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OCC Releases Dodd-Frank Stress Test Scenarios for 2016

On January 28, the Office of the Comptroller of the Currency (OCC) released economic and financial market scenarios that will be used in the upcoming stress tests for covered institutions with more than $10 billion in assets. The…more

Anti-corruption

Focus on the US - An active FCPA docket anticipated - When compared to prior years, 2015 was relatively quiet for Foreign Corrupt Practices Act (FCPA) enforcement actions in the US. Although the total number of enforcement…more

UK Regulator Extends the Senior Manager and Certification Regime

The Financial Conduct Authority published a Policy Statement and final rules on the application of the Senior Manager and Certification Regimes to wholesale market activities, such as algorithmic and high-frequency trading. The SM&CR…more

This Valentine's Day, Telling Your Employees "I Love You" Could Get You Sued

Of all the heartfelt gestures you can make this Valentine’s Day – sending roses, a box of chocolates, or even just a greeting card – perhaps nothing means more than simply saying “I love you.” But an employer who did just that, and…more

Campaigns Push on to New Hampshire

If you read one thing... - The field of candidates has narrowed following the conclusion of the Iowa caucuses; however, there is no clear front-runner for either party. - Republicans continue to spar over flat tax…more

Does an Adult Dog Bite Victim Need to Hire a Lawyer?

When we think of serious dog bites, we often think of children who are innocently mauled by a vicious dog. Children, however, are not the only victims of dog bite attacks. Regardless of age, if you or a loved one has been injured by an…more

Supreme Court Halts Clean Power Plan Implementation Pending Judicial Review

Taking what many are calling an unprecedented step, the Supreme Court yesterday, in a 5-4 “party line” vote, granted a stay of the Environmental Protection Agency’s (EPA) Clean Power Plan (CPP), halting the compliance requirements of…more

A Primer on Competition Investigations in Canada

The Competition Bureau just telephoned. They have started an "inquiry". Your company is about to receive a "section 11 Order". What's happening, and what's next?…more

Trends, Challenges, Tech: E-Discovery Enters a New Era

E-Discovery is no longer in its infancy. A decade has passed since the 2006 FRCP amendment that made ESI discoverable, and in that time legal teams have been working out how best to successfully accomplish this process. Now, simply…more

Questionable Retaliation Theory Gets Traction

Since our earliest postings, we have warned of a notion, prevalent among employee counsel, that an employer plan sponsor unlawfully retaliates against an employee by reducing her work hours in order to deprive her of ACA “full-time”…more

One Step Closer to a Federal Private Cause of Action for Trade Secret Misappropriation: The Defend Trade Secrets Act

On January 28, 2016, the Senate’s Committee on the Judiciary voted in favor of the Defend Trade Secrets Act (the “Act”), which would create a federal private cause of action for trade secret theft…more

Blog: Heath Provisions in President’s Budget Take Aim at Drug Prices and Opioid Abuse

Today, the President sent Congress the $4 trillion Fiscal Year 2017 Budget Proposal – his last while in office. While the Budget on the whole is dead on arrival in the Republican-controlled Congress, there are provisions worth noting…more

Worth Another Look: Schools that Teach

Standing by last year’s budget themes, Gov. Tom Wolf encouraged the state legislature today to fund “schools that teach.” Warning that failure to fully fund the state’s education system could result in teacher layoffs, crowded…more

Advance Conflict Waivers Ineffective Where Subsequent Events Giving Rise To Conflict Not Disclosed, Thus Precluding “Informed Consent” By Client

In Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc. (January 29, 2016 - No B256314), Division Four of the Second Appellate District rejected an advance waiver of conflicts included in a law firm’s standard…more

[Video]WORD OF THE DAY® – WKSI

WKSI or another way to say VIP? Partner Cathy Birkeland explains the term WKSI from the Book of Jargon® – US Corporate and Bank Finance. Latham & Watkins' innovative Book of Jargon® series demystifies legal and business jargon. The…more

Plaintiff Precluded from Offering Expert Testimony in Opposition to Summary Judgment where Plaintiff Failed to Timely Designate His Experts

In Perry v. Bakewell, (Filed 2/3/2016, No. B264027) the California Court of Appeal, Second District, held that Plaintiff’s expert witness declarations, filed in support of his opposition to defendant’s motion for summary judgment, were…more

Succession Planning Challenges – No Real Surprises Here

There is a well-deserved and surprising focus on succession planning within many law firms right now. The “well deserved” focus is justified because these firms are trying to bridge/balance the immediate needs and expectations of the…more

That’s the Way the Cookie Crumbles – Court Grants Motion for Summary Judgment in Favor of “Empire” TV Series

On February 1, 2016, U.S. District Judge Percy Anderson ruled that Twentieth Century Fox Television’s (“Fox’s”) use of the term “Empire” in the network’s hit TV series was protected by the First Amendment. Judge Anderson found that use…more

Was An Individual "Identified" In A Decision Notice?

The Upper Tribunal in Christian Bittar v The Financial Conduct Authority [2015] UKUT 602 (TCC), 10 November 2015 considered a claim by a former employee of Deutsche Bank (the Bank), Mr Bittar, who argued that he had been prejudicially…more

Understanding New Lithium Battery Transport Requirements & Emerging Developments as Safety Concerns Mount

Growing concerns over the safety of air shipments of lithium batteries have prompted international authorities, the U.S. Federal Aviation Administration (“FAA”), and Congress to take action. On January 19, 2016, the International Air…more

The Waltons vs. the Kardashians: Who Will Keep Their Money?

While attempting to keep up with the Kardashians, I have recently stumbled upon the latest flaw in their sought-after spending habits. It all began with some gold marble slabs that Kanye wanted for his new bathroom, and ultimately…more

Top Considerations When Building BYOD Policies

In a recent article, my Kroll Ontrack colleague Vikas Pall wrote about the growing concerns over bring your own device (BYOD) policies. Today’s employees integrate their personal and professional lives, and the use of personal devices…more

News from Second and State

Gov. Tom Wolf delivered his second annual budget address to a joint session of the General Assembly this morning, and it was full of bad news on top of more bad news. Instead of laying forth his ideas for moving Pennsylvania…more

TSX, TSXV Provide Guidance on New Rights Offering Regime

The Toronto Stock Exchange (TSX) and the TSX Venture Exchange (TSXV) issued guidance to issuers following the recent amendments relating to rights offerings adopted by the Canadian Securities Administrators (CSA) on December 8, 2015…more

Indiana Tax Court Affirms Reclassification of Wooded Land from Excess Residential to Agricultural

On January 29, 2016, the Indiana Tax Court in DeKalb County Assessor v. Chavez upheld the decision by the Indiana Board of Tax Review to reclassify 2.72 acres of land from excess residential to agricultural for the March 1, 2013…more

Annual Estate Planning Newsletter: Part Three

Action Item: This is the third installment of our Annual Estate Planning Letter, and covers some topics of interest not discussed in our previous installments. We urge you to review this installment to ensure that your 2016 estate and…more

Worth Another Look: Government that Works

As he did last year, Gov. Tom Wolf is proposing legislative and administrative initiatives for “government that works” which are centered on innovation and efficiency in government and health and safety for citizens. Innovation &…more

Annual CPNI Certifications Due March 1, 2016

It’s time again for carriers to submit the annual Customer Proprietary Network Information (CPNI) certification to the FCC. Telecommunications carriers and interconnected VoIP providers are required to certify annually their…more

Creativity and Controlled Risk: A Recipe for a Successful M&A Transaction

One prevailing theme in merger and/or acquisition (M&A) transactions is risk allocation. How much risk is either the buyer or seller willing to assume? And, separately, what level of risk must either party assume in order to get the…more

The California Air Resources Board Expands the Burden on Motor Carriers to Verify if Hired Fleets Comply with Air Quality Regulation

A broker, motor carrier, contractor, public agency, dispatcher, or developer (collectively “Operator”) that operates, or directs the operation, of any vehicle subject to the California Air Resources Board’s (“ARB”) California…more

5 SEO Hacks for Every Piece of Attorney Content

Any time attorneys put content on their website there is an opportunity to make it drive traffic. Here are 5 things lawyers can apply to every piece of content to make sure they are getting the most out it. Link Out to…more

Indiana Supreme Court Greenlights Commercial Courts Pilot Project

In January 2016, the Indiana Supreme Court unanimously approved the creation of a three-year commercial court pilot project in the state of Indiana, with a goal of providing faster case resolutions, more predictable outcomes and…more

Eligibility of Isolated Nucleic Acid: Australian and U.S. Standards

This is the second of a two-part series comparing Australian and U.S. law and will focus on patent eligibility of an isolated nucleic acid sequence. Are the patent eligibility standards for isolated nucleic acid molecules becoming…more

The PTAB Giveth, and the PTAB Taketh Away

The PTAB cancelled claims of a financing patent as lacking patentable subject matter in Westlake Services LLC v. Credit Acceptance Corp., CBM2014-00176 (PTAB January 25, 2016, Order) (McKone, APJ). Westlake is interesting because the…more

FDIC Highlights Marketplace Lending Risks for Bank Partners

The Federal Deposit Insurance Corporation's (FDIC) publication of an article highlighting the risks for banks that partner with marketplace lenders further underscores the focus of federal regulators on marketplace lending. Featured in…more

Ninth Circuit Affirms Denial of TCPA Class Due To “Significant Uncommon Questions” And Ascertainability Issues

Gannon v. Network Telephone Services, Inc., No. 13-56813 (9th Cir. Jan. 12, 2016) In a 3 paragraph unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the trial court’s denial of plaintiff’s motion to…more

The US Biosimilars Pathway: Key Questions

In 2015, FDA issued a number of final guidance documents for biosimilars. But many fundamental questions remain unsettled and the industry awaits FDA’s guidance on labeling of biosimilars, the requirements for interchangeability, and…more

New Gun Trusts Laws Take Effect July 13, 2016

Firearms such as short-barreled rifle or shotguns, silencers or suppressors, and machine guns (i.e., Title II firearms) are regulated by the federal government as to their purchase, transfer and manufacture…more

Second CMP Assessed for HIPAA Violations: Do You Know Where Your Data Is?

For only the second time in its history, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has imposed a civil money penalty (CMP) on a covered entity for allegedly violating the HIPAA Privacy Rule…more

Computer Fraud and Abuse Act Not Violated Unless Plaintiff Shows Defendant Had Intent To Defraud

In a recent Computer Fraud and Abuse Act case, the Seventh Circuit Court of Appeals affirmed the district court’s conclusion that the plaintiff had produced no evidence refuting the defendant’s contention that it honestly believed it…more

“We just raise them every year.”

Great article by Sara Randazzo in today’s Wall Street Journal, Legal Fees Cross New Mark: $1,500 an Hour. Set aside the wisdom of such rates when firms provide discounts on demand and realization rates average near 80%. What stands out…more

Bitcoin and the Changing Legal Landscape

If your business is contemplating doing something with digital currencies (meaning virtual currencies, like Bitcoin, Ripple, Ethereum, etc.), you need a plan. First, consider how and where your business will use digital currencies…more

Drone U: Drone Use on Campus and Developing an Effective Drone Policy

Drones on campus is a key issue facing universities and educational institutions today. As small unmanned aircraft systems (sUAS) increasingly make their appearance on campuses across the U.S., colleges and universities are struggling…more

SEC Approves FINRA Portal Rules, Forms for Crowdfunding Under Title III

The U.S. Securities and Exchange Commission (SEC) approved the Financial Industry Regulatory Authority, Inc.'s (FINRA) crowdfunding Portal Rules for companies that want to operate an intermediary “funding portal” pursuant to the…more

Obama Announces Commission on Enhancing National Cybersecurity

Yesterday, President Obama issued an Executive Order creating a Commission on Enhancing National Cybersecurity within the Department of Commerce. The commission “will make detailed recommendations to strengthen cybersecurity in both…more

Will Mirrorless Cars Help Prevent Car Accidents?

Recently, Las Vegas, Nevada was host to the Consumer Electronics Show (CES) which is one of the most anticipated technology events annually. This year, a concept car designed by BMW is the star of the show. This innovative concept…more

Middle District of Florida Holds Arbitrability of TCPA Claims Question for Arbitrator

Harrington v. Regions Bank, No. 2:15-cv-522-Ftm-29MRM (M.D. Fla. Jan. 29, 2016) - Before the Court was Defendant’s Motion to Compel Arbitration and Stay Proceedings. Plaintiffs opposed the Motion, contending that their TCPA claims…more

Alert: Gas Station Owners: State to Pursue Claims of MTBE Contamination

Over a decade ago, Connecticut, like much of the country, had concerns over groundwater contamination from gasoline containing the additive MTBE. Although much of the country had let the issue of MTBE contamination fall by the…more

One Last Time: President Seeks Huge Increase to WHD Budget, Investigators

The President’s FY2017 budget request seeks a nearly $50 million increase in the Wage & Hour Division’s budget. This more than 20% increase would fund, among other things, 300 additional investigative staff — putting the number of WHD…more

[Event] Stay Ahead: Nossaman's 2016 Emerging Employment Issues - Feb. 25th, Costa Mesa, CA

Please join us for this complimentary presentation on cutting-edge employment law issues! California and federal employment laws are constantly developing and evolving so it is essential for human resource professionals and corporate…more

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