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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 ...

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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 ...

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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 ...

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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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Object lesson on how not to respond to consent and enforcement actions

In late-August, the DFS announced an enforcement action and charges against the NY Branch of Habib Bank, a Pakistani bank that had been doing business in NY for almost 40 years. Summary of the Facts The Branch had been operating ...

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EEOC’s collection of pay data delayed

On Tuesday, August 29, 2017, the White House Office of Management and Budget (OMB) initiated a review of the EEOC’s pay data collection rule. As a result, the EEOC’s collection of pay data, which was to have begun on March ...

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Three lessons from Federal Circuit ruling on computer implemented inventions

The Court of Appeals for the Federal Circuit revisited the often unclear question of subject matter eligibility under 35 U.S.C. § 101 in Visual Memory LLC. v. Nvidia Corp. In the 2-1 decision, the Federal Circuit reversed the district court’s determination ...

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Struggling to keep up with employee summer vacation time?

Published in NH Business Review (8/16/2017) and posted on www.mclane.com. Neither federal nor New Hampshire law requires that employers provide paid time off to employees. The reality is that paid time off is an assumed benefit of employment resulting from social ...

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SEC report on ICOs and Token Sales – “If it sounds too good to be true…”

This article originally ran on www.foleyhoag.com. On July 25, 2017, the SEC issued an investigative report to advise those who have used or may consider using a virtual organization or capital raising entity that uses distributed ledger or blockchain technology to facilitate ...

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PODCAST: Microchipping employees arrives at U.S. workplaces

If your employer came to you and asked whether you wanted to have a microchip the size of a grain of rice implanted under your skin to help you access your building or pay for items at the lunch counter ...

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