Latest Updates

Cyberattacks Are the New Norm - How to respond and get insurance recovery for government investigations.

Takeaways - Companies that suffer cyberattacks can expect not sympathy but scrutiny from legal authorities. - D&O insurance can cover not only litigation but also investigation costs. - Strategic negotiation of D&O and E&O… more

Pay Ratio Compliance is Around the Corner; Is Your Company Ready?

For two years, the pay ratio rule has loomed in the distance with uncertainty regarding its fate. On September 15, 2017, in remarks made at the ABA’s Business Law Section Annual Meeting, William Hinman, Director of the Division of… more

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter ever. Utility… more

Without Prejudice: An Invisibility Cloak for a Mature World

Almost immediately following the unfortunate reality of a termination of employment, another unfortunate reality almost always arrives: a “without prejudice” demand letter. Indeed, that demand letter is perhaps the second “without… more

Patent Trial and Appeal Board Activity in the First Five Years+

September 16, 2017 marked five years since the Patent Trial and Appeal Board (PTAB) was created. Some of the notable statistics and trends of the previous 5 years are shown here… more

6 Tips to Keep Your Law Firm's Content Strategy on Track

Law firm content strategy is a process of trial, error, and trial again. Here's how to stay on track as you iterate… more

Pfizer and Flynn Pharma fined €101 million for charging the UK health service excessive prices for Phenytoin sodium capsules, an anti-epilepsy drug

The UK Competition and Markets Authority (“CMA”) recently published its infringement decision of 7 December 2016 that imposed a fine on Pfizer and Flynn Pharma (“Flynn”) for abusing their respective dominant positions by charging… more

FTC’s ‘Stick with Security’ Series Carries On

Continuing with its “Stick with Security” series of blog posts for businesses, the Federal Trade Commission worked its way through several more items found in the “Start with Security” guidance… more

Hurricane Waivers and Infrastructure Funding [Maritime and Infrastructure Federal Update]

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update highlights: (i) the unprecedented nature of the recent Jones Act waiver, (ii) available infrastructure funding through the TIGER program, (iii) President… more

[Audio]Hsu Untied interview with David Pogue, Tech Reviewer at Yahoo! Finance

Today, my guest is David Pogue, who is the tech critic for Yahoo! Finance after having spent 13 years as the personal-technology columnist for the New York Times. He’s also a monthly columnist for Scientific American and host of… more

In re Cray Inc. (Fed. Cir. 2017)

Judge Gilstrap's Short-lived Venue Calculus - The Federal Circuit has spent more than a decade as the Supreme Court's favorite judicial whipping boy, usually because the Court apprehended that their appellate inferior had strayed… more

[Event] 2017 Cybersecurity Symposium - October 23rd, Los Angeles, CA

Nossaman LLP and University of California, Irvine School of Law invite you to join us for "Cybersecurity, Data Breach, and Privacy: A Real World Perspective on Prevention, Response and the Future." This complimentary half-day seminar… more

[Video]This Week in FCPA-Episode 69, for the week ending September 22, the Apples and Honey Edition

Jay and I return for a wide-ranging discussion on some of the top compliance and ethics related stories, including:   1. Telia settles massive FCPA enforcement action. 2. New concerns about money laundering in Venezuela for US… more

SEC Charges Platinum Equity for Misallocation of Broken Deal Expenses

The SEC announced a settled action against Beverly Hills-based investment adviser, Platinum Equity Advisors, LLC, for charging three of its private equity fund clients with about $1.8 million more than it should have in broken deal… more

How to Craft an Employee Handbook Outside the United States or Whether to Issue One at All

Most all major U.S. employers, and many smaller ones, have issued and periodically update employee handbooks—staff guides explaining how the organization’s particular workplace works. U.S. human resources experts almost unanimously… more

LinkedIn – in whose professional interest?

LinkedIn is the biggest online network of professionals in the world. Many employers encourage staff to use LinkedIn to promote their organisation. While employees may share content relating to their organisation, they tend to think… more

Equifax Breach: What Can the Hackers Do with Your Information and How Can You Protect Yourself?

The Equifax breach is not the biggest in terms of the number of people affected (the 2016 Yahoo breach compromised data associated with over 500 million user accounts compared to the 143 million people affected by the Equifax breach)… more

Nevada Supreme Court Adopts Delaware’s Tooley Test to Determine Whether Shareholder Claims are Direct or Derivative

In Parametric Sound Corp. v. The Eighth Judicial District Court of the State of Nevada, ___ P.3d ___, 2017 WL 4078845 (Nev. Sept. 14, 2017), the Nevada Supreme Court addressed the circumstances under which breach of fiduciary duty… more

Projected Estate and Gift Tax Exemptions for 2018 – How Much Can You Transfer?

The Consumer Price Index was released by the Labor Department in August 2017. Not everyone anxiously awaits the release of these numbers but the experts have now made estimates of how they will impact estate, gift, and… more

RLUIPA Suit Against Colonie, NY Dismissed As Unripe

A federal court in New York has dismissed religious discrimination and related claims alleged by an evangelical Christian church (the “Church”) against the Town of Colonie, New York, its agencies and officials (the “Town”), in… more

Department of Education Rescinds Obama-Era Title IX Guidance in Advance of New Rulemaking

This morning, the Office for Civil Rights of the Department of Education issued a “Dear Colleague” letter rescinding the Obama administration’s school sexual assault guidance. The Department also issued a new set of Questions and… more

Third Parties Fail To Force Arbitration in Three Circuits

The “Summer of Arbitration” draws to a close today, if you can believe it. (On the first day of fall, it is supposed to be 91 degrees in Minnesota. Yikes.) But before I close that chapter, let’s take a look at a theme that emerged… more

Your Daily Dose of Financial News

Uber’s got more than a spot of bother on its hands in London after this morning’s announcement that the company’s largest market in Europe won’t renew the ride-hailing service’s license to operate in the city (citing “a lack of… more

The Netherlands - Budget 2018 - Dividend withholding tax and non-resident taxation

On 19 September 2017, the Dutch government released the State’s Budget for the year 2018. The Budget includes a draft bill to expand the dividend withholding tax exemption to tax treaty countries, to introduce a withholding tax… more

Trump Nominates Peter Robb as the General Counsel for the NLRB

After being reportedly close to nominating retired Jones Day partner Roger King for the role, the White House announced last Friday that President Donald Trump will nominate Peter Robb, a management-side labor and employment attorney… more

[Webinar] BakerHostetler Tax Reform Webinar - September 27th, 3:00pm ET

Please join former Congressman Mike Ferguson, leader of BakerHostetler’s federal policy team, for a special webinar on tax reform. You’ll hear directly from two key decision-makers in Congress, including Rep. Peter Roskam (R-Ill), who… more

Setting the boundaries: a new protocol for resolving disputes

When you hear the term “boundary dispute”, you probably imagine the following familiar set of circumstances: - Two parties at loggerheads over a small strip of land. - Entrenched positions holding sway over the legal and… more

Federal Circuit Provides Important Guidance on Establishing Patent Venue

Order Granting Mandamus and Directing Transfer of Case, Raytheon Company v. Cray, Inc., Federal Circuit (September 21, 2017) - The Federal Circuit today clarified what it means to have “a regular and established place of business”… more

IRS Issues Proposed Guidance on the Definition of Registered Form

On September 15, 2017, the Internal Revenue Service (IRS) issued proposed regulations (REG-125374-16) amending the definition of obligations that are in registered form to take into account current market practices and changes made by… more

The Rule of Sevens: Evaluating Claims Involving a Child

As subrogation professionals, we may be tasked with evaluating property loss claims where a child caused or contributed to the property damage. For example, is a child playing with matches or a lighter liable for a fire loss? Or, is… more

The Latham FPI Guide: Accessing the US Capital Markets From Outside the United States - 2017 Edition

Fabry-Pérot Interferometer, SA is a highly successful non-US company known to the world as FPI. FPI is considering doing a debt or equity offering in the United States. What are the key legal issues it, and its underwriters or… more

OSHA Grants Brief Reprieve on Silica Enforcement

On September 20, 2017, OSHA’s Acting Deputy Assistant Secretary issued a memorandum to Regional Administrators on the new Respirable Crystalline Silica in Construction Standard, which becomes effective September 23, 2017. In this memo… more

Litigation Issues Arising from M&A Transactions - Don't Cut Corners: How Legal Shortcuts May Come Back to Haunt You Later

On September 20, San Francisco Partner Meryl Macklin and Los Angeles Partner Katherine Ashton hosted a webinar on the litigation issues arising from M&A transactions and how legal shortcuts could come back to haunt you. Macklin and… more

México: Se declaran días inhábiles para el Instituto Mexicano del Seguro Social a causa del sismo

El 19 de septiembre de 2017, la Ciudad de México y algunos estados colindantes sufrieron un sismo de una magnitud de 7.1 lo cual provocó daños graves como la pérdida de vidas y estructuras colapsadas. Como resultado, mediante… more

CETA Means New Business Opportunities, Starting This Week

Good news for Canadian business amidst the uncertainty posed by the ongoing NAFTA renegotiations: the key elements of the Canada-EU Comprehensive Economic and Trade Agreement, better known as the CETA, take effect this week, on… more

SEC Issues Guidance on Pay Ratio Rule

Two pieces of guidance emerged from the SEC on September 21, 2017, with respect to the pay ratio rule. First, the Commission issued interpretive guidance on the rule. Second, the Division of Corporation Finance also issued its own… more

The Telia FCPA Resolution, Part I

While the resolution of the Telia Company (Telia) Foreign Corrupt Practices Act (FCPA) matter has long been awaited, the results announced yesterday by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) were… more

GDPR Update Data breaches and notifications (Dutch)

Under the GDPR, data security plays a prominent role and the GDPR imposes strict obligations on data controllers and data processors regarding security. While the Dutch Data Protection Act (DDPA) already includes a data breach… more

GDPR Update: Data Breaches and Notifications

Under the GDPR, data security plays a prominent role and the GDPR imposes strict obligations on data controllers and data processors regarding security. While the Dutch Data Protection Act (DDPA) already includes a data breach… more

Orrick's Financial Industry Week In Review

Agencies to Propose Amending CRA Regulations to Conform to HMDA Regulation Changes, and Remove References to the Neighborhood Stabilization Program - On September 13, 2017, the Board of Governors of the Federal Reserve System, the… more

A Kind Demand Letter? Stranger Things Have Happened (Apologies)

Chicago pop-up bar “The Upside Down” rode a wave of popularity program all the way to Netflix’s legal department. And that’s where things took an unexpected turn!… more

Oil & Gas Sector in Mexico: Comisión Nacional de Hidrocarburos Announces Petróleos Mexicanos Invitation to Bid for Ayín-Batsil Farmout

On September 18, 2017, the Mexican government, through the Comisión Nacional de Hidrocarburos (National Hydrocarbons Commission or “CNH”), commenced an international tender process to grant the right to enter into a license agreement… more

California’s Proposed “Wage Shaming” Law Is Another Mess

In yet another measure to expand the scope of California’s equal pay laws, Assembly Bill 1209 proposes an addition to the Labor Code (section 2810.6) requiring larger employers to gather information relating to gender differentials in… more

IRS and DOL issue retirement plan relief for hurricane victims

The Internal Revenue Service (IRS) has provided welcome relief to individuals affected by Hurricanes Harvey and Irma. The relief permits plan sponsors to temporarily relax restrictions on hardship withdrawals, participant loans and… more

Did The SEC’s Pay Ratio Guidance Miss Conjunction Junction?

Last week, the Securities and Exchange Commission issued interpretive guidance to assist issuers in complying with the pay ratio rule. At the same time, the Division of Corporation Finance staff issued guidance concerning how… more

Does Sorry Have to be the Hardest Word in the Workplace?

When was the last time you said you’re sorry to someone at work. Last week? Last month? Last year? Never? There isn’t a right answer to this but I was thinking about this yesterday on the Jewish New Year… more

Expanded Beneficial Ownership Reporting and AML Duties Under the Corporate Transparency Act

Second of a Two-Part Blog: Anti-Money Laundering Programs Coming to the Legal Profession? Earlier this week, we began our discussion of the proposed Corporate Transparency Act of 2017 (the “Act”), and observed that, if passed, the… more

Dealing with Disasters – Quality Payment Program Exception Available for MIPS-Participating Clinicians and Groups

The Centers for Medicare & Medicaid Services (CMS) simplified the process for clinicians and other providers to seek the Quality Payment Program (QPP) Hardship exception by releasing an online application on Aug. 2… more

Landlord-Tenant – Collateral Estoppel Doctrine Bars Issues Adjudicated in Unlawful Detainer Action

Alfonso Ayala v. Randy Dawson - Court of Appeal, First District (August 4, 2017) - Property owner Randy Dawson and tenant Alfonso Ayala signed a written contract in December, 1999, entitled “Residential Lease with Option to… more

Weekly Update Newsletter - September 2017 #2

CAPITOL HILL - “Serving Small Businesses: Examining the Effectiveness of HUBZone Reforms” House Small Business Committee Press Release, September 13, 2017. Retrieved from smallbusiness.house.gov - The House Small Business… more

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Harness Dickey, founded in 1921, specializes in intellectual property law. The firm’s professionals provide counseling, licensing, litigation and prosecution services that range from patents and…

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