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1
Ninth Circuit Expands "Regarded-As" Disabled Standard
Seyfarth Synopsis: For the first time since the enactment in 2008 of the ADA Amendments Act (ADAAA), which broadened the definition of a disability under the Americans with Disabilities Act (ADA),
United States
14 Dec 2018
2
FMC Commissioner Issues Final Report For Fact Finding 28
On March 5, 2018, the Federal Maritime Commission directed Commissioner Rebecca F. Dye to initiate a fact finding investigation (Fact Finding 28) into demurrage and detention practices at U.S. ports.
United States
14 Dec 2018
3
What Are The Top Hatch-Waxman And BPCIA Developments For November 2018?
This month we highlight two reversals by the Federal Circuit and a summary judgment of indefiniteness from New Jersey.
United States
14 Dec 2018
4
NJDEP Files Lawsuits As It Steps Up Environmental Justice Initiative
On December 6, 2018, New Jersey Attorney General Gurbir Grewal and New Jersey Environment Department of Protection ("NJDEP") Commissioner Catherine McCabe ...
United States
14 Dec 2018
5
ERISA Class-Action Litigation Over Fees In Health And Welfare Plans
Sponsors and fiduciaries of health and welfare plans should be aware of a recently filed class-action lawsuit against alleged fiduciaries of a health plan.
United States
14 Dec 2018
6
NLRB Announces Strategic Plan To Speed Up Case Handling
Last week, the National Labor Relations Board (the "NLRB") approved and released its Strategic Plan for Fiscal Years 2019-2022.
United States
14 Dec 2018
7
Stakeholders Enjoy Streamlined Exemption Renewal Process During Seventh DMCA 1201 Rulemaking
On October 26, 2018, the Library of Congress adopted exemptions to the prohibitions in 17 U.S.C. § 1201(a)(1)(A), which prohibits circumvention of technological measures that control access to copyrighted works.
United States
14 Dec 2018
8
$22 Billion Administrative Overreach
A mind-boggling example of administrative overreach, i.e. HHS's issuance of overreaching regulations (in 2013) and sub-regulatory Guidance (in 2016)
United States
14 Dec 2018
9
2018 In Review – Inter Partes Review Developments, Part 2 Of 2
Following the Oil States decision in which the Supreme Court invoked the public rights doctrine to protect the Patent Trial and Appeal Board's (PTAB) authority to invalidate patents by inter partes review (IPR).
United States
14 Dec 2018
10
Unilateral Revocation Of Article 50 Notification Is Possible
On 10 December 2018, the CJEU issued a judgment, ruling that a Member State can unilaterally revoke its notice to leave the European Union under Article 50 of the Treaty on European Union.
United States
14 Dec 2018
11
Can You Dig It? OSHA Releases Onerous New National Emphasis Program On Trenching And Excavation
OSHA has recently released its National Emphasis Program on Trenching and Excavation, CPL 02-00-161 (October 1, 2018).
United States
14 Dec 2018
12
Fintech Financing Trends
According to a recent research report by CB Insights, in the third-quarter of 2018, there were 375 VC-backed equity financings that raised over $5.64 billion for fintech companies globally.
United States
14 Dec 2018
13
Which Employment Laws Apply To Interstate Compacts?
The Missouri Court of Appeals recently ruled that an employee of an "interstate compact" could not bring claims against the compact under the state Human Rights Act.
United States
14 Dec 2018
14
Screening The Use Of Screening Software For OFAC Sanctions Compliance
On November 27, the Treasury Department's Office of Foreign Assets Control ("OFAC") announced a settlement agreement with a Virginia-based global technology ...
United States
14 Dec 2018
15
Everyone Is Doing It! Three More States Join The Bandwagon In Decriminalizing The Use Of Medical And Recreational Cannabis
In early November of 2018, Michigan, Missouri, and Utah joined the growing list of states that have legalized some form of marijuana use.
United States
14 Dec 2018
16
Internet-Of-Things Security Standards: Will States Follow California's Lead Or Look Across The Pond For Further Guidance?
In September 2018, California passed SB-327, the first Internet of Things (IoT) security law addressing growing concerns over cybersecurity ...
United States
14 Dec 2018
17
Financial Services Report – Winter 2018
In between holiday shopping and merriment, we here at the Financial Services Report are pondering what's in a name. Not much, said Shakespeare.
United States
14 Dec 2018
18
SCOTUS To Revisit Standard For Reviewing Agency Interpretations
The Supreme Court decided Monday that it will review whether to keep or scrap its standard for reviewing interpretations by federal agencies of their own regulations.
United States
14 Dec 2018
19
DOJ Eases Yates Memo's "All Or Nothing" Approach To Corporate Cooperation Credit
On November 29, 2018, Deputy Attorney General Rod J. Rosenstein announced the Department of Justice's (DOJ) much-anticipated revisions to the September 2015
United States
14 Dec 2018
20
ISDA Finds That OTC Derivatives Notional Outstanding Increased In First Half Of 2018
Based on data from the Bank for International Settlements, ISDA found that OTC derivatives notional outstanding went up during the first half of 2018.
United States
14 Dec 2018
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