Publications
Who Should Read This?U.S. or foreign companies exporting or re-exporting U.S. goods to India, including aerospace, defense and other high-tech goods. What Happened?On August 3, 2018, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) published a final rule (83 FR 38018) (the Rule) amending the Export Administration Regulations (EAR) by: Moving India from […]
On June 1, 2018, a Department of Health and Human Services (HHS) Administrative Law Judge (ALJ) granted summary judgment in favor of the HHS Office for Civil Rights (OCR), sustaining $4.3 million in penalties against The University of Texas MD Anderson Cancer Center (MD Anderson), for its alleged failure to comply with the Health Insurance […]
Recently, the United States District Court for the Southern District of New York denied a defendant’s motion to dismiss a nearly $2 million lawsuit, arising from an indemnity in a HIPAA Business Associate Agreement (BAA).[1] In this case, the plaintiff’s contractor caused a HIPAA breach involving the data of the plaintiff’s customer. As a result, […]
Introduction Many emerging companies begin their corporate life without a firm grasp on critical issues related to wage and hour laws. With limited financial and human capital at the outset, emerging companies have a tendency to take a reactive approach to HR, often with devastating near term effects. With its initial core group of employees, […]
For years, Connecticut’s trial courts have debated an important question: whether individuals, who have not been hired and disclosed as expert witnesses, may still be compelled to express their opinions under oath. Any person who possesses particular training and expertise could find herself in this quandary. Although treating physicians, nurses, and other health care providers are […]
Litigation doesn't have to be catastrophic for a growing company, but it can quickly spiral out of control if not handled properly. This article will explore issues to consider when your company is faced with a lawsuit. Stop All Communications Most lawsuits don't come out of the blue. They usually are preceded by a back-and-forth […]
The model Family and Medical and Leave Act (FMLA) notices and medical certification forms published by the U.S. Department of Labor (DOL) were set to expire as of August 31, 2018. However, the DOL recently announced that the forms' expiration dates would be extended three years, until August 31, 2021. The forms have not been […]
As any entrepreneur is well aware, the early stages of a new business venture are an incredibly busy time. Entrepreneurs must focus on building the core team, structuring the company, attracting investors, developing the product/service, and developing key partnerships, sales channels and marketing plans. These tasks are typically all-consuming for the founders, taxing both their […]
The primary focus of estate planning is often on tax-saving strategies; however, since the newly-enacted federal estate tax laws have doubled the federal, estate, gift and GST tax exemptions to $10,000,000 per person, indexed for inflation, it is important to point out that there are many other valuable reasons why estate planning should be a […]
The Department of Justice (DOJ), Civil Rights Division, announced on August 29, 2018, its civil settlement with the international law firm, Clifford Chance US LLP, for violations of the Immigration and Nationality Act (INA), 8 U.S.C. 1324b, attributable to Clifford Chance’s overly restrictive interpretation of who can work on projects involving data controlled by the […]
Greetings, Court Fans! We’re two weeks into October Term 2018 and it’s about time we touched base. It was a rather eventful off-season, with Justice Kennedy’s retirement and Justice Kavanaugh’s elevation, and we’ll have precisely nothing more to say about that. We do, however, have a retirement of our own to announce. After fourteen years […]
Founders and entrepreneurs face many pressure points while building their company into their vision. Important decisions must be made relating to the choice of a business entity, how to fund the business, what sort of regulations impact the business, how to protect intellectual property, how to manage employees, and what to do if sued. Most […]
Greetings, Court Fans! It’s not every day that a Supreme Court decision gets covered not only in the pages of The New York Times, but also ESPN.com and Sports Illustrated. But Murphy v. NCAA (No. 16-476), which struck down the federal Professional and Amateur Sports Protection Act (PASPA) and opened the door (for now) to […]
Greetings, Court Fans! Two new decisions this morning, including a major win for employers in Epic Systems Corp. v. Lewis (No. 16-285), which held (5-4) that neither the Federal Arbitration Act nor the National Labor Relations Act prohibits employers from requiring employees to submit to arbitration agreements that waive class-action rights. Not to give it […]
Greetings, Court Fans! We were expecting an avalanche of decisions today, but instead we got a mere flurry. In Collins v. Virginia (No. 16-1027), the Court held (8-1) that the automobile exception to the warrant requirement does not permit the warrantless entry of a home or its curtilage in order to search a vehicle stored […]
Greetings, Court fans! We’re back with summaries of this week’s two decisions—a truly epic employment decision and a maybe-slightly-less-than-epic Indian law decision—both authored by Justice Gorsuch. Employers scored a big win in Epic Systems Corp. v. Lewis (No. 16-285), where the Court held that the National Labor Relations Act (“NLRA”) does not trump the Federal […]
Greetings, Court Fans! As we continue to await the dropping of the other shoe (filled with 29 pending cases), let’s kick two more out of the way. First up, in Collins v. Virginia (16-1027), The Nine resolved a clash of two well-established Fourth Amendment principles: the so-called automobile exception to the warrant requirement, which allows […]
Greetings, Court Fans! The Nine were back in action this morning, as they will be every Monday from here on out (and probably a number or other days besides). There were four new decisions announced today, including what was expected to be one of the blockbusters of the terms, but ended up being more of […]
Greetings, Court Fans! As we reported earlier in the week, The Nine handed down one of the most hotly anticipated decisions of the term on Monday, and boy did it deliver! Wait. Sorry, strike that. It turns out the 7-2 decision in Masterpiece Cakeshop v. Colorado Civil Right Commission (No. 16-111), mostly delivered a lesson […]
Greetings, Court Fans! The Nine kicked off the week with four new decisions, though only three came with signed opinions. In Husted v. A. Philip Randolph Institute (No. 16-980), the Court held (5-4) that Ohio’s “use it or lose it” practice of cancelling the voter registrations of individuals who fail to vote for two years […]
Greetings, Court Fans! This morning, the Court made some headway (emphasis on “some”) on the roughly two dozen cases left to decide by the end of the month. Specifically, in Minnesota Voters Alliance v. Mansky (No. 16-1435), the Court held 7-2 that Minnesota’s ban on wearing political t-shirts while voting violates the First Amendment. And […]
Greetings, Court Fans! The Nine chipped away at The Nineteen (cases remaining) this morning, but not without lacing up their punting boots. In one of the most hotly anticipated cases of the year (and the longest pending, having been argued on the first day of the term), a unanimous Supreme Court held in Gill v. […]
Greetings, Court Fans! As we await tomorrow’s batch of opinions, let’s take a moderately deep dive into Monday’s partisan-gerrymandering decisions, Gill v. Whitford (No. 16-1161) and Benisek v. Lamone (No. 17-333). As we reported earlier, the Supreme Court punted on the ultimate issue in the cases, namely whether the Democratic challengers to Wisconsin’s redistricting plan […]
Greetings, Court Fans! The Court handed down two of the second-tier blockbusters of the term, this morning: South Dakota v. Wayfair (No. 17-494), reversing Quill Corp. v. North Dakota (1992) and permitting states to force out-of-state sellers to collect and remit sales tax even if the sellers lack a physical presence in the state; and […]
Greetings, Court Fans! We’re getting there. Four more decisions this morning, including one of the A-list blockbusters of the term, Carpenter v. United States (No. 16-402), in which the Court limited the “third-party records” doctrine and held that the Government’s acquisition of cell-site records from wireless carriers is a search under the Fourth Amendment. The […]
Greetings, Court Fans! Today was the last scheduled date of OT18, but The Nine still have more work to do. The Court handed down two big decisions today—Abbot v. Perez (No. 17-586), upholding all but one challenged TX congressional district against a racial-gerrymandering challenge; and Ohio v. American Express (No. 16-1454), holding that Amex’s antisteering […]
Greetings, Court Fans! OT17 came to a close this morning, and—as is generally the case—the Court saved its most controversial decisions for last. Yesterday morning (as you just might have heard by now), the Court upheld the Trump administration’s so-called Travel Ban, holding in Trump v. Hawaii (No. 17-965) that the proclamation is a lawful […]
Greetings, Court Fans! As the President of the United States announced yesterday, in his sixteenth tweet of the day (out of twenty-five), “SUPREME COURT UPHOLDS TRUMP TRAVEL BAN. Wow!” Specifically, in Trump v. Hawaii (No. 17-965), the Court held that Proclamation No. 9645—the third iteration of what is generally known as the “Travel Ban”—is a […]
Greetings, Court Fans! As the rest of the world grapples with their hopes, dreams, or fears of a post-AMK Court, we’re still grappling with the final decisions of the Court he leaves behind. In this Update, we bring you summaries of Abbot v. Perez (No. 17-586), Currier v. Virginia (No. 16-1348), and Florida v. Georgia […]
Greetings, Court Fans! As we promised last week, we’re back with the final bit of mop up from the exciting end of the 2017–18 term. And we’ve saved some of the best (or maybe the worst) for last with three significant, much-awaited 5-4 decisions. First up, in Janus v. American Federation of State, County & […]