaceutical and medical device firms face extraordinary risks of enforcement under the False Claims Act.  While everyone likes to write and focus on FCPA or anti-corruption risks for global drug and device firms, a relative risk analysis is likely to reveal that False Claims Act risks significantly outweigh FCPA risks (not to diminish FCPA risks, but relatively speaking). (See Article)

    Oct 23, 2019 6:32 PM

  • EEO-1 Pay Data Collection Is "Complete"

    But it depends on what your definition of "complete" is. The Equal Employment Opportunity Commission has filed a motion asking a federal judge to declare "complete" its collection of EEO-1 "Category 2" pay data. (See Article)

    Oct 23, 2019 6:32 PM

  • “Congrats and Thanks” U.S. Olympic Committee Expands Personal Sponsorship Marketing for Athletes and Sponsors at Tokyo 2020

    Brands will attempt to advertise and get their message through wherever people are watching, and people watch the Olympic Games in large numbers. Thus, just as official paid sponsorships of the Games is quite costly, other brands not paying official sponsorship fees have often attempted to engage in ambush marketing around the Games. (See Article)

    Oct 23, 2019 6:32 PM

  • New Laws Impacting California Behavioral Health Care Providers and Labs

    As part of an increasing trend towards regulation of behavioral health, a pair of new laws have been adopted that will impact certain California behavioral health providers and laboratories, with two proposed companion laws vetoed by Governor Newsom but expected to return. (See Article)

    Oct 23, 2019 6:32 PM

  • Executive Orders Seek to Limit the Bite of Agency Guidance

    On October 9, 2019, President Trump issued two executive orders regarding agency guidance – one focused on the development of new guidance and the other on the appropriate use of guidance in enforcement actions. And EPA is not wasting any time taking action. EPA Administrator Andrew Wheeler issued a memorandum on October 21, 2019 announcing the creation of two working groups to interpret and apply the executive orders. (See Article)

    Oct 23, 2019 6:32 PM

  • CMS proposes to recalibrate the scope and application of the Stark regulations

    As part of the long-awaited proposed changes “to modernize and clarify” the regulations that interpret the Physician Self-Referral Law (the “Stark Law”) released on October 9, 2019, the Centers for Medicare and Medicaid Services (CMS) is proposing to recalibrate the scope and application of the regulations. (See Article)

    Oct 23, 2019 6:32 PM

  • English jurisdiction clause binding anchor defendants decisive in court’s conclusion that England is proper forum

    The High Court distinguished the Supreme Court decision of Lungowe v Vedanta Resources plc (Vedanta),1 giving more weight to the desirability of avoiding multiplicity of actions and the risk of inconsistent judgments when concluding that England was clearly the proper place to bring claims against a defendant against whom proceedings had previously been issued in Singapore. (See Article)

    Oct 23, 2019 6:32 PM

  • Maine Accepting Comments on PFOS as a Priority Chemical in Children’s Products

    The Maine Department of Environmental Protection (DEP) has proposed a rule designating perfluorooctane sulfonic acid (PFOS) as a priority chemical under the state’s Toxic Chemicals in Children’s Products Law. DEP’s proposal would trigger reporting obligations for manufacturers of certain products that contain PFOS. (See Article)

    Oct 23, 2019 6:32 PM

  • Enhanced Corporate Governance Requires Proactive Strategy

    Good corporate governance requires that boards and senior management of all organizations (including public, private and not-for-profit organizations) be kept fully informed of all material enterprise risks. Unfortunately, recent financial disasters and scandals at major organizations indicate that this is not uniformly true. Originally published in Law360 on October 22, 2019. (See Article)

    Oct 23, 2019 6:32 PM

  • Supreme Court to Decide CFPB’s Constitutionality

    A&B ABstract: On October 18, 2019, the Supreme Court granted certiorari in Seila Law v. CFPB to decide the constitutionality of the Consumer Financial Protection Bureau’s leadership structure. (See Article)

    Oct 23, 2019 6:32 PM

  • Ninth Circuit: No Consolidation Absent Notice to Creditors of Non-Debtors

    In In re Mihranian, 2019 WL 4252115 (9th Cir. 2019), the Ninth Circuit Court of Appeals held, as a matter of first impression, that a party moving for substantive consolidation of the debtor's bankruptcy estate with the estate of a non-debtor must provide notice of the motion to the creditors of the putative consolidated non-debtor. (See Article)

    Oct 23, 2019 6:32 PM

  • Court of Federal Claims Clarifies Limits of Task Order Protest Jurisdiction

    Court holds it lacks jurisdiction over protests of task order modifications within scope of underlying IDIQ contract. The COFC generally is barred by statute from hearing bid protests in connection with the issuance of task orders under FAR Part 16. (See Article)

    Oct 23, 2019 4:32 PM

  • Calif. Data Broker Law May Be Part of Growing Trend

    Last month, the California legislature capped its 2019 legislative session by sending five amendments to the California Consumer Privacy Act to the California governor’s desk for signature. Originally published in Law360 on October 22, 2019. (See Article)

    Oct 23, 2019 4:32 PM

  • Building Relationships: Connection Through Storytelling

    Daily, we interact with lots of people – this happens in person, at our offices, in the coffee shop, at our kids’ sporting events or art classes. It happens online, through our group chats, text messages with friends, Facebook shares, LinkedIn comments, etc. We interact so much and so frequently, that we’ve reached a real saturation point with these interactions, and even with our professional messages, we can see a lack of care that a lot of us are giving to the details over the tools and the shiny new thing. Instead, we’re just blindly producing more and more and more and more, adding more noise (as Adrian Lurssen would say).  (See Article)

    Oct 23, 2019 4:32 PM

  • Bid Protests and Bridge Contracts – When Is the Sole Source Bridge Contract Justified by Urgent and Compelling Need?

    Bid protests afford disappointed offerors the opportunity to challenge flawed procurements and award decisions that violate the rules. Bid protest procedures, at least in theory, are intended to further this purpose. (See Article)

    Oct 23, 2019 4:32 PM

  • The Impossible Choice

    Selecting a Guardian for Your Children - You put so much thought into caring for your children - finding the best doctors, the healthiest foods, and the schools that best suit their personalities. But if you are like many parents with young children, you have not thought about what would happen if you were unable to care for your children. Who would step in and make sure your children are cared for, loved, and raised if you were unable to? Picking a guardian to care for your children if something were to happen to you is one of the toughest decisions you can make, but it is also one of the most important. So what are some factors to consider when selecting a guardian, and what happens if you do not have a guardian selected and a need arises? (See Article)

    Oct 23, 2019 4:32 PM

  • Just another TPA error

    Retirement plans with more than 100 participants require a CPA audit for their Form 5500. However, small plans with less than 100 participants may sometimes require an audit. This often happens when more than 5% of the Plan’s assets are invested in what is called non-qualified assets and a fidelity bond wasn’t purchased in the amount of the non-qualified assets. (See Article)

    Oct 23, 2019 4:32 PM

  • California Consumer Privacy Act: Are You Ready? (Part 1)

    In the last few weeks we have seen both regulatory and legislative action that has helped to clarify the scope and impact of the California Consumer Privacy Act (“CCPA”). By way of a refresher, the CCPA seeks to protect the personal information of California consumers by giving them greater knowledge about the nature and extent of the data collected about them, how it is used (sold or shared) by those who possess it, and how the individual consumer can control the use of his/her personal data. (See Article)

    Oct 23, 2019 4:32 PM

  • New Staff Legal Bulletin No. 14K – More Clarity From Corp Fin Staff on Core Rule 14a-8 Bases for Exclusion of Shareholder Proposals

    On October 16, 2019, the Securities and Exchange Commission’s (“SEC”) Division of Corporation Finance (“Corp Fin”) issued Staff Legal Bulletin No. 14K (“SLB 14K”) addressing shareholder proposals.  This guidance follows Corp Fin’s September 6, 2019 announcement regarding changes to the Corp Fin staff’s (the “Staff”) process for handling shareholder proposals (the “New Policy”), which may include the Staff’s decision to decline to state a view in connection with a particular no-action request. (See Article)

    Oct 23, 2019 4:32 PM

  • Judge Netburn Finds Defendant That Won Partial Summary Judgment Is a "Prevailing Party" for Purposes of Attorneys' Fees

    In her September 2018 summary judgment decision, U.S. District Judge Alison J. Nathan (S.D.N.Y.) found that one of seven patents asserted by Plaintiff Seoul Viosys Co. ("SVC") was invalid, and that SVC was not entitled to a remedy for infringement of another asserted patent. (See Article)

    Oct 23, 2019 4:32 PM