Eleventh Circuit Applies Spokeo’s Stringent Article III Standing Requirements
10/27/16
By: Robyn Flegal
Earlier this year, the Supreme Court clarified the pleading requirements to establish standing in federal lawsuits arising out of alleged statutory violations. A detailed explanation of the Supreme Court’s Spokeo[1] opinion can be found on the …
Clearer Skies Ahead for HIPPA-Covered Entities Using Cloud Service Providers
10/27/16
By: Mandy Proctor
Earlier this month, the Department of Health and Human Services’ Office of Civil Rights (OCR) issued guidelines to HIPPA-covered entities that use or may use cloud service providers (CSPs) in connection with the processing of electronic Personal …
USCIS Increases Fees
10/26/16
By: Agne Krutules
On October 24, 2016, U.S. Citizenship and Immigration Services announced a final rule published in the Federal Register adjusting the fees required for most immigration applications and petitions. The fees increased by a weighted average of 21 …
CFPB's Unilateral Power Structure Held Unconstitutional
10/24/16
By: Kristian N. Smith
After more than five years of heavy regulation and enforcement targeting financial institutions and the automotive industry, the Consumer Financial Protection Bureau (CFPB) faces a new hurdle. Last week, the D.C. Circuit Court of Appeals ruled …
A New Ruling in the SawStop vs. Bosch Lawsuit
10/24/16
By: Daniel A. Nicholson
A favorable court ruling should be giving SawStop some confidence in its ongoing patent dispute with Bosch concerning the sale of Bosch’s REAXX table saws, but it doesn’t mean that REAXX customers will be left in …
How Can Bosch Release a Saw Given the Current Lawsuit?
10/20/16
By: Daniel A Nicholson
Bosch announced in April that it will release its Reaxx table saw despite an ongoing patent dispute with SawStop. News of the June 1st delivery date was accompanied by a press release highlighting the safety features …
New York Becomes the First State to Propose Mandatory Cybersecurity Regulations for Private Financial Institutions
10/19/16
By: Kacie L. Manisco
The New York State Department of Financial Services (“DFS”) recently announced proposed regulations that would require banks, insurance companies and other financial institutions to establish programs and policies for responding to cyberattacks and data breaches. The …
Insurance Claims "Arising Out Of" Halloween Festivities
10/19/16
By: Jessica Samford
As the witching hours of Halloween draw nearer, the time has come for the next installment of the FMG insurance coverage blog’s glossary of insurance terms. While the thought of interpreting a lengthy insurance policy may seem …
Challenge to H-1B Lottery Keeps an Eye on the Jackpot
10/14/16
By: Agne Krutules
On September 22, 2016, an Oregon federal judge denied United States Citizenship and Immigrations Services’ (USCIS) jurisdictional challenge to a proposed class action lawsuit brought by two small US businesses and their foreign would-be employees in Tenrec, …
Amendments to Labor Code Section 226 Clarify Itemized Wage Statement Requirements Welcome Relief to California’s High Tech Industry and Other Responsible Employers
10/14/16
On July 22, 2016, Governor Brown approved Assembly Bill 2535 (AB 2535) to amend California Labor Code section 226. The amendment incorporates a much-needed clarification regarding the statute’s current requirement that an employer include hours worked on itemized wage …
The S.E.C.'s Administrative Star Chamber Deemed Constitutional
10/11/16
By: John H. Goselin and Ze’eva Kushner Banks
If you are a broker-dealer, registered investment advisor or an individual associated with an entity regulated by the Securities and Exchange Commission (“S.E.C.”), the deck may be stacked against you. The Dodd-Frank …
Ransomware Victims Urged to Report Infections
10/6/16
By: Jeremy W. Rogers
By now, most people have heard of that nasty form of technological extortion known as ransomware. This is a type of malware that is installed on a computer or server that encrypts files, thus rendering those …