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Overriding Interest

Welcome to the latest edition of Overriding Interest. Inside this issue: - Brexit and the Real Estate Sector—Impacts - Forfeiture: The Right of Re-Entry - New Joiners, Events & Announcements - Cases Please see…more

Ninth Circuit Interprets “Without Authorization” under the Computer Fraud and Abuse Act

When we last left David Nosal, he had escaped liability under the Computer Fraud and Abuse Act after convincing some of his former colleagues at executive search firm Korn/Ferry to use their log-in credentials to download source lists…more

Franchisor to Be Considered Statutory Employer? PA Supreme Court to Decide

The far-reaching implications of this decision could change the existing franchise business model. Is a franchisor a statutory employer of its franchisee’s employees? The Workers’ Compensation Appeals Board thinks so, and the…more

First Circuit Affirms Another Insider-Trading Conviction

On July 26, 2016, the U.S. Court of Appeals for the First Circuit affirmed another conviction in a pair of appeals arising from insider-trading prosecutions. The decision in United States v. McPhail confirms that, under current First…more

Federal Circuit Explains Burden Shifting in IPRs

In re Magnum Oil Tools International, Ltd., __ F.3d __ (Fed. Cir. July 25, 2016) (Newman, O’MALLEY, Chen) (PTAB) (4 of 5 stars) The highly truncated nature of inter partes review (IPR) proceedings has led to concerns about parties…more

Seventh Circuit Clarifies Rules for Compensating Tipped Employees Performing Non-tipped Work

The Fair Labor Standards Act (FLSA) and most states permit restaurants to pay tipped employees a tip-credit rate, an amount less than the minimum wage with the expectation that tips will make up the difference. It goes without saying…more

University of Mississippi Medical Center settles HIPAA violations for $2.75M

The Office for Civil Rights (OCR) has obtained another big settlement from a covered entity resulting from a data breach. This most recent settlement of fines and penalties and a Resolution Agreement is with the University of…more

MTC Annual Meeting Update: MTC Approves Model Sales and Use Tax Nexus Statute

The Multistate Tax Commission (“MTC”) held its Annual Commission Meeting on July 27, 2016. Of note, the MTC voted to adopt the Model Sales and Use Tax Nexus Statute. In addition, the Arm’s-Length Adjustment Service Committee (“ALAS”)…more

Blog: European Commission considers database to end crypto-currency anonymity

The European Commission has published a proposal that, if made and brought into force, will amend the 4th Anti-money Laundering Directive (4AMLD) before the Member States are required to transpose it into their national laws. To…more

GHS Update: Government of Canada introduces new regulations for protection for workers handling hazardous materials

The Government of Canada has announced that new Occupational Health and Safety regulations under the Canada Labour Code, which are intended to better protect federally regulated workers who use, handle and store hazardous products in…more

Breeze through International Depositions

With summer going strong, it seems everyone is on vacation or has just returned from it. Vacation travel can be stressful, so you need to choose your destination wisely. All the stress of getting there must pay off with an enjoyable…more

Second Circuit Rejects Argument That Arbitration Clause Was Void Due To Inability To Vindicate Rights Under Title VII And ADA

The Second Circuit recently affirmed in relevant part, an order compelling arbitration of claims under Title VII and the Americans with Disabilities Act in connection with the termination of the plaintiff’s employment. The plaintiff…more

SBA Expands Mentor-Protégé Program and Eliminates Populated JVs

The U.S. Small Business Administration (SBA) recently published its much-anticipated final rule establishing a mentor-protégé program available to all small businesses, not just certain SBA-approved 8(a) contractors as is the case…more

Belgian Retail Newsletter: "Pop-up" stores: the new Flemish decree on short-term retail leases enters into force on 1 September 2016

1. INTRODUCTION - A “pop-up” store is not a legally defined term under Belgian law. Rather it is a collective name for quite a recent phenomenon of retail stores that wish to be present on the market for a limited time only…more

California State Water Board Extends Public Comment Period for Wetlands Policy; New Permits Likely to be Required

Public Comments Due Aug.18 - The State Water Board recently held a public hearing on controversial proposed amendments to the California Ocean Plan and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and…more

Hit by the Pitch: Federal Judge De-Certifies FLSA Class Action of Minor League Baseball Players

In a 100+ page opinion, federal Magistrate Judge Joseph Spero of the Northern District of California refused to grant the Plaintiffs’ motion to certify a class of minor league baseball players and instead granted the baseball clubs’…more

New Texas Surplus Lines Rules Drafted by Texas Department of Insurance

The Texas Department of Insurance (“TDI”) has posted a 48-page working draft of new surplus lines rules. Specifically, TDI issued an informal notice on July 22, 2016 reflecting several modifications to Title 28, Texas Administrative…more

Nasdaq Requires Listed Company Disclosure of Third Party Compensation Agreements with Directors and Nominees

Nasdaq has amended its listing rules to require listed companies to publicly disclose compensation or other payments by third parties to company directors or nominees for director. The new rule, which is designated as Marketplace Rule…more

How to Balance Lender and Contractor Interests on Alternative Energy Construction Projects

Lenders who finance wind and solar farms often require the EPC contractor to consent to the developer’s assignment of the EPC Contract to the lender to secure the developer’s obligations under the loan documents. Such consents are…more

Product Safety and Liability Prevention

When companies make products that are not safe, they automatically increase their liabilities. This is not in anyone’s interest. Costs increase. Bad PR increases. Good will is lost. Insurance rates go up. And, most importantly, people…more

Corporate and Financial Weekly Digest - Volume XI, Issue 28

SEC Proposes Amendments To Update and Simplify Disclosure Requirements: A Closer Look - On July 13, the Securities Exchange Commission proposed and requested comment regarding rule amendments to update and simplify certain…more

CFPB July 2016 complaint report highlights credit card complaints, complaints from Washington consumers

CFPB has issued its July 2016 complaint report which highlights complaints about credit cards and complaints from consumers in Washington and the Seattle metro area. The CFPB began taking credit card complaints on July 21, 2011, the…more

Blog: House of Lords EU Committee – Scrutinising #Brexit: the role of Parliament

The House of Lords’ EU Committee has published its 1st report of the 2016/7 session: “Scrutinising Brexit: the role of Parliament“. The report is blunt, and to the point..…more

Regulatory and Legislative Changes: No Summer Holiday Break

While you may have thought that the major party conventions and Olympic Games in Rio would have resulted in a break from significant legislative and regulatory changes, that simply does not seem to be the case…more

Romanian Legal Update: A new Market Abuse regime under directly applicable EU legislation

Regulation 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (also known as the Market Abuse Regulation, hereinafter referred to as MAR) became directly applicable in all EU Member States on 3 July…more

CRTC Enforcement Advisory: Remember, You Must Have Records To Prove Consent

The Canadian Radio-television and Telecommunications Commission (CRTC) issued an enforcement advisory to both businesses and individuals that send commercial electronic messages (CEMs) to keep records of consent. The CRTC reminded…more

Government Involvement in Noncompetes… Against a Sandwich Maker?! Jimmy John’s Slapped With Another Lawsuit, This Time Brought by the Illinois Attorney General

Jimmy John’s can’t seem to escape the limelight. Last year, the company made headlines when employees hit it with a putative class action lawsuit seeking to invalidate their non-compete agreements. The District Court determined that…more

FAQ on the Limitations on Subcontracting New Rules

We recently held a live seminar and a webinar on the new Limitations on Subcontracting (“LOS”) rule. We reviewed the questions submitted during the sessions, and noticed that many of the same questions were being asked by attendees…more

Portability: A Useful Estate Planning Tool

The concept of "portability" in estate planning is the most substantial change to the estate planning landscape for married couples in recent memory. Introduced as a temporary feature by the 2010 Tax Relief Act, portability became…more

Is the Privacy Shield Viable? Article 29 Working Party Proposes to Wait for Its Final Verdict

After its first draft of February 29, 2016, the European Commission adopted the EU-U.S. Privacy Shield adequacy decision on July 12, 2016. The first draft was adopted after the cancellation of the Safe Harbor by the Court of Justice…more

Three New Colorado Employment Laws on the Horizon: Employment Verification, Pregnancy Accommodations and Personnel-File Inspection

The Colorado General Assembly passed three laws in 2016 that affect Colorado employers. This legal update briefly describes the new laws and suggests steps employers should take to assure future compliance: - Colorado…more

Blog: New UK Prime Minister proposes “something radical.” Could it happen here?

She may be the new leader of the Conservative Party, but her party affiliation may not be entirely obvious from the speech delivered in July by UK Prime Minister, Theresa May, launching her national campaign. In her vision of creating…more

Majority of Fully-Informed, Disinterested Stockholders Insulated Merger from Attack

The Delaware Supreme Court held in Corwin v. KKR Financial Holdings, that "when a transaction not subject to the entire fairness standard is approved by a fully-informed, uncoerced vote of the disinterested stockholders, the business…more

New Delaware Chapter 11 Filing – Halcón Resources Corp. et al

Halcón Resources Corp. et al (NYSE: HK) and 21 affiliates have filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware (Lead Case No. 16-11724)…more

Diversity assessment and remedial measures required by CFPB consent order

On June 29, 2016, BancorpSouth Bank announced a proposed settlement and consent order with the CFPB and the U.S. Department of Justice of charges that the bank’s mortgage lending practices violated the Equal Credit Opportunity Act and…more

Collegiate Biobased Network Provides Connections To Industry Leaders For Interested Students

The Collegiate Biobased Network (CBN), supported by the United Soybean Board, promotes educational and career connections in the biobased industry for college and university students…more

Courts Wrestle with Work Product Protection for Interview-Related Documents: Part III

The last two Privilege Points (Part I and Part II) discussed federal court decisions reflecting confusing and sometimes arguably illogical approaches to interview-related materials. In SFEG Corp. v. Blendtec, Inc., No. 3:15-0466…more

The Power of a Justice Department Declination

Tom Fox and I recorded a podcast recently on the Johnson Controls enforcement action. In our podcast we discuss a number of issues relating to the Justice Department’s decision to reward Johnson Controls with a declination…more

Transparency's Opaque Beginning: CMS Starts Implementing ACA Transparency Requirements

Based on QHP Certification instructions issued on July 22, 2016, the Centers for Medicare and Medicaid Services (CMS) will collect administrative and performance data from health insurers that participate in the federally-run health…more

U.S. Department of Justice Issues RLUIPA Report

The Department of Justice (DOJ) released a new report on its involvement in RLUIPA cases.  The report, “Update on the Justice Department’s Enforcement of the Religious Land Use and Institutionalized Persons Act: 2010-2016,” is a…more

Regulators' IM Crackdown May Increase Cyber Risk

In April, the Office of the Comptroller of the Currency issued a bulletin specifically aimed at banks' use of internal messaging software. The bulletin was issued to "remind" banks of their obligations related to the maintenance of…more

New EU framework for foods for specific groups as of 20 July 2016

Regulation (EU) No 609/2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control (foods for specific groups – “FSG Regulation”) applies as of 20 July 2016…more

Implementation of the Damages Directive: The Changing Landscape of EU Competition Law

Somewhat overshadowed by media attention surrounding the repercussions of the Brexit vote and subsequent impact on the United Kingdom’s laws and economy, the landscape of Europe’s competition law regime is undergoing a notable change…more

Red Flags Squelch Corrupt PDVSA Deal

As the Petrobras corruption scandal seems to be going strong, we turn our attention to what may be the most corrupt of all the national energy companies, the Venezuelan state oil company Petroleos de Venezuela SA (PDVSA). Business…more

Court Report - July 2016 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Genzyme Corp. et al. v. Zydus Pharmaceuticals (USA) Inc. 1:16-cv-00540; filed June 29, 2016 in the District Court of…more

Another Jury Acquits in One of the First Few Prosecutions of Health Care Executives Following DOJ’s Yates Memo

Last month, we reported on a Massachusetts federal court jury’s decision to acquit the former CEO of Warner Chilcott in one of the first prosecutions of a health care executive following the Department of Justice’s (“DOJ”) Yates Memo…more

Prior Art References Introduced After IPR Institution Are Permissible to Show State of Art

Addressing issues related to introducing additional prior art references after institution of an inter partes review (IPR), the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB or Board)…more

Brazil - Crisis and Opportunities

The seventh largest economy in the world is changing its government after a year of political and economic turbulence. For many Brazil continues to offer huge investment potential and this interest may increase if the new government…more

Commenters Dispute FCC’s Proposed ISP Privacy Opt-In Rules

The Federal Communications Commission ( “FCC”) received more than 276,000 public comments on its proposed broadband Internet service provider privacy rules. Of these, two academic submissions received near the July 6 deadline approach…more

ADA Title III Lawsuits Up 63% From 2015

In honor of the 26th anniversary of the ADA, we are sharing our mid-year count of ADA Title III lawsuits for 2016 and it’s newsworthy: The number of lawsuits filed in federal court is already at 3,435, up 63% from last year’s mid-year…more

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Founded in Orlando, Florida, in 1969, Lowndes, Drosdick, Doster, Kantor & Reed, P.A., is a multi-practice business law firm. Our attorneys represent corporate, entrepreneurial and individual clients…

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