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 …
Former S.E.C. Commissioner Continues to Sound the Clarion for Better Corporate Governance Regarding Cyber-Risk
10/6/16
By: John Goselin
For years now, Louis Aguilar has been speaking, cajoling and encouraging American businesses of all sizes to focus their attention on cyber-security and mitigating the cyber risks inherent in conducting business in this modern technological era. Although …
Illinois Chips Away at Use of Non-Compete Agreements for Low-Wage Earners
10/4/16
By: Timothy Holdsworth
The political storm that has been brewing around the appropriate minimum wage amount now seems to have spread into the non-compete world. Last month, Illinois enacted the Freedom to Work Act, which prohibits employers from entering …
District Court Dismisses Suit for Failure to Meet the Pleadings Requirements Under the U.S. Telephone Consumer Protection Act
10/3/16
By: A. Ali Sabzevari
A federal judge recently dismissed a class action lawsuit accusing CrossCountry Mortgage, Inc. of contacting consumers nationwide with unsolicited calls, finding that plaintiffs did not clearly show the mortgage lender made the calls in dispute. Filed …