GDPR Update: Data Processors (Dutch)
In this GDPR Update we address the position of the data processor. The position of the data processor will be analysed from the perspective of the processor ...

GDPR Update: Data Processors
Distinction between the data controller and the data processor - In this GDPR Update we address the position of the data processor. The position of the data ...

Purported Whistleblower Barred from Pursuing Illinois Ret...
The Northern District of Illinois recently dismissed an Indiana-based employee’s claims for retaliatory discharge in violation of common law, focusing on the...

Report of the JFTC/CPRC Study Group on Data and Competiti...
On June 6, 2017, the Japan Fair Trade Commission ("JFTC") and the Competition Policy Research Center ("CPRC"), jointly published their "Report of Study Group...

Federal Circuit Says PTO Submissions can Waive Privilege ...
On July 20, 2017, the United States Court of Appeals for the Federal Circuit in In re OptumInsight denied OptumInsight’s petition for writ of mandamus on pri...

Ninth Circuit: Employer’s Good Faith Reliance on HR Direc...
On August 7, 2017, the Ninth Circuit affirmed a several hundred thousand dollar penalty against a Phoenix, Arizona employer for violating several provisions ...

alt.legal: Car Bombs With Casey And The Crew
Insights on innovation from legal tech guru Casey Flaherty, live from ILTACON.

Delaware Bankruptcy Court Approves Separate Classificatio...
The Delaware Bankruptcy Court, in In re Nuverra Environmental Solutions, Case No. 17-10949 (Bankr. Del. July 24, 2017), confirmed a chapter 11 plan of reorga...

First Look - Summer 2017: Issues and Developments in Ins...
The first step in any coverage analysis is determining who is an insured. Sounds easy, right? Not necessarily. As commentators have noted, “[t]here is a dist...

Ninth Circuit Rules That Hypothetical Preference Actions ...
In Schoenmann v. Bank of the West (In re Tenderloin Health), 849 F.3d 1231 (9th Cir. 2017), a divided panel of the U.S. Court of Appeals for the Ninth Circui...

Cutting Through The Half-Time Murk In "Failed Exemption" ...
How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards A...

Section 553 of the Bankruptcy Code Preserves Rather Than ...
In Feltman v. Noor Staffing Grp., LLC (In re Corp. Res. Servs. Inc.), 564 B.R. 196 (Bankr. S.D.N.Y. 2017), the bankruptcy court considered whether section 55...

CFTC Case Updates: Settlement Highlights Agency’s New Pre...
On August 7, 2017, the Commodity Futures Trading Commission (CFTC or Commission) announced a settlement for a civil penalty of $600,000 with the Bank of Toky...

Non-Sequiturs: 08.16.17
* Not wasting any time: Judge Amul Thapar, recently confirmed to the Sixth Circuit, authors his first published opinion as a member of that court. [ How Appe...

A Special Thanks To ATL’s Advertisers
A big thanks to our advertisers and sponsors from everyone here at Above the Law.

Election Law Takes Center Stage
The assault on the right to vote continues.

UK Supreme Court upholds fitness for purpose warranty
Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warr...

Second Cities For Law Firms
Where should you open an office?

What In-House Counsel Need To Know About Their Form Arbit...
Most arbitrations, and all commercial arbitrations, are creations of contract, and courts are generally required to enforce an arbitration agreement as they ...

Defending Employers’ Access to Legal Advice: Comments Fil...
August 11, 2017, was the deadline for interested parties to submit comments regarding the U.S. Department of Labor’s (DOL) proposal to formally rescind its c...

[Video] Compliance into the Weeds-Episode 50, Where's the...
In this very topical episode Matt Kelly and I take a deep dive into the administration’s response to the events over the weekend in Charlottesville and what ...

Lease-Leaseback Battle Continues as First District Court ...
Earlier, we wrote about Davis v. Fresno United School District (2015) 237 Cal.App.4th 261, a Fifth District California Court of Appeals decision that sent sh...

The Amazon Advantage
Amazon has aggressively litigated its way to what amounts to a free pass on most IP infringement claims.

TPS Holders: Time to Review Your Status and Future
The Catholic News Service (“CNS”) reported a new study that assessed the economic impact of the administration’s plans related to removing individuals in the...

Dentist, Claiming Tip Was a Rumor, Wins Insider Trading Case
A jury found Jessie Roberts, a Louisiana dentist who claimed what the government called an illegal tip was just a rumor, not guilty of insider trading. U.S. ...

Second Circuit Affirms Bankruptcy Court’s Nullification o...
In the March/April 2013 edition of the Business Restructuring Review, we reported on an opinion by the U.S. Bankruptcy Court for the Southern District of New...

Connecticut and Massachusetts Expand Protections for Preg...
Two laws mandating pregnancy accommodations for employees were recently passed. On July 6, 2017, Connecticut Governor Dannel Malloy signed into law “An Act C...

Assessing California’s Bar Exam Cut Score
Should California lower the bar cut score?

Purpose, privilege and duty – surviving the break down
The recent decision of Sharpe v Grobbel [2017] NSWSC 1065 acts as a reminder for lawyers about their duty to claim privilege for clients even if they are no ...

E.D. Virginia Tosses Dodd-Frank Whistleblower Claim for L...
The U.S. District Court for the Eastern District of Virginia recently granted a Rule 12(b)(6) motion to dismiss a Dodd-Frank whistleblower retaliation claim ...

After students wait a day for answers, Charlotte Law says...
Charlotte School of Law intends to comply with North Carolina law, and its leaders say that is why its website went dark Monday following news that its propo...

Immigration and Refugee Board of Canada to carry out audi...
From an Immigration and Refugee Board news release: In line with its commitment to excellence in the delivery of administrative justice, the Immigration and ...

Developments in the U.S. Tax Treatment of UK Charities
The Internal Revenue Service has revoked the U.S. tax exempt status of 195 prominent UK charities by posting their names on a website. These UK charities wil...

One Racial Slur is One Too Many, Rules Third Circuit
Is a single racial slur by an employee’s supervisor enough to create a hostile work environment under § 1981 of the Civil Rights Act of 1866? The answer is ...

Medical Marijuana Users Can Sue Their Employers
In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tes...

Find out if your kids are eligible for free dental care
Teeth cleaning, check-ups and dental treatment for kids: How to access free dental care for children 17 years old and under, if they are eligible through the...

Ireland's Revenue releases guidelines on requesting Mutua...
Ireland has published guidelines for requesting Mutual Agreement Procedure (MAP) assistance. The guidelines, issued in early August, set out the legal basis ...

Ontario Indigenous education agreement hailed as step tow...
An historic education agreement signed on Wednesday between 23 First Nations and the province is being hailed as a step towards self-governance as it gives f...

FBI's Fraud Complaints Indicate Most Damaging Cyber Schemes
A look at the FBI’s Internet Complaint Center indicates Business Email Compromise (also known as CEO Fraud and Social Engineering Fraud) topped the list of f...

Treachery, Deception, And Bad Fashion Sense In Internatio...
Surrogacy is a tough journey no matter what, but do your research.

Alphabet Soup — Changes to the Affordable Care Act
With the new Trump administration and Republican control of Congress, there has been a lot of discussion about eliminating the Affordable Care Act and replac...