On October 12, 2017, the Securities and Exchange Commission (SEC) proposed amendments to various items of Regulation S-K that are intended to (1) modernize and simplify certain disclosure requirements in Regulation S-K and related rules and forms and (2) improve the readability and navigability of disclosure documents and discourage repetition and disclosure of immaterial information.
On September 29, 2017, the Fifth Circuit overturned a $664 million False Claims Act (FCA) judgment in U.S. ex rel. Harman v. Trinity Industries, Inc, Case No. 15-41172 (5th Cir). The court’s reasoning offers substantial ammunition to FCA defendants, and further demonstrates that courts really will enforce the strict materiality requirements outlined by the Supreme Court in Universal Health Servs., Inc. v. United States ex rel., Escobar, 136 S. Ct. 1989, 1995 (2016).
Just recently, in Severson v. Heartland Woodcraft, the Seventh Circuit Court of Appeals completely rejected the EEOC’s position – “A multimonth leave of absence is beyond the scope of a reasonable accommodation under the ADA.“
New York’s Paid Family Leave Law (PFLL) will provide employees with wage replacement while away from work in order to bond with a child, care for a close relative with a serious health condition, or help with family duties when someone is called to military service.
Some may say that it was only a matter of time. On September 7, 2017 Equifax, one of the country’s three main credit reporting agencies, reported that it has been hacked. It appears that the breach took place from mid-May through July, during which the hackers accessed names, Social Security numbers, personal ID numbers, birth dates, addresses, and, in some cases, driver’s license numbers and credit card numbers. This breach affects at least 143 million U.S. consumers.
The federal district court in Connecticut recently considered whether federal law prevents enforcing Connecticut’s Palliative Use of Marijuana Act (PUMA), which permits the use of medical marijuana for certain conditions.
The Missouri legislature recently enacted significant changes that raise the bar on proving discrimination and whistleblower claims; cap compensatory and punitive damage; eliminate individual liability for supervisors; and preempt local minimum wages. They become effective on August 28, 2017.
The judge in a recent court case ordered the Equal Employment Opportunity Commission (EEOC) to develop the administrative record supporting rewards of up to 30% of the cost of health coverage for participation in wellness programs. If the EEOC is unable to defend the size of the reward, the EEOC may have to change its wellness program rules.
The National Institute of Standards and Technology (NIST) recently released an updated draft of its Special Publication (SP) 800-53, Security and Privacy Controls for Information Systems and Organizations that sets forth cybersecurity guidance for securing devices and software commonly referred to as the “internet of things.” The draft represents NIST’s latest attempt to produce a unified information security framework for the federal government that is now also bleeding into the private sector.