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What Is a Water of the United States? EPA and the Corps Make It Easier To Know What They Think

While the litigation over the WOTUS rule wends its tortuous way through the courts, EPA and the Corps have not been idle. Earlier this month, they jointly issued a memorandum on their plans for improving the permitting process. Among…more

Reforms in the UK Export Control Organisation (ECO)

The ECO is making a combination of reforms, intended to improve its service in support of responsible defence and security exports while at the same time ensuring that the objectives of strategic trade controls to protect global and…more

EPA Finalizes Reconsideration of Boiler MACT; Compliance Deadline Approaches

As major sources gear up to meet the January 31, 2016, compliance deadline for the Boiler MACT regulation, EPA has finalized a number of revisions to the rule that might affect your facility’s compliance plans. On November 5, 2015…more

Bulletin: SAG-AFTRA Issues Member Alert to Organize Droga5

SAG-AFTRA’s pledge to increase efforts in enforcing the SAG-AFTRA Commercials Contract and the Radio Recorded Commercials Contract was on full display with its latest Member Alert to organize Droga5, a non-signatory ad agency. Indeed…more

Game of Phones: Employer-Issued Smartphones and Employee Fifth Amendment Protections

A recent court decision holding that employees can claim the Fifth Amendment and refuse to unlock password-protected smartphones, even though the phones were issued by their employer for company business, demonstrates the increasing…more

The ERISA Litigation Newsletter - November 2015

Editor's Overview - This month we take a look at how the lower courts have been dealing with claims for retiree health benefits after the U.S. Supreme Court's ruling in M&G Polymers USA, LLC v. Tackett, 135 S. Ct. 926 (2015). As…more

Washington State Court Affirms $155M Jury Award Against Contractor and Surety Stemming from Claim of Default Due to Delayed Performance, Sustaining Denial of Contractor’s Differing Site Condition Defense

King County v. Vinci Construction Grands Projects/Parsons RCI/Frontier-Kemper, JV, 2015 Wash. App. LEXIS 2735 (Nov. 9, 2015) - The Court of Appeals of Washington recently decided King County v. Vinci Construction Grands…more

Bankruptcy Proof of Claim Form Gets a Makeover

Several of the Official Bankruptcy Forms will be replaced on December 1, 2015. For creditors, the most notable changes will be to two forms: the Proof of Claim form, Form 410, and the Mortgage Proof of Claim Attachment, Form 410A…more

PTAB Finds Different Claim Terms Have the Same Meaning

One of the classic canons of claim construction is that different claim terms in a patent are presumed to have different meanings. The Board found an exception to that general rule in Air Liquide Large Indus. v. Praxair Technology…more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement - A Source of Concern for the SEC — The Outsourcing by Investment Advisers and Funds of Compliance Activities - In a recent National Exam Program Risk Alert (dated November 9, 2015) the U.S. Securities and…more

Ten Core Competencies of a Compliance Management System

In my view, there are ten core competencies to implementing a Compliance Management System, often referred to by its acronym CMS. The Consumer Financial Protection Bureau requires it, state regulators are now asking for it, and…more

The FCA wades into the debate on privilege

In a speech on 5 November, the Financial Conduct Authority (“FCA”) criticized some firms for letting “legal privilege become an unnecessary barrier” in sharing the output of internal investigations with the FCA. The speech confirmed…more

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Contributor Spotlight

Proskauer’s Labor & Employment Department has deep experience in 17 distinct legal disciplines across the spectrum of labor and employment law. The department handles the complete range of…

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