Latest Updates

Reminder: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection

On December 1, 2016, the US Copyright Office replaced its directory of designated agents for receipt of Digital Millennium Copyright Act (DMCA) notices of claimed infringement with a new electronic system. As part of this process, the… more

California Implements Significant Changes in the Employment Application Process, Employee Training, and Protected Leaves

On October 12, 2017, California Governor Jerry Brown signed several bills regulating a wide range of employer actions, everything from the labeling of cleaning fluids to the employment application process. While compliance with all of… more

EU-U.S. Privacy Shield Passes First Annual Review

On October 18, 2017, the European Commission (EU Commission) published its report on the first annual review of the EU-U.S. Privacy Shield Framework (Privacy Shield). The EU Commission confirms that the Privacy Shield ensures an… more

We can Keep Googling the GOOGLE Mark: Supreme Court Denies Cert

Many of us have been eagerly waiting to see whether the Supreme Court would consider Google’s potential genericness… more

IRS Publishes Pension Plan Limitations for 2018

On October 19, 2017, the Internal Revenue Service (“IRS”) announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for the 2018 tax year. The list below details some of the… more

New Commercial Division ADR Rule

On October 11, 2017, Chief Administrative Judge Lawrence Marks amended Rules 10 and 11 of Section 202.70(g) (“Rules of Practice for the Commercial Division”) with respect to Alternative Dispute Resolution (“ADR”)… more

Supreme Court to Hear Microsoft Emails Case

In an order issued on October 16, 2017, the U.S. Supreme Court granted certiorari in United States v. Microsoft Corporation, a case with potentially far-reaching implications for the privacy of electronic data maintained by technology… more

CFPB Student Loan Ombudsman issues sixth annual report

The CFPB has released the sixth annual report of the CFPB Student Loan Ombudsman containing an analysis of approximately 12,900 federal student loan complaints, 7,700 private student loan complaints, and 2,300 debt collection… more

Automated Decision-Making Under the GDPR – A Right for Individuals or A Prohibition for Controllers?

The complexity of the EU General Data Protection Regulation (“GDPR”) is often alleviated by the guidance of regulatory authorities who contribute their practical interpretation of the black letter of the law and provide welcome… more

Orrick's Financial Industry Week In Review

SEC Proposes Rules to Implement FAST Act Mandate to Modernize and Simplify Disclosure - On October 11, 2017, the Securities and Exchange Commission (SEC) proposed amendments "to modernize and simplify disclosure requirements for… more

Tax planning for private corporations and their shareholders - converting income into capital gains

On October 19, 2017, the Department of Finance Canada issued a news release advising that it will not move ahead with proposed measures intended to target the conversion of income into capital gains. The announcement is the result of… more

The Alberta Securities Commission’s Credit for Exemplary Cooperation Program

The Alberta Securities Commission (ASC) announced its new Credit for Exemplary Cooperation in Enforcement Matters Policy (ASC Policy) on October 16, 2017. The ASC Policy sets out the benefits of cooperating with the ASC and the factors… more

SEC Proposes Modernization and Simplification of Regulation S-K

On October 11, 2017, the Securities and Exchange Commission (SEC) voted unanimously to propose amendments to modernize and simplify certain disclosure requirements in Regulation S-K applicable to public companies, investment advisers… more

Alabama CON Report

I. SHPDA Administrative Report - Contested Case AL2017-018, Huntsville Senior Services, LLC d/b/a Regency Remembrances, Huntsville, AL: Proposes to add thirty-two (32) specialty care assisted living beds to an existing seventy-two… more

GDPR Update: Data Protection Officers (Dutch)

In this month’s GDPR Update we address the position of the Data Protection Officer (the DPO). The DPO is a natural person overseeing the processing of personal data within an organisation… more

GDPR Update: Data Protection Officers

In this month’s GDPR Update we address the position of the Data Protection Officer (the DPO). The DPO is a natural person overseeing the processing of personal data within an organisation. The DPO therefore can be seen as an ‘internal… more

High Alert for California Employers and Employers Nationwide for the Second Wave of FCRA Class Actions

The flurry of Fair Credit Reporting Act (“FCRA”) class actions against employers started in or about 2012 and was not limited to California. Many of those lawsuits resulted in significant payouts for violations of one or more of the… more

IRS Announces Employee Benefit Plan Limits for 2018

The Internal Revenue Service (IRS) recently announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2018. Although some of the dollar limits currently in… more

Corporate Communicator - Fall 2017

Recent changes to Nevada corporate law reaffirm Nevada’s commitment to providing directors and officers with maximum deference in the exercise of their fiduciary duties on behalf of Nevada corporations. Specifically, Nevada Senate Bill… more

The Opioid Crisis: Declaring a National Emergency and the Effect on Remote Prescribing through Telemedicine

On July 31, 2017, President Donald Trump’s Commission on Combating Drug Addiction and the Opioid Crisis recommended that he declare the opioid epidemic a national emergency. In August 2017 and again on October 16, 2017, the president… more

Third Circuit Affirms Summary Judgment for Defendant in Titanium Dioxide Price-Fixing Case

WHAT HAPPENED: ..On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the court… more

Shrinking Damages with Smart Data

Recently, an elderly couple – who were both plaintiffs, one for personal injuries and the other for loss of consortium – gave testimony about their active lifestyle (outdoors and in the bedroom) before a slip-and-fall accident. Some of… more

CEO Pay Ratio Disclosure Rule – Implementation Considerations

Despite attempts to delay or eliminate the CEO pay ratio disclosure rule, most U.S. public companies will be required to comply with the rule beginning with their 2018 proxy statement. The CEO pay ratio disclosure rule will require… more

Conference of State Bank Supervisors names fintech advisory panel members

The Conference of State Bank Supervisors has released a list of 33 companies that will serve as members of its Fintech Industry Advisory Panel. According to the CSBS, the Advisory Panel’s purpose is “to support state regulators’… more

UK national security and infrastructure – tougher merger control ahead?

On 17 October, the UK Government published a Green Paper reviewing national security implications of foreign ownership or control, as indicated in this year's Queen's Speech… more

Cryptocurrency Update: CFTC Reaffirms Jurisdiction Over Certain Virtual Currency Transactions

There is little question that virtual currency will be subject to increasing regulatory oversight as it continues its steady march towards the mainstream. On October 17, 2017, the Commodity Futures Trading Commission (CFTC) made that… more

[Webinar] Selected Issues Impacting Biopharma and Medical Device Patent Post-Grant Review Proceedings - November 9th, 12:00pm CT

Join members of Brinks Gilson & Lione's Post-Grant Patent and Medical Device practice groups as they present the webinar, "Selected Issues Impacting Biopharma and Medical Device Patent Post-Grant Review Proceedings." Some of the topics… more

[Audio]K&L Gates Triage: Using Drones in Medicine

Unmanned aircraft, commonly known as “drones,” are gaining traction as a tool used by many industries today, including health care. Researchers are currently studying potential applications for drones in delivering medical supplies to… more

Enforcing Nursing Home Arbitration Agreements Post-Kindred

Just five months ago, the U.S. Supreme Court weighed in on a nursing home arbitration dispute in Kindred Nursing Centers v. Clark. It held that the Kentucky supreme court’s rationale for not enforcing the arbitration agreement was… more

Alberta Court of Appeal Weighs In on Random Drug and Alcohol Testing

Employers in Alberta are likely to have greater latitude in terms of the evidence they can rely upon to justify a policy of random drug or alcohol testing in the workplace, following the decision of the Alberta Court of Appeal in… more

Missouri Appeals Court Vacates $72 Million Verdict For Lack Of Personal Jurisdiction

In a significant defense win applying recent U.S. Supreme Court precedent, a Missouri appeals court reversed and vacated a $72 million judgment for lack of personal jurisdiction. Estate of Jacqueline Fox v. Johnson & Johnson, et al… more

Expect Focus - Life Insurance, Volume III - September 2017

EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. Please see full Publication below for… more

Expect Focus - Life Insurance, Volume III - September 2017

EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. Please see full Publication below for… more

The Higher They Are, The Harder You Fall

You don’t need to be a cable news network, a Hollywood production company, a media mogul or a politician in order to feel the ripple effect from the recent wave of workplace sexual harassment claims. While such harassment claims might… more

Braced for Brexit

As negotiations continue, so do business preparations. Change is almost inevitable but the extent, nature and timing is uncertain. How can such change be addressed in one-off transactions (e.g. M&A) and in on-going relationships (e.g… more

Trade Secret Misappropriation By Ex-Employees In China: How To Confront “Inside Theft”

Article 123 of the General Provisions of the Civil Law of the People’s Republic of China (effective Oct. 1, 2017) confirmed that trade secrets are intellectual property, signifying China’s recognition of the importance of trade secret… more

Unified Credit for Estates & Annual Exclusions for Gifts Increased for 2018

The IRS announced that the Unified Credit for Estates and Annual Exclusion for Gifts will be higher in 2018. Unified Credit Against Estate Tax. For an estate of any decedent dying in calendar year 2018, the basic exclusion amount… more

President Trump Nominates Joe Simons to Chair the Federal Trade Commission; President Also Nominates Noted Consumer Protection Advocate Rohit Chopra to the Commission

President Donald Trump has indicated his intent to nominate Joe Simons, a long-time antitrust lawyer, to chair the Federal Trade Commission (FTC). The President also has indicated his intent to nominate Rohit Chopra as an FTC… more

President Xi Jinping Pledges Sustainable Development to Build a “Beautiful China”

At the 19th National Congress of the Chinese Communist Party, President Xi Jinping asserted his country’s emerging leadership in environmental stewardship and pledged to build a “beautiful China”. In his speech to the 2,300 delegates… more

Departments of Justice and State Announce Joint Effort Targeting Visa-Abusing Employers

The federal government’s intent to increase restrictions on legal and illegal immigration is no secret to any U.S. business. The Trump administration’s various proposals have included ones intended to deal with perceived abuses in the… more

ISO 37001: Training, Employee Concerns, and Internal Investigations (Part V of V)

In my final posting on ISO 37001, I review requirements for training, raising concerns and internal investigations as part of a company’s anti-bribery risk management system… more

The Latest on President Trump's Executive Order

President Donald Trump issued his Presidential proclamation, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats" on Sept. 24, 2017. This order… more

Benefit and Contribution Limits for 2018

The Commissioner of Internal Revenue announced the 2018 dollar limitations for benefits and contributions that apply to retirement plans. Some limits have increased while others remained the same… more

Deeper Dive into Statistics Confirm Rise in Sex Harassment Cases...With Some Caveats

So a few weeks back, I suggested that we were entering into a new era of sexual harassment cases and wondered out loud when the statistics would back up my observations. We now have our first signs. Maybe… more

CFPB Finalizes Payday Lending Rule - With a Few Changes

On October 5, 2017, the Consumer Financial Protection Bureau (CFPB) finalized its new rules governing the small-dollar consumer loan market, based on a proposal first released in June 2016. The rule requires underwriting for “ability… more

This Week In Securities Litigation

The Supreme Court removed Leidos from its argument document this week. The case, which focused on a question regarding the scope of Section 10(b) in a securities class action, was scheduled for argument next month. The Commission… more

FTC Obtains $4.1 Million Judgment Against Seller of Fake Payday Loans

On October 17, 2017, the Federal Trade Commission (FTC) announced? that it obtained a $4.1 million default judgment from the U.S. District Court for the District of Kansas against a phony debt collection operation that sold lists of… more

CFPB releases consumer protection principles for consumer-authorized sharing of financial information

The CFPB has released a set of “Consumer Protection Principles” for participants “in the developing market for services based on the consumer-authorized use of financial data.”… more

Alabama and Mississippi Insurance Law Questions Following Hurricane Nate

Hurricane Nate made landfall on the Mississippi Gulf Coast near the city of Biloxi on Sunday, October 8, 2017, as a Category 1 Hurricane. The eastern quadrant of the storm’s center also passed over significant portions of the Alabama… more

SEC Proposes Disclosure Changes

The SEC issued a proposing release on October 11, 2017 to amend a wide variety of disclosure rules, primarily under Regulation S-K, in an effort to modernize and in some cases simplify disclosure requirements for public companies… more

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Bond, Schoeneck & King, PLLC was founded in 1897 and since then the firm has developed a reputation for professional excellence, integrity, and success that lives on more than a century later. These…

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