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On November 30, the New York State Assembly gave final legislative approval to a bill targeted at employers that violate the state’s wage laws.

In an opinion with significant implications for California employment law class actions, the California Court of Appeal in Duran v. U.S. Bank National Association ruled that a trial court’s use of statistical sampling violated the defendant’s due process rights.

The U.S. Food and Drug Administration (FDA or the Agency) recently announced a Proposed Rule titled "Reporting Information Regarding Falsification of Data" in a February 19 Federal Register Notice (75 Fed. Reg. 7,412).

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), contains provisions supporting the development of comparative effectiveness research (CER).

EB-2 category for all chargeable areas other than China and India remains current, with minor forward movement in the EB-3 category.

On October 17, the U.S. Court of Appeals for the Tenth Circuit, applying Colorado law, reversed a district court decision and held that a patent infringement claim may constitute an "advertising injury," thereby triggering, at a minimum, defense coverage under a variety of provisions in commercial general liability policies providing coverage for "misappropriation of advertising ideas."

As of January 1, security breach notifications must be provided to consumers when certain account information is compromised.

The Securities and Exchange Commission recently issued orders to three sponsors of exchange traded funds that, compared to prior exemptive orders issued to ETF sponsors, ease the requirements for "self-indexing" or "affiliated index" ETFs.

IRS amends EPCRS, significantly affecting 403(b) plans, and issues guidance to assist 403(b) plan sponsors in identifying and correcting defects.

While SEC-registered investment advisers may not be covered by the new municipal advisor requirements, solicitors may be caught up and subjected to new fiduciary duties when soliciting municipal entity clients.

In March 2010, ASTM International, one of the world's largest voluntary standards development organizations, released a standard guide, ASTM Standard E2718-10, Standard Guide for Financial Disclosures Attributed to Climate Change (the Guide), suggesting processes for the identification, evaluation, and disclosure of financial impacts attributable to climate change.

Report analyzes seven employer social media policies under the National Labor Relations Act, and provides an example of a policy that is considered to be lawful.

By a 2–1 vote today, the National Labor Relations Board (NLRB or Board) decided to move forward with major changes to the Board’s representation election procedures.

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010.

In a previous LawFlash, "2011: Healthcare Policy in the New Congress," we predicted that full-scale repeal and replacement of the 2010 healthcare reform was unlikely and described a number of strategies that Republicans might pursue in an effort to undermine the new law.

In an opinion of interest to any company with excess liability coverage, the Wisconsin Supreme Court recently held in Johnson Controls, Inc. v. London Market1 that an excess insurer has a duty to defend an action against its insured, notwithstanding that the underlying primary insurer (which had denied coverage) had not exhausted its primary policies.

On May 23, in SEC v. Reserve Management Co. Inc.,1 the U.S. District Court for the Southern District of New York ruled that an employee does not have a reasonable expectation of privacy with respect to communications with a spouse through an employer’s email system.