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Afternoon Briefs: Judge died from fentanyl and heroin; $117M pelvic mesh settlement announced

*Johnson & Johnson and subsidiary to pay $117M settlement in multistate pelvic mesh case* Johnson & Johnson and its subsidiary Ethicon have agreed to pay…
ABA Journal - Published

Blind state supreme court justice will run marathon despite lasting pain from injury

Michigan Supreme Court Justice Richard Bernstein refuses to let setbacks and pain stop him from continuing to run marathons. Bernstein will participate Sunday in the…
ABA Journal - Published

Former top lawyer for state agency pleads guilty to sending herself fake threatening emails

The former general counsel for the Oklahoma State Department of Health has pleaded guilty to two misdemeanors for sending herself threatening emails amid a dispute…
ABA Journal - Published

Federal judge grants lawyer’s deadline extension so he can ‘stay up late watching baseball’ with his son

A federal judge in Washington, D.C., has granted a lawyer’s request to push back a briefing deadline for two days, so he and his son…
ABA Journal - Published

Afternoon Briefs: Boies booted from suit against Dershowitz; DA’s Halloween display criticized

*Judge boots Boies from defamation suit against Dershowitz* U.S. District Judge Loretta Preska on Wednesday refused to toss a defamation suit filed against former…
ABA Journal - Published

More than 100 law firms have reported data breaches; 2 BigLaw firms affected

More than 100 law firms have reported data breaches to authorities in 14 states since 2014, according to an analysis by Law.com. Two of the…
ABA Journal - Published

Mississippi takes steps to end delays in psychiatric evaluations of criminal defendants

Mississippi’s Department of Mental Health will spend nearly $20 million on a new unit for forensic beds, an investment the state hopes will relieve a…
ABA Journal - Published

United States: Craig Wright's Hidden Treasures: Court Order To Unlock The Tulip Trust - Rimon P.C.

Rimon Law Fintech Partner, Dror Futter, recently contributed to a cointelegraph.com bitcoin article.
Mondaq - Published

United States: Major Legislative Changes To Nevada's Energy Laws - Lewis Roca Rothgerber Christie LLP

The 2019 Legislative Session concluded with the passage of a series of new laws affecting Nevada's electricity providers and their customers.
Mondaq - Published

United States: WHD Releases Proposed Rule On Tipped Employees - Seyfarth Shaw LLP

Seyfarth Synopsis: The Department of Labor's Wage & Hour Division announced its long-awaited proposed rule related to the FLSA's tip provisions.
Mondaq - Published

United States: California Employers Subject To New FSA Notice Requirements - Kutak Rock LLP

The law applies to health FSAs and dependent care FSAs and will take effect January 1, 2020.
Mondaq - Published

United States: Why Coach Alberto Salazar's Suspension Doesn't Mean The End Of Nike's Elite Oregon Project - Withers LLP

On September 30, the United States Anti-Doping Agency announced that it was suspending Alberto Salazar from track and field for four years for violating anti-doping rules.
Mondaq - Published

United States: Twitter Says No More Ads From State-Controlled News Media - Global Advertising Lawyers Alliance (GALA)

Twitter also said that its new policy change will apply globally, across its entire business.
Mondaq - Published

United States: National Trial Newsletter - October 2019 - Lewis Brisbois Bisgaard & Smith LLP

A summary of major trial victories from around the firm.
Mondaq - Published

United States: SEC Enforcement Update - Mayer Brown

On September 6, 2019, Co-Director of Enforcement Steven Peikin of the SEC delivered a speech at the Securities Conference 2019. During this address, he discussed whether the SEC's Division
Mondaq - Published

United States: SEC Summarizes Regulation Best Interest And Form CRS Relationship Summary - Mayer Brown

If you were somewhat put off by the prospect of reading over 1,000 pages of adopting releases for Regulation Best Interest and the Form CRS relationship summary and amendments to Form ADV, you are now
Mondaq - Published

United States: Chewing Through Baskets: The "Chewy Phantom Guarantee" And A Cautionary Tale Of The Release Of A Valuable Guarantee And Collateral Package - Hogan Lovells

American pet owners are probably all familiar with Chewy, an e-commerce pet food and products supplier that will quickly ship those heavy bags of dog or cat food right to your doorstep at competitive
Mondaq - Published

United States: FTC's COPPA Rule Workshop: A Summary Of Priorities From Advocates And Industry, And The FTC's Poker Face - Venable LLP

The Federal Trade Commission held a workshop yesterday in Washington, D.C., to discuss possible updates to the COPPA Rule, which implements the Children's Online Privacy Protection Act ("COPPA").
Mondaq - Published

United States: Don't Save New Fish To Fry In Reply - Marshall, Gerstein & Borun LLP

In Henny Penny Corp. v. Frymaster LLC (Fed. Cir. 2019), the Federal Circuit again upheld the PTAB's application of its rule prohibiting petitioners from raising new arguments in a reply brief
Mondaq - Published

United States: There's A New Economic Sanctions Sheriff In Town: The SEC - Torres Law, PLLC

In recent years, the U.S. Securities and Exchange Commission appears to be taking a more active role in a regulatory area for which it is not traditionally associated: economic sanctions.
Mondaq - Published

United States: Lessons From The L3Harris Technologies Consent Agreement With DDTC - Torres Law, PLLC

On September 19, 2019, the DDTC entered into a consent agreement with L3Harris Technologies, Inc. for alleged violations of the Arms Export Control Act and the International Traffic in Arms..
Mondaq - Published

United States: SCOTUS Case Watch 2019-2020: Welcome To The New Term - Ogletree, Deakins, Nash, Smoak & Stewart

he Supreme Court of the United States kicked off its 2019-2020 term on October 7, 2019, with several noteworthy cases on its docket.
Mondaq - Published

United States: D.C. Circuit Weighs In On Issue Of Willfulness In Prosecutions For Unlawful Exports - Torres Law, PLLC

What is the appropriate standard for determining whether a defendant has acted willfully in violation of the Arms Export Control Act ("AECA")?
Mondaq - Published

United States: M&A Risks For Boards And Management Teams In 2019-20 – Takeaways From Conference Board Panel Discussion Among Cleary Gottlieb, J.P. Morgan And Centerview M&A Advisors - Cleary Gottlieb Steen & Hamilton LLP

On September 21, 2019, Cleary Gottlieb partners Ethan Klingsberg and Jim Langston, along with moderator Paul Washington
Mondaq - Published

United States: California Adopts Stricter Limits On Lead And Cadmium In Jewelry - Steptoe & Johnson LLP

California recently passed Senate Bill (SB) 647 into law, a bill that amends the state's existing jewelry laws and significantly reduces
Mondaq - Published

United States: TTABlog Test: Is INTEGRATED PERFORMANCE CARE SYSTEMS Confusable With This Word+Design Mark For Chiropractic Services? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused to register the mark INTEGRATED PERFORMANCE CARE SYSTEMS for, inter alia, chiropractic services [CARE SYSTEMS disclaimed], finding a likelihood of confusion with the registered
Mondaq - Published

United States: USPTO To Tweak PTA Rules In View Of Supernus - Foley & Lardner

In Supernus Pharmaceuticals, Inc. v. Iancu, the Federal Circuit held that the USPTO cannot charge a Patent Term Adjustment (PTA) deduction for "applicant delay"
Mondaq - Published

United States: Oh! Mega Liability For Landlords Under Second Circuit's Recent Trademark Infringement Ruling In Omega SA v. 375 Canal LLC - BakerHostetler

In March 2019, after a seven-year-long legal battle, a Manhattan jury found defendant landlord 375 Canal LLC contributorily liable for trademark counterfeiting and infringement and awarded Omega
Mondaq - Published

United States: CFTC DSIO Director Reviews Compliance And Supervisory Issues For 2020 - Cadwalader, Wickersham & Taft LLP

CFTC Division of Swap Dealer and Intermediary Oversight ("DSIO") Director Joshua B. Sterling reviewed "key supervisory considerations" that will be addressed in the upcoming year.
Mondaq - Published

United States: Cross-Border Agreement Allows U.S. And UK Law Enforcement Expedited Access To Tech Company Data - Cadwalader, Wickersham & Taft LLP

U.S. Attorney General William P. Barr and UK Home Secretary Priti Patel entered into a cross-border agreement that "will dramatically speed up investigations by removing legal barriers
Mondaq - Published

United States: Cybersecurity Issues To Consider In Oil And Gas M&A - Skadden, Arps, Slate, Meagher & Flom (UK) LLP

One of the foremost threats companies face today is that posed by cybercriminals, and the unique vulnerabilities of companies in the oil and gas
Mondaq - Published

United States: Highlights From The Massachusetts Department Of Public Utilities Order In The National Grid Rate Case - Foley Hoag LLP

Rejection of Significant EV Expansion, Concern Regarding Interconnection Issues, and a Management Audit
Mondaq - Published

United States: CFIUS Proposed Rules Target Critical Technology, Sensitive Personal Data And Real Estate - Proskauer Rose LLP

On September 17, 2019, the Department of the Treasury issued long-awaited proposed rules implementing many of the provisions
Mondaq - Published

United States: In Cases Involving Publicity Rights And The Intellectual Property Exclusion, Facts, Not Labels Of Causes Of Action, Are Relevant To Coverage Analysis - Winston & Strawn LLP

We recently highlighted several rulings in favor of policyholders where an insurer had disputed its duty to defend underlying claims ranging from misappropriated trade secrets to infringed trademarks
Mondaq - Published

United States: IRS Provides Final QBI Real Estate Safe Harbor Rules - Ostrow Reisin Berk & Abrams

In February of this year, the IRS published a proposed safe harbor for owners of certain rental real estate interests who wanted to take advantage of the qualified business income (QBI) deduction
Mondaq - Published

United States: Eye On ERISA: Q&A With McDermott's Ted Becker - McDermott Will & Emery

As presidential hopefuls bemoan the high cost of healthcare, McDermott's Ted Becker imagines a stack of lawsuits pushed toward corporations and insurance
Mondaq - Published

United States: Best Practices In Administering Benefit Claims #1 – Know (And Read) Your Plan Document - Proskauer Rose LLP

Our ERISA Practice Center blog posts often discuss many complex, and sometimes esoteric, substantive and procedural ERISA issues, as well as related agency guidance and case law.
Mondaq - Published

United States: Not Every Written And Signed "Agreement" Is A Legally Enforceable "Contract" - Smith Gambrell & Russell LLP

On January 4, 2013, Thelma Sosa and Aron Froimovits signed a handwritten, one-page agreement in which Sosa agreed to sell to Froimovits or his assignee two separate properties in Brooklyn
Mondaq - Published

United States: Pipeline Crafts Urge U.S. Supreme Court To Reverse Atlantic Coast Pipeline Decision And To Allow A More Reliable Permitting Process - Stites & Harbison PLLC

On October 4, 2019, the U.S. Supreme Court agreed to review the 4th Circuit's rejection of the National Forest Service's permit authorizing the Atlantic
Mondaq - Published

United States: Eleventh Circuit Affirms That Banks Must Use Unambiguous Language When Disclosing Methods For Assessing Overdraft Fees - Burr & Forman LLP

After analyzing the two agreements, the court held that the language in question was ambiguous.
Mondaq - Published

United States: With Limited IRS Extension, Plan Sponsors Should Review Their 403(b) Plan Documents - Burr & Forman LLP

In 2007, the Internal Revenue Service ("IRS") published final regulations applicable to 403(b) programs.
Mondaq - Published

United States: I-9 Compliance Update - Burr & Forman LLP

In Fiscal Year 2018, HSI conducted 5,981 I-9 inspections, compared to 1,360 in Fiscal Year 2017.
Mondaq - Published

United States: OSHA.Gov Highlights Grain Handling Facility Safety On Main Website - Seyfarth Shaw LLP

Seyfarth Synopsis: Federal OSHA has put grain handling safety right up-front on its main homepage. OSHA wants you to "learn how to stay safe during grain handling operations."
Mondaq - Published

United States: Supreme Court Rejects Invitation To Decide Whether Your Company's Website Must Be Accessible To Individuals With Disabilities - Foley & Lardner

Is your private sector company required by law to make its website accessible to individuals with disabilities? The answer depends on which judge you ask in which jurisdiction
Mondaq - Published

United States: Southern District Of New York Dismisses Federal Securities Claims Against Asset Management Company For Failure To Adequately Allege Reliance Or Causation - Shearman & Sterling LLP

On September 30, 2019, Judge Loretta A. Preska of the United States District Court for the Southern District of New York dismissed federal securities
Mondaq - Published

United States: NLRB Holds That Misclassification Of Employees Is Not Per Se a Violation Of NLRA - BakerHostetler

On Aug. 29, the National Labor Relations Board (NLRB) held that an employer's misclassification of its employees as independent contractors does not,
Mondaq - Published

United States: The Business Of Sports - Dickinson Wright PLLC

While driving down the I-15, shopping in Summerlin or even strolling the streets of downtown, it's obvious that the business of sports is alive and well in the city.
Mondaq - Published

United States: Jeffress Featured On BBC Radio 4 Discussing Impeachment Inquiry - Arnold & Porter

Arnold & Porter White Collar Defense partner Amy Jeffress was featured on a recent segment of BBC Radio 4's The Briefing Room discussing
Mondaq - Published

United States: New Jersey Appellate Division Case Reduces Burden To Prove Failure To Accommodate Claim Under NJLAD And Creates New Workers' Compensation Claim - BakerHostetler

A middle school teacher who was injured after she had a hypoglycemic event in front of her students as a result of low blood sugar levels, which she claimed occurred because the schoo
Mondaq - Published

United States: New Jersey's New Wage Theft Act Imposes - BakerHostetler

On Aug. 6, New Jersey Acting Gov. Sheila Oliver signed the Wage Theft Act (WTA), which amends the New Jersey Wage Payment Law, the New Jersey Wage and Hour Law and the New Jersey Wage Collection Law.
Mondaq - Published

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