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Have the Millennials Figured it Out?

“Technologically savvy … consistent high quality work output … innovate … fresh perspective … incorporating new technology into our work processes … simplifying our approach … constantly evaluating our approach to projects and…more

"Recent Bills to Amend Dodd-Frank Preview Coming Attractions in Post-Election Congress"

Recently introduced legislation suggests that Republicans and Democrats in post-election Congress will be looking in very different directions on how to amend the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank)…more

Republicans, and Democrats, and Tax Policy! Oh My!

Every four years on the first day of each major political party’s convention, they adopt a broad-based platform setting forth the positions of the party at large. While not held up as hard and fast rules, the procedures through which…more

Automotive Industry Organization Releases Recommended Cybersecurity Best Practices

Auto-ISAC is not alone in its efforts to address potential cybersecurity risks imposed by connected vehicles. As we have previously discussed, in 2015 legislators introduced the SPY Car Act, which requires automakers to meet certain…more

Prevailing Parties in Land Use Litigation May Recover Attorney’s Fees for Preparation of Administrative Record

On July 28, 2016, in a case of first impression, the Court of Appeal for the Sixth Appellate District held that labor costs for attorneys and paralegals to prepare the administrative record in a land use case are recoverable as…more

Court rules unauthorized absence justifies firing

The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he suffered a…more

Are Compliance Officers at Financial Institutions Now in the Hot Seat for Fines?

Otherwise reputable Financial Institutions continue being sanctioned for regulatory non-compliance. Well known “household” names continue receiving fines for failing to establish and implement adequate Anti-Money Laundering (AML)…more

CFPB Outline of Debt Collection Proposals

On July 28th, the Consumer Financial Protection Bureau (CFPB) released a 71 page “outline” of proposals under consideration for its debt collector and debt buyer rulemaking. The outline was released in conjunction with the agency’s…more

FDA Approves Medtronic Prestige LP Cervical Disc for 2-Level Use

The FDA recently approved the Medtronic Prestige LP Cervical System for treating degenerative disc disease at two adjacent vertebral levels (between C3 and C7). The device is said to be Medtronic’s third clinically-proven cervical…more

Helping Families in Mental Health Crisis Act, Ready for House Floor Consideration

After months of delays, on June 15, the House Energy and Commerce Committee passed H.R. 2646, the Helping Families in Mental Health Crisis Act, by a vote of 53 to 0. Representative Tim Murphy (R-PA) originally introduced the…more

What Does FinCEN’s Proposed AML Rule Really Mean For Registered Investment Advisers?

Federal regulators are on the brink of finalizing proposed anti-money laundering (“AML”) regulations for Securities and Exchange Commission (“SEC”)-registered investment advisers (and those investment advisers required to register with…more

Two Multi-Million Dollar HIPAA Settlements Emphasize Importance of a Comprehensive Security Program

The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced two settlements of more than $2 million each with respect to alleged violations of the Health Insurance Portability and Accountability Act of…more

Increased Penalties for Immigration Violations Go Into Effect August 1,2016

August 1, 2016, marks the date that increased penalties for various immigration-related violations go into effect. The increases are the result of separate rules recently published by the Department of Labor, Department of Homeland…more

Ninth Circuit Rejects Application of CERCLA to Aerial Emissions

In the long-running saga of efforts by the State of Washington and the Confederated Tribes of the Colville Reservation to attach CERCLA liability to a smelter in British Columbia, the smelter owner, Teck Industries, won a significant…more

NLRB Makes It Easier for Employers with Temp Workers to Become Unionized

On July 11, 2016, the National Labor Relations Board (“Board”) reversed decade old precedent requiring consent from the host employer and a staffing agency before a union election that includes temporary employees could take place…more

NLRB Requires Specificity in Management-Rights Clauses

When drafting a collective bargaining agreement, employers often insist on a management-rights clause. That clause reserves to the employer the right to take unilateral action, with respect to certain terms and conditions of…more

The SEC Audit Trail – Several Industry Groups See Problems as Currently Proposed

Last week, several securities industry groups filed critical responses to the SEC’s plan for an audit trail. While most groups that commented on the SEC’s proposed regulation supported implementing the proposal, several had concerns…more

CFPB Issues Long-Awaited Proposals for Regulation of the Debt Collection Industry

Today, the Consumer Financial Protection Bureau ("CFPB" or "Bureau"), issued its outline of proposals under consideration for the regulation of debt collection. More than three years in the making, the CFPB's proposals will subject…more

Consumer Financial Protection Bureau Announces Proposal to Overhaul the Debt Collection Market at Hearing in California

On July 28, 2016, the Consumer Financial Protection Bureau (“CFPB”) and Director Richard Cordray announced at a field hearing in Sacramento, California the CFPB’s proposals to overhaul the $13.7 billion dollar debt collection market…more

The Ninth Circuit Holds That Subsequent Debt Collectors Must Send FDCPA Validation-of-Debt Notices

The Ninth Circuit recently construed the Fair Debt Collection Practices Act (“FDCPA”) provision that requires a debt collector to send a validation-of-debt notice within five days of “the initial communication” with a consumer…more

Veterans Returning to Work After Military Service May Not Be Discharged Except “For Cause”

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, imposes various obligations on employers with respect to members of the U.S. military returning to their civilian workplace…more

Massachusetts Adds Teeth to Equal Pay Obligations

On July 23, 2016, the Massachusetts Legislature passed the Act to Establish Pay Equity (the “Act”). The stated purpose of the Act is to increase wage transparency and bridge the gender gap with regard to wages. Governor Baker stated…more

What Does Mayor Barry’s New Affordable Housing Initiative Mean For You?

Nashville Mayor Megan Barry recently proposed a new incentive program for developers to offer affordable and workforce housing within existing and new construction.  The proposal may provide significant economic benefits to some…more

All Foreign Takeovers of UK Companies to be Reviewed Following Brexit?

Recent statements by Theresa May and her staff uncover the first potential significant change to UK competition law as a result of Brexit. A Downing Street spokesperson has indicated that all “foreign takeovers” of UK companies should…more

Industry Dodges A Superfund Liability Expanding Bullet

The warm summer breeze you felt on July 27th may have been caused by the collective sigh of relief from the nation’s manufacturers and mining companies over the Ninth Circuit’s holding that Teck Cominco (a mining company) was not…more

Alternate valuation date Flexible postmortem planning a plus when markets are volatile

Many people may assume that filing a federal estate tax return is pretty cut-and-dried. The executor or professional representative completes the return, pays the requisite amount of tax, if any, and that’s the end of the matter…more

Second Quarter of 2016: Three-Year Low in Senior Housing Transactions

The drop in senior housing transactions so far in 2016 represents a significant decrease compared to the total number of transactions in 2015 and the lowest number of transactions since 2013. Specifically, according to recent data from…more

Privacy Tip #45 – Evaluate the data security of your dream car before you buy it: Tesla is on top for data security right now

We have previously reported on hackings of automobiles. Not only can hackings obtain information about your driving habits, your GPS usage and location, the use of your cell phone, access to your contacts, and other information, but it…more

Supreme Court of Canada Holds Private Federal Employers Must Have Just Cause to Dismiss Non-Managerial Employees

Part III of the Canada Labour Code (the “Code”) contains unjust dismissal provisions that apply to private Canadian employers subject to federal jurisdiction. Where a complaint of unjust dismissal is filed by a dismissed employee and…more

Why is On-boarding and Off-boarding Bank Clients Important?

After the Panama Papers, and with the recent FinCEN final Customer Due Diligence (CDD) rule, U.S. financial institutions are further focused on tightening internal controls against money laundering, terrorist financing, sanctions…more

USFWS Publishes Final Methodology for Prioritizing Listing Petition Status Reviews

On July 27, 2016, the U.S. Fish and Wildlife Service (“USFWS”) published a Federal Register notice of its final Methodology for Prioritizing Status Reviews and Accompanying 12-Month Findings on Petitions for Listing Species under the…more

Pregnancy Protections Under NYC Law – Not Limited to Just “Pregnancy”

As most NYC employers have probably heard by now, in May of this year, New York City released guidance that defines violations of pregnancy protections under the NYC Human Rights Law, and provides clear(er) examples of when and how…more

Secondary Sanctions Can Prove Tricky for Both U.S. and Non-U.S. Companies - Export Compliance Matters

What are secondary sanctions? Secondary sanctions apply to non-U.S. persons for wholly non-U.S. conduct that occurs entirely outside U.S. jurisdiction. Compare this to primary sanctions, which prohibit U.S. persons from engaging…more

TV Broadcasters Filing Royalty Claims Will Need to Hustle

TV broadcasters know that every July 31st, they need to file with the Copyright Royalty Board (CRB) to claim a share of the royalty fund for out-of-market carriage of their programming by cable and satellite TV systems. The details…more

Comments on 2011 Proposed SNURs Prompt Proposal Regarding Hierarchy of Controls

On July 28, 2016, the U.S. Environmental Protection Agency (EPA) proposed changes to the existing regulations governing significant new uses of chemical substances under the Toxic Substances Control Act (TSCA) to align these…more

New York Extends Statute of Limitations for Personal Injury Damages Caused by Contamination from Superfund Sites

On July 21, 2016, New York Governor Cuomo signed into law New York State Assembly Bill No. A09568, which amends the statute of limitations for filing actions to recover damages for personal injury caused by contamination from…more

Tax Court Provides Extra Time for Snow Day

On June 2, 2016, the United States Tax Court issued Guralnik v. Commissioner denying a Motion to Dismiss for Lack of Jurisdiction the Internal Revenue Service (IRS) filed on the ground that the taxpayer’s petition was not timely…more

Resolution Of Laches Defense Is Left For Trial

Stark, C. J. Defendants’ objections to the magistrate’s report and recommendation are overruled. The magistrate earlier recommended finding that defendants’ motion for summary judgment of laches be denied…more

Mexico: New Maternity Leave Regulations

The Mexican Social Security Institute (“Instituto Mexicano del Seguro Social,” hereinafter “IMSS”) recently published Circular 10/16 to announce new regulations for the issuance of maternity leave certificates.  These regulations…more

Trademark Assignability Laid Bare

Crazy Horse was a legendary Native American chief of the Oglala Lakota tribe who lived during the second half of the 1800s. Unfortunately today, his name may be more familiar as a brand for various products, such as motorcycle gear…more

9th Circuit: Online Poker Accounts Not Reportable on FBAR

On July 21, 2016, the Ninth Circuit in United States v. Hom, No. 14-16214 D.C. No. 3:13-cv-03721-WHA (9th Cir. 2016), determined that a taxpayer who held an online poker account with PokerStars and PartyPoker was not required to report…more

Environmental and climate change laws – divergence or more of the same?

The United Kingdom’s referendum vote to leave the European Union on 23 June 2016 has raised questions about the future direction of environmental and climate change policies in the UK. In the near term it is business as usual. The…more

The Real Value of Lawyers to Compliance

The legal profession is transforming itself, especially in the area of compliance. Lawyers are an invaluable part of a compliance program. They provide important perspective and understanding of risk, they help a company to assess and…more

Motions To Dismiss For Failure To State A Claim Are Granted In Part And Denied In Part

Thynge, C. M. J. Report and recommendation recommending that defendants’ motion to dismiss for failure to state a claim be granted in part and dismissed in part. The disputed technology relates to methods of fabricating silicon…more

Brexit: Intellectual property issues for consideration

Here we set out three key issues which we think should be kept in mind when considering IP filing and litigation strategy going forward. Dentons will continue to monitor the situation and will keep you updated with any developments and…more

Changes to Compensation Rules for Tax-Exempt Entities

?Special rules apply to compensation arrangements of tax-exempt entities. If the arrangement does not comply with the rules, then the amount of compensation subject to the arrangement is taxed to the employee as soon as it is vested…more

California’s No Aid Clause and Religious Endorsement: Davies v. County of Los Angeles

On April 6, 2016, several local religious leaders and scholars obtained a permanent injunction against the County of Los Angeles, which had approved a measure in 2014 altering the official County Seal to include a Christian cross…more

Pokemon GO or Pokemon No?

Unless you’ve been living under a Geodude this past month, you’ve no doubt been exposed (either willingly or unwillingly) to some part of the current social media/mobile gaming sensation, Pokemon GO. Niantic’s new “catch ’em all”…more

SBA Releases Long Anticipated Final Rule Establishing Governmentwide Mentor-Protégé Program for All Small Business Concerns

On July 25, 2016, SBA published the eagerly anticipated Final Rule establishing a governmentwide mentor-protégé program for all small business concerns. While there are a few departures from the details outlined in the Proposed Rule…more

CFPB Outlines Long-Awaited Debt Collection Reforms

The Consumer Financial Protection Bureau (CFPB) released on July 28 new proposals designed to "overhaul" the practices of the debt collection industry. The proposals include sweeping changes to existing regulations, including a cap on…more

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When you partner with Freehills Patent Attorneys, you gain access to Australia’s most experienced patent attorneys, and some of the finest legal minds in your industry. Boutique-style patent…

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