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The Devil's Dictionary of Bankruptcy Terms: Insolvent

The "Devil's Dictionary" is a quick-reference guide for commercial lenders and other restructuring professionals. In this series, we highlight many of the buzz words found in the Dictionary and used in today's bankruptcy arena… more

Paid Family Leave Policies May Not All Be Equal: Starbucks Investors Questioning Differing Application of Paid Family Leave Policy

If your company has a family leave policy that goes beyond the legal requirements of the Family and Medical Leave Act (FMLA), does that policy need to apply to all employee levels equally? No. But as Starbucks is currently… more

Proposal to outlaw “unrepresentative” enterprise agreements – when will an enterprise agreement be undone?

Yesterday, the Shadow Minister for Industrial Relations Brendan O’Connor foreshadowed amending the bargaining regime in the Fair Work Act to outlaw so-called “sham agreements”… more

CMS Publishes RADV Medical Reviewer Guidance

In the Medicare Advantage (MA) context, "risk adjustment" is the process by which the Centers for Medicare & Medicaid Services (CMS) reimburses Medicare Advantage Organizations (MAOs) based on demographic factors and the health status… more

CFTC Extends Its Reach to Potentially Include Initial Coin Offerings

The Commodity Futures Trading Commission (CFTC) has now made it clear that, in its view, certain initial coin offerings (ICOs) within the United States or affecting U.S. residents may be within its jurisdiction. On October 17, the… more

Strict Liability and Human Rights Due Diligence – too little too early?

It was a pleasure to speak in Geneva earlier this month at a consultation hosted by the United Nations Office of the High Commissioner for Human Rights (“OHCHR“) on the scope for making businesses strictly liable for human rights… more

California's "New Employee Leave Act" Will Impact Small Businesses

While parental leave rights under existing California and federal law only applied to employers with 50 or more employees, a new California law extends employee parent leave rights – and corresponding employer obligations – to… more

Ending Collusion between EPA and Outside Groups

EPA Administrator E. Scott Pruitt begins his October 16, 2017, directive on transparency and public participation in consent decrees and settlement agreements by stating, “EPA has previously sought to resolve lawsuits filed against it… more

Circuit Amends Decision Affirming Sentence Two Panel Members Deemed “Absurd,” Remands for Resentencing

On October 5, 2017 the Circuit published an amended opinion in United States v. Jones, No. 15-1518 (Walker, Calabresi, Hall), which supplanted a decision issued on September 11 that we covered in an earlier blog post. The amended… more

Looking Beyond Patents at the International Trade Commission—Is the ITC an Underutilized Forum?

The United States International Trade Commission (“ITC”) is an independent, quasi-judicial federal agency responsible for enforcing Section 337 of the Tariff Act, a trade statute designed to protect U.S. industries from injuries caused… more

[Webinar] Cross-Border Data Breach Litigation Settlements - November 2nd, 12:00pm ET

Please join BakerHostetler’s Class Action Defense Team along with Kurtzman Carson Consultants (KCC) LLC, RicePoint Administration Inc. and Affleck Greene McMurtry LLP for “Cross-Border Data Breach Litigation Settlements,” on Thursday… more

SB 649 Small Cell Bill Vetoed by California Governor - Victory for Local Governments

Citing the value of local governments managing their own rights of way, Gov. Jerry Brown vetoed SB 649, the controversial small cell bill, on Sunday. The bill, which barely passed through the state Legislature, would have curtailed… more

Your Daily Dose of Financial News

American Express Chair and CEO Kenneth Chenault announced that he’s stepping down next year after 16 years at the helm of AmEx. He’ll be succeeded by Vice Chair Stephen Squeri… more

Surviving the Retail Shift: Part 3 of a 5 Part Series - Coping with Retail Closures and the Evolution of the Shopping Center, Balancing Creative Uses with Co-Tenancy Provisions

Shopping centers are not dying. The retail landscape is changing, however, and so too are shopping centers. Retail stores have been closing at a breakneck pace, and Wall Street seems to think the worst is yet to come. Investors are… more

SCCE Wrap Up – Final Reflections on CEI 2017

The 2017 SCCE Compliance and Ethics Institute (CEI) is now in the books. Once again, the organization had record setting attendance with over 1,800 attendees from some 41 different countries. During the event, I had the chance to do an… more

Travel Ban 3.0 Blocked by Judges

The most recent travel ban (commonly called Travel Ban 3.0), which was to go into effect today (October 18, 2017) has been enjoined by two federal courts, one in Hawaii and one in Maryland. The Hawaii court blocked implementation… more

Is the New Moral Exemption From ACA Contraceptive Coverage a Game Changer?

Any privately held, for-profit company could potentially be exempt from the Affordable Care Act’s (ACA) requirement to provide comprehensive contraceptive coverage without cost-sharing based on the company’s “sincerely held moral… more

What #metoo Means for Employers: Workplace Harassment in the Age of Awareness

This past Sunday, actress Alyssa Milano posted the following message on Twitter: Me too. Suggested by a friend: “If all the women who have been sexually harassed or assaulted wrote ‘Me too.’… more

California Bans Salary History Inquiries

Employers who routinely ask applicants about their salary history should be aware that in a growing number of jurisdictions that practice may be illegal. Last week, California became the fourth state to enact a law prohibiting private… more

The Acquisition and Leveraged Finance Review – England and Wales

Acquisition and leveraged finance is a fascinating area for lawyers, both inherently and because of its potential for complexity arising out of the requirements of the acquisition process, cross-border issues, regulation and the like… more

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

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