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Appellate Court Notes

Appellate Court Advance Release Opinions: AC37588 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC - When a commercial condominium unit owner’s association refused to grant their approval for a crematorium to be…more

HM Treasury Consults on Definition of Financial Advice

HM Treasury published a consultation paper on amending the definition of regulated advice under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 to bring it in line with the definition of “investment…more

Contract Corner: Term (Part 1)

What is the term of your contract? It is one of the most basic questions with regard to any agreement, but drafting provisions regarding the “Term” raises multiple issues, both legal and practical…more

Clinton vs. Trump: How the U.S. Presidential Election Could Impact IP Law

A great deal has been made of the distinct policy differences between Democratic Presidential Nominee Hillary Clinton and Republican Nominee Donald Trump in such areas as immigration, national defense, crime and taxation. But the 2016…more

EU Legislation Listing High-Risk Third Countries under the Fourth Money Laundering Directive

A Commission Delegated Regulation identifying high-risk third countries with strategic deficiencies under the Fourth Money Laundering Directive was published in the Official Journal of the European Union, based on deficiencies…more

Digging deeper: Chinese cross-border mining M&A steals the spotlight

Mining M&A is now a China story. The country has served as one of the few legitimate catalysts for deals since January 2015, closing 20 cross-border mining acquisitions worth approximately US$8.3 billion. The momentum has continued in…more

Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066. The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in California…more

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified California…more

European Securities and Markets Authority Publishes Initial Proposals on the Trading Obligation under MiFIR

The European Securities and Markets Authority published a discussion paper on the trading obligation for derivatives under the Markets in Financial Instruments Regulation. The trading obligation is applicable to classes of derivatives…more

Does An Emailed Copy of a Complaint Start the 30-Day Removal Clock?

In today’s litigation practice, a defendant often receives a copy of a filed complaint before it is formally served with the pleading. Sometimes, plaintiff’s counsel emails a copy to the defendant’s counsel after filing. If it is a…more

Breaking bad: Tackling European NPLs

The latest EBA stress test results paint a broadly positive picture for Europe's banks but high levels of non-performing loans continue to weigh down heavily on Europe's banking sector…more

Aftermath of the Yahoo Breach: M&A Risk and Cybersecurity

In the midst of its acquisition by Verizon Communications Inc., Yahoo Inc. disclosed what looks like one of the largest reported thefts of user information in U.S. history. Yahoo has confirmed that a “state-sponsored” hacker…more

Rules Amendments Mean That Proportionality Limits Even MDL Discovery

We’ve blogged several times over the past couple years about the 2015 amendments to the federal rules as they pertain to discovery, including electronic discovery. Earlier this year, after the amendments had been in effect for a few…more

Ugly details emerge on how Big Pharma fueled painkiller scourge

New information has surfaced about Big Pharma’s relentless campaign to sell the public on prescription, opioid painkillers-powerful, addictive drugs whose wide availability and abuse now has become a killer scourge that claims almost…more

EEOC Sues M&T Bank for Disability Discrimination

Bank Fired Manager Instead of Accommodating Her Disability, Federal Agency Says - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, violated federal law when it refused to provide a reasonable…more

Electronic Discovery Preparedness Audit Handbook

While your organization may not regularly be involved in costly or complicated litigation, there are instances in which it may nonetheless be required to identify, collect, and produce documents most likely in the form of…more

The Financial Report, Volume 5, Number 18

The SEC recently adopted new rules that substantially amend Form ADV under the Investment Advisers Act of 1940, as amended (the Advisers Act). Although not as comprehensive as the Form ADV amendments adopted in 2011, the new rules…more

How Construction Contracts are Made. Hint: It’s a Bit Like Making Sausage

Construction can be a messy affair. In a sense, that’s to be expected when you’re building a complex structure, involving the coordination of several parties and numerous persons, in the natural environment and in the elements, subject…more

New York Regulators Propose Stricter Cybersecurity Rules

On September 13, 2016, New York Governor Andrew Cuomo proposed first-of-their-kind rules that would require financial institutions to develop and implement detailed cybersecurity programs. The proposed rules would apply only to banks…more

Few Give Their Policy Management Systems Passing Grades

This article originally appeared on TLNT. The days of organizations conducting policy management through spreadsheets, email and generic document-sharing platforms aren’t over yet. But they probably should be. Originally published…more

UK Payment Systems Regulator Designates BACS Current Account Switching Service as an Alternative Arrangement

The UK Payment Systems Regulator published a decision designating the Current Account Switch Service operated by BACS Payment Schemes Limited as an alternative arrangement under the Payment Accounts Regulations 2015..…more

Overview of Recent Changes to ICC Arbitration Proceedings

The International Court of Arbitration (the Court), the arbitral institution of the International Chamber of Commerce (ICC), recently announced a series of changes to ICC arbitration proceedings. The new policies are summarized below…more

Regtech rising: Automating regulation for financial institutions

Regulatory compliance is timeconsuming and expensive for both financial institutions and regulators. The volume of information that parties must monitor and evaluate is enormous. The rules are often complex and difficult to understand…more

New FAA Statutes and Rules for Commercial Drone Operations will Benefit Utilities

New FAA rules broadly authorizing commercial drone operations are now in effect and the utility sector stands to benefit significantly. The new rules provide utilities the opportunity to utilize drones to reduce costs and increase…more

The Rosenbaum Law Firm Review - September 2016 #2

How 401(k) Plan Sponsors Can Improve Their Plan At Little Cost. It doesn't have to cost much. There are many ways that a retirement plan sponsor can improve their 401(k) plan, but they usually balk when it comes to the time…more

Jointly-Owned Property: Not Always the Right Plan

For any number of reasons, you have decided to add a partner, child, or close friend as a joint owner on one or more of your assets. Perhaps you are concerned about becoming disabled, and want to know that your loved one can easily…more

Renewable Energy Update - September 2016 #4

Renewable Energy Focus - Los Angeles takes ‘enormous step’ toward 100% renewables - North American Windpower - Sep 19 - The Los Angeles City Council has unanimously approved a measure that instructs the Los Angeles…more

New York Department Of Financial Services Proposes New Cybersecurity Regulations For Financial Institutions

On Tuesday, September 13, 2016, the New York Department of Financial Services unveiled new proposed cybersecurity regulations aimed at banks, insurers, and financial services companies, imposing a host of obligations on these…more

Massachusetts Hospital Licensing Regulations Proposed Amendments – Key Take-Aways

The Massachusetts Department of Public Health (DPH) has released for public comment proposed amendments to DPH’s Hospital Licensure Regulations (105 CMR 130.00) (the “regulations”). The proposed amendments are designed to enable the…more

5 Questions to Help Prepare for a Ransomware Attack

The news has been filled this year with reports of ransomware attacks against companies and government agencies, including even law enforcement. Ransomware refers to a type of malware that encrypts or otherwise restricts access to a…more

Thompson Coburn presents a CLE on FSMA, looming deadlines and new regulations: Is the food industry ready?

The US Food and Drug Administration continues its ongoing implementation of the Food Safety Modernization Act of 2011 (FSMA). The law, which aimed to take the first hard look at the American food supply in decades, has resulted in a…more

Final Regulations Define “Real Property” for REITs: Considerations for Renewable Energy and Transmission Assets

The recently released final regulations are generally consistent with the 2014 proposed regulations in their treatment of renewable energy and transmission assets, with several useful clarifications provided…more

September 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s selection of carriers to operate U.S.-Havana and U.S.-Tokyo (Haneda) air services, the FAA’s implementation of its small unmanned aircraft systems/drone…more

Advertising in MA: Can Consumers Bring Class Actions for ‘Deceptive’ Advertising that has Neither Deceived Nor Harmed Them?

If your company advertises and sells products in Massachusetts, it could be subjected to a class action lawsuit by Massachusetts consumers who purchased one of its products if the consumers can show that a reasonable person could have…more

Damages for Seller’s Breach of a Real Estate Purchase and Sale Agreement: a Recent Case Example

When a seller breaches a purchase and sale agreement and fails to complete the sale to the buyer, the buyer’s usual remedy is to seek “specific performance” of the agreement — i.e., a court judgment ordering the seller to complete the…more

As Goes New York So Goes The Nation? Ten Highlights From New York’s Proposed Cybersecurity Rules For Banks, Insurance and Financial Institutions

In a presidential election year, Americans are often reminded that “As Ohio goes, so goes the nation.” When it comes to banks, insurers and financial institutions, it may be equally true to say “As goes New York, so goes the nation.”…more

European Court Of Justice: Linking To Playboy Pics May Infringe Copyright

On September 8, 2016, the European Court of Justice rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies…more

Keeping Chinese tech talent

The Chinese government announced plans in May to promote innovation-driven development, with the aim of becoming an 'innovative nation' by 2020, an international leader in innovation by 2030, and a scientific and technological…more

CFPB Brings Administrative Lawsuits Against Five Arizona Title Lenders

On September 21, the Consumer Financial Protection Bureau (CFPB) announced that it filed five individual administrative lawsuits against Arizona title lenders. Each suit concerns allegations that the title lenders’ online…more

FDA Approves Amjevita -- Amgen's HUMIRA® Biosimilar

On September 23, 2016, the FDA approved Amgen's application to market Amjevita (adalimumab-atto), a biosimilar to AbbVie's HUMIRA (adalimumab) fully human anti-TNF-a antibody. This marks the fourth biosimilar approved by the FDA…more

A Sweepstakes Lawyer Can Help Keep Promotion Sponsors out of Hot Water

Last Thursday, the Federal Trade Commission (the “FTC” or “Commission”) sued several individuals and businesses in a Los Angeles federal court for engaging in allegedly deceptive sweepstakes sponsorship and marketing practices…more

Employment Law Navigator – Week in Review: September 2016 #4

Last week, 21 states filed a lawsuit challenging the Department of Labor’s new overtime rules. Within hours, another suit was filed by the U.S. Chamber of Commerce and business groups. The lawsuits contend that the Department of Labor…more

Why is Anyone Surprised with the SEC Examining Firms with Previously Disciplined Advisors?

On Monday, September 12, 2016, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) announced that a “Supervision Initiative” will take place across the country. OCIE staff will conduct focused RIA examinations of…more

Precarious steps: patent eligibility for healthcare IT

The healthcare IT market, comprising electronic medical records, diagnostic systems and medical devices, is expected to top $100 billion this year. But this growth is tempered by an often hostile landscape for patenting, especially…more

November 2016 Colorado Ballot Finalized – Seven Citizen Initiatives and Two Referred Measures Make the Ballot – Campaigns Report Latest Funding

With the deadline to turn in signatures passed and the Secretary of State’s office completing its review, the 2016 ballot has been finalized. A list of those that will appear on the ballot, along with each campaign’s latest report of…more

California Environmental Law & Policy Update - September 2016 #4

Environmental and Policy Focus - California sets reduction targets for black carbon, other climate pollutants - San Diego Union-Tribune - Sep 19 - Governor Jerry Brown on Monday signed into law Senate Bill 1383, authored…more

New Capital-Raising Initiatives for Alberta-based Start-up Businesses

On July 26, 2016, the Alberta Securities Commission (ASC) adopted a start-up business exemption (ASC Rule 45-517 Prospectus Exemption for Start-up Businesses), which is designed to be a simpler and less costly capital raising…more

Postdiluvian Perils: Second Circuit Weighs Coverage For Losses Suffered After The Waters Recede

As this blog has reported, exclusions and limits for flood coverage have generally held up against the tide of claims arising from Superstorm Sandy. Now that the water is gone, however, new losses have been discovered, and new…more

Rail Passenger Rights Extended from 1 October 2016

Introduction - On 6 September 2016, the UK government announced that the Consumer Rights Act 2015 (the Act) will apply in full to all mainline passenger rail services from 1 October 2016. This represents a significant U-turn…more

Banking & Financial Services E-Note - September 2016

In an article published in the September / October issue of Commercial Real Estate Investment Magazine, Drew Demers provides guidance on how commercial loans and bank-owned real estate sales have changed due to growth in secondary…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Perhaps nothing is more complex in the corporate world than doing business at the intersection of science, law, and policy. Regulatory compliance, product approvals, and product defense must keep…

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