Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

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

Window Closes Today! Employer Should Provide Notice Before this Opportunity is Gone!

WINDOW CLOSES TODAY! Employers who wish to take advantage of the safe harbor provision of California’s new piece rate legislation, must provide notice to the Director of Industrial Relations by July 28, 2016. The deadline for…more

Defendants Are Awarded Additional Costs For Depositions And E-Discovery

Robinson, J. Defendants’ motion to review taxation of costs is granted in part and denied in part. Delaware Local Rule 54.1 provides guidance as to how the court generally exercises it discretion to award costs. The court retains…more

New OSHA Rule Creates Concern for Employers’ Drug and Alcohol Testing Policies

As we reported in May 2016, OSHA recently published a rule that phases in new requirements for employers. Certain portions of the rule that protect employees against retaliation for reporting injuries and illnesses are giving employers…more

Relief in Sight for New York Nonprofits with Prospect of Additional Amendments to the Nonprofit Revitalization Act of 2013

On June 16, 2016, the New York Legislature passed A10365-B approving further changes to the Nonprofit Revitalization Act (the “Revitalization Act” or “Act”), including major changes to the rules on independent directors and related…more

Auto-ISAC announces automotive cybersecurity best practices

Members of the Automotive Information Sharing and Analysis Center (Auto-ISAC) recently released an overview of comprehensive Automotive Cybersecurity Best Practices developed as a proactive measure to further enhance vehicle…more

Shareholders Will Get to Trial in Petrobras Corruption Scandal Action

Yesterday I wrote about what may well be the next great bribery and corruption scandal across the globe involving the Venezuelan state oil company Petroleos de Venezuela SA (PDVSA). However, the current largest corruption scandal…more

Neste Publishes “4 Reasons Why The World Needs Biofuels”

On July 12, 2016, Neste, a BRAG member, published "4 Reasons Why The World Needs Biofuels," highlighting the positive results of seeking alternative, low-carbon sources of renewable energy. The article mentions that "biofuels offer a…more

Sex On TV: Final FAQs For Employers About The Roger Ailes Case

Well, Gretchen is out, Roger is out, and Megyn is in. Your Magic 8-Ball is here to answer the sexual harassment questions that employers are dying to ask…more

FERC Seeks to Enhance Electricity Market Surveillance and Data Collection for Market-Based Rates Sellers and Other Market Participants, but Substantially Eases Recently-Proposed Data Reporting Requirements

On July 21, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (July NOPR) to require certain participants in wholesale electric markets to submit “relational databases” to report information…more

Projected Decline of Americans Lacking Health Insurance Over Next Decade

The CMS Office of the Actuary recently released a report estimating that the percentage of Americans lacking health insurance will decline over the next decade. The actuary’s office predicts that in 2025, 8 percent of the U.S…more

Increase in Vertical Price Restraint Enforcement in China

In recent months, Chinese anti-monopoly enforcement actions scrutinizing and penalizing pricing-related issues have noticeably increased. A growing number of foreign companies in consumer-facing industries have received significant…more

Commonsense Misconduct Not so "Common": Illinois Supreme Court Significantly Narrows Use of Commonsense Rationale in Employee Dismissal Cases for Misconduct under the Unemployment Insurance Act

In the absence of a rule prohibiting specific conduct, employers can no longer rely merely on what one would deem "commonsense" to deny unemployment benefits. In Petrovic v. Department of Employment Security, the Illinois Supreme…more

Brexit: Key commercial issues for real estate

Summary – the three things you need to know - It is worth re-emphasising that Brexit will not result in any significant changes to the law underpinning property ownership, letting and conveyancing in England and Wales as this…more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 14: Data Protection Authorities

Why does this topic matter to organisations? National Data Protection Authorities ("DPAs") are appointed to implement and enforce data protection law, and to offer guidance. As set out in Chapter 16, DPAs have significant…more

Health Update - July 2016

The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some sort of…more

Can blockchain live up to the hype?

Is blockchain the revolutionary technology that will rewrite the rules for the finance industry, identifying authenticity and verifying payment flows that arise at a business-to-business level or between business and consumers and…more

Physical Combinability of References Not Necessarily Required for Obviousness

Addressing issues of obviousness, the US Court of Appeals for the Federal Circuit upheld the obviousness determination of the Patent Trial and Appeal Board (PTAB or Board), explaining that it is not necessary for two references to be…more

Choice is Knowledge: H.R. 3178

This is the fifth installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016 and approved by the full House of Representatives on July 11, 2016. While…more

One of the Largest Member Clubs in Singapore Is Liquidated

California Fitness’s closure has left many consumers who have purchased prepaid packages without any remedies. On 20 July, California Fitness, which was once fronted by action movie star Jackie Chan, announced that it would…more

Top 10 rules for compliant non-qualified deferred compensation

By Lori Jones Internal Revenue Code Section 409A regulates nonqualified deferred compensation (NQDC) plans and arrangements, which are commonly used to provide supplemental compensation to key executives. Complying with Section 409A is…more

Ten Questions to Consider Before Granting Equity to Employees

Granting employees equity can be a great way to reward and motivate employees. Most employees will work harder once they have some skin in the game. However, granting equity can be complicated and it's easy to make mistakes. Before…more

California Supreme Court Clarifies Constitutional Limits on Punitive Damages

In Brandt v. Superior Court, the California Supreme Court held that when a plaintiff proves that an insurance company withheld policy benefits in bad faith, attorneys' fees reasonably incurred to compel payment of the benefits are…more

Genzyme Therapeutic Products Ltd. v. Biomarin Pharmaceutical Inc. (Fed. Cir. 2016)

The Federal Circuit affirmed the decision by the Patent Trial and Appeals Board (PTAB) in an inter partes review (IPR) that the claims of Genzyme's U.S Patent Nos. 7,351,410 and 7,655,226 were obvious, in Genzyme Therapeutic Products…more

Claim Terms with No Specialized Meaning in the Art Always Linked to Specification

Emphasizing the public-notice function of a patent’s specification, the US Court of Appeals for the Federal Circuit affirmed a district court’s construction of four patent claim terms based entirely on intrinsic evidence. Indacon, Inc…more

FDA Issues Draft Guidance as Part of Precision Medicine Initiative

The two draft guidance documents are intended to streamline the review of next generation sequencing-based tests. On July 8, the US Food and Drug Administration (FDA or Agency) issued two draft guidance documents regarding next…more

Advertising Law - July 2016 #4

Sen. Franken Hits Pause on Pokémon GO - After the Pokémon GO app was downloaded approximately 7.5 million times in the United States alone in its first week of release, Sen. Al Franken (D-Minn.), the chairman of the Judiciary…more

SBM Offshore N.V. signs five party $340M leniency agreement to resolve Petrobras bribery allegations in Brazil

SBM Offshore N.V. has reached a $340M settlement with both criminal and administrative prosecutors in Brazil to resolve allegations of bribery relating to the Petrobras scandal, the first deal of its kind in Brazil and a notable…more

Consumer Financial Services Newsletter - July 2016

Eighth Circuit Holds That Filing Accurate Proof of Claim on Time-Barred Debt Does Not Violate the FDCPA - Nelson v. Midland Credit Mgmt., Inc., No. 15-2984, 2016 WL 3672073 *1 (8th Cir. July 11, 2016) - On July 11, 2016, the…more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 13: Cross-Border Data Transfers

Why does this topic matter to organisations? In today's world, it is increasingly important to be able to move data freely to wherever those data are needed. However, the transfer of personal data to recipients outside the EEA is…more

House of Commons Justice Committee review of Tribunal fees

It has now been three years since the introduction of Employment Tribunal fees (ET Fees). There is an ongoing challenge to ET Fees by the union Unison, which is taking its judicial review case to the Supreme Court. The publication of…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Experience and Qualifications: Over 30 years of experience in domestic and international tax planning and tax controversy matters. Lead counsel in planning complex interactive game company…

[ About | Legal Updates ]