Last week, the Tenth District Court of Appeals upheld summary judgment in favor of an institutional trustee where trust beneficiaries sued the trustee—after executing a release of the trustee for actions taken in administration of the trust— for negligence and breach of fiduciary duty.
Picture this: your company operates a website which allows users to post material such as music, drawings, videos or photographs. One day your company receives a letter alleging copyright infringement and demanding a large sum of money from your company because one of those user-generated posts included copyright-protected materials without the owner’s authorization.
On March 6, 2017, House Republicans released their proposed legislation (the proposal) to repeal and replace the Patient Protection and Affordable Care Act (ACA).
Effective July 1, 2017, Seattle’s Secure Scheduling Ordinance requires certain large employers to establish predictable work schedules, involve their employees in scheduling practices, and ensure that employees may obtain additional hours of work before new employees are hired.
The U.S. Citizenship and Immigration Services (USCIS) has announced that it will temporarily suspend Premium Processing (which guarantees adjudication in 15 calendar days) for all H-1B visa petitions filed on or after April 3, 2017.
Beginning on March 8, 2017, employers in San Jose generally must offer their part-time employees additional work hours before hiring new or temporary employees.
On March 1, the New York State Department of Financial Services’ (DFS) Cybersecurity Requirements for Financial Services Companies (the regulations) went into effect.
In January 2017, the Fourth Circuit Court of Appeals (which covers Maryland, Virginia, West Virginia, and North and South Carolina) created a new test for determining whether separate employers are deemed joint employers under the Fair Labor Standards Act (FLSA).
With the enactment of Senate Bill 19 on February 6, 2017, Missouri became the latest state to enact a right-to-work law making it illegal to require employees to become or remain union members, pay union dues, or pay fair share fees in lieu of union dues as a condition of employment or continued employment.
“Smart” television manufacturer VIZIO, Inc. has agreed to pay $2.2 million to settle charges brought by the Federal Trade Commission (FTC) and New Jersey Attorney General arising from VIZIO’s alleged collection and use of detailed viewing history on 11 million of its smart TVs without consumers’ knowledge or consent.
On January 31, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it took action against a California mortgage lender, two real estate brokers and a mortgage servicer for violations of the anti-kickback provision of the Real Estate Settlement Procedures Act (RESPA).
More changes are going into effect at the Trademark Office that may increase the vulnerability of trademark registrations both during prosecution and after registration.
In a case of first impression, the Ninth Circuit Court of Appeals recently determined whether an employer may satisfy the Fair Credit Reporting Act's (FCRA) disclosure requirements by providing a job applicant with a disclosure for consumer report that also served as a liability waiver for the employer.
The Office of Federal Contractor Compliance (OFCCP) regulations require that federal contractors invite job applicants and employees to self-identify as being an individual with a disability.
Recently, The Federal Trade Commission (FTC) released a staff report titled “Cross-Device Tracking” (staff report). As the title suggests, this staff report addresses the practice of cross-device tracking and builds from the FTC’s November 2015 Cross-Device Tracking Workshop (workshop), where stakeholders and others discussed cross-device tracking, its benefits and challenges, and industry efforts to address privacy and security concerns created by the practice.
For the first time in nearly 30 years, the Substance Abuse and Mental Health Services Administration (SAMHSA) has updated the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 C.F.R. Part 2).
Philadelphia Mayor Jim Kenney recently signed into law an ordinance designed to address gender-based wage disparities by prohibiting employers from inquiring about a job applicant’s wage history. This ordinance follows a similar law enacted by Massachusetts in August 2016 which became the first state to prohibit employers from asking about or requiring a job applicant to disclose his or her wage history. Similar legislation has since been introduced in New Jersey, Pennsylvania, and New York City.
At the beginning of each government fiscal year, which starts October 1, the U.S. Citizenship and Immigration Services (USCIS) makes available an allocation of new H-1B visas.
