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2016 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review

The increasing interconnectivity of global markets has become a significant driver of the regulatory and enforcement trends of U.S. and foreign nations. In 2016, U.S. authorities continued their aggressive approach to investigating and…more

Results from California’s First Community Solar RFO

The first round of procurement under California’s community solar program is nearly complete, and the early results suggest that no power purchase agreements (“PPAs”) will be awarded…more

Cannabis Insurance Presents Tough Choices

The unique financial headaches of running a cannabis business are well known. My colleague recently posted a terrific piece here regarding some of the banking-related pitfalls facing cannabis businesses and some of the possible fixes…more

Excess and Surplus Lines Laws in the United States

Preface States’ Implementation Of NRRA IN 2016 - The Nonadmitted and Reinsurance Reform Act (“NRRA”) came into effect on July 21, 2011 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The purpose of the…more

ZTE Corporation to Be Removed from Entity List as of March 29, 2017

Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively "ZTE" or "the companies") will be removed from the Department of Commerce's Bureau of Industry and…more

Dentons Australia Business Protection Checklist

Dentons’ Australian Employment and Labour team works with leading organisations to help them build and maintain sustainable workplaces, with the necessary workplace flexibility to meet fast changing and competitive market conditions…more

New York’s Department of Financial Services Issues Updated Cybersecurity FAQs

New York’s Department of Financial Services issued FAQs on its new cybersecurity requirements..…more

President Trump Nails Coffin Shut on Federal Contractor “Blacklisting” Under Fair Pay and Safe Workplaces Rule

On March 27, 2017, President Trump signed a Congressional Review Act resolution, H.J. Res. 37, and issued his own Executive Order, which together nullified President Obama’s Fair Pay and Safe Workplaces Executive Order and its…more

How Might the FDA's Proposed Patient Affairs Office Impact Patient Advocacy Efforts?

Earlier this month, the Food and Drug Administration (FDA) solicited public comments on the agency’s proposal to create a new Office of Patient Affairs. The agency said in its Federal Register notice that the concept was developed…more

New Executive Order Creates a Changed Climate for Climate Change and Energy

On March 28, 2017, President Trump signed an Executive Order entitled “Promoting Energy Independence and Economic Growth” (EO). This latest EO aims to further incentivize domestic energy production, particularly coal, oil and gas, by…more

The Importance of Defensive Tax Planning and Defensive Tax Return Preparation

Executive Summary: The Importance of Defensive Tax Planning - Tax reform is in the news again. But until we achieve significant tax reform it is essential that individuals, trusts and estates, and businesses with incomes in excess…more

USCIS Processing Times Remain Backlogged

Processing times at the various U.S. Citizenship and Immigration Services (USCIS) service centers remain quite backlogged despite the agency’s continued efforts to improve its administration of immigration benefits. Every year USCIS…more

Biotechnology Innovation Organization’s Amicus Brief in Sandoz v. Amgen

As we previously reported, a number of amici curiae have submitted briefs in support of each party in Sandoz v. Amgen. On March 17, Biotechnology Innovation Organization (“BIO”), a trade association representing various members of the…more

Fair Pay and Safe Workplaces: The fat lady has sung!

Game Over. Dunzo. Finito. Bye Felicia. These are things we can now officially say about the Fair Pay and Safe Workplaces Rule. On Monday, President Trump signed a Congressional joint resolution of disapproval into law, officially…more

Important Information on W-2/SSN Data Theft Scam

A dangerous email scam currently is circulating nationwide and targeting employers, including tax exempt entities, universities and schools, government and private-sector businesses. The scammer poses as an internal executive…more

First Published Opinion From New Business Court Judge Conrad

Business Court Judges don't have to issue written Opinions in cases granting Preliminary Injunctions. (G.S. § 7A-45.3 limits the obligation to issue a written Opinion to rulings rendered per NCRCP 12, 56, 59, and 60)…more

Supreme Court Hears Argument on Appellate Jurisdiction after Denial of Class Certification

Whether a federal court of appeals has jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice was the issue before the U.S. Supreme Court on March 21…more

Court Dismisses Website Accessibility Suit Over Lack of Connection to Store

As we noted earlier this week, a handful of law firms have filed hundreds of lawsuits – and sent many hundreds of letters threatening lawsuits – over website accessibility issues. This has been a lucrative business for these firms…more

Motor Carriers Be Aware: The CVSA’s 30th Annual International Roadcheck is Coming to a Highway Near You on June 6-8, 2017

The Commercial Vehicle Safety Alliance (“CVSA”) has announced that its 30th annual International Roadcheck will occur June 6-8, 2017. This year’s Roadcheck will place a particular emphasis on cargo securement safety…more

End Of An Era Or Simply a Moment In Time?

What conclusions can we draw from the increasing vacancy rates in prime NYC retail real estate? A momentary blip? Something we’ve seen many times before, only to be followed by the inevitable climb in rents to their customary…more

Blog: More Fallout from ACICS Loss of Recognition – SEVP Removes Grace Period

Immigration and Customs Enforcement has announced that its Student and Exchange Visitor Program will no longer allow ACICS schools 18 months to find new accreditors. Reversing its earlier position, the Student and Exchange Visitor…more

What’s happening with EB-5 financing for new development projects? Is it still available?

Unless Congress acts in time, a critical part of EB-5 financing will lapse on April 28, 2017 - The Regional Center program was enacted in 1992 as a “pilot project.” Since then, it has been renewed or extended many times by…more

Uber Steers for Mandatory Arbitration

After its bid to compel arbitration stalled in the district court, Uber is gearing up to argue before the Second Circuit that its users waive their right to a jury trial when they sign up for its app. The defendants in Meyer v…more

Firsts for UK SFO with in principle false accounting DPA, and for FCA with market abuse compensation, against Tesco

Following a two-year investigation, Tesco PLC has announced that its subsidiary Tesco Stores Limited (Tesco Ltd) had agreed in principle the terms of a Deferred Prosecution Agreement (DPA) with the UK Serious Fraud Office (SFO)…more

Administrative Exhaustion As a Defense to Statutory ERISA Claims?  Not So Much

Seyfarth Synopsis: The Sixth Circuit becomes the seventh circuit court to not require administrative exhaustion for statutory ERISA claims (as opposed to denial of benefit claims), while two circuit courts still do. In a decision…more

Texas Court Confirms State Statute Of Limitations Tolled By Filing Of Class Action

On March 24, the Texas Third District Court of Appeals (sitting in Austin) issued an important decision regarding the application of the state’s statute of limitations in a class action lawsuit. The case is Asplundh Tree Expert Co. v…more

Break Out the Pom-Poms

We’re all familiar with the sight. Your team is down in the final minutes of the game but within striking distance. The coach calls a timeout, huddling up the team. The fans are silent. Out runs the cheerleading squad..…more

Charitable Income Tax Deductions: The Rockefeller Edition

Billionaire David Rockefeller passed away this week at the age of 101. According to Forbes magazine, during his lifetime, the well-known philanthropist gave away nearly $2 billion…more

FCC Proposes Rules to Allow Carriers to Block Illegal “Robocalls”

The Federal Communications Commission has issued a notice of proposed rulemaking (“NPRM”) and Notice of Inquiry (“NOI”) opening a new docket, Advanced Methods to Target and Eliminate Unlawful Robocalls, which proposes rules to allow…more

Controversial H-1B Lottery Upheld

A few weeks before H-1Bs will be filed subject to a random lottery, an Oregon judge dismissed a lawsuit challenging the H-1B lottery system, granting summary judgment to United States Citizenship and Immigration Services…more

Landlords Win San Francisco Legal Battle

Who is responsible for the housing crisis in San Francisco, and what can government do to solve it? As property values have climbed in San Francisco and surrounding areas, that problem has increasingly vexed elected officials and the…more

New California Class Action Targeting Ivanka Trump’s Fashion Line Tests the Limits of California’s Unfair Competition Law

California class actions are frequently in the news, often prompted by stories or controversies that have cable news abuzz or involve new cutting-edge technology. On March 16, 2017, a class action lawsuit was filed in San Francisco…more

IRS Synchs Excise Tax to DOL's Enforcement Policy on Fiduciary Rule

The IRS released guidance this week announcing that it will not apply IRC § 4975 excise taxes (15% on prohibited transactions) and related reporting requirements “with respect to any transaction or agreement to which the DOL’s…more

National Farmers Union Passes Resolution On Higher Blended Fuels

On March 13, 2017, the South Dakota Farmers Union announced that the National Farmers Union had passed a resolution calling for the U.S. Environmental Protection Agency (EPA) to open the market to higher blends of ethanol during its…more

Chief Justice Confirms Cross-Examination Principles in Alberta

On March 21, 2017, the Court of Queen’s Bench of Alberta ruled against the Alberta government in Alberta (Attorney General) v. ENMAX PPA Management Inc. et al., a controversial legal action brought in 2016 by the provincial government…more

Is there a Doctor in the House? How the Travel Ban Could Impact the Healthcare Industry

On March 15, 2017, a federal judge in Hawaii issued a ruling that enjoined the Trump administration’s revised executive order intended to suspend admission of foreign nationals from six designated countries. On March 16, a second…more

Your Daily Dose of Financial News

Greenlight Capital’s David Einhorn is pushing GM to split its common stock into two classes—one for dividends and the other for all additional earnings—in an effort to boost the carmaker’s market cap. GM’s not on board…more

The UK sets in motion its exit from the European Union

Following the British public referendum to leave the EU on June 23, 2016, the UK government served notice under Article 50 of the Treaty on the European Union (TEU) on March 29, 2017. The period between the referendum and the…more

New Fairfax County Proffer Compliance Requirements Released

A new initiative to provide better proffer compliance tracking has launched in Fairfax County. The initiative requires applicants to submit a standalone proffer compliance matrix beginning at the first site plan submission. That…more

Tips Cannot Be Used to Satisfy Minimum Wage Requirement for Non-Tipped Work

The hospitality industry continues to battle numerous lawsuits claiming that employers failed to properly compensate employees who earn a portion of their wages through tips. Earlier this month, the Tenth Circuit Court of Appeals ruled…more

FDA Approves Sanofi and Regeneron’s Dupixent (dupilumab)

Sanofi and Regeneron announced yesterday that their Dupixent® (dupilumab) product has received FDA approval for the treatment of adults with moderate-to-severe atopic dermatitis (AD) whose disease is not adequately controlled with…more

EPA’s Budget was Cut How Much? Making Sense of the White House’s “Budget Blueprint to Make America Great Again"

On March 16, the White House released its proposed fiscal year 2018 budget outline entitled “A Budget Blueprint to Make America Great Again.” Fully realizing one of the President’s priorities—to ease the burden of Federal…more

Distillations: A Place Where Everybody Knows Your Name

Today’s upstart craft brewer/distiller/vintner might naturally want to name her new creation (whether the name of the company itself or a distinct product) after herself. The existence of brands such as GALLO, BUSCH, FOSTER’S and…more

Missouri Adopts Daubert Standard Governing the Admissibility of Expert Opinion Evidence

On March 28, 2017, Missouri Governor Eric Greitens signed House Bill 153 into law, repealing Section 490.065 RSMo governing the admissibility of expert witness opinion testimony and replacing it with provisions mirroring the expert…more

SDNY Finds Three of Commerzbank AG’s RMBS Claims Against The Bank of New York Mellon Timely Under German Three-Year Statute of Limitations

On March 21, 2017, Judge George Daniels of the United States District Court for the Southern District of New York partially granted and partially denied defendant’s motion to dismiss in Commerzbank AG v. The Bank of New York Mellon…more

Lessons from the Competition Appeal Tribunal Hearings in Merricks v. MasterCard and Gibson v. Pride Mobility Scooters

The UK held the first two hearings under its new opt-out class action procedure. The precise rules governing UK class actions will be developed over time from the general guidelines in the statute. There are significant similarities…more

A New Era for Medicaid

Congress is currently debating the American Health Care Act (AHCA), the “repeal and replace” legislation that calls for fundamental changes to Medicaid. As currently proposed, AHCA will cut Medicaid spending by $880 billion over the…more

SFC to Introduce New Excess Positions: Relevance for Asset Managers

On 21 March 2017, the Securities and Futures Commission (SFC) published its consultation conclusions on proposed changes to the position limit regime in Hong Kong. Expected to come into force on 1 June 2017, the changes include…more

Client Alert - Endrew F. v. Douglas County School District RE-1

On March 22, 2017, the U.S. Supreme Court issued a decision reassessing the standards by which schools must provide students with disabilities a free appropriate public education (FAPE) under the Individuals with Disabilities Education…more

Is There a Correlation Between the Time Under Submission and the Result in Civil Cases (2010-2016)?

Last week, we looked at the average time under submission at the Illinois Supreme Court from allowance of the petition for leave to appeal to oral argument to decision. Over at the California Supreme Court, we’ve shown that…more

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Brownstein Hyatt Farber Schreck is a unique law firm. Walk in any of our offices and you’ll immediately recognize a different type of energy. Complacency doesn’t have a place here. Flexibility and…

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