Latest Updates

ESOPs: An Alternative Exit Strategy for Family-Owned Businesses

One of the most difficult challenges for owners of family-owned businesses is finding a way to turn their equity in the business into cash. Also, after putting years of hard work into a business, owners often have a desire for the… more

No Homeless in the Historic District?

A church has filed suit against the City of Davenport, Iowa (the “City”), after the City issued it a Cease and Desist Order (the “Order”) prohibiting the service of meals to the homeless, alleging violations of RLUIPA’s substantial… more

Model Leave Request, Certification and Waiver Forms Issued for the New York Paid Family Leave Law

With the January 1, 2018 effective date for the New York Paid Family Leave Law fast approaching, the New York State Workers’ Compensation Board (“WCB”) has issued model paid family leave (“PFL”) request and certification forms, as well… more

PTAB Issues Precedential Opinion Regarding “Follow-On” Petitions

“If at first you don’t succeed, try, try again…” may not be an appropriate mantra for the PTAB. Today, the PTAB made precedential an opinion that was initially issued on September 6, 2017 regarding the appropriateness of “follow-on”… more

You v. The Mic: Mitigating Microphone Mistakes

It’s the middle of your depo, and you pull your mic off, creating a loud sound on the record. You take a quick glance to the left and see the videographer giving you a stern look. You’re embarrassed, but don’t worry — this happens… more

Compulsory Licensing of Biopharmaceutical Inventions

Very few topics in international intellectual property have been as controversial as compulsory licenses. While the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) sets minimum standards for intellectual… more

SBA Publishes Final Rule Regarding Ability of SBICs to Finance Passive Businesses

Following a series of delays, on August 18 the U.S. Small Business Administration (SBA) announced that it would withdraw the Final Rule modifying its regulations on the ability of a small business investment company (SBIC) to finance… more

Governor Brown Signs Major Housing Package Into Law

On September 29, 2017, Governor Brown signed into law a 15-bill housing package. The housing package did not include AB 915, which would have authorized the City and County of San Francisco to impose local inclusionary requirements on… more

SEC Issues Guidance on Non-GAAP Financial Measures in Business Combination Projections

On October 17, 2017, the SEC’s Division of Corporation Finance issued new guidance clarifying the circumstances under which financial forecasts included in registration statements, proxy statements or tender offer statements relating… more

SEC Proposes Streamlining Disclosure Requirements

On October 11, 2017, the Securities and Exchange Commission (SEC) proposed amendments to Regulation S-K designed to simplify and streamline disclosures made by public companies and reduce compliance costs while continuing to provide… more

DOS Announces Change in Registration Dates for 2019 Diversity Lottery

On October 16, 2017, the U.S. Department of State (“DOS”) announced that the entry period for the DV-2019 Diversity Visa (“DV-2019”) lottery that was supposed to start on October 3, 2017, has been closed due to technical problems. All… more

Florida Nursing Home Tragedy Causes Rethinking of Disaster Preparedness

The recent tragedy in which 12 Florida nursing home residents died when the facility lost power during Hurricane Irma is causing government officials to rethink disaster planning… more

Competition News - October 2017

Prohibiting an authorized distributor from selling on a market place is not necessarily a hardcore restriction of competition - By a decree dated September 13, 2017, the French Supreme Court gave its support to brands distributed in… more

Osceola County Proposes Development Moratorium of Three to Six Months to Implement Changes to Land Use Standards

On Monday, October 16, 2017, the Osceola County Board of County Commissioners voted (4-1) to direct County staff to draft a moratorium ordinance that would postpone County approval of new development applications for three to six… more

Uncle Sam should be wary in partnering with Big Pharma on cancer treatments

Is Uncle Sam launching a way to speed and improve cancer treatments so they get to patients sooner—or is Big Pharma about to fleece taxpayers, yet again? The National Institutes of Health should carefully consider its just announced… more

ISS Policy Application Survey Highlights Director Pay and Gender Pay Gap

This year ISS conducted two surveys. One was a high-level survey covering a small number of fundamental and high-profile topics. We reported the results here. ISS has now announced the results of a second, more expansive and… more

Taxation of private corporations and their shareholders

On July 18, 2017, the Department of Finance Canada introduced draft legislative proposals impacting private corporations and their shareholders. A 75-day consultation period was provided with a deadline for taxpayer submissions of… more

Jurisdictional Discovery: When and Why It’s Available

Personal jurisdiction analysis is often the enemy of 1L’s tackling that doozy of a CivPro exam. Outside of that 10-page fact pattern requiring consideration of Helicopteros Nacionales de Colombia, SA v. Hall, International Shoe Co. v… more

Top U.S. Immigration Official Announces Quadrupled Employer Compliance Audits

Employers can expect an increase in immigration compliance audits and investigations by “four to five times” beyond their current levels, the director of the U.S. Immigration and Customs Enforcement agency (ICE) announced yesterday… more

TTB Reopens Comment Period for Three Notices of Proposed Rulemaking

On October 11, 2017, the Alcohol and Tobacco Tax and Trade Bureau (TTB) reopened the comment period for the following three notices of proposed rulemaking..… more

Important Update Regarding 2019 Diversity Immigrant Visa Lottery Program

As announced in our Immigration Alert posted September 18, 2017, the U.S. Department of State (DOS) announced the opening of the registration period for the 2019 Diversity Immigrant Visa Program. Registration was set to begin on… more

“KRACK” WiFi Security Vulnerability Discovered

Security researchers this week have found a new vulnerability that affects Wi-Fi Protected Access II, also known as WPA2, which is the security protocol used by many wireless networks… more

Further “guidance” expected for NPLs in Europe

On 4 October 2017 the ECB published an addendum to its Guidance to Banks on non-performing loans. On 5 October 2017, the EBA published its work programme for 2018 which included further work to assist in the resolution of… more

China Data Protection Enforcement Update – A Focus on Platform Content

Following the first enforcement actions by local authorities in Shantou and Chongqing for violations of the new Network Security Law that came into effect this year, authorities in China have recently shown a clear initial focus with… more

Despite Revocation of Sudanese Sanctions, Considerations Remain for Those Dealing With Sudan (IRB No. 568)

Effective October 12, 2017, the U.S. Government has revoked its sanctions against Sudan that were established in Executive Orders 13067 and 13412 and removed a number of Sudanese entities from the SDN List. The revocation makes… more

When You Don't Train Your Managers About the FMLA, You're Begging for This Kind of Smackdown

When a manager learns that one of his employees is in the hospital, that’s almost always enough information for the employer to have an inkling that the employee may need FMLA leave… more

California And Virtual Annual Meetings

Seventeen years ago, Delaware amended Section 211 of the Delaware General Corporation Law to permit corporations to hold electronic meetings of stockholders. 72 Del. Laws, c. 343, §§ 7, 8. In the ensuing years, an increasing number… more

Posner On Copyright: 10 Cases To Remember

When Judge Richard Allen Posner abruptly retired from the Seventh Circuit Court of Appeals last month, we were so caught off guard that it took a few weeks to get our tribute machine up and running. Why a tribute to Posner on the… more

Product Liability Update: October 2017

Massachusetts Federal Court In Multi-District Litigation Holds Under Six States’ Laws That Manufacturer Of Brand-Name Pharmaceutical Is Not Liable For Injuries Caused By Generic Equivalents Whose Manufacturers Were Required To Adopt… more

Reliance Liquidation Court Approves Application For Direct Payments From Reliance’s Reinsurers To Certain Insureds

The court handling the liquidation of Reliance Insurance Company has approved an application for the direct payment of reinsurance proceeds by Hunt Equities, Inc., as guarantor of Mount Vernon Insurance company (the “Reinsurer”), to… more

CFPB Consumer Advisory Board to meet Nov. 2

The CFPB has published a notice in the Federal Register announcing that a meeting of its Consumer Advisory Board will be held in Tampa, Florida on November 2, 2017… more

European Fund Finance Market Update

On October 11, 2017, the Fund Finance Association (the “FFA”) hosted its 3rd Annual European Fund Finance Symposium (the “Conference”) at the Landmark Hotel in London. Forty-two market participants sponsored the Conference and 444… more

New Guidance Sheds More Light on Italian Carried Interest Tax

Following the approval of the new rules regarding taxation of carried interest proceeds enacted with Law Decree No. 50/2017 (Decree), the Italian Tax Authorities issued specific guidelines with Circular Letter No. 25/E, dated 16… more

Law Firm Attempts to Resist Subpoena by Arguing CFPB is Unconstitutional

In the wake of last year’s (now-vacated and pending review en banc) decision by the D.C. Circuit in PHH Corp. v. Consumer Fin. Prot. Bureau, 839 F.3d 1 (D.C. Cir. 2016), the constitutionality of the Consumer Financial Protection Bureau… more

How an Uncommonly Silly Law Led to a Host of Very Consequential Supreme Court Decisions

In 1879, Connecticut passed a law barring the use of “any drug, medicinal article or instrument for the purpose of preventing conception”; the penalty was“not less than fifty dollars” or between 60 days and one year in prison. And the… more

GRDP Update: WP29 Guidelines adopted for Data Protection Impact Assessment

The new GDPR is much more detailed than the 1995 Directive. The GDPR has 99 articles, versus 34 in the Directive. And a few new key concepts clearly require new guidance… more

Afraid of Sexual Harassment Claims? Then Be Afraid of Halloween

“Let’s engage in a Halloween-type party where everybody would be having sex.” Or perhaps, “So, are you going to wear a bikini for your Halloween costume?”… more

[Video]WORD OF THE DAY® – Biosimilar Product

Partner Michael Morin explains the term Biosimilar Product from the Book of Jargon® – Healthcare & Life Sciences. The Book of Jargon® – Healthcare & Life Sciences is one of a series of practice area and industry-specific glossaries… more

Tips For Drafting Employee Handbooks – Tip #2: The Importance of Equal Employment Opportunity and Harassment Policies

This article is part two in a six-part series. The purpose of this series is to provide tips and identify potential pitfalls associated with the drafting of an employee handbook… more

“Legitimate Business Interests” Justifying Non-Competes Are Not Limited to those Listed in Statute

On September 14, 2017, the Florida Supreme Court, in White v. Mederi Caretenders Visiting Services of S. E. Florida, LLC, et. al., 2017 WL 4053930, 42 Fla. L. Weekly S 803a (Fla. 2017) issued a ruling finding that referral sources in… more

Ninety Seconds Is Not Enough: Third Circuit Rules That Break Policy Violates the FLSA

In Secretary United States Department of Labor v. American Future Systems, Inc., No. 16-2685 (October 13, 2017), the Third Circuit Court of Appeals considered whether an employer’s failure to compensate employees for periods of 20… more

CEO, Attorney Plead Guilty to Market Manipulation

Microcap fraud has long been a focus of the Commission. The U.S. Attorney’s Office has also brought a series of criminal cases centered on market manipulation charges involving these entities… more

California Building Owners and Contractors: Act before January 1, 2018, to Minimize Risks of Non-Paying Subcontractors

This past weekend Governor Brown signed AB 1701, a bill that requires direct contractors to pay any wages, fringe benefits, or other benefit payments or contributions owed by a defaulting subcontractor, plus interest. This new statute… more

IRS Issues Updated Mortality Tables for 2018 – Impact on Pension Plan Sponsors

The IRS recently issued new mortality tables for 2018, which will likely increase pension funding liabilities for many plan sponsors. Plan sponsors should consider options to delay the use of the new mortality tables for funding… more

Recent Rulings on “Family Limited Liability Entity” Election Create Traps for the Unwary

Although every LLC, limited partnership or other pass-through entity doing business in Alabama, and even those simply organized under Alabama law, are subject to an annual business privilege tax (BPT), certain entities can… more

JAMA: Cybersecurity Concerns and Medical Devices – Lessons from a Pacemaker Advisory

Interesting viewpoints from this Journal of the American Medical Association article on FDA’s August 2017 notice re: cyber security issues with certain pacemakers, including:..… more

“Whole Business” Restaurant Securitizations

In recent years, many of the largest restaurant brands in the United States have utilized securitization techniques to secure financing, specifically in the form of a “whole-business” securitization of franchise royalties and (to the… more

Senators and court complain of ‘anti-competitive’ transfer of patent rights to American Indian tribe

We have previously discussed antitrust implications of pharmaceutical companies’ efforts to maximize patent protection for their drugs. Consumers and generic drug makers, for instance, have alleged antitrust violations based on… more

Volkswagen Settlement Offers Funding For Clean Transportation Upgrades

Local governments and businesses considering investments in clean transportation projects may find funding opportunities resulting from partial settlements in the Volkswagen “clean diesel” emissions litigation. The U.S. District Court… more

Risk Management in the Export Controls Minefield (Part 2 in a Series)

As the recent Bright Lights USA case demonstrates, export violations continue to be met by aggressive enforcement actions by U.S. government authorities. In Bright Lights USA, the U.S. State Department’s Directorate of Defense Trade… more

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