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Apr 2017
FCC Action Against AT&T Reflects Regulator’s Growing Concentrate on Privacy and knowledge Security Within the wake from the Federal Communications Commission’s (“FCC’s”) first-ever foray last October into fining companies over data security practices, the agency’s Enforcement Bureau Chief, Travis LeBlanc, stated that the company “will not tolerate” conduct that, within the agency’s view, “puts......
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April 12, 2017
Hedging your bet-rate of interest risk in financing transactions
Hedging your bet-rate of interest risk in financing transactions The expression that “a rising tide lifts all boats” might be simple to disregard in the current “low tide” of great interest rates, but investors and...
April 09, 2017
NLRB continues mission to expand its authority
NLRB continues mission to expand its authority Since the nation’s Labor Relations Board has its own mandated full complement of 5 people, it’s expected that it’ll continue its mission to broaden its authority over private...
April 09, 2017
New Executive Orders and OFCCP Rules for Federal Contractors
New Executive Orders and OFCCP Rules for Federal Contractors On July 21, President Obama issued Executive Order 11478, in relevant part, to prohibit federal contractors and subcontractors (government contractors) from discriminating against their employees based...
April 08, 2017
New DOJ Corporate Prosecution Guidelines
New DOJ Corporate Prosecution Guidelines On September 9, 2015, United States Deputy Attorney General Sally Yates released a memorandum titled “Individual Accountability for Corporate Wrongdoing,” the latest in a series of corporate prosecution guidelines written...
April 04, 2017
S.D.N.Y Dismisses Former Employee’s SOX and Dodd-Frank Whistleblower Claims
S.D.N.Y Dismisses Former Employee’s SOX and Dodd-Frank Whistleblower Claims The U.S. District Court for the Southern District of New York recently granted a motion for summary judgment dismissing a plaintiff’s SOX and Dodd-Frank whistleblower claims. The...
April 04, 2017
Post-Alice, has the Fed Circuit suggested another subject matter eligibility test?
Post-Alice, has the Fed Circuit suggested another subject matter eligibility test? Last month, the Federal Circuit issued its latest decision on the issue of patent eligible subject matter. The decision in that case, Ultramercial, Inc....
April 02, 2017
“Fraud on the Market” Theory Basically Survives
“Fraud on the Market” Theory Basically Survives On June 23, 2014, the U.S. Supreme Court decided Halliburton Co. v. Erica P. John Fund, Inc., which addressed whether the “fraud on the market” doctrine established in...
April 01, 2017
Difference of Medical Opinions Doesn’t Prove One Was False
Difference of Medical Opinions Doesn’t Prove One Was False A federal court in Alabama dealt a blow to the theory that in matters of medical judgment, a false claim action can rest on expert opinion...
March 29, 2017
Monkey Selfie Redux
Monkey Selfie Redux This is the famous Monkey Selfie. When we last examined the intellectual property issues raised by a self-portrait taken by a talented female Indonesian crested black macaque—popularly known as the “Monkey...
March 29, 2017
FINRA-DR Task Force Report on Securities Arbitrations
FINRA-DR Task Force Report on Securities Arbitrations FINRA’s Dispute Resolution Task Force issued its Final Report in mid-December. The Report reflects the group’s consideration of wide-ranging issues affecting the nation’s principle dispute-resolution forum for broker-dealers,...