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The Problem With Providers Using Their Own Funds In Their 401(k) Plan

I always say that I come up with many ideas, but most of them are bad. Seriously, there are so many bad ideas out there in the 401(k) space and one of the really bad ideas out there are bundled plan providers using their own, expensive…more

CFPB to Hold Second Research Conference

The Consumer Financial Protection Bureau (CFPB) has announced that it plans to host its second research conference on consumer finance on December 15-16, 2016. (The first such conference was held in May 2015.)…more

How a Tight Fit Creates Lethal Dangers

Plumbers, electricians, cleaning technicians, and other professionals are often required to work in confined spaces. This presents a number of dangers such as becoming trapped, being seriously injured by equipment, or being exposed to…more

New Municipal Condemnations

For the last several years, municipalities have been slow to engage in new projects that require the use of eminent domain due to budgetary restrictions. However, with the upturn in the economy that is resulting in new building…more

Superfast Whitepaper

Is Your Firm Among the 13%? Emulating the Fastest-Growing Firms in the New Legal World - The November 2014 issue of The American Lawyer headlined with an engrossing article by Aric Press entitled “BigLaw’s Reality Check.” In…more

CFPB’s Proposed Rule Banning Use of Pre-Dispute Arbitration Agreements to Block Consumer Class Actions Signals New Wave of Class Actions Against Industry

On May 5, the Consumer Financial Protection Bureau (CFPB or Bureau) published a proposed rule which would prohibit application of pre-dispute arbitration agreements to class litigation involving a broad range of consumer financial…more

OSHA Civil Penalties Spike by 80% on August 1st

On June 30, 2016, the U.S. Department of Labor issued an Interim Final Rule to implement the Federal Civil Penalties Inflation Adjustment Improvements Act passed last Fall as part of the highly publicized “Bipartisan Budget Act of…more

Court Enforces “Presumed Loss” Rule Where Contractor Misrepresented 8(a) Status to Win Set-Aside Contracts

In a Memorandum Opinion issued on June 17, 2016, the U.S. District Court for the District of Columbia applied the so-called "presumed loss" rule to assess the full contract value as the measure of the government’s loss for purposes of…more

How The Failure To Comply With The Conflict Minerals Law Can Expose Manufacturers To Criminal Penalties

Last year, we provided an overview regarding the requirement that U.S. publicly traded companies disclose their use of “conflict minerals.”  As of 2014, the Government Accounting Office reported that 1,321 companies filed the requisite…more

Social Links: Twitter’s troll problem; Snapchat fat-shamer risks conviction; a federal anti-revenge-porn law?

Facebook Messenger joins the elite “one billion monthly users” club just four years after its release as a standalone app…more

Changes to North Carolina's HB2 Restore Employee Right File a Discrimination Suit in State Court

North Carolina Governor Pat McCrory signed into law House Bill 169 on July 18, 2016. The new law restores a North Carolina employee’s right to file a wrongful termination claim in North Carolina state court based on certain kinds of…more

Criminal Charges Brought in $1 Billion Alleged Medicare Fraud Scheme

If the June 2016 nationwide Medicare fraud takedown was not a sufficient indicator, today’s announcement that the U.S. Department of Justice (DOJ) has filed criminal charges against three Florida individuals alleging more than $1…more

A Setback to Businesses: Courts in the Eleventh Circuit in a Post-Spokeo World

When the Supreme Court issued its ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 194 L. Ed. 2d 635 (2016), earlier this year, it was received by compliance professionals with mixed reactions. Many were thrilled with the Supreme…more

Food Giants Prepare for Battle Over Trade Secret Misappropriation

On July 19, 2016, the "You Pick Two®"-famous Panera Bread filed a lawsuit in St. Louis against Papa John's, claiming that the international pizza company hired away a Panera IT executive who is misappropriating trade secrets. Panera…more

Tribal Enrollment Inquiry Leads to $2 Million FCC Settlement with Blue Jay Wireless

On July 15, the FCC issued an Order approving a consent decree between Blue Jay Wireless and the FCC’s Enforcement Bureau, ending the Bureau’s investigation into whether Blue Jay’s Tribal Lifeline enrollments in Hawaii from November…more

Japan Amends Industrial Safety and Health Law

The Ministry of Health, Labor, and Welfare has issued 2016 Cabinet Order No. 50 to amend the Industrial Safety and Health Law (ISHL), and 2016 Health, Labor, and Welfare Order No. 24 to amend the Occupational Safety and Health…more

Employee Training Requirements Lowered for Tennessee Drug-Free Workplace Employers

In order to maintain certification as a Tennessee Drug-Free Workplace for purposes of the workers' compensation coverage premium reduction, employers were supposed to have been conducting annual drug-free workplace training with all…more

Is encryption the key to your data security?

With the increased rate of data breaches targeting personal information, an increased public awareness of online privacy, and an increasingly demanding regulatory landscape, large and small businesses are looking to additional forms of…more

Cutting eDiscovery Projects Down to Size: How A Leading AmLaw 200 Law Firm Uses Analytics

Recently, Xerox Legal Business Services published a whitepaper in which I discussed how my firm, Vorys, Sater, Seymour and Pease LLP, uses analytics – in this case, Xerox’s Viewpoint eDiscovery platform – to help our global clients…more

FERC as Prosecutor, Judge and Jury?

May the Federal Energy Regulatory Commission (FERC) initiate an enforcement investigation against a company for manipulating natural gas markets, order the company to show cause why it shouldn’t be fined and then decide the case…more

Broken Dreams - How Tax Non-Compliance Can Destroy the American Dream of Undocumented Immigrants - Part 1

Overview - The U.S. Presidential Elections have shifted into overdrive with both the Republican and Democratic holding their conventions over the next two weeks to select Donald Trump and Hillary Clinton as their party’s…more

U.S. Coast Guard Updates Marine Casualty Reporting Forms

Action Item: The U.S. Coast Guard released an updated version of the CG-2692 forms for reports of marine casualties, commercial diving casualties, and outer continental shelf-related casualties. Vessel owners and operators are…more

One Year Extension for Compliance with the New Commercial Companies Law

The UAE’s new commercial companies law, Federal Law No. 2 of 2015 (the “New CCL”), took effect last year on 1 July 2015. The New CCL provides that any company that is not compliant with the law must amend its memorandum and articles of…more

Your daily dose of financial news - The Brief – 7.25.16

The bids are all in, and Verizon’s the big winner. Well, both “big” and “winner” are relative, especially with news of a brutal Q2 for Marissa Mayer and her crew, but nevertheless, Yahoo’s core business is now Verizon’s in exchange…more

Flubendiamide Registrants and EPA File Post-Oral Argument Briefs

On July 1, 2016, in an administrative appeal of the June 1, 2016, Administrative Law Judge (ALJ) Initial Decision and an earlier order denying Bayer CropScience LP and Nichino America, Inc.’s (BCS/NAI) Motion for Accelerated Decision…more

Supreme Court Declines to Review Constitutionality of SEC In-House Court

The SEC’s increased use of its own "home court" for enforcement proceedings has triggered constitutional challenges to SEC administrative proceedings (APs). See "Defendants Challenge SEC’s Increased Use of Administrative Forum," Expect…more

FERC v. Maxim Power Corp. - Court's Order on Applicable Procedures and Motion to Dismis

In a July 21, 2016 order, a federal district court for the first time in a FERC enforcement matter held that review of an assessed civil penalty pursuant to Section 31(d)(3) of the Federal Power Act (“FPA”) entails an “ordinary civil…more

Employment Law Navigator – Week in Review: July 2016 #5

Pokemon Go has taken the world by storm. Last week, several blogs discussed what employers can do to limit the effect of the game on the workplace. HR Morning advised looking at information technology and social media policies to…more

Legal FAQ: Introduction to Patent Litigation

Who enforces a patent? When can a district court patent case be filed? What does the patent holder have to prove to win an infringement suit? Fenwick patent litigators Charlene Morrow and Dargaye Churnet cover these and other commonly…more

Ransomware Attack is a Breach – Unless You Can Prove Otherwise

Ransomware is the fastest growing malware threat in the United States, targeting simple home computers to elaborate corporate IT networks. The Federal Bureau of Investigation recently reported an increase in ransomware attacks – more…more

The Proposed Code Section 457 Regulations Have Arrived

On June 22, 2016, the IRS finally issued the long-awaited proposed regulations under Internal Revenue Code (“Code”) Section 457. Code Section 457 applies to deferred compensation plans or arrangements of tax-exempt entities and state…more

American Spirit Cigarettes — Tobacco is back with ad deception…

On August 27, 2015, the Food and Drug Administration sent a warning letter to Santa Fe Natural Tobacco Co. Inc. and Reynolds American Inc., the company that owns Santa Fe Natural Tobacco and produces American Spirit…more

German Employee's Dismissal at U.S. Regulator's Behest Ruled Invalid

On July 13, 2016, the Frankfurt Higher Labor Court held the dismissal of an employee in response to demands by the New York State Department of Financial Services (NYDFS) was invalid. (Frankfurt Labor Court, 18 Sa 1498/15). This…more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 1: Introduction and Chapter 2: Preparing for the GDPR

EU data protection law has come a long way over the last two decades. When Directive 95/46/EC (the "Directive") was written in the mid-1990s, the highly networked and interconnected world in which we live today was merely a…more

Maximizing Cost Recovery in a Termination for Convenience

With constant budget pressures, federal procurement contracts are always at risk of a termination for convenience. If a termination for the government’s convenience is forecasted by the federal government, there are steps that a…more

States Move Forward with Auto-IRA Programs: What’s Next for the Feds?

As the nation continues to struggle with the retirement preparedness gap, policymakers are exploring proposals to require employers that do not offer retirement plans to automatically enroll employees in Individual Retirement Accounts…more

Luxembourg Supreme Court extends banks’ duty to individual guarantors

The Luxembourg Supreme Court has ruled on a bank’s obligations when taking a personal guarantee (cautionnement) from an individual to secure a loan of a third-party debtor. The ruling follows the current trend for a clear reinforcement…more

Stand Alone, Fixed-Indemnity Plans Are Back, Maybe

In Central United Life Ins. Co. v. Burwell, D.C. Cir. No. 15-5310 (July 1, 2016), a D.C. Circuit panel affirmed, 3-0, a trial court injunction barring enforcement of the 2014 HHS regulation permitting individual fixed-indemnity…more

Weekly Update Newsletter - July 2016 #3

GOVERNMENT CONTRACTS - Small Business Mentor-Protégé Programs - The U.S. Small Business Administration (“SBA”) is amending its regulations to implement provisions of the Small Business Jobs Act of 2010, and the National…more

The Road to Rio 2016: Zika, Super Bacteria, and Construction Delays. Sounds Like Everything is Going as Planned

Athletes began to arrive at the Olympic Village on Sunday in anticipation of the 2016 Summer Olympic Games in Rio de Janeiro which begin on August 5th. Perhaps the most closely watched event, however, has already begun; and it has…more

Rating Agency Developments

On July 19, 2016, DBRS published its criteria for rating CLOs backed by loans to European SMEs (small and medium-sized enterprises).  Report. On July 18, 2016, Fitch published its criteria for assigning new and existing ratings to…more

Recent Cases of Interest to Fiduciaries

In the Matter of Estate of Leon C. Chamberlain, 135 A.D.3d 1052 (N.Y. App. Div. Jan. 7, 2016) - Modification of trust terms is appropriate where limitations on investments permitted under trust instrument frustrated the purposes…more

District Court: CFPB May Hold Law Firm Owners Individually Liable for Alleged Violations

The U.S. District Court for the Western District of Wisconsin ruled on July 20, 2016, that the Consumer Financial Protection Bureau (CFPB) may hold the owners of two law firms offering debt relief services liable for alleged violations…more

TRIA Update: NAIC Data Call Imminent

Last week, the National Association of Insurance Commissioners (“NAIC”) provided an update on its TRIA data call initiative (the “Data Call”). As we previously reported, the NAIC has been in discussions, separate and apart from the…more

The Latest in Labor: NLRB Update, Part Two

Most employers know that the National Labor Relations Board (NLRB) has been on a years-long tear to make it easier for workers to unionize and harder for employers to resist those efforts. This post in two parts is the latest from the…more

Global Government Solutions® 2016 Mid-Year Outlook

This newest edition of the Global Government Solutions® series highlights increased government involvement in global commerce and provides the latest regulatory information corporate leaders need to navigate the intersection of…more

2(c) or Not to See Political TM Speech?

That is the question, at least for the day. It’s also a question we hope the U.S. Supreme Court will address. In particular, does a careful focus on the USPTO’s routine application of Section 2(c) of the Lanham Act, help shed…more

The Uniform Commercial Real Estate Receivership Act (Part 1) — Pathway to “Receiver Sales” of Real Estate Security?

“Uniform” laws seem to be all the rage these days. A group called the Uniform Law Commission (aka National Conference of Commissioners on Uniform State Laws) does the drafting, and the goal is to come up with a comprehensive and…more

Section 333 Petitions on Hold

The FAA has stopped processing Section 333 Exemption applications. With thousands of petitions in the queue, the FAA will make applicants that would qualify to operate under Part 107 wait until the new rule is effective in August to…more

Minnesota Public Utilities Commission Approves Some Changes to Community Solar Program, Declines Other Changes

The Minnesota Public Utilities Commission (MPUC) approved several major changes to Xcel Energy’s Community Solar Garden (CSG) program yesterday, while also voting to maintain other aspects of the CSG program. Mike Hughlett of the Star…more

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Trebuchet Legal is a new project from Alison Monahan and Lee Burgess, collectively the creators of The Girl's Guide to Law School, Law School Toolbox, Bar Exam Toolbox, and Amicus Tutoring. It's…

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