Client Alerts

March

• 3/7/2018
  Client Alert: FTC Reaches Settlement with Paypal over Gramm-Leach-Bliley Act and FTC Act Violations
  The Federal Trade Commission (FTC) has announced a settlement with PayPal, Inc., operating as Venmo, over alleged violations of the Federal Trade Act and the Gramm-Leach-Bliley Act (GLBA). 
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• 3/7/2018
  Labor and Employment Alert: $50 reduction of 2018 Limit on HSA Contributions for Family HDHP Coverage
  The Tax Cuts and Jobs Act changed the indexing of numerous dollar amounts under the Internal Revenue Code effective in 2018.
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• 3/5/2018
  Client Alert: Employment Agreements must ‘Presently’ Assign IP Rights
  The U.S. Court of Appeals for the Federal Circuit recently addressed IP assignment clauses in employment agreements.
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• 3/2/2018
  Labor and Employment Alert: New Ban-The-Box Laws Take Effect in June
  Effective June 2018, Kansas City, Missouri, and Spokane, Washington, will become the latest cities to have ban-the-box laws for private employers.
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• 3/2/2018
  Client Alert: It’s That Maddening Time of Year Again: March
  Now that March is here we want to take a moment to remind you that MARCH MADNESS is a registered trademark of the National Collegiate Athletic Association (NCAA).
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February

• 2/28/2018
  Labor and Employment Alert: Second Circuit Holds That Title VII Protects Sexual Orientation
  On February 26, 2018, the Second Circuit Court of Appeals held that discrimination on the basis of sexual orientation is a form of sex discrimination prohibited by Title VII of the Civil Rights Act.
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• 2/27/2018
  Labor and Employment Alert: Austin, Texas, Adopts a Paid Sick Leave Law Covering All Employers
  On February 16, 2018, Austin, Texas became the latest jurisdiction to adopt a paid sick leave ordinance.
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• 2/19/2018
  Client Alert: Additional Guidance Available Regarding Selection of “Qualified Opportunity Zones” Ahead of Imminent Deadline
  As part of federal tax reform, Congress created a new program to encourage investment in businesses that are located in low-income communities that are designated as “Qualified Opportunity Zones.” This program creates a new potential source of capital for businesses and real estate developments located in Qualified Opportunity Zones, while at the same time creating a new tax benefit for investors seeking to reduce their tax burden on taxable asset dispositions.
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• 2/13/2018
  Client Alert: IPR Institution Decisions are not (Entirely) Immune from Appeal
  The U.S. Court of Appeals for the Federal Circuit recently opened the door to reviewing one aspect of decisions to institute Inter Partes Review (IPR) under the America Invest Act (AIA).
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• 2/9/2018
  Health Care Alert: Spending Bill Dramatically Increases Penalties for Health Care Fraud and Abuse
  The Bipartisan Budget Act of 2018 (the act), signed into law by President Trump on February 9, 2018 includes provisions that more than double the penalties to which health care providers may be subject under the federal health care fraud and abuse laws.
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• 2/8/2018
  Client Alert: New Federal Qualified Opportunity Zone Program
  As part of federal tax reform, Congress created a new “Qualified Opportunity Zone” program to encourage investment in businesses that are located in low-income communities.
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• 2/5/2018
  Client Alert: Can Post-Filing Evidence be used to Invalidate a Patent?
  This past October, in Amgen v. Sanofi (Fed. Cir. 2017), the Federal Circuit sent shivers down the spine of the biotechnology industry when it overturned a district court decision confirming the validity of two patents that claim antibodies for lowering cholesterol.
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• 2/5/2018
  Labor and Employment Alert: New York’s Highest Court Rules that Pre-Certification Settlements Require Class Notice
  The New York Court of Appeals (the state’s highest court) recently issued a potentially game-changing decision on pre-certification settlements in class actions.
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• 2/5/2018
  State and Local Tax: City of Columbus Tax Incentives Are No Longer Available If You File Your Columbus Net Profits Tax Return with the Ohio Department of Taxation
  Columbus has implemented a new policy prohibiting businesses from benefiting from incentives granted and administered by Columbus for any year in which the business elects to file its Columbus net profits tax return with the Ohio Department of Taxation (the department).
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• 2/1/2018
  Labor and Employment Alert: California Law Regulates Employers’ Responses to Federal Immigration Inspections
  With immigration being a hot topic, California employers should be aware of legislation enacted in October 2017 that restricts their ability to cooperate with federal immigration officials.
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January

• 1/31/2018
  Labor and Employment Alert: Vermont Legalizes Recreational Marijuana
  Effective July 1, 2018, adults who are 21 years and older will be allowed to cultivate, possess and consume marijuana in Vermont.
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• 1/30/2018
  Whistleblower Defense Alert: DOJ Policy Regarding Dismissal of FCA Lawsuits
  Although the government has always had the authority to move to dismiss relator cases, it almost never does, to the great frustration of numerous defendants that have had to incur the costs and inconvenience of meritless False Claims Act (FCA) claims.
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• 1/26/2018
  Client Alert: U.S. EPA Withdraws ‘Once In, Always In’ Policy
  On January 25, 2018, U.S. EPA published a guidance document altering its long-standing position on major sources of hazardous air pollutants.
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• 1/25/2018
  Labor and Employment Alert: PBGC Missing Participant Program – It’s Not Just For Defined Benefit Plans Anymore
  On December 22, 2017, the PBGC issued final regulations that expand their acceptance of benefits for missing participants.
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• 1/23/2018
  Labor and Employment Alert: Illinois Appeals Court Holds That the Biometric Information Privacy Act Requires Actual Injury
  As we previously reported, the Illinois Biometric Information Privacy Act (BIPA) requires individuals and companies to provide notice and obtain consent before collecting or using biometric data and then ensure the proper storage and disposal of that data.
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