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Comparison of Clinton and Trump Tax Proposals

As the 2016 Presidential Election approaches the Democratic and Republican candidates and their staff are busy refining and promoting their respective economic and tax reform proposals. While neither candidate is proposing a real…more

Bridging the Week - September 2016 #3

Advantage Futures LLC, Joseph Guinan, its majority owner and chief executive officer, and William Steele, who until May 2016 was Advantage’s chief risk officer, settled charges brought by the Commodity Futures Trading Commission…more

EEOC to Collect Summary Pay Data

First Collection Will Be in March 2018 - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today announced that starting March 2018, it will collect summary employee pay data from certain employers. The new data…more

NLRB Reaffirms Alan Ritchey Doctrine with New Make-Whole Twist

Seyfarth Synopsis: The Board reaffirmed, prospectively, the Alan Ritchey doctrine requiring employers to bargain over discretionary discipline issued to newly organized employees pre-first contract and mandated prospective make-whole…more

ADOR Proposes Substantial Rule Change For Partnerships

The ADOR has proposed a number of amendments to its rule governing the filing of partnership tax returns, Form 65. The new rule, as proposed, inserts language conforming with Alabama’s recently enacted “factor presence nexus” statute…more

Function Claim Language Shows That Claims are Directed to Abstract Idea, Not a Concrete Technical Innovation

In Affinity Labs of Texas v. Amazon.com, Inc., [2015-2080] (September 23, 2016) the Federal Circuit affirmed judgment on the pleadings that U.S. Patent No. 8,688,085 on a System and Method to Communicate Targeted Information was…more

Bankruptcy Procedure in the Context of Turnover and Preference Law

In the course of collections activities, a creditor can become singularly focused on aggressively pursuing enforcement of a debt by levying against the debtor’s property or by demanding and receiving payment from the debtor. However…more

California Targets Surprise Medical Bills, Follows on the Heels of New York and Florida

Governor Brown approved a new law last Friday that limits patient exposure to so-called surprise medical bills. AB 72 caps the cost-sharing obligations of patients who unexpectedly receive care from non-contracted providers during or…more

U.S. Senators Want Answers: Yahoo’s Unacceptable Delay In Data Breach Announcement

The aftermath of Yahoo’s data breach has raised a number of questions from customers, law enforcement, and most recently six U.S. Senators. Yesterday, Senators Patrick Leahy, Al Franken, Elizabeth Warren, Richard Blumenthal, Ron…more

New Delaware Unclaimed Property Decision Further Complicates Landscape

Another federal judge slams Delaware’s unclaimed property audit methodology but rejects the holder’s reliance on the priority rules as a defense to the audit demands. See Marathon Petroleum Corp. et al. v. Cook et al., No…more

Ledcor: Taming Sattva’s Wild Horse of Contractual Interpretation for Standard Form Contracts

The Supreme Court of Canada’s unanimous decision of Sattva v. Capital Corp. v. Creston Moly Corp., 2014 SCC 53 opened the barn door and let loose a wild horse in terms of the scope and the availability of the use of the surrounding…more

Restitution Claims Resolved in New York and Cologne, New Case Filed Against Germany

Word came this week of two resolutions of claims to Nazi-looted art in museums in New York and Cologne, and a new Nazi-looted claim against Germany filed in Washington. Barely a month after the Neue Galerie (of Austrian and German…more

International Comity is Alive and Well: Second Circuit Defers to China’s Interpretation of Its Own Laws in Vacating Multimillion-Dollar Antitrust Judgment

Last week, the Second Circuit affirmed that U.S. courts should, and indeed must, defer to a foreign government’s interpretation of its own laws. That should hardly be a controversial proposition, but up until now, lower courts have…more

FERC Seeks Comment On Potential Modifications To Its Market Power Analyses

On September 22, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comment on whether and, if so, how FERC might modify or enhance its methods for identifying and assessing market power in…more

Summary Judgment Horror Story For Stephen King’s Literary Agent

While many breach of contract cases are resolved by motions to dismiss or summary judgment, a recent decision from the Appellate Division, First Department, Kramer v. Greene, (1st Dep’t Aug. 11, 2016), has shown that when it comes to…more

Legislation To Delay Overtime Rule Passed By The House Of Representatives

The U.S. House of Representatives yesterday voted 246 to 177, largely along party lines, in favor of legislation which would delay the rule’s effective date by six months, from December 1, 2016, to June 1, 2017. Prior to the…more

Substance over form? Defining the modern employment relationship

The British Columbia Supreme Court recently applied the “modern approach” to determining whether an employment relationship exists at law in TCF Ventures Corp. v The Cambie Malone’s Corporation, 2016 BCSC 1521…more

House Passes Bill to Delay Effective Date of Overtime Rule Change

The House of Representatives has passed a bill to delay the effective date of the new overtime rule by six months (from December 1, 2016 to June 1, 2017)…more

Fifth District Appellate Court Reverses Defense Verdict, Remands for New Trial on Issue of Damages

Larry Claro v. Shirley Ann DeLong, 2016 IL App (5th) 150557 (August 31, 2016). The Fifth District Appellate Court recently reversed a St. Clair County jury verdict in favor of the defendant and remanded the case to the trial court…more

California Prevailing Wage Law Expanded to Cover Private Projects

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial purpose…more

EU Legislation Amending Indicators used in the Methodology for the Identification of Global Systemically Important Institutions

A Commission Delegated Regulation amending the Regulatory Technical Standards specifying the methodology for the identification by national regulators of global systemically important institutions and the definition of subcategories of…more

The Fed Revisits CCAR and Proposes CCAR Relief for Large Noncomplex Firms

One of the notable financial regulatory tools that resulted from the post-financial crisis prudential regulations is stress testing. The Board of Governors of the Federal Reserve System (the “Federal Reserve”) has the authority to…more

Oktoberfest Musings

Fall is very nearly upon us, and it is even starting to feel a little bit like it here in our nation’s capital. Advertising is underway for local Oktoberfest celebrations, promising good German beer, music, (and, of course, dirndls and…more

Asia Pacific Restructuring & Insolvency Guide: Hong Kong

This is the Hong Kong chapter of the second edition of the White & Case Asia Pacific Restructuring and Insolvency Guide... ..Introduction - On 1 July 1997, Hong Kong became a Special Administrative Region of the People’s…more

Spoiler Alert: LA Hotel Ordinance Is Here to Stay

There’s a new twist in the ongoing soap-opera like saga surrounding the Los Angeles Citywide Hotel Worker Minimum Wage Ordinance.  The Hotel Associations that opposed the Ordinance have now dropped their two-year law suit to stop it…more

EEOC Sues Physicians Management Groups For Disability Discrimination

Doctor's Contract Terminated for Taking Prescribed Medications, Federal Agency Charged - ATLANTA - Two Atlanta physicians groups, Georgia Hospitalists Group, LLC and ApolloMD Business Services, LLC, violated federal law by firing…more

“Rather Broad” Discovery Request Is Nonetheless Proportional to Case

First Niagara Risk Mgmt., Inc. v. Folino, No. 16-1779 (E.D. Pa. Aug. 11, 2016). The court concluded that the plaintiff’s requested scope of discovery from the defendant’s electronic devices, while “rather broad,” was “proportional…more

Lease-Leaseback Legislation Signed Into Law

California School District Construction Projects Will be Impacted - The lease-leaseback construction delivery method for K-12 school facilities projects changed under a new law signed Friday by Gov. Jerry Brown. Previously…more

Corporate and Financial Weekly Digest - Volume XI, Issue 37

CFTC To Host Roundtable on Recent CPMI-IOSCO Guidance - The Commodity Futures Trading Commission will host a roundtable on October 6 to gather feedback in relation to a report on central counterparty resilience and recovery…more

DOER’s Solar Incentive Straw Proposal: Optimism, Anxiety, Uncertainty.

On September 23, DOER presented a straw proposal for the next phase of Massachusetts solar incentives. DOER’s ambitious proposal for a tariff-based program reflects a thoughtful development process and a laudable goal of crafting a…more

Government of Canada Approves Pacific NorthWest LNG Project

On September 27, 2016, the Government of Canada approved the Pacific NorthWest LNG natural gas liquefaction and export facility, sending a strong signal that it is committed to growing Canada's role as a global energy supplier…more

Brexit: The key issues for business

The UK vote to leave the European Union in June was just the first step in a process that is likely to be unparalleled in scale and complexity. Several months after the event, it is difficult to predict exactly how or when the exit…more

New Jersey Senate Approves Legislation Extending Unemployment Benefits to Striking Workers

Under current New Jersey law, most individuals who are unemployed due to a stoppage of work are disqualified from unemployment benefits. While the New Jersey Supreme Court held that strikers are entitled to unemployment benefits as…more

Physician Alert: CA Balance Billing Legislation Signed Into Law

California Governor Jerry Brown has signed into law a bill that is meant to address the issue of balance billing patients when they receive non-emergency medical services from an out-of-network physician at an in-network facility. The…more

Global Tax News: Brazil opens consultation on how MAP provisions apply to DTT agreements

Brazil’s Federal Revenue (RFB) has opened a public consultation aimed at regulating how mutual agreement procedure (MAP) provisions apply to conventions and international agreements created to avoid double taxation…more

Update on the Employment Application Process and Background Checks

Now that Massachusetts has barred its employers’ from asking job applicants about salary information, and Connecticut has joined the “Ban the Box” trend (prohibiting employers from asking applicants about arrests and convictions in an…more

September 2016: Cyber Security & Data Protection Update

Ransomware: Extortion for the Digital Age. As 2015 drew to a close, security analysts predicted that 2016 would be “the year of ransomware.” Ransomware is not a new concept. Early versions appeared in 1989 and the first modern…more

CMS Finalizes Major Changes to Medicare/Medicaid Requirements for Long-Term Care Facilities

On September 28, 2016, the Centers for Medicare & Medicaid Services (CMS) released a highly-anticipated final rule to strengthen requirements that long-term care (LTC) facilities must meet to participate in the Medicare and Medicaid…more

TechConnect - Your Law Firm Link to Industry News - September 2016

Letter from the Editors - Dear Readers, The world of raising capital for emerging companies has experienced a revolution. Prior to the enactment of the JOBS Act in 2012, raising capital for private companies was limited to…more

New Economy Businesses Need New Insurance: Can the Insurance Industry Keep Up?

The sharing economy and new technology innovations have disrupted the traditional underwriting and risk assessment models…more

Onward Transfer Grace Period Ends September 30

The EU-US Privacy Shield became operational on August 1, 2016; a nine-month grace period for compliance with the onward transfer requirements applies for organizations that sign up to the Privacy Shield prior to October 1, 2016…more

“Human Intervention” in Calling System Dooms Plaintiff’s TCPA Claim

Another Florida district court, another favorable ruling for companies facing TCPA lawsuits. In Pozo v. Stellar Recovery Collection Agency, Inc., U.S. Magistrate Judge Anthony E. Porcelli granted summary judgment for defendant Stellar…more

CMS Call on New Medicare/Medicaid Emergency Preparedness Requirements (Oct. 5)

On October 5, 2016, CMS is hosting a call to discuss its September 16, 2016 final rule establishing emergency preparedness requirements for Medicare- and Medicaid-participating providers and suppliers to ensure that they can meet the…more

U.K. now requires supply chain transparency on human trafficking risks

In Part I of our two-part series, we discussed the worldwide issue of modern-day slavery and the California response. In this second part, we discuss the latest response in the United Kingdom. The United Kingdom Modern Slavery…more

Managing the Transition to Transformation: Quality and Payment Reform: Who Is Asking for What and Why?

McDermott’s Managing the Transition to Transformation series is designed to help health systems and other health care industry leaders address the many challenges presented by the transformation in payment and care delivery models…more

New DOL fiduciary rule and swaps - ISDA update

The Department of Labor’s final revised fiduciary regulation will become applicable on April 10, 2017. Those affected by the revised regulation will include banks and other financial institutions that negotiate investment transactions…more

Labor Department Issues Final Rule Implementing Executive Order on Government Contractor Paid Sick Leave

The U.S. Department of Labor has released final regulations implementing President Barack Obama’s Executive Order 13706, requiring up to seven days of paid sick leave for workers on federal contracts…more

Is Your Business Prepared for the Ransomware Epidemic?

Earlier this month, the Federal Trade Commission (FTC) kicked off its fall technology series with a workshop on the growing threat of ransomware. Ransomware is an increasingly common and insidious form of malware that locks away data…more

It’s Time to Get Back to Basics: Keeping Your Workplace Free of Sexual Harassment

In an interview last month, the 2016 Republican presidential nominee stated that if his daughter were sexually harassed, he “would like to think she would find another career or find another company.” His son later stated that because…more

Avoiding Legal Pitfalls and Cultural Considerations When Conducting International Business in Asia

The Foreign Corrupt Practices Act - Detailed technical definitions and explanations of what constitutes corrupt practices are available. A simple explanation is that furnishing a foreign government official with anything of value…more

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Gerry Nowotny is a tax and estate planning attorney. Gerry is the managing partner of the Law Office of Gerald R. Nowotny. Gerry has a JD and LL.M in estate planning from the University of Miami…

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