Latest Updates

Expanded Panel of the PTAB Provides Guidance on Serial Petitions for Inter Partes Review of the Same Patents in “Informative” Case (updated)

UPDATE: The PTAB has designated this decision as “informative,” which is a category one step below precedential used to provide guidance for future panels. An expanded panel of the PTAB recently provided additional guidance on when… more

At Last! Relaxation of Federal Securities Regulations for Private Company Stock Incentive Awards may be on the Horizon

Many privately held companies rely on equity compensation awards (typically stock options) to recruit, retain and motivate key employees and other service providers. The issuance of such equity compensation awards generally needs to… more

Five Lessons All Companies Can Learn From The Equifax Data Breach

The Equifax data breach has dominated news headlines for weeks, and Equifax will be dealing with the legal and financial fallout from the breach for many years. While many companies may be relieved not to be in Equifax's position… more

The New Partnership Audit Rules Are Here: Are You Ready? - Construction and Procurement Law News, Q3 2017

The January 1, 2018 effective date of the new federal partnership audit rules is almost here, and we encourage all entities taxed as partnerships to consider addressing the issues posed by these new rules as soon as possible. These… more

Offshore Cybersecurity Guidelines Issued

DNV GL recently issued a new globally applicable recommended practice (DNLVGL-RP-G108) to assist oil and gas operators, system integrators and managers, and vendors in the offshore industry to manage increasing cybersecurity threats… more

To Charter or Not to Charter: Initial Thoughts on Recent Fintech & Banking Developments

A topic of increasing interest in recent months and weeks has been whether and if fintech companies would seek to obtain a bank charter of some sort. The recent decisions by Social Finance Inc. (SoFi) and Square, Inc. to apply for… more

Reminder: FCC Annual 911 Reliability Certification Due October 16, 2017

Annual 911 Reliability Certification - Providers of 911, E911, or NG911 capabilities in the United States must file with the Federal Communications Commission (FCC), by October 16, 2017,* an annual certification of the provider’s… more

Financial crime and investigations update for UK corporates

The law and practice relating to financial crime and investigations is evolving fast. In the past 18 months we have seen two new Acts aimed at combatting financial crime (including the creation of two new corporate criminal offences)… more

Governor Brown Has Another Opportunity To Expand Parental Leave To Small Businesses In California

The New Parent Leave Act has made it to Governor Jerry Brown’s desk awaiting his signature or veto. This bill would mean significant expansion of parental leave for small employers in California. It is uncertain whether Governor Brown… more

Emanuel Confirmed To NLRB, And GOP Now In The Majority

Management-side labor attorney William Emanuel was confirmed by the Senate today as a Member of the National Labor Relations Board. Mr. Emanuel’s confirmation gives the Republicans a 3-2 majority on the Board… more

Is Pawternity Leave The Next New Trend?

There are few things I love more in life other than dogs and beer. So when I saw this article I was delighted! A beer company, called BrewDog, has decided to pay its employees a week of new puppy leave dubbed “pawternity” or… more

Council on Environmental Quality Takes First Step to Implement Trump Executive Order on Streamlining Federal Environmental Reviews

On September 14, 2017, the Council on Environmental Quality (CEQ), which oversees compliance with the National Environmental Policy Act (NEPA) by federal agencies, announced a list of planned actions to implement President Trump’s… more

CMS Calls for “New Direction” for Innovation Center, Invites Ideas for New Payment Models

The Centers for Medicare & Medicaid Services (CMS) CMS has announced a “new direction” for the CMS Innovation Center that is intended to “promote patient-centered care and test market-driven reforms.” The goal of these reforms – which… more

Healthcare & Life Sciences Private Equity Deal Tracker: Avista to Acquire Miraca Life Sciences

Avista Capital Partners will acquire Miraca Life Sciences from Miraca Holdings, according to a news release. Miraca Life Sciences, based in Irving, Texas, is a national, independent anatomic pathology lab providing subspecialty… more

ICO Publishes Draft Guidance on Contracts and Liabilities Under the GDPR

The UK’s Information Commissioner (ICO) has published draft GDPR guidance on contracts and liabilities between controllers and processors. The draft guidance is currently open for consultation,with responses due by 10 October 2017… more

Capitol Hill Healthcare Update

Republicans’ last-ditch effort to overhaul the Affordable Care Act (ACA) suffered potentially fatal blows as GOP senators in recent days voiced either outright opposition to or serious reservations about legislation pushed by Sens… more

[Video]Day 17 of One Month of Innovation in Compliance-Using Employees to Innovate

How do you tap into your largest resource of innovation for your compliance program, which is of course your employee base?… more

“Time-Tracking Snafu” Not Willful Violation Of FLSA

The Third Circuit ruled last week that a governmental employer who failed to pay overtime due to a “time-tracking snafu” had not willfully violated Fair Labor Standards Act (FLSA). Plaintiffs in Souryavong v. Lackawanna County alleged… more

The Federal Government Procurement Process Could Go Digital

In order to keep up with online marketplaces available at the “one touch” of a smartphone, the federal government is doing its part to bring its procurement process into the digital age. Legislation passed earlier this year by the… more

CMS Corrects Sunshine Act CMP Regulations due to Inflation Adjustment Error

CMS has just corrected an error in a 2016 rulemaking that inadvertently called for a 10-fold increase in certain “Sunshine Act” civil monetary penalties (CMPs). Under section 1128G of the Social Security Act, applicable… more

California Joining The Ban The Box Bandwagon?

California may be the next jurisdiction to implement statewide “ban the box” legislation. Assembly Bill 1008 made its way from the Assembly through the Senate, and now awaits action from Governor Jerry Brown… more

Municipal Securities Market Gets Guidance From MSRB On Avoiding Selective Disclosures

The Municipal Securities Rulemaking Board recently issued a Market Advisory on selective disclosure in the municipal market that merits attention. MSRB is a self-regulatory organization established by Congress to regulate the… more

Breaking Immigration News: Travel Ban 3.0 Released, New Countries Targeted

On September 24, 2017, President Trump issued Travel Ban 3.0 restricting travel to the United States from eight countries, including five that were subject to the previous travel ban. This new travel ban was issued as the last travel… more

Employer Health Plan Premiums Rose In 2016, But Just Barely

Premiums for Affordable Care Act (ACA) marketplace coverage continue to sky rocket, with the average cost of a benchmark plan in the individual market place rising 20% this year. There is very different news for employer-sponsored… more

CMS Call: IMPACT Act and Improving Care Coordination (Sept. 28)

CMS is hosting an Open Door Forum conference call September 28, 2017 to provide information and solicit feedback on the Improving Medicare Post-Acute Care Transformation Act of 2014 (IMPACT Act). Among other things, the call will… more

Energy Hearings this Week

Senate Energy and Natural Resources Committee hearing on Bruce Walker to be assistant Energy secretary for electricity delivery and energy reliability; and Steven Winberg to be an assistant Energy secretary for fossil energy. Date:… more

Trump Issues Country-Specific Travel Ban

President Donald Trump has issued a proclamation that imposes new travel restrictions on eight countries, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry in to the United States by Terrorist or Other… more

Price of Oil, Rig Count And Lease Sale: Show Me The Money!

After reading this weekend’s headlines and checking the stock market, Tom Cruise in the movie Jerry Maguire yelling, “SHOW ME THE MONEY” has been ringing in my head this afternoon… more

Understanding Property Tax Delinquency in Indiana Law

What happens if an Indiana property owner fails to pay property tax? If this is a persistent failure, the property owner will be subject to sanctions under Indiana Code §§ 6-1.1-24 and 25 et seq. The ultimate sanction — the “death… more

New York Virtual Currency Business License: What To Know

New York entrepreneurs in the virtual currency space must be careful to follow New York’s licensing requirements enacted under Financial Services Law Sections 102, 104, 201, 206, 301, 302, 309, and 408. Under the new regulations issued… more

CFPB Arbitration Agreements Rule Takes Effect Pending Legislative Showdown

The Consumer Financial Protection Bureau (CFPB or Bureau)’s Arbitration Agreements Rule (“the Rule”) took effect on September 18, 2017. The Rule, which bans class action waivers in arbitration agreements in contracts for consumer… more

Portions of the FCC’s Recent Wireless License Renewal Order Take Effect Oct. 2nd, but Key Rule Sections Delayed Pending OMB Review

At the beginning of August, the Federal Communications Commission (“FCC”) took steps to reconcile a diversity of renewal requirements and permanent discontinuance conditions within its rules for many of the licensed radio services… more

Can NFL Players Be Fired, Disciplined For Protesting During National Anthem?

President Donald Trump has suggested that the National Football League’s television ratings decline was caused by “fans seeing those people (players) taking the knee when they’re playing our great national anthem.” Trump has urged fans… more

Drug Cartel Heirs Have Netflix In Their Crosshairs

Drug cartels are notorious for murder and extortion, but the family of the late drug lord Pablo Escobar has unleashed the scariest weapon of all–trademark litigation. Escobar, Inc. has a longstanding grudge against the Netflix… more

Seventh Circuit Calls Time Out on Employee Leaves

Handling employees who seek additional leave for a disability after exhausting all Family and Medical Leave Act (FMLA) time frequently gives employers headaches. It has long been the position of the EEOC that where an employee is… more

CMS Unveils New Medicare Beneficiary Card, Encourages Providers to Prepare Systems for Transition to New Numbers

In order to protect Medicare beneficiaries from fraud and identity theft, CMS has unveiled a new Medicare card that removes the beneficiary’s Social Security number from the card. Specifically, the current Social Security-based number… more

[Audio]Hsu Untied interview with Jorge Del Calvo, Partner at Pillsbury

Today, my guest is Jorge del Calvo, a Senior Partner in the Silicon Valley office of Pillsbury Winthrop. Over his career, Jorge has established himself as one of the most prolific and experienced IPO attorneys in the country and has… more

Building a Health App? Part 2: Protecting Your Intellectual Property

This post is the second in a series of weekly blog posts covering legal issues for consideration during the early stages of development of a health app and providing best practices to help guide you through a successful launch… more

Sweeping Changes to French Labor Laws Signal Employer-Friendly Future

Today, the French labor market experienced the start of a power swing, from its historically employee-friendly labor regime to a more employer-friendly set of laws, intended to provide employers with greater flexibility in the employee… more

Federal Coal Combustion Residuals Rule: U.S. Environmental Protection Agency Administrator Grants Petition for Reconsideration

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt granted in a September 13th letter petitions for reconsideration from the Utility Solid Waste Activities Group (“USWAG”) and AES Puerto Rico LLP… more

Greenhouse gas emissions trading schemes: A global perspective - Mexico

Implementation of a cap-and-trade program and compliance market is expected by 2021 - In 2012, Mexico enacted the General Law on Climate Change (GCCL), which required the creation of a national registry for greenhouse gases and… more

New Developments on the Scope of the Registered Investment Adviser Exemption under Section 16 of Exchange Act

Hedge funds and other private investment funds can take advantage of the exemption for registered investment advisers (RIAs) under Exchange Act Rule 16a-1(a)(1)(v), the "RIA Exemption." While the exemption can be helpful, it can be… more

UPDATE: President Trump Issues New Travel Ban for Eight Countries, Ends Temporary Protection for Sudanese

The White House has announced its newest executive order on immigration, placing travel bans and restrictions on seven countries in Africa, the Middle East, the Persian Gulf, and Asia.  In a separate decision, President Trump ended… more

United States Imposes Additional Sanctions Targeting North Korea

On September 21, 2017, President Trump signed an Executive Order (EO) entitled "Imposing Additional Sanctions with Respect to North Korea." The EO authorizes the US to impose blocking sanctions on North Korean persons, persons who are… more

U.S. Citizenship and Immigration Services Tightens Requirements on Green Card Applications for Renewing Advance Parole Travel Authorization Documents

The United States Citizenship and Immigration Services (USCIS) recently adopted a new policy for travel document applications that should be taken into account by those applying for green cards. Under the new policy, the agency will… more

DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft

The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically, under 18… more

The Environmental Council of the States: Arkansas Department of Environmental Quality Director Keogh Elected Vice President

The Environmental Council of the States (“ECOS”) issued a September 12th news release stating that Becky Keogh has been elected Vice President of the organization. Ms. Keogh serves as Director of the Arkansas Department of… more

Don’t Let Your “Safety Minutes” Become Routine.

Many companies open certain meetings with a “Safety Minute.” Often, the home office develops weekly or daily Safety Minutes for crews to use at pre-work meetings. Ideally, the Company’s leadership requires other meetings to open with a… more

CFIUS Publishes 2015 Annual Report and 2016 Statistics Amid More Recent Dynamic CFIUS Environment

The Committee on Foreign Investment in the United States (CFIUS) recently released the public version of its Annual Report covering calendar year 2015 along with some statistics regarding filings in calendar year 2016. By statute… more

When You Have a Lot of Custodians, Life Can Be a Batch: eDiscovery Best Practices

After Tom O’Connor and I hosted the webcast On Premise or Off Premise? A Look At Security Approaches to eDiscovery where we discussed the pros and cons of on premise and off premise (i.e., cloud) solutions last month, I received a… more

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