The U.S. Foreign Corrupt Practices Act turned forty this year. The Department of Justice is marking that anniversary by announcing a new Corporate Enforcement Policy specific to FCPA matters. The new Policy makes explicit that when a company has voluntarily self-disclosed misconduct, ...
Read More »Supreme Court considers the constitutionality of the IPR statute
The Supreme Court has considered the constitutionality of the IPR statute in a lively hour-long oral argument before a packed courtroom. The case, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, asks whether the invalidation of patents in an IPR by ...
Read More »340B hospitals file suit in wake of hospital outpatient cuts
On November 13, 2017, a group of hospital trade associations (the American Hospital Association, the Association of American Medical Colleges, and America’s Essential Hospitals), along with two health system providers, filed suit against the Department of Health and Human Services ...
Read More »Non-compete legislation update: Why choices of law and forum are a big deal
On October 31, 2017, the Joint Committee on Workforce and Development once again held a hearing to discuss the possibility of legislative changes to Massachusetts non-competition and trade secrets laws. There were several bills up for discussion. One significant provision ...
Read More »What employers need to know about employment-based green card interviews
Based on President Trump’s Executive Order 13780, “Protecting the Nation from Foreign Terrorist Entry Into the United States,” USCIS has implemented a new policy to interview all employment-based adjustment of status applicants where the application was filed after March 6, ...
Read More »Workers’ compensation ruling given preclusive effect in discrimination lawsuit
Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in workers’ compensation proceedings. The Facts Three Laotian correctional officers—Va ...
Read More »DOE issues new title IX interim guidance
On September 22, 2017, the Department of Education (“DOE”) issued new interim guidance for Title IX, formally withdrew prior guidance documents, including the April 4, 2011 Dear Colleague Letter and the Questions and Answers on Title IX Sexual Violence dated April 29, 2014, and announced its intention to ...
Read More »Dismissal of case against UPenn good news for 403(b) plan sponsors
Colleges and universities have finally received some encouraging news in the recent spate of class action suits against higher education 403(b) plans. Last week a federal judge dismissed all claims against the University of Pennsylvania, marking the first time that ...
Read More »Filed v. furnished, what’s the difference?
When disclosing information in a filing with the SEC, it is important to know whether such disclosure and any related exhibits should be “filed” or “furnished”. To non-lawyers, this may seem like semantics or another technical difference among lawyers, but ...
Read More »PODCAST: The Equifax breach: How bad is it, and how should you respond?
Given that 143 million Americans were reportedly affected, odds are good that you or at least someone you know was impacted by the data breach of the credit reporting agency Equifax, which was reported several weeks after the company learned about it. ...
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