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Principal Deputy Associate Attorney General Bill Baer’s Remarks Elaborate on Meaningful Cooperation

In his recent remarks at the Society of Corporate Compliance and Ethics Conference on September 27, 2016, Principal Deputy Associate Attorney General, Bill Baer (“Baer”), explained the common characteristics of meaningful cooperation…more

European Commission Adopts Implementing Regulation on ITS for Reporting Results of Internal Approach Calculations under Article 78(2) CRD IV Directive

On September 19, 2016, the European Commission adopted an Implementing Regulation implementing technical standards (ITS) for templates, definitions and IT solutions to be used by institutions when reporting the results of their…more

Delaware Organizational Meeting – Verengo, Inc.

Upcoming Committee Formation Meeting: Wednesday, October 5, 2016, 10:00 a.m. Case Name: Verengo, Inc. Case Number: 16-12098 (BLS)…more

Construction Update: What Every School District Should Have On Its Radar Screen!

By now you may have read in the newspaper or heard through the grapevine that one of our Michigan public school districts was forced to shut down several of its elementary schools following a State Fire Marshal's order, for failing to…more

Why Prevention? From a Litigator’s Point of View

Generally speaking, litigators are fire fighters. Fire fighters are told there is a fire; they are told the jurisdiction of the fire; they gather their standard fire-fighting tools (hose, ladder, fire truck) and they react. All very…more

Massachusetts AG Settles Abusive Debt Collection Claims Against Mortgage Servicer

On September 28, the Massachusetts Attorney General’s Office announced that it had entered into a settlement with a national mortgage servicer to resolve allegations that the servicer had engaged in abusive debt collection practices…more

Tighter connections between the Bay Area and Israel will encourage investment flows

Silicon Valley trends are often soon felt in its Israel equivalent Silicon Wadi. The two start-up ecosystems are intrinsically linked. In April this year, the connection between the two regions was further tightened when United…more

Recent Significant Case Law Developments Regarding What Constitutes a Reckless Interpretation of a Law and When Retention of an Overpayment Violates the False Claims Act

Key Points: - Learn the latest case law developments regarding what evidence the government or the relator must establish to prove that the defendant “recklessly” interpreted a statute or regulation in violation of the FCA…more

California Prohibits Employers from Requiring Out-of-State Litigation and Arbitration

On September 25, 2016, Governor Jerry Brown of California signed into law a new state statute that, in most instances, prohibits agreements requiring California-based employees to litigate or arbitrate their California-based…more

States and Business Groups Seek to Halt Implementation of Revised Overtime Rules; Employers Encouraged to Stay The Course

While new overtime provisions of the Fair Labor Standards Act are being challenged in court, employers should still prepare for a likely December 1 effective date. On September 20, 2016, 21 states and more than 50 business groups…more

I-9 Checkup: Nine Best Practices for I-9 Compliance

In today’s complicated maze of compliance requirements, most employers are aware of the need to complete a Form I-9 for every new hire. However, some employers fail to recognize the significance of the I-9 form…more

Breach Notification law: Yahoo’s Breach and the Duty to Disclose

Last week, Yahoo disclosed that in 2014 it suffered one of the largest data breaches in history, with at least 500 million Yahoo accounts compromised.  Given the timing of its acquisition deal with Verizon, Yahoo has been criticized…more

Courts Must Defer to Agency Determination on Whether a Changed Project is a New Project

In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Supreme Court No. S214061, filed Sept. 19, 2016), the California Supreme Court resolved the vexing question of whether a change to a project…more

ISO Publishes Standard for Compilation and Description of Sample Preparation and Dosing Methods for Engineered and Manufactured Nanomaterials

The International Organization for Standardization (ISO) published ISO/TR 16196:2016, “Nanotechnologies — Compilation and description of sample preparation and dosing methods for engineered and manufactured nanomaterials.” The goal of…more

Orrick's Financial Industry Week in Review

Financial Industry Developments - Rejecting "True Lender" Arguments, California District Court Dismisses Claims Against Student Loan Servicers - This past Thursday, September 22, a federal district court in the Central…more

California prohibits employee agreements providing for out-of-state venue or law

Effective January 1, 2017, employers doing business in California can no longer require, in an employment contract or offer letter, that a California employee bring an employment dispute outside California or have a dispute decided…more

BIS Issues Final Rule Altering Encryption Controls

On Sept. 20, 2016, the Bureau of Industry and Security (BIS) published a final rule that revises the Export Administration Regulations (EAR) and the Commerce Control List (CCL), primarily to implement changes that were agreed to by the…more

New Canadian Entry Requirement: Leniency Period Extended to November 9, 2016

Seyfarth Synopsis: The Electronic Travel Authorization (the “eTA”), Canada’s new entry requirement for visa exempt nationals entering Canada by air, was announced in March 2016. The eTA effective date has been extended to November 9…more

What Does My IRS Collection Notice Mean?

You may need help with the IRS if you received an IRS collection notice. If you owe back tax debt to the IRS, you will receive letters with “number codes” on the upper right hand side of the letter. Those “number codes are very…more

Advertising and Fair Use of Trademark: Oprah's Aha! Moment

On September 16, 2016, the Second Circuit cleared Oprah Winfrey's company and magazine of charges that their use of the phrase "Own Your Power" infringed a motivational speaker's trademark rights. The judges said that despite the…more

IRS to Update 1967 Revenue Ruling Relating to Change of Domicile

The Internal Revenue Service (the “IRS”) has announced plans to update Revenue Ruling 67-390, which requires an organization to “re-apply” for tax-exemption if it changes its corporate structure, including in situations where an…more

Department of Transportation Releases Policy Guidance on Autonomous Vehicle Technology (Part I: Industry Guidance)

As automakers and their suppliers alike have been working through the issues confronting autonomous vehicles, they have been doing so with a giant blind spot: just how the federal government, which regulates almost every aspect of…more

IRS Tax Payment Plans: IRS Considering Increased Payment Limits and Longer Payback Periods for Easier “Streamlined” Payment Plans

Over the course of the next year, the Internal Revenue Service (IRS) is testing new eligibility criteria for its “streamlined” payment agreements, with the goal of making it easier for taxpayers to pay off their outstanding tax…more

WilmerHale Eastern District of Texas Newsletter: September 2016

Data shows that although transfer motion filings in the Eastern District of Texas decreased 50% year-over-year from 2014 to 2015 (from 135 to 63), the percentage of successful motions increased from 34% to 43%. According to Docket…more

Business Laws and Regulations in Dubai, UAE

With its stellar growth, Dubai has been known for alluring every business opportunists due its efficient licensing rules, infrastructure, and ease of work. In a survey "the World Bank's Ease of Doing Business Survey for 2014," the…more

New California Law Amends Water Supply Planning Laws

Water Supply Sufficiency Analyses Must Consider Groundwater Sustainability - Gov. Jerry Brown has signed Senate Bill 1262 into law, representing an initial attempt to incorporate groundwater management requirements under the…more

DOJ & FTC Join Telemedicine Attack on Texas Medical Board

The U.S. Department of Justice and Federal Trade Commission have sided with Teledoc, Inc., one of the country’s biggest telemedicine companies, in its legal battle with the Texas Medical Board. The two agencies filed a joint amicus…more

China’s search for Israeli assets is to be welcomed but it won’t change the preference for early exits

The exit outlook for Israeli M&A is especially positive, particularly in light of the ever-growing interest from the Far East. While the vast majority of inbound capital still comes from the US, China has emerged as a prolific investor…more

Criminal consequences of the use of leaked data by tax authorities

Leaks of confidential information are becoming more common. Businesses and individuals may face scrutiny by investigative agencies following leaks of information from third parties or by employees. Businesses in particular face risks…more

Alabama Department of Revenue Submits Response in Economic Nexus Test Case

The Alabama Department of Revenue (ADOR) quietly filed its Answer in the ongoing challenge by Newegg, Inc. to the so-called economic nexus threshold set forth in ADOR Rule 810-6-2.90.03 for certain out-of-state retailers. In its…more

Second Circuit Denies Section 230 Immunity for Acts of Affiliate Marketers

The Second Circuit became the third federal appellate court ever to deny immunity under Section 230 of the Communications Act, 47 U.S.C. § 230, which provides broad protection for content supplied to websites by their users. Federal…more

Court Refuses to Compel Disclosure of Archived E-Mails Due to “Undue Burden and Cost”

Elkharwily v. Franciscan Health Sys., No. 3:15-cv-05579-RJB (W.D. Wash. July 29, 2016). After a previous order granting the plaintiff’s motion to compel discovery of “live” e-mails, the court denied the plaintiff’s motion as it…more

Without a Box to Stand on: States May Lack Right to Fight EEOC Criminal History Guidance After All

As our readers are likely aware, ordinances have been adopted in recent years in numerous jurisdictions limiting an employer’s ability to inquire about a job applicant’s criminal background. These so-called “Ban the Box” ordinances…more

21 States File a Lawsuit Challenging the USDOL’s Revisions to the White Collar Exemptions

On September 20, 21 states filed a lawsuit against the U.S. Department of Labor in the U.S. District Court for the Eastern District of Texas, challenging the USDOL’s revisions to the white collar exemptions under the Fair Labor…more

LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates

In a previous post, we discussed Louis Vuitton’s unsuccessful lawsuit against My Other Bag, Inc., in which the “parody defense” was a key issue. Louis Vuitton is making trademark law news again – this time as a defendant/counterclaim…more

FCC Enforcement Monitor ~ September 2016

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:…more

SEC Announces New Chief of its Whistleblower Office

On Wednesday September 28, 2016, the SEC announced Jane Norberg as the new chief of the SEC’s Office of the Whistleblower. Ms. Norberg said: “It has been an honor serving in the roles of deputy and acting chief and working with staff…more

Zika Virus: What Do Employers Need to Know?

The spread of the Zika virus across South and Central America, Mexico, and the Caribbean as well as locally acquired infections in parts of the United States, raises various issues for employers. On January 22, 2016, the U.S. Center…more

Can an Expatriate Employee Bring a Claim in the U.K.?

In Jeffery v The British Council UKEAT/0036/16, the Employment Appeal Tribunal (EAT) considered whether an expatriate employee could bring claims under U.K. employment legislation. Mr Jeffery was employed by a public body, the…more

FERC Seeks Comments on Potential Changes to Review of Mergers and Acquisitions

The Federal Energy Regulatory Commission (“FERC” or “Commission”) has asked for comments on procedures established for its review of mergers and acquisitions pursuant to section 203 of the Federal Power Act (“FPA”). In a Notice of…more

EEOC Small Business Resource Center: Two thumbs up!

I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it’s great. Small businesses, which may be just below or at…more

Outdated Business Associate Agreement Leads to Another Six-Figure HIPAA Settlement

On September 23, 2016, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Care New England Health System (CNEHS) agreed to pay $400,000 and enter into a corrective action plan with the…more

CFPB Announces that ECOA Protects LGBT Persons From Discrimination in Lending

This summer, the Consumer Financial Protection Bureau (CFPB) was asked by an LGBT advocacy group whether the provision of the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691 et seq., that prohibits discrimination on the basis of…more

Clean Power Plan has its day in court - Will the D.C. Circuit uphold EPA’s landmark CO2 regulations?

In a marathon day-long session before a packed courtroom (and a number of overflow rooms) on Tuesday, September 27, 2016, the full US Court of Appeals for the DC Circuit heard oral arguments in a litigation challenging the centerpiece…more

Lemon Laws: Potentially a Sour Future for Manufacturers of Autonomous Vehicles

Lemon laws have existed for several decades to protect consumers from permanently defected vehicles. Though they may vary state to state, lemon laws generally require manufacturers to replace or reimburse consumers for vehicles that…more

Proposed “Endangered” Listing for Rusty Patched Bumble Bee Creates a Buzz in the Energy Industry

On September 22, 2016 the U.S. Fish and Wildlife Service (Service) published a proposed rule to list the rusty patched bumble bee (Bombus affinis) as “endangered” under the federal Endangered Species Act (the ESA). If enacted, the…more

When Employers Don't Recognize an Employee's Notice of the Need for FMLA Leave, They Pay the Price

As employers, we face a sobering reality: at every turn, the FMLA sets us up to fail. Whether it’s deciphering medical certification, assessing fitness for duty upon return to work, or dealing with the always frustrating…more

Regulators and Industry Thought Leaders Discuss Issues in Social Media Advertising - Highlights from "The FTC, Native Advertising and Consumer Privacy"

Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues in social…more

South Africa Newsletter - September 2016

South Africa’s diverse economy, strategic role in Africa and political history create a unique business and regulatory environment. The Dentons South Africa Newsletter will help you keep abreast of issues that affect doing business in…more

Disability Discrimination and Protection of Pay

In G4S Cash Solutions (UK) Ltd v Powell UKEAT/0243/15, the Employment Appeal Tribunal (EAT) considered whether reducing an employee’s pay amounted to disability discrimination. Mr Powell could longer perform his role as an…more

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