Latest Updates

4 Signs of a Poor Relationship Between a CCO and the Board

Chief compliance officers have to devote more time to establish and maintain a positive relationship with the corporate board or audit/compliance committee. CCOs have a lot of responsibilities and feel a lot of pressure to address… more

General Data Protection Regulation (GDPR) Series, Part #3: GDPR Consent and Fair Processing

The General Data Protection Regulation (GDPR) (EU) 2016/679 of 27 April 2016 which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next several… more

Premium Processing Now Available for Cap H-1B Visas

On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) resumed the premium processing option for Fiscal Year 2018 H-1B cap visa petitions filed for an October 1, 2018 start date. Premium processing guarantees a 15-day… more

Legislature Seeks To Prevent Local Voters From Enacting Many Types of Pro-Development Initiatives

The California Legislature just sent another “stop me before I vote again” bill to the Governor. Assembly Bill 890 proposes to limit severely the scope of voter-sponsored, pro-development land use initiatives. The Governor has until… more

Reviewing the Justices’ Voting Records in Death Penalty Appeals, 1990-2010 (Part 1)

Last week, we discussed the data on how often the Justices of the Court voted with the majority in the Illinois Supreme Court’s death penalty cases between 1990 and 2010 (after which the death penalty was abolished). This week, we… more

Equifax Data Suppliers Urged by DFS to Give Hack “Highest Degree of Attention”

Yesterday, New York’s top financial regulator asked state-chartered banks and insurers to take immediate precautions to protect consumers and the financial markets “in light of the cybersecurity attack” at Equifax Inc… more

Filing Season Reminder: Department Guidance Regarding Massachusetts Partnership and C Corporation Tax Return Filing Due Dates

Effective for tax years beginning after December 31, 2015, the due date for filing federal tax returns for C corporations and partnerships were revised. See Public Law 114-41, the “Surface Transportation and Veterans Healthcare Choice… more

Premium Processing Resumes for Fiscal Year 2018 H-1B Cap Petitions

Seyfarth Synopsis: On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for H-1B petitions filed subject to the Fiscal Year (FY) 2018 cap… more

[Audio]Talking Arbitration With the Peppers Who Wrote the Book

Pepper Hamilton partner Matthew H. Adler chairs the firm’s International and Domestic Arbitration Practice Group and is co-chairman of the Commercial Litigation Practice Group. He is also a lecturer at the University of Virginia School… more

No Twist on Pretzel Crisps on Remand

In a 54 page decision issued on September 6, 2017, the Trademark Trial and Appeal Board (the “Board”) ended (again) a long-standing dispute between snack food makers Frito-Lay, Inc. (“Frito”) and Princeton Vanguard, LLC (“Princeton… more

Protection of servicemembers, Equifax data breach provide mistaken justifications for CFPB arbitration rule

In a mistaken attempt to justify the CFPB’s arbitration rule, supporters are pointing to the need to protect the rights of military servicemembers and the recent Equifax data breach. On September 20, Democratic Senator Jack Reed will… more

What Employers Need to Know About Employee Verification Requirements: Recent Changes to Form I-9 and Challenges Posed by a Natural Disaster

Although immigration has been a hot political topic lately, employers’ obligations to comply with the Immigration Reform and Control Act of 1986 (“IRCA”), 8 U.S.C. § 1324a, have remained consistent for the last few years. As most… more

Who Could Have Predicted? Fair Scheduling Requirements Pose Compliance Challenges for Retail, Restaurant, and Other Employers

After San Francisco passed its Formula Retail Employee Rights Ordinances in November of 2014, making it the first jurisdiction to impose scheduling requirements on private employers, predictive or fair scheduling laws were considered… more

Fourth Circuit Concludes that West Virginia State Law Preempts Local Ordinance Banning Oil and Natural Gas Wastewater Storage

On August 30, 2017, in EQT Production Company v. Wender, the United States Court of Appeals for the Fourth Circuit affirmed a federal district court’s invalidation of a West Virginia county’s ordinance banning oil and natural gas… more

Your Daily Dose of Financial News

The Fed’s Open Markets Committee will wrap up meetings tomorrow, and it’s expected [markets be ready] to avoid a rate hike but reveal the beginning of a measured shrinking of the Fed’s $4.2 trillion mortgage/Treasury bond portfolio… more

No Gifts in Proposed Partnership Audit Regulations

New partnership audit and collection regime rules will soon go into effect, defining who can elect out and enabling the Internal Revenue Service to assess taxes directly against the partnerships it audits. Originally published on… more

Employment News - September 2017 #2

Uplifting – injury to feelings compensation must be increased by 10% - After a number of conflicting decisions in the EAT, the Court of Appeal has confirmed that injury to feelings discrimination compensation awarded in the… more

Senate Passes Increase to Rule 701 Limit

On September 12, 2017, the Senate passed the Encouraging Employee Ownership Act of 2017 (H.R. 1343) which directs the SEC to revise Rule 701 of the Securities Act of 1933 (the "Securities Act") to increase the threshold that triggers… more

Eisinger and Pelletier Talk About The Chickenshit Club

Yesterday I posted a book review of Jesse Eisinger’s book The Chickenshit Club. I also posted a podcast of an interview I did with Eisinger and Paul Pelletier, a partner at Pepper Hamilton, who was a source in the book. The both had… more

TCF National Bank obtains dismissal of CFPB’s Regulation E claims in overdraft services lawsuit

This past January, the CFPB filed a lawsuit against TCF National Bank in Minnesota federal district court that alleged that the bank, in connection with offering overdraft services, violated the Consumer Financial Protection Act’s… more

The Strategy of Introductions as Selling Opportunities

Twenty years ago, I was working as the business development director for the Portland Office of Cooper & Lybrand, the international accounting firm that merged to form PricewaterhouseCoopers. The office at the time consisted of… more

Defending Breach-Of-Contract Claims In Data-Breach Litigation

We’ve previously discussed the “overpayment” theory of injury in data-breach litigation. This theory rests on the premise that the price of a product or service includes a payment for data security measures. When a data breach… more

Meet the (Probable) Next Leader of the NLRB

The White House announced on September 15, 2017, that Vermont labor lawyer Peter B. Robb will be President Donald J. Trump’s nominee to lead the National Labor Relations Board (NLRB). If confirmed by the Senate, Robb will succeed… more

CMS Proposes Cancellation of Bundled Payment Initiatives

On August 15, 2017, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule (the “Proposed Rule”) that, if finalized, would (A) cancel the mandatory Episode Payment Models (“EPM Models”) and Cardiac Rehabilitation… more

Am I liable for my spouse's debts in California?

I'm often asked if someone is liable for their husband's (or wife's) debts. The short answer is "No". Let's explore the rest of the answer… more

Directors’ liability D&O: Entering uncharted territory

Welcome to this the fifth edition in our series of surveys on directors’ liabilities, brought to you by the international law firm Allen & Overy LLP and the global advisory broking and solutions company Willis Towers Watson. We… more

UK Government Publishes Draft of the Data Protection Bill

On 14 September 2017, the Government published the long-awaited draft of the Data Protection Bill (the Bill). The Bill was first announced in the Queen’s Speech on 21 June 2017 (see our previous blog) and will incorporate the General… more

[Video]Day 12 of One Month of Innovation in Compliance-Real Time v. Right Time Monitoring

If it is not clear already this month, innovation does not simply come from a technical or even service perspective but can improve your compliance program from a wide variety of perspectives. We have considered a variety of issues… more

IRS Challenges Ahead For Insurance Producers?

A 2017 Tax Court decision, Fleischer v. Commissioner, may call into question a tax planning strategy commonly used by commissioned brokers and salespersons in many industries. This Alert looks at the impact of the decision on insurance… more

Lawful Permanent Residence: How Not to Lose It

U.S. Customs and Border Protection Officers at ports of entry to the U.S. routinely question returning lawful permanent residents (“green card” holders) about the length of time spent outside the U.S.A. and the nature of their… more

[Video]Compliance Man Goes Global-Episode 1

I welcome you to a new series entitled Compliance Man Goes Global podcast of Compliance Report-International Edition. I am joined by Tim Khasanov-Batirov, a compliance practitioner who focuses on high risk markets for 17 years. In each… more

SEC Office of Compliance Inspections and Examinations Announces Most Frequent Advertising Rule Compliance Issues for 2017

The Office of Compliance Inspections and Examinations (the “OCIE”) published a Risk Alert on September 14, 2017 discussing the most frequent issues that the OCIE observed during its examinations of investment advisers with regards to… more

Duties Owed to All by a Healthcare Provider Sound in Premises Liability, Not Medical Malpractice

In Johnson v. Open Door Community Health Centers, No. A143992, the Court of Appeal, First Appellate District, Division Four, recently held that MICRA did not apply where a patient who was attempting to exit a clinic after the… more

BNA Reports That Tax-Zapping Software Costs States $21 Billion In Taxes Annually

BNA’s Michael J. Bologna and Paul Shukovsky have written a comprehensive article about a pervasive problem facing state tax auditors: the use by restaurants and other cash-intensive businesses of electronic revenue suppression… more

After the Storm: What You Need to Know for Employment Law

Recovering from the effects of a natural disaster, such as Hurricane Irma, can seem daunting, especially for employers having to address the fallout on both professional and personal fronts. It is therefore understandable that human… more

Premium Processing Of H-1B Petitions Further Expanded, Effective Immediately

The US Citizenship and Immigration Service (USCIS) announced today, September 18, 2017, that it will again expand its resumption of premium processing for additional types of H-1B petitions. Effective immediately, H-1B petitions… more

Proposed Fourth Quarter 2017 Universal Service Fund Contribution Factor Jumps – Poised to Hit New High

On September 12, 2017, the Federal Communications Commission’s (Commission) Office of the Managing Director (OMD) released a Public Notice proposing a universal service fund (USF) contribution factor of 18.8% for fourth quarter 2017… more

IBA Self-Regulatory Principles at Center of BBB Decision

Two digital advertising companies are the targets of a recent Better Business Bureau effort to enforce the industry’s self-regulatory principles. The interest-based advertising rules of the road require third parties to provide… more

Paper Published by AFME on Brexit

The Association for Financial Markets in Europe (“AFME“) published a paper on September 6, 2017, which highlighted the necessity of transitional arrangements in the finance sector following Brexit. AFME has made clear that it… more

Capitol Hill Healthcare Update

Republican senators pushing a last-ditch effort to overhaul the Affordable Care Act (ACA) say they are within one vote of having the support needed to pass their bill. Sens. Bill Cassidy (R-La.) and Lindsey Graham (R-S.C.) said they… more

Minimum Wage For Federal Contractors Increased Effective January 1, 2018

Effective January 1, 2018, the minimum wage for federal contractors working on or in connection with contracts covered by Executive Order 13658 will be $10.35/ hour. The announcement was made via posting in the federal register on… more

Industry Responds to CSA Guidance on Cryptocurrency Offerings

The rise in popularity of cryptocurrencies and the spread of cryptocurrency offerings have attracted increased attention from securities regulators in Canada and abroad. Recently, staff of the Canadian Securities Administrators (CSA)… more

ICO Sets the Record Straight on Data Breach Reporting Under the GDPR

The latest in the series of blogs from the UK Information Commissioner’s Office (ICO) looks at some of the myths around data breach reporting under the General Data Protection Regulation (GDPR). Given the misleading press stories on… more

Rating Agency Developments

On September 13, 2017, DBRS issued a report entitled Third-Party Due Diligence Criteria for U.S. RMBS Transactions. On September 13, 2017, Fitch issued a report entitled Fitch Updates Future Flow Securitisation Criteria; No Rating… more

Blog: California Governor Considers Drug Price Reporting Bill and Ban on Discounts and Rebates for Branded Pharmaceutical Products

The California State Legislature sent two new pharmaceutical pricing measures, S.B. 17 and A.B. 265, to Governor Jerry Brown on September 13th. S.B. 17 would impose new reporting requirements on pharmaceutical manufacturers related to… more

Key Points To Know About The Rescission Of DACA

On September 5, 2017, the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) officially rescinded the program known as Deferred Action for Childhood Arrivals (DACA) and implemented a six month phase… more

Ind. Upholds Reduction of Obese Decedent’s Life Expectancy

Actuarial tables put the life expectancy of a 31-year-old male at 46.5 more years. But when Christopher McDaniel died at 31, allegedly as a result of medical negligence, the court calculated his life expectancy at no more than six… more

Blog: SEC Advisory Committee Recommends Changes To Rule 701

On Wednesday of last week, at the final meeting of the SEC Advisory Committee on Small and Emerging Companies (soon to morph into the Small Business Capital Formation Advisory Committee), the Committee heard a presentation on Rule 701… more

[Audio]Hsu Untied interview with David Hashmall, Chairman of Goodwin

Today, my guest is David Hashmall, who serves as Chairman of Goodwin, a leading Global 50 firm with more than 1,000 lawyers. As Chairman, David is responsible for Goodwin’s overall strategy and growth, client relations and external… more

CBP Provides The Trade Community with An Opportunity to Identify Regulatory Burdens for Possible Elimination or Modification

• On September 12, 2017, U.S. Customs and Border Protection issued a Federal Register notice, “Reducing Regulation and Controlling Regulatory Costs,” to request comments from interested parties on CBP regulations, paperwork… more

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