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Understanding the basics of European Marketplace Lending

One of the most significant changes in the European finance market over the last year has been the advance of new market entrants in the form of direct lending and marketplace lending platforms. The size and sophistication of these…more

Alberta Government Updating 2004 Auto Insurance Reforms

The Alberta government has announced that it is in the process of updating the regulations involved in the 2004 auto insurance reform, namely the Minor Injury Regulation, Alta Reg 123/2004; the Diagnostic and Treatment Protocols…more

Breaking News: FTC Vacates ALJ’s Ruling and Finds LabMD Liable for Unfair Data Security Practices

In a ruling issued this morning, the Federal Trade Commission found that LabMD, the defunct Atlanta-based cancer detection lab, failed to protect patient information and is liable for unfair data security practices. The Commission’s…more

Third Party Funding: a New Chapter in Hong Kong & Singapore

The legal landscape is changing in South East Asia for third party funding of international arbitration. Third party funding – by which a commercial fund finances a case in exchange for a share of the damages – has historically been…more

Recent case law on the scope of the ACAS Code

The scope of the ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code) has been narrowed following two recent claims concerning ill health and some other substantial reason (SOSR) dismissals. If the Code applies, a…more

It’s Time. Pick up the Shield.

When the new EU-US Privacy Shield was adopted all the way back on the 12th of July, we were quoted in the media discussing the fact that formal legal challenges to it were inevitable. By the time the dust settled enough to issue our…more

Parent Company Furnishes Cancellation of Subsidiary’s Trademark Registration

Does your company’s wholly-owned subsidiary own trademarks in its own name? Has your company acquired any companies that own trademarks? If so, your company’s use of those trademarks will not prevent cancellation of those trademark…more

Rastafarian request for female-only support workers not justified by creed

The Ontario Human Rights Tribunal has denied a request for accommodation by a Rastafarian man who claims that female-only support workers were required by his creed. The decision, Lionel Barker v St. Elizabeth Health Care,1 provides…more

Brexit: Brexit and loan agreements

Summary – the key things you need to know - - The Brexit vote is likely to have little immediate legal impact on most current finance agreements. It would be unlikely, for example, that a lender could call a typical "material…more

No Doubting Thomases Allowed!

Expert appraisers have testified that the proposed development will not adversely affect values of properties adjacent to this new development. Nevertheless, the testimony does not seem right to you. You remember the Great Financial…more

Drones used for accident analysis — quickly, safely and accurately

Last week, the results of an experiment conducted by the Las Vegas Metropolitan Police Department (LVMPD) and Unmanned Experts Inc. (Unmanned Experts), a Denver-based unmanned aircraft systems (UAS) technology applications company…more

Your Confidential Employment Information Is Safe Under Tennessee's Uniform Fiduciary Access to Digital Assets Act

On July 1, 2016, Tennessee’s Revised Uniform Fiduciary Access to Digital Assets Act went into effect.  The Act grants fiduciaries authority to access a decedent’s digital assets.  As a result, executors, trustees, powers of attorney…more

Employee Benefits Developments - July 2016

Section 409A of the Internal Revenue Code (“Section 409A”) generally provides that, if a plan providing for deferred compensation fails to comply with Section 409A, either in form or in operation, then all amounts deferred under the…more

Masala bonds - A taste of things to come?

Borrowing by Indian companies from the overseas market or 'External Commercial Borrowings' (commonly referred to as ECBs), is regulated by the Reserve Bank of India (RBI) and is governed by the various rules specified by the RBI…more

Brexit: Data protection issues for consideration

Three points you need to know - - Brexit does not have any immediate effect on UK data protection law. All the usual duties and compliance risks continue to apply..…more

In Re Bendamustine Consolidated Cases

Case Name: In Re Bendamustine Consolidated Cases, No. 13-2046-GMS, 2016 U.S. Dist. LEXIS 75624 (D. Del. June 10, 2016) (Sleet, J.) - Drug Product and Patent(s)-in-Suit: Treanda® (bendamustine HCl); U.S. Patents Nos. 8,436,190…more

New Court Decisions Reinforce Need for Benefit Communications Policy

In my last post to this blog I extolled the virtues of a benefit communications policy for HR professionals who communicate pensions and benefits to fellow employees. I pointed out that years of benefit miscommunication has an…more

Minnesota Power Requests Proposals for Wind; Solar, Demand Response & Customer Self-Generation to Follow

Minnesota Power released a Request for Proposals (RFP) yesterday for up to 300 MW of wind generation, with proposals due by September 7, 2016. A copy of the RFP and additional details are available at…more

Where Do FERC Enforcement Targets Go to Get Their Day in Court?

Two Federal District Court Opinions Highlight Differences Between Natural Gas Act and Federal Power Act Investigations - Two weeks ago, a federal judge in Texas rejected arguments that targets of FERC investigations under the…more

Illinois voter registration database hacked

The Illinois State Board of Elections has notified voters that its online voter registration site has been hacked. According to the letter sent to Illinois voters by the Board of Elections, “We have found no evidence that they…more

The EEOC's View of Wellness Programs

The EEOC’s regulations allayed many concerns over the permissible level of incentives/penalties, as well as the challenge of dealing with inconsistent requirements under the various laws. Originally published in The HR Specialist…more

Pokémon Go Back to Work!

Pokémon Go has taken the United States and the rest of the world by storm, with an estimated 75 million downloads in the first three weeks since its release. For the uninitiated, Pokémon Go is an augmented reality game where users try…more

Is Ransomware a Notifiable Data Breach Event?

There is no doubt that companies face unprecedented volume and variation in both disruptive and intrusive cyberattacks on their networks. Among the different attack methodologies today, ransomware is quickly becoming a major concern…more

Your daily dose of financial news - The Brief – 7.29.16

A federal judge in Idaho has dismissed a $24 billion lawsuit against Credit Suisse alleging that the bank and real estate adviser Cushman & Wakefield ran a “predatory loan-to-own scheme that . . . loaded four luxury ski and golf…more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine Sees Higher Budget Surplus Than Expected - On June 30, 2016, Maine’s fiscal year ended with a…more

Federal court certifies class of franchisee’s employees to pursue ostensible agency claims against franchisor: three takeaways

In Ochoa, et al. v. McDonald’s Corp. et al.,[1] the United States District Court for the Northern District of California recently certified a class of more than 800 current and former employees of a McDonald’s franchisee in the San…more

Pinpricks in Pleading: Lessons Learned About Suits Against State Agencies: North Carolina Acupuncture Licensing Board v. North Carolina Board of Physical Therapy Examiners, et. al.

If you've ever recovered from an athletic injury or pursued alternative medicinal therapies, you have likely visited a physical therapist, an acupuncturist, or possibly both. Between these two distinct professions, there is arguably…more

Certificados de incapacidad por maternidad: Nuevas normas operativas para su expedición

Recientemente, el Instituto Mexicano del Seguro Social (en adelante IMSS) publicó a través de su página de internet la Circular 10/10 por medio de la cual se dieron a conocer nuevas normas operativas para la expedición de certificados…more

Cert. Petition Seeks to Clarify “Public Official” Under New York Times v. Sullivan

More than 50 years ago, the Supreme Court issued its foundational First Amendment decision New York Times v. Sullivan. The Court held in Sullivan that the First Amendment protects all published statements about public officials…more

Preventing Limitation of Liability End-Runs

Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and limits of…more

Brexit: Impact on governing law and jurisdiction clauses - Is it still appropriate to choose English governing law and jurisdiction following the Brexit vote?

Following the referendum vote, should parties continue to choose English governing law and the jurisdiction of the English courts in their commercial agreements? Here are three key points to consider…more

BP Case Reflects FERC’s Broad View of its Jurisdiction

On July 11, 2016, the Federal Energy Regulatory Commission (FERC or “Commission”) issued an order affirming an Administrative Law Judge’s (ALJ) Initial Decision finding that BP America (“BP”) and certain affiliated entities violated…more

Proposed Regulations under Section 355 Clarify Device and Active Trade or Business Requirements for Tax-Free Spin-offs

On July 15, 2016, the U.S. Internal Revenue Service (IRS) and the Department of the Treasury (Treasury) published proposed regulations that would modify the device and active trade or business requirements for tax-free spin-offs under…more

Workmanship and Earth Movement Exclusions Preclude Coverage for Collapse As a Matter of Law

A U.S. federal district court recently granted Peerless Insurance’s summary judgment motion, concluding that, as a matter of law, under Virginia law, a property policy insuring a building under renovation would not provide coverage for…more

Getty Images Sued for Allegedly Seeking Licensing Fees for Photographs Available for Free Public Use

Getty Images, a well-known stock photo agency used by many news and publishing outlets, has been sued in the Southern District of New York for allegedly seeking licensing fees from individuals and corporations for the use of…more

New guidance for outsourcing to the cloud published

The FCA have now published their guidance on outsourcing to the cloud for financial services organisations in the UK. This guidance, which follows on from a consultation exercise which took place at the start of the year, sets out the…more

Brexit: will it really matter?

You'd be forgiven for hoping that you'd open this month's newsletter and see no mention of Brexit. But this is something that's not going away, and given how important it will be to the future of the UK, it would be remiss of us not to…more

Banks reflect on guarantees, rejoice on fees

National Australia Bank Ltd v Rose - On 21 July 2016, the Victorian Court of Appeal confirmed that a guarantee and indemnity provided by an individual was invalid on the basis that NAB had not complied with relevant provisions in…more

CFPB Issues Sweeping and Unprecedented Rulemaking Proposals Seeking to “Drastically Overhaul Debt Collection Market”; Proposals for Creditors to Follow Shortly

Early in the morning on July 28, 2016, in coordination with the Consumer Financial Protection Bureau’s (the “Bureau”) field hearing on debt collection being held the same day in Sacramento, California, the Bureau released a detailed…more

New FAA Policy Issued on Use of Hangars and Other Structures at an Airport

Effective July 1, 2016, the FAA has now provided a change in policy for airports that accept federal grants, or are under other federal obligations to allow storage of non-aeronautical items in airport facilities designated for…more

Which Do You Use: Decisionmaking, Decision Making, or Decision-Making?

Recently, UCLA Law School Professor Stephen Bainbridge wrote about his allegiance to writing “decision making” as two words. In support, he cites the Chicago Manual of Style. I think that the Manual actually makes a distinction based…more

California Health Care District Financing Techniques

Across the nation, the delivery of health care services is undergoing a period of transformation. Much of this change is being driven by The Affordable Care Act signed into law in 2010. Many hospital facilities in California are…more

The New York Attorney General’s Crackdown on Non-Compete Agreements: What It Means for Investment Managers

Key Points - - To the surprise of many, the New York Attorney General (NYAG) has become active in challenging non-compete agreements entered into between companies and their employees. - The NYAG’s initiative…more

California Federal Court Dismisses Inferior Complaint

Inferior vena cava filters resemble what we used to call “daddy long legs.” You know what we mean: the spider-like creatures with small centers, from which long, bent legs emanate in all directions. That is sort of what IVC filters…more

Opportunity for Response when Claim Construction Changes

Addressing claim construction and procedural issues during an inter partes review (IPR), the US Court of Appeals for the Federal Circuit vacated a Patent Trial and Appeal Board (PTAB or Board) patentability determination for failing to…more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: July 2016 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the release of the third, and likely final, draft of the World Bank’s…more

USPTO Sets New Deadline for Migration to Financial Manager

As we reported earlier this month, the U.S. Patent and Trademark Office announced that it was extending the deadline for customers to migrate their deposit accounts and electronic funds transfer accounts (EFTs) to Financial Manager…more

Construction For The California High-Speed Rail Is Chugging Right Along

The California High-Speed Rail Authority (“CHSRA”) issued a press release with the status of its construction work for the high-speed rail project (the “Project”) at seven active sites in the Central Valley. Many of the Project’s…more

Employment Law - July 2016 #2

Take Two: EEOC Amends Pay Data Collection Proposal - Why it matters - Tweaking its initial plan, the Equal Employment Opportunity Commission (EEOC) released an updated proposal about the collection of pay data from employers…more

Protected conversations and admissibility as evidence

It is commonplace for employers to enter into settlement negotiations with their employees prior to termination of their employment. Where there is a genuine dispute at the heart of the negotiations, it is well established that these…more

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