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CFPB Outlines Expectations for In-Person Debt Collection Activities by First- and Third-Party Debt Collectors

Consumer debt collection activities remain one of the primary focus areas of the Consumer Financial Protection Bureau (CFPB)—and this focus is not limited to the activities of third—party debt collectors…more

[Video]FCPA Compliance and Ethics Report-Episode 232-Kristy Grant-Hart on how to be a wildly effective compliance officer

In this episode I visit with Kristy Grant-Hart about her new book How To Be a Wildly Effective Compliance Officer…more

Wilcox v. State Farm: Minnesota Supreme Court Decision In Labor Depreciation Class Action

Yesterday the Minnesota Supreme Court issued its opinion in Wilcox v. State Farm Fire & Casualty Company, a putative class action alleging that State Farm, in estimating the “actual cash value” of property damage under homeowners’…more

Briefing Continues In Cross Appeals Of Anda Order

In its October 2014 Final Order (the “Anda Order”), the Federal Communications Commission found that it had the statutory authority to regulate solicited faxes by promulgating a rule that requires an opt-out notice on all such faxes…more

Bayer Announces That It Will Not Submit Voluntary Cancellation Requests for Flubendiamide

Significant issues concerning the scope of the U.S. Environmental Protection Agency’s (EPA) authority to cancel conditional registrations are raised by recent events concerning flubendiamide products sold in the U.S. by BayerCrop…more

Putting a Wrap on LegalTech New York 2016

Last week wrapped up LegalTech New York 2016, as thousands of professionals across the legal sector descended upon the Hilton New York for three days’ worth of meetings, information, keynotes and plenary sessions. As the industry’s…more

Professional Regulation and Ungovernability

Riccioni v. Law Society of Alberta, 2015 ABCA 62 (CanLII) (Alta CA), upholding a decision by the Law Society to disbar one of its members in part for ungovernability - Earlier this year, the Alberta Court of Appeal upheld a…more

Court Refreshingly Interprets the Work Product Rule as it is Written

In one of the greatest mysteries involving the work product doctrine, some federal courts only protect documents created by or at the direction of lawyers — although Fed. R. Civ. P. 23(b)(3) cannot possibly be read to include such a…more

Los Angeles & Orange County Transit Projects to Receive $500 Million in Federal Funds

Public transit continues to be a major focus throughout Southern California, with virtually all of the county transportation agencies planning or undertaking important passenger rail projects throughout the region. Some of those…more

Insurance Insight - California: Appellate rulings highlight importance of understanding auto coverage

Two recent decisions from the California Court of Appeal highlight the importance of understanding one’s auto insurance. Both cases left the policyholders without coverage for serious injuries that a simple policy review could have…more

All Is Fair In Love And The Workplace?

It is not surprising that sparks may fly in the workplace, considering that most Americans spend more time at work than they do anywhere else. And as Valentine’s Day approaches, workplace romances are especially likely to flourish…more

Carlos Santana is Everywhere

Seeing Carlos Santana this weekend while watching the Super Bowl with friends reminded me about the recently filed copyright infringement suit against BuzzFeed. You might be thinking, “that was Chris Martin of Coldplay, not Carlos…more

TRID rule technical correction?

In yesterday's Federal Register the CFPB published a correction to the TILA/RESPA Integrated Disclosure (TRID) rule supplementary information as published on December 31, 2013 with regard to property taxes and certain similar charges…more

Brown v. Canada Clarifies Obligations of Patent Applicants

Bennett Jones successfully represented the Intellectual Property Institute of Canada (IPIC), Canada’s preeminent association of intellectual property professionals, as an intervener before the Federal Court of Appeal in Brown v…more

Prepare Ahead to Handle a Narcissist

Hi there, I love it when the holidays are over and the days start getting visibly longer. Among other things, there is an influx of new clients with new cases and new problems to solve…more

UK Financial Regulatory Developments - February 2016 #5

ECA reports on ESMA supervision of CRAs - The European Court of Auditors (ECA) has issued a report on ESMA’s role as the single supervisor of credit rating agencies (CRAs) in the EU. It finds that overall ESMA has laid down good…more

Court Upholds Class Waiver Arbitration Clause, Finding An Unaware Party Can Still Manifest Assent To Be Bound

A federal court in Oregon granted a motion to compel arbitration based on a class waiver and arbitration provision in a credit agreement. The primary question of fact was whether the plaintiff had been read or had received the terms of…more

SB 386: Consumer Legal Remedies Act Update

California recently enacted Senate Bill 386. Under existing law, the Consumer Legal Remedies Act, prohibits unfair methods of competition, acts, or practices by any person that either is intended to result of results in the sale or…more

Locke Lord Article: Slavery and Human Trafficking Statement Required for Businesses Operating in the UK

In a step towards tackling the global problems of slavery and human trafficking, Her Majesty’s Government recently passed the Modern Slavery Act 2015 which includes, at Section 54, a provision (which came into force on 29 October 2015)…more

[Video]Webinar Recording: The Co-investment Climate in Private Equity

Co-investments are an increasingly important component of capital used by private equity groups (PEGs) to fund acquisitions and represent an increasingly significant portion of this capital. This is one of the key findings of a new…more

IRS Releases FY 2017 Green Book Revenue Proposals

It’s that time of year when the President releases his annual wish list of tax revenue proposals, also known as the “Green Book”.  The 2017 Green Book includes many familiar items such as taxing Carried Interests as ordinary income…more

Supreme Court Delays Implementation of Clean Power Plan

In a 5-4 vote, the United States Supreme Court stayed the implementation of the Clean Power Plan (CPP) through the ultimate Supreme Court determination on the merits, assuming the inevitable writ of certiorari from the D.C. Circuit…more

PowerPoint: The Co-investment Climate in Private Equity

Co-investments are an increasingly important component of capital used by private equity groups (PEGs) to fund acquisitions and represent an increasingly significant portion of this capital. This is one of the key findings of a new…more

FCC Releases Updated 2016 Universal Service Revenue Reporting Worksheet

It’s a new year and the FCC has just released its annual update to the FCC Form 499A. Telecommunications providers must use the 2016 Form 499A to report calendar year 2015 revenues for purposes of calculating contributions to the…more

Lincare, Inc. ordered to pay civil monetary fines for HIPAA violations

In an unusual scenario, in fact, only the second time in history, the Office for Civil Rights (OCR) was successful before an Administrative Law Judge (ALJ) in obtaining an order for the payment of civil monetary fines as a result of…more

Intellectual Property in Government Contracts – Landmines Abound

Intellectual property is often a company’s most valuable asset. For companies with federal government customers, following the government’s rules can mean the difference between maximizing and losing value in newly developed IP…more

Blog: European Commission Speech About The Resolution Of Insurers And Asset Managers

The European Commission has published a short extract from a speech given by Commissioner Jonathan Hill to the Centre for European Policy Studies on 9 February 2016. The first two paragraphs of the extract are about the resolution…more

Innovative Public-Private Partnership for the New Long Beach Civic Center

The City of Long Beach is moving forward with plans to tear down the city’s existing Civic Center and build a more than $530 million city hall, library, park and port headquarters using a groundbreaking public-private procurement and…more

What happens when your FCE is invalid?

An FCE is a Functional Capacity Evaluation that takes about 2-3 hours at a physical therapist’s office selected by the adjuster to help the treating doctor determine whether the injured worker should have permanent work restrictions…more

The Oman Update - Official Gazette 1134

Ministerial Decisions and Local Orders - Ministry of Regional Municipalities & Water Resources Ministerial Decision No. 13/2016 Amending some provisions of MD 124/93 (on the registration of leases). Registration fees of…more

FCA Publishes “Dear CEO” Letter in Relation to Client Take-On Procedures for CFD Products

On February 2, the Financial Conduct Authority (FCA) published a “Dear CEO” letter (Letter) setting out the FCA’s findings from a review of client take-on procedures for firms that offer contract for difference (CFD) products to…more

A New And More Flexible Approach To Internship Programs

Class action lawsuits filed by interns who claim they should be classified as employees have proliferated over the last few years. In these types of cases, a large number of interns have argued that they were actually entitled to be…more

The Terms Behind Unicorn Valuations

Background - In May 2015, we published our first survey of the terms of unicorn financings. That survey covered financings undertaken by US based unicorns in the 12 month period ended March 31, 2015, and is available..…more

Delaware Inspection Ruling May Cause Yahoo! Inc. To Regret Not Incorporating In Nevada

In a recent blog post, Delaware lawyer Francis Pileggi discusses a recent ruling by Vice Chancellor J. Travis Laster ordering Yahoo! Inc. to produce personal emails of directors and electronically stored information in response to a…more

Claims Are Construed In Manufacturing Technology Case

BASF Corporation v. Johnson Matthey Inc., C.A. No. 14-1204 – SLR-SRF, February 9, 2016. Robinson, J. Claim construction opinion issues regarding four terms from one patent. A Markman Hearing took place on 1/22/2016…more

EQT Wins a Temporary Victory, but the Future of Oil and Gas Operations in Fayette County, West Virginia, Is Still Undecided

EQT Corp. won a temporary victory in its continuing effort to defend against the potential shutdown of its 200 oil and gas wells and one wastewater injection well in Fayette County, West Virginia, after the District Court for the…more

Non-Equity Incentive Plans

We previously discussed the benefits of equity incentives. When it comes to compensating a start-up’s key people, equity incentives are often the best way to align interests with the founders. Sometimes, however, non-equity incentives…more

Misconduct in the C-Suite: SEC Settles FCPA Case with CEO

The SEC is setting its sights on individual prosecutions. Both the Justice Department and the SEC have reiterated the importance of prosecuting individuals. DOJ’s Yates Memorandum promises to deliver an increase in civil and criminal…more

EU-US Privacy Shield May Provide Guidance for Transatlantic Data Transfers

The decision of the Court of Justice of the European Union (CJEU) to invalidate Safe Harbor in October 2015 sent shockwaves throughout the international business community. Safe Harbor was a certification mechanism that allowed…more

OSHA Incorporates Previous Guidance into Whistleblower Manual

The Occupational Safety and Health Administration (OSHA) has issued a new Whistleblower Investigations Manual that clarifies the new, relaxed standard to be used by its investigators in determining whether to pursue a whistleblower…more

U.S. DOE Disclaims Jurisdiction Over Canadian Gas and Authorizes LNG Exports to Non-FTA Nations From Bear Head LNG Project

On February 5, 2016, the U.S. Department of Energy’s Office of Fossil Energy (“DOE/FE”) issued two orders to Bear Head LNG Corporation and Bear Head LNG (USA), LLC (together, “Bear Head LNG”), formally announcing DOE’s comprehensive…more

SBIC Report: GAO Issues 2015 Investment Report on SBIC Funds

The Government Accountability Office (GAO) issued a report on Small Business Investment Companies (SBICs) titled “Characteristics and Investment Performance of Single and Multiple Licensees.” The Jan. 27 report found that the…more

Blog: ESMA’s Advice On The Application Of The Passport To Non-EU Alternative Investment Fund Managers

It might soon be possible for alternative investment fund managers (AIFMs) in the United States of America, Hong Kong, Singapore, Japan, Canada, the Isle of Man, the Cayman Islands, Bermuda or Australia (the Countries), to “market”…more

EEOC and DOL Propose Increased Reporting Requirements for EEO-1 Reports

On the seventh anniversary of the federal Lilly Ledbetter Fair Pay Act, the Equal Employment Opportunity Commission (“EEOC”), in partnership with the U.S. Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”)…more

Points & Authorities - Winter 2016

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016 - In past years the Governor of California has enacted new laws related to employment that place additional burdens on…more

Citibank Breaks the Ice with a $23 Million Settlement in LIBOR Class Action

Citibank, N.A. has asked a federal district court to bless its $23 million settlement in a class action lawsuit alleging a wide-ranging conspiracy among banks to fix yen-denominated London Interbank Offered Rates (LIBOR) interest rates…more

[Webinar] Protecting Against Wire Transfer Fraud: Limiting Your Company's Exposure - Feb. 25th, 1:00pm CST

Beyond the headlines, the latest cyberattacks target corporate bank accounts, rather than consumer credit cards. The FBI has been warning that wire transfer fraud is booming. The billion-dollar problem targets businesses -- over 7000…more

Cupid’s Arrow Strikes Lover in the Wallet

Revenge is a dish best served cold. In a recent case, a disenchanted suitor not only sued to recover gifts he made to his former lover but also reported those gifts to the IRS as income payments! See Diane Blagaich, TC Memo 2016–2…more

Financial Services and Technology Companies Beware: The U.S. Office of Federal Contract Compliance Has A Target on Your Back

The President released his 2017 budget this week. Budgets are aspirational documents that Congress rarely implements in full. The current acrimony between Congress and the Administration ensures that the President’s 2017 budget will…more

U.S. Supreme Court Stays Clean Power Plan

In a rare move, the U.S. Supreme Court stayed the U.S. Environmental Protection Agency's (EPA) Clean Power Plan even before the merits of the rule have been decided by the U.S. Court of Appeals for the District of Columbia Circuit…more

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