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Successfully Selling Your Business: 4 Tips – No Matter the Buyer

Among the growing number of business owners looking to sell their business, JR and Sue Ellen Pawlenty are in the market to sell their company Pawlenty Energy. Recently Tilting the Scales highlighted Successfully Selling Your Business:…more

Pay Raises Across the Nation? Not So Fast Say Several States and Business Groups: 21 States and 55 Business Groups Challenge New Federal Overtime Rule

On Tuesday, September 20, 2016, twenty-one states filed a complaint in federal court in Texas challenging the new overtime rule finalized by the Department of Labor (“DOL”) in May of this year. The States seek to prevent…more

[Event] "Americas Labor & Employment Law Conference: Managing a workforce across the Americas and beyond" - Dec. 8th-9th, Miami, FL

Attorneys from FordHarrison and Ius Laboris, the global Alliance of leading labor and employment law firms, will join in-house counsel to discuss the many challenges faced by multinational companies. The conference is aimed at in-house…more

Unsecured Creditors May Expect Better Recoveries in Bankruptcy

On August 31, 2016, United States Bankruptcy Judge Robert A. Mark ruled that a bankruptcy trustee can pursue avoidance of property transfers that occurred nearly ten years before the debtor’s bankruptcy filing. The proceedings are…more

FDA to Redefine “Healthy;” Requests Public Comment and Issues New Guidance

FDA hinted in May that it was planning to reconsider its longstanding and controversial criteria for using the term “healthy.” Today, it announced the beginning of the formal process to make changes to the definition of the term. The…more

Amgen’s Humira Biosimilar Becomes the Fourth FDA Approved Biosimilar

On Friday, September 23, the FDA approved its fourth biosimilar, Amgen’s biosimilar version of AbbVie’s Humira®. Amgen’s biosimilar, Amjevita®, has been approved for treatment of rheumatoid arthritis, juvenile idiopathic arthritis…more

CMS to Scrutinize Hospice Election Statements, Physician Certifications

As a result of an Office of Inspector General (OIG) report released in September 2016, hospice providers can expect increased survey focus on the content of their hospice election forms and on physician certifications of terminal…more

Illinois Supreme Court Strikes Down Law Allowing for Six Person Juries

On September 22, 2016, the Illinois Supreme Court in Kakos v. Butler, 2016 IL 120377, struck down Public Act 98-1132 (the “Act”), which limited the size of a civil jury to six persons and increased the amount paid per day to jurors…more

IRS Proposes Regulations That Would Increase Wealth Transfer Taxes in Family-Controlled Entities

The Internal Revenue Service (IRS) proposed regulations on August 2, 2016, under which transfers to family members of interests in family-controlled entities — including partnerships, limited liability companies (LLCs) and corporations…more

New Seattle Ordinance Restricts Scheduling Practices

Many of us are familiar with the lyrics of Dolly Parton: “Workin’ 9 to 5, what a way to make a livin’…” A predictable work schedule, however, is not so universal in the retail and food services businesses. For many employers in these…more

The European Digital Single Market Strategy and Related Copyright Law Implications: The Status Quo

The internet and digital technologies are indispensable for individuals and businesses across Europe and globally. It is estimated that by eliminating major barriers and fragmentations within the European digital market, an additional…more

UK Financial Policy Committee Maintains Countercyclical Buffer Rate

The Financial Policy Committee of the Bank of England released a statement following its meeting on September 20, 2016…more

Gavel to Gavel: The insolvency dilemma for directors

In light of a recent swell of bankruptcies in Oklahoma and surrounding areas – predominantly triggered by the turbulent energy market – directors should fortify their understanding of fiduciary duties owed to companies in times of…more

Nasi joins Texas and West Virginia attorney generals at TPPF event about Clean Power Plan

Mike Nasi, partner in our Austin office, joined Texas Attorney General Ken Paxton and West Virginia Attorney General Patrick Morrissey at a Texas Public Policy Foundation (TPPF) event to discuss the Clean Power Plan rules in advance of…more

Recurring Issues in Accounting for Litigation Contingencies

Certain questions seem to recur when it comes to outside counsel’s communications with a company’s auditors about potential exposures as a result of litigation or regulatory/enforcement matters and the underlying accounting for such…more

It was Error Not to Consider Secondary Considerations, But They Wouldn’t Have Made a Difference

In ClassCo, Inc. v. Apple, Inc., [2015-1853] (September 22, 2016), the Federal Circuit affirmed a PTAB decision affirming an Examiner’s rejection of claims to a call-screening system that verbally announces a caller’s identity…more

Court Holds that Predictive Coding Does Not Change Discovery Standard (Federal Circuit)

Dynamo Holdings Ltd. P’ship v. Comm’r of Internal Revenue, No. 2685-11, 8393-12, 2016 WL 4204067 (T.C. July 13, 2016) - In this tax case, the respondent sought a motion to compel the petitioners to provide documents responsive to…more

Exclusion for Qualified Small Business Stock

The Protecting Americans from Tax Hikes Act, passed in December 2015, extended an often overlooked provision of the tax code with the potential to provide significant savings to small business owners and non-corporate investors…more

EU Legislation on Indices and Recognized Exchanges under the Capital Requirements Regulation

Implementing Technical Standards listing the main indices and recognized exchanges for the use of eligible collateral in accordance with the Capital Requirements Regulation was published in the Official Journal of the European Union…more

Craft Beer Trademarks (Part 2)

In Part 1 we noted the growth in the craft beer industry in Canada and the U.S., and how this has spawned some interesting trademark disputes. The case of Brooklyn Brewery Corp. v. Black Ops Brewing, Inc. (January 7, 2016) pitted…more

Sixth Circuit Eases Plaintiffs’ Burden for Standing in Data Breach Claims

Insurance companies are susceptible to the same sort of data breaches as suffered by many other businesses, such as the recently reported theft from Yahoo of the personal data in half a billion accounts. In a major decision that may…more

DOL Announces 2017 Minimum Wages For Federal Contractors

The U.S. Department of Labor announced last week that covered federal contractors and subcontractors will be required to pay workers an hourly minimum wage of $10.20 an hour beginning January 1, 2017. The minimum cash wage for tipped…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

Five Key Considerations for Drafting Warranty Terms in Engineering, Procurement and Construction (EPC) Agreements in Alternative Energy Projects

Owners and contractors frequently negotiate the warranty terms in their engineering, procurement, and construction (EPC) agreements for alternative energy projects. This article highlights five key issues that parties should consider…more

Global Tax News: Brazil amends lists of tax havens and tax privileged regimes, clarifies "substantial economic activity"

Earlier this month, Brazil’s Federal Revenue (RFB) released Normative Instruction RFB No. 1,658, which amended Normative Instruction RFB No. 1,037/2010 to..…more

Manatt on Health Reform: Weekly Highlights - September 2016 #4

Marylanders can shop for coverage through the Marketplace’s new mobile app; Michigan expansion enrollees report increased access to care and improved health; and survey finds states’ eligibility and enrollment systems performed well…more

News from AGG's Retail industry Team - Fall Edition

Pop-Up Retail Shops: Considerations to Keep You Ahead of the Latest Trend Traditionally, pop-up shops have largely been utilized by seasonal retailers. Many consumers have go-to stores for Halloween costumes or Christmas…more

PTAB Life Sciences Report - September 2016 #2

About the PTAB Life Sciences Report: Each week we will report on recent developments at the PTAB involving life sciences patents. Medtronic Xomed, Inc. v. Neurovision Medical Products, Inc. - PTAB Petition: IPR2016-01847;…more

Objectors: The Defense Lawyer’s Friend

I’ve been busy this week with a number of things, but a few of them, including the upcoming amendments to Rule 23 and prepping for a Strafford webinar on Thursday, have me thinking about the proper role of objectors again. I think…more

Global Tax News: Hard times in the oil patch: tax implications for investors in the era of price fluctuations

The current decline in oil prices, which continues to show no signs of a long-term reversal, is having a great many unexpected and unwanted consequences, many of which may turn into long-lasting troubles for the oil and gas industry -…more

First Ever SEC Fintech Forum

On September 27th, 2016, the SEC announced it will host a public forum to discuss financial technology (Fintech) innovation in the financial services industry. The press release notes that the forum is designed to foster greater…more

Litigating California Wage & Hour and Labor Code Class Actions

Introduction and Overview - Since the turn of the century, there has been a huge increase in the number of class action lawsuits alleging violations of California’s overtime laws or other Labor Code statutes and wage and hour…more

Not So Gentle Reminder - EEO-1 Reports are due on September 30

Sorry folks but unlike last year, when the Equal Employment Opportunity Commission (EEOC) extended the September 30 deadline for a month, those required to file in 2016 have no such luck. The deadline remains September 30…more

Keep Calm And Carry On: Part 2

The December 1 effective date for the increased dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions is now only a little more than two months away. In addition to…more

After United States v McDonnell: Can It Still be a Crime For A Politician to Try to Improve the Economy?

Professor Alain E. Kaloyeros, a physicist, was charged in a criminal complaint with Wire Fraud Conspiracy for his role in soliciting billions of dollars of Investment in New York State. The others charged with him were charged with…more

Privacy Rules Surrounding Student Mental Health

September can bring about lots of changes, especially for college students. The National Alliance on Mental Illness (NAMI) released a guide for departing college students and their families on mental illness, including navigating…more

British Columbia increases minimum wage September 15, 2016

On May 4, 2016 the government of British Columbia announced its intention to raise minimum wage in the province.  Implemented over two years, this change will see minimum wage increase to an estimated $11.25 by September 2017…more

Alabama Court of Civil Appeals Reverses Summary Judgment Granted in Favor of Mortgage Servicer Based on Res Judicata Defense

In Sims v. JPMC Specialty Mortgage, LLC, No. 2150437, a borrower had been involved in two previous lawsuits arising out of a mortgage servicer’s foreclosure upon the borrower’s property. The servicer obtained summary judgment in the…more

CFPB and California DBO Settle with Online Lender Over Alleged Misrepresentations

On September 27, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with an online lender, after a joint investigation with the California Department of Business Oversight (DBO), over…more

Medicare Providers - Beware! CMPs are Increasing

On September 6, 2016, the Department of Health and Human Services published an interim final rule which became effective immediately. The new regulation adjusts for inflation the maximum civil monetary penalty (CMP) amounts for all…more

FTC Wins Health Benefit-Related Deceptive Advertising Lawsuit

The Federal Trade Commission (“FTC”) recently prevailed in a deceptive advertising lawsuit against COORGA Nutraceuticals Corporation (“COORGA”) and its principal. The judgment provides for, among other things, a monetary penalty of…more

Hoping to Avoid Website Crash, FCC Urges EAS Participants to Stagger Filings

The FCC has sent an email to those registered in the EAS Test Reporting System (“ETRS”) for tomorrow’s nationwide test, asking them to (1) stagger the filing of their EAS Form Two based on their time zone, and (2) not file Form Three…more

Florida Federal District Court Dismisses Plaintiff’s Qui Tam Action Against Hospice Providers

On September 22, 2016, the United States District Court for the Middle District of Florida granted defendant hospice providers’ motions to dismiss plaintiff-relator’s claims under the False Claims Act, Florida’s False Claims Act, and…more

How the DOL’s Impartial Conduct Standard Affects Exemptions Used by Financial Services Companies

In conjunction with its issuance in April 2016 of a new regulation redefining the concept of “investment advice” for purposes of fiduciary status under ERISA and Section 4975 of the Code, the Department of Labor amended a number of…more

Naval Air Station Successfully Tests Flight With 100 Percent Advanced Biofuel

On September 16, 2016, the U.S. Navy announced the successful flight test of the EA-18G "Green Growler" plane on 100 percent advanced biofuel. Lt. Cmdr. Bradley Fairfax, project officer and test pilot, stated that "The information…more

Trademarks in Telemark: Five Brands and Other Things to Look For at PTMG in Oslo

I am excited to be traveling to Norway next week to attend my first conference of the Pharmaceutical Trade Marks Group in Oslo. Not having been to PTMG before, I can’t offer much insight on the conference, but since I lived in Oslo…more

Montgomery County, Maryland’s Paid Sick Leave Law to Take Effect October 1

Effective October 1, 2016, employers in Montgomery County, Maryland will be required to comply with the county’s new Earned Sick and Safe Leave Law, which allows eligible employees to accrue up to 56 hours of paid leave per calendar…more

The serious security vulnerabilities of mobile devices

If you have wondered about security threats to your mobile device, a recent report of the National Institute of Standards and Technology may answer some of your questions — and increase your fears. The report, “Assessing Threats…more

FCA Says Big Data Use by Insurers Generally Working Fine—Data Protection Concerns Flagged

The UK’s financial services regulator, the Financial Conduct Authority (FCA), has recently published summaries of the responses it received to a Call for Inputs (CfI) on the use of big data in the retail general insurance (GI) sector…more

A New “Global Forum” to Address Global Steel Overcapacity

Earlier this month, leaders at the G-20 Summit in Hangzhou, China announced the need for a “collective response” to the problem of global steel overcapacity. To that end, the G-20 members agreed to the creation of a Global Forum to…more

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