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Part 5 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 5 of a Seven Part Guide to reviewing vendor contracts. Vendor Notice Requirements - Business - Strategic Changes. There are several categories of events the bank will want to be notified about. The first…more

With Short-Term Government Funding Bill in Place, Congress Adjourns until after Elections

On September 29, 2016, President Obama signed into law HR 5325, which averts a government shutdown by continuing funding for the federal government through December 9, 2016. The legislation also includes $1.1 billion in supplemental…more

Cutting Through the Fog: The Applicability of DOL Conflicts of Interest Rule to Financial Advisors

The Department of Labor’s (DOL’s) new Conflicts of Interest rule1 expands the scope of the definition of “fiduciary” under ERISA2 and the Code3 to cover more classes of financial advisors. This rule replaces a long-standing regulatory…more

September 2016: EU Litigation Update

Brexit, Jurisdiction, and Choice of Law: Plus Ça Change? For lawyers schooled in the idioms of Brexit, there is, in addition to the so-called “four freedoms” (for the free movement of goods, services, people and capital throughout the…more

[Video]The Insider Trading Cartoon Series, Vol. X -- Tipping (pre-Newman)

Are you getting geared up for United States v. Salman in the U.S. Supreme Court?  First, how does one become liable in a "tipping" insider trading case?  We have some characters that will tell you:…more

Pennsylvania’s Long Arm Overreaches The Constitution And Bauman

The U.S. Supreme Court’s game-changing Bauman opinion in 2014 has us writing a lot on personal jurisdiction. A while back we marveled over how quickly lower courts have responded to Bauman. We had anticipated that it would take the…more

Beyoncé’s copyright case was destined for dismissal

For an entertaining education in how to analyze copyrightable similarity, you can’t do much better than U.S. District Cout Judge Jed S. Rakoff’s decision in Fulks v. Knowles-Carter (which you may wish to think of as Fulks v. Beyoncé)…more

Bad Faith Conduct: How Bad is Bad Enough Under PA Law?

As has been widely reported, the Pennsylvania Supreme Court recently granted a petition for allowance of appeal in the matter of Rancosky v. Washington Nat. Insurance Co. in order to address a challenge concerning the standard to be…more

From Implementation to Takeoff: Nine Months Later, OFAC Issues Licenses to Boeing and Airbus for Commercial Aircraft Deals With Iran

The beginning of the year brought the arrival of “Implementation Day” under the Joint Comprehensive Plan of Action (JCPOA) and its potential for business opportunities in Iran that had been shut off for decades (See Jan. 22, 2016…more

UPDATE: Bill Requiring Mandatory Training for Alcohol Servers Vetoed by Governor Brown

Update (9.30.16): California Governor Jerry Brown has vetoed AB 2121, a bill that would have required bartenders to complete a course to help them identify customers who may be intoxicated and to intervene. Under the bill…more

Will anyone be offended if the Supreme Court finds the disparagement provision of the Lanham Act invalid?

Yesterday, the Supreme Court of the United States announced that it has granted certiorari in Lee v. Tam, a case closely followed by trademark law gurus. Lee is before the Court after the United States Court of Appeals for the Federal…more

Exercising a Real Estate Option: the Devil is in the Details

Leases often contain options to renew or extend the lease, and sometimes also an option to purchase the property at the end of the lease term. Under California law, some cases have strictly enforced the procedural requirements for…more

Doryx: Third Circuit Affirms Dismissal of Product Hopping Claim

On September 28, 2016, in Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Co. (Doryx), the Third Circuit affirmed the lower court's grant of summary judgment against antitrust claims by generic manufacturer Mylan regarding…more

California Governor Signs Four Bills Affecting Density Bonus Projects

On September 28, 2016, Governor Brown signed new legislation relating to the construction of affordable and market-rate housing. Although AB 2501 has drawn the most attention from commentators and the media, AB 2442 and AB 2556 also…more

Pay-To-Play Meets The California Labor Code

In 2010, the Securities and Exchange Commission adopted a rule (17 CFR § 206-4(5)) prohibiting an investment adviser from providing advisory services for compensation to a government client for two years after the adviser or certain of…more

Franchise Opportunities: One Size Does Not Fit All

Purchasing a franchise opportunity has become a popular means of pursuing a new business venture. The idea of joining an established group and utilizing a recognized brand can offer an added level of comfort when going into business…more

Road to the Oval Office Podcast: The Race Tightens

Mark Alderman, Howard Schweitzer and Blake Rutherford discussed the current status of both campaigns and previewed the first presidential debate. Blake: Thank you very much and welcome everyone to Road to the Oval Office. We are…more

“Disparaging” Federal Trademark Registrations: Gearing Up for the Main Event

Today the Supreme Court agreed to decide an ongoing conflict, pitting a trademark registrant’s First Amendment rights against longstanding law precluding trademark registration of “disparaging” marks…more

A Report From the Risk Retention Front-Lines

Your correspondent is fresh from the front-lines of the risk retention wars where great armies of lawyers, bankers and advisers are fixedly staring at each other, staring out of the redoubts of their respective defensive crouches in a…more

Tokyo Dispute Resolution & Crisis Management Newsletter – September 2016

A Sleeping Sword – Protection for Japanese Corporations Investing Outside of Japan - A Guide to International Investment Agreements - Introduction - Over the past twenty years, International Investment Agreements…more

Governor Signs California “All Gender” Bathroom Bill

We posted before on AB 1732, which Governor Brown signed yesterday. This law prohibits businesses and government entities from labeling any “single-user toilet facility” as either “male” or “female.” It defines “single-user toilet…more

No Small Potatoes: Patenting Spuds in an Era of Gene Silencing

During a 1911 journey—in which he would discover Machu Picchu—Hiram Bingham’s exploration party came across native Peruvians who “lived almost entirely on gruel made from chuño, frozen bitter potatoes. Little else than potatoes will…more

Sisyphus Touring Inc. v. TMZ Productions Inc. - USDC, Central District of California, September 23, 2016

District court dismisses copyright infringement suit brought by actor and musician Jared Leto against TMZ.com for posting video of him criticizing Taylor Swift, finding Leto did not own video and videographer validly transferred…more

Advertising Law - September 2016 #4

CARU: Sponsored Videos Need Clear, Prominent Audio Disclosures - Taking a stand on social media influencers and the “unboxing” video trend, the Children’s Advertising Review Unit (CARU) recommended that popular YouTube channels…more

EU Court Confirms European Commission’s Decision on Pay-for-Delay Agreements

On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of generic companies for…more

“Processing System” Does Not Render Claims Indefinite

The Federal Circuit relied on Nautilus to preserve functional language of a method claim in a decision published last Friday. In Cox Comm, Inc. v. Sprint, No. 2016-1013, the Federal Circuit held that the term “processing system” did…more

Beyond Bitcoin: Barriers to Use of Distributed Ledger Technology (Part 2)

In Part 1, we provided an introduction to “Blockchain,” the distributed ledger technology behind Bitcoin. In Part 2, we discuss some of the business and legal obstacles standing in the way of widespread acceptance of this technology…more

Recently Introduced Legislation Could Lead to Increased Claims for Municipalities

A bill proposed in the Ohio Senate could have a significant impact on Ohio municipalities’ budgets going forward. Ohio Senate Bill 5 would create an exception to Ohio law allowing for police officers, fire fighters and other first…more

Continuing to Play Following Concussion Can Prolong Recovery And Expose Athletes to Catastrophic Second Impact Syndrome

A new study published in the September, 2016 issue of Pediatrics provides evidence that returning to play immediately following a sports related concussion, even without a “second impact” nearly doubles, on average, the length of time…more

The Big Picture: EU's Financial Regulation Offensive

In the aftermath of the financial crisis, the national and international response by legislators and regulators has been to substantially overhaul and increase financial regulation applicable to banks and other financial institutions…more

DOL Issues Final Rule on Government Contractor Sick Pay

The U.S. Department of Labor issued its Final Rule on Thursday, September 29, 2016, implementing a 2015 Executive Order requiring federal contractors to provide at least seven days of paid sick leave annually. Under the Final Rule…more

PA Supreme Court Declares Portion of Slot Machine Tax Unconstitutional; Provides Possible Preview of Pending NOL Cap Case

The Pennsylvania Supreme Court finds municipal share assessment unconstitutional. The Court held that the municipal share assessment, imposed on slot machine revenue, is a non-uniform progressive rate structure that violates the…more

What is “Immediate and Appropriate”?

In recent posts, we have written about old and new forms of sexual harassment and about the employer’s obligation to investigate harassment complaints. This week, we address what happens when the investigation is complete and the…more

Donations and Grants in China: Compliance Controls Beyond T&E

While travel and entertainment expenses have presented significant compliance challenges for life sciences companies operating in China, donations and grants can also pose notable compliance risks. China’s escalated anti-corruption…more

CFPB reports on research project offering savings incentive to prepaid card users

The CFPB released a report, “Tools for saving: Using prepaid accounts to set aside funds,” that presents the results of a research project involving a pilot program offering an incentive to prepaid card users to use a savings feature…more

BREAKING: DOL Publishes Final Rule Requiring Federal Contractors To Provide Paid Sick Leave To Employees

Today, the U.S. Department of Labor (“DOL”) published its final rule implementing Executive Order 13706 (the “Final Rule”), which requires certain federal contractors and subcontractors to provide paid sick leave to their employees…more

California Passes Revised Uniform Fiduciary Access to Digital Assets Act

On September 24, 2016, the Governor of California approved the California Revised Uniform Fiduciary Access to Digital Assets Act, which “would authorize a decedent’s personal representative or trustee to access and manage digital…more

New Federal Law Protects Trade Secrets

A company’s trade secrets are its lifeblood, but they are valuable only if they remain secret. Faced with a growing rise in theft from foreign hackers, nation states, and rogue employees, trade secret owners now have a new legal weapon…more

The Federal Reserve’s Proposed Rollback of Physical Commodities Authority for Financial Holding Companies

On September 23, 2016, the Board of Governors of the Federal Reserve System (the “FRB”) issued a proposed regulation concerning the ability of a financial holding company (“FHC”) to engage in physical commodities activities (the…more

Massachusetts Determination of Need Proposed Regulations

On August 23, 2016, the Massachusetts Department of Public Health (“DPH”) proposed a major revision of its Determination of Need (“DoN”) regulations, 105 CMR 100.00, and held the first of two public hearings on the proposed amendments…more

SEC Brings Second Whistleblower Retaliation Case

The SEC has brought its second case for retaliation against a whistleblower against International Game Technology. According to the SEC, the whistleblower, a director of an IGT division, started working at IGT in 2008 and received…more

It's Time For Your Buy-Sell Checkup!

Shareholders, Partners and/or LLC members of any closely-held or family-held company should check the buy-sell formula contained in their Shareholder Agreement (sometimes called a Buy-Sell Agreement), Partnership Agreement or Operating…more

Proskauer Joins Heads of SEC & OSHA Whistleblower Programs in Webinar

On September 27, 2016, Proskauer Partner Steven J. Pearlman, co-head of the Whistleblowing & Retaliation Practice Group, participated in a Bloomberg webinar with Jane Norberg, Acting Chief of the SEC Office of the Whistleblower…more

Ninth Circuit Holds that Fannie Mae and Freddie Mac Are Not Agents of the Government Under the False Claims Act

In United States ex rel. Adams v. Aurora Loan Servs., 813 F.3d 1259 (9th Cir. 2016), the Ninth Circuit affirmed the district court’s dismissal of Relators False Claims Act (“FCA”) complaint, holding that the Federal National Mortgage…more

[Video]This Week in FCPA-Epiode 24, the SCCE Edition

Show Notes for Episode 24, week ending September 30, 2016-the SCCE Edition 1. Misonix discloses possible FCPA violations, 2. The Anheuser-Busch InBev SEC FCPA enforcement action, 3. Och-Ziff SEC FCPA enforcement action, click…more

Energy Sector Alert Series: The Future of Energy and Environment Policy Under a Clinton or Trump Presidency

Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, lawyers from across the firm will discuss issues ranging from cybersecurity…more

It's beginning to feel a lot like the 2017 revaluation

Businesses up and down the land will be waking up today with the excitement of a six-year-old on Christmas morning. Today, the Valuation Office Agency releases the draft Rateable Value assessments it has made for all of the assessed…more

Your daily dose of financial news - The Brief – 9.30.16

NY hedge fund Och-Ziff has agreed to pay a $413 million fine as part of a deferred-prosecution agreement with US regulators over allegations that it was involved in the payment of more than $100 million in bribes to African officials…more

Loi Travail : sécurisation des forfaits jours

Labour law provides a number of adjustments to secure, now, annual annual working days in relation to the case raised requirements in recent years. 1. On 10 August 2016, new clauses must be provided by enterprise agreements…more

Massachusetts Releases 2017 Acute Hospital Request for Applications and Contract

On August 24, 2016, the Massachusetts Executive Office of Health and Human Services (“EOHHS”) released the Rate Year 2017 Acute Hospital Request for Applications and Contract (“RY17 RFA”), which establishes the rates, reimbursement…more

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