Above the Law

  • house home RF


    CFPB Manufactured Housing White Paper May Presage Future Regulation

    The CFPB has issued a white paper on the manufactured housing market, including how manufactured housing is financed and the types of consumers who purchase or rent such housing. In the paper’s introduction, the CFPB explains that although manufactured housing only accounts for six percent of all occupied housing and a much smaller fraction of U.S. home loan originations, such housing is of interest to the CFPB because it is a source of affordable housing particularly for rural and low income consumers and may raise consumer protection concerns due to the nature of the retail and financing markets for such housing. The report relies on publicly available data, including HMDA data, proprietary data voluntarily provided to the CFPB and information obtained through outreach to industry groups, consumer groups, government agencies and “a variety of market participants and observers.”

    The paper’s key findings include:

    / Oct 16, 2014 at 10:46 AM
  • thanks sign woman

    Advertising, Shameless Plugs, This Is an Ad

    We Appreciate Our Advertisers Here At ATL

    Above the Law extends thanks to its advertisers.

    / Oct 15, 2014 at 4:31 PM
  • the


    The Gang Goes Drinking In Philly

    ATL is heading to Philadelphia….

    3 Comments / / Oct 15, 2014 at 12:24 PM
  • Ebola

    In-House Counsel

    Ebola in the Workplace – Dangerous to Employers

    Returning from a trip to West Africa with some college buddies, Ben X. Posed, a waiter at Chotchkie’s, showed up for work with a fever, muscle aches, a strong headache, and stomach pains. Begging his boss Dee Manding for the rest of the day off, Ben complained of his aches and pains and told of his overnight stay where one of the villagers recently died from Ebola. Dee Manding refused any time off explaining he was short-staffed. The next day Ben was hospitalized with a confirmed case of Ebola. Are Dee Manding and Chotchkie’s liable if other employees, or patrons, contract Ebola?

    / Oct 15, 2014 at 11:12 AM
  • Fringe benefits

    In-House Counsel

    Five High-Level Issues to Consider in Shaping Employee Benefit Offerings

    The workplace that we know today is rapidly changing. Competition for highly skilled workers is fierce, employees have become more mobile (due, in part, to alternative work arrangements or outsourcing), and there are often several generations of employees working alongside one another with different workplace approaches and perspectives. Developing employee benefit and compensation programs that are meaningful to a diverse group of workers with varied needs will become increasingly more challenging. This month’s Take 5 discusses the following five high-level issues to consider in shaping your organization’s employee benefit offerings:

    / Oct 15, 2014 at 11:01 AM
  • Health care courts

    In-House Counsel

    Implementing An Employee Wellness Program? Be Careful – The EEOC Is Interested

    According to recent studies, over 90% of employers offer some type of wellness incentives to their employees. This is a significant jump from 2009 when only a little over half of employers had employee wellness programs, and the Equal Employment Opportunity Commission (“EEOC”) is taking note. In the last two months, the EEOC has filed two lawsuits against employers related to their company wellness programs.

    / Oct 15, 2014 at 10:21 AM
  • internet address


    Regulating the Internet “Like a Utility” Won’t Yield an Open Internet – Unless …

    Ed note: This post originally appeared on CommLawBlog. Simply imposing Title II won’t work. [Blogmeister’s Reminder: The views here are those of the author, not necessarily shared by FHH colleagues and clients. Responses are welcome.] Many of the three million (or so) comments in the net neutrality proceeding, based on our own small sample, urge […]

    / Oct 10, 2014 at 1:36 PM
  • STATS image

    Gay Marriage, Racism

    Stat Of The Week: Interracial Marriage vs. Gay Marriage

    Is gay marriage today similar to interracial marriage in the 1960s?

    8 Comments / / Oct 10, 2014 at 12:03 PM
  • Data RF

    California, Federal Government

    California Amends Data Breach Notification Law, Does Not Require Mandatory Offering of Credit Monitoring

    Ed note: This post originally appeared on InfoLawGroup. California Governor Jerry Brown signed into law an amendment to California’s data breach notification law on Monday. Although at least one news outlet has reported that the law requires a company to offer credit monitoring services, this interpretation is misguided. Rather, the law only places restrictions on […]

    / Oct 10, 2014 at 9:42 AM
  • washington-dc

    Events, Law Schools

    D.C. Law Students: Who Wants To Party With Us And Get Some Free Stuff?

    When: November 6. Where: Washington, D.C. Be there or be square.

    23 Comments / / Oct 9, 2014 at 4:19 PM
  • LFR badge

    Admin, Announcements, Biglaw, Rankings

    The ATL Power 100 Law Firm Rankings

    With a new rankings approach, Above the Law is trying to capture the strength and relevance of major law firms in today’s market.

    / Oct 9, 2014 at 1:00 PM
  • thanks-keyboard

    Advertising, Shameless Plugs, This Is an Ad

    Thanks Very Much To Our Advertisers

    Above the Law extends thanks to its advertisers.

    / Oct 8, 2014 at 4:50 PM
  • Drone

    Federal Government, Technology

    It’s a Bird…it’s a Plane…it’s a Drone; FAA Approves Limited Use of Drones as Camera Platforms for Film and TV Production

    Ed note: This post originally appeared on Reed Smith’s Global Regulatory Enforcement Law Blog. Unmanned aerial cameras have been legal in other parts of the world but prohibited for commercial use in the United States until last week, with the limited exception of two commercial-drone operations, which the FAA had previously approved for Alaskan oil […]

    / Oct 7, 2014 at 3:57 PM
  • Disabled-worker-post-it-300x199

    In-House Counsel

    Beyond Essential Functions: The Role of Job Reassignments in Accommodating Employee Disabilities

    Imagine for a moment that you are the HR Manager for a company with many physically demanding jobs. One of your employees submits a doctor’s note prohibiting her from lifting anything over 25 pounds. Mindful of your obligations under the Americans with Disabilities Act (ADA), you check to see if the lifting restriction will prevent the employee from doing her job. Unfortunately, after checking the employee’s job description and talking with her supervisors, you conclude that lifting is a key part of the employee’s job (in legal terms, an “essential function”), and there is nothing practical that can be done (in legal terms, no “reasonable accommodation”) to allow her to perform her job. When you tell the employee that she cannot return to her job, she asks if there are other positions available within the company that she can be transferred to. You say you’ll look into it, but when you start asking around, things get complicated. There are a handful of open positions in other departments, but the job requirements are different and some of the positions already have applicants who seem better qualified. None of the positions have exactly the same pay as the employee’s warehouse position, so she would either be getting a raise or a demotion. What should you do?

    / Oct 7, 2014 at 12:15 PM
  • keyboard typing

    In-House Counsel, Technology

    Cyber Liability Insurance: Where’s the Beef?

    “Cyber liability insurance” is often used to describe a range of insurance policies, in the same way that the word cyber is used to describe a broad range of information security related tools, processes and services. Everyone is talking about the need for “stand alone” cyber liability insurance policies. These stand-alone cyber liability insurance policies basically cover expenses related to the management of a breach, e.g, the investigation, remediation, notification and credit checking. However, cyber liability coverage is also found in some existing insurance policies, including kidnap and ransom and professional liability coverage. There may also be some limited coverage through a crime policy if electronic theft is added to that policy.

    / Oct 7, 2014 at 12:08 PM
  • Gavel with American Flag

    In-House Counsel, Technology

    Top Five Governance & Compliance Hot Topics For General Counsel

    On September 18, 2014, InsideCounsel magazine held a corporate counsel conference to facilitate discussions on current legal issues. In sessions on governance and compliance, industry experts addressed the current top challenges that in-house attorneys face when managing enterprise risk.

    Cybersecurity is no longer just a “technology” issue. It has become a business and legal issue. Compliance and management personnel must be trained and informed on the impact that cybersecurity risks present to the business. Companies must have a business response, not just a technical response, prepared for when something goes wrong. The question is not “whether” a cybersecurity issue will arise, but when.

    / Oct 7, 2014 at 11:51 AM
  • money in the hands

    Securities and Exchange Commission, Wall Street

    The New Era of Money Market Fund Regulation

    On July 23, 2014, the U.S. Securities and Exchange Commission (SEC) voted 3–2 to significantly amend the regulatory framework of money market mutual funds (MMFs), particularly Rule 2a-7 under the Investment Company Act of 1940, as amended (the 1940 Act).1 These changes come four years after the SEC last adopted several amendments to Rule 2a-7 and follow a lengthy debate surrounding MMF reform among regulators and industry participants. The amendments and related regulations will drastically alter the MMF industry and force MMFs and their boards of directors and advisers to make substantial changes to their product offerings, operations, and compliance processes.

    / Oct 6, 2014 at 4:31 PM
  • stat of the week

    Biglaw, General Counsel, In-House Counsel

    Stat Of The Week: How Do GCs Research Law Firms?

    How do GCs hire outside counsel?

    3 Comments / / Oct 3, 2014 at 3:33 PM

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