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[Video]Videocast: Regulatory Aspects of Setting Up Education Programs Overseas

Establishing overseas educational programs or campuses can be a complex, expensive and resource consuming endeavor that can take years. Regulations, local laws and tax implications differ from jurisdiction to jurisdiction thus creating… more

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 it… more

Is There a Silver Lining with Hurricane Irma?

On September 10-11, 2017, Florida was pounded by Hurricane Irma. It appears that only northwest Florida was spared the wrath of this storm. Landfall occurred near Cudjoe Key in south Florida and for the next 24 hours the storm crawled… more

Antitrust Division to International Community: “Imperative that Competition Agencies Work Together”

For several years, the Antitrust Division’s investigations have been increasingly global in scope. Acting Assistant Attorney General Andrew Finch made clear that trend will continue in remarks at a conference on International… more

Construction E-Note - September 2017

In an article published in the September/ October 2017 edition of the Associated Builders and Contractors’ Building Central Florida magazine, Peter Vilmos discusses the nation’s current infrastructure since President Trump’s… more

OIG Advisory Opinion 17-03 Approves Pharmaceutical Manufacturer's Product Spoilage/Replacement Program

A pharmaceutical manufacturer proposing to offer customers – at no additional cost – replacements for certain spoiled products that can no longer be administered to patients (Replacement Program) has been granted approval by the U.S… more

Assessing Drone Industry Successes & Challenges as the FAA's Small Commercial Drone Rule Turns 1

The Federal Aviation Administration's ("FAA's") Part 107 rule for small commercial drone operation, effective as of August 2016, has now been up and running for over a year. In light of this milestone, the FAA recently took the… more

Limiting water depletion in water stressed South Africa through sustainable construction activities

The South African construction industry is known to be a major consumer of non-renewable resources. Naturally, this contributes to waste generation, air pollution, water deletion and landfill. One such example is the extensive… more

City of Newton’s Drone Ordinance Overturned by Federal Judge

Last week, a federal judge in Massachusetts ruled that the City of Newton’s drone ordinance, which attempted to regulate drone flights in the airspace over Newton, Massachusetts could not be enforced by the municipality because it is… more

China moves to limit activities relating to ICOs and Cryptocurrencies: game over or level up?

On 4 September 2017, the People's Bank of China ("PBOC") and six other government agencies issued the Statement on Preventing the Risks of Fund Raising through Initial Coin Offerings (the "ICO Statement"), declaring that fundraising… more

FTC launches military task force webpage

The FTC has launched a new page on its website dedicated to its Military Task Force. According to the FTC, it created the Task Force “to focus on identifying the particular needs of military consumers and developing initiatives to… more

Presidential Proclamation Sets New Restrictions on Travel to the United States

Seyfarth Synopsis: Country-specific travel restrictions will impact nationals of Iran, Libya, Syria, Yemen, Somalia, Chad, North Korea, and Venezuela… more

Expedia targeted once again by the French

Following the French Economy Minister’s claim against Expedia in 2013, the Paris Court of Appeals, by decision dated 21 June 2017, heavily fined this Online Travel Agency (OTA), considering that certain provisions in the contracts… more

Federal Jury Awards Amgen $70M In Patent Suit Against Hospira

On September 22, 2017, a Delaware federal jury found that Hospira infringed one of Amgen’s Epogen® (EPO) patents. Hospira maintained that its production of EPO was protected by the safe harbor of 35 U.S.C. § 271(e)(1) which allows for… more

Data Processor GDPR Checklist

A major change with the GDPR is that data processors now have direct legal obligations under EU privacy law. This is a significant shift from the current EU Directive which only directly obligates the data controllers. Non-compliant… more

Second Circuit Holds Procedural FACTA Violation Insufficient to Establish Standing

The U.S. Court of Appeals for the Second Circuit added its voice to the chorus of circuit courts of appeal to hold that allegations that defendants included the first six and last four digits of a plaintiff’s credit card number on… more

Petroleum Licenses in the UK: Contract or Regulation?

Under the Petroleum Act 1998, the Secretary of State is authorized to grant licenses for the exploitation and production of hydrocarbons. The legal characteristic of such licenses has been an open question. If petroleum licenses are a… more

New Jersey Enacts Unclaimed Life Insurance Benefits Law

On September 13, New Jersey became the latest state to enact legislation governing unclaimed life insurance benefits. Gov. Chris Christie (R) signed New Jersey Assembly Bill 2511 into law as P.L.2017, s.236 (the “Act”), which is based… more

Contacting Employees on FMLA Leave: Answers to 4 Inevitable Questions

Navigating employee leave issues can be a daunting feat for in-house counsel and human resources departments. One challenging and oft-overlooked situation rife with the potential for legal issues involves contact between employers and… more

DOJ And SEC Bring Major FCPA Enforcement Actions Against Swedish Telecom Firm, Imposing One Of Largest FCPA Penalties In History

On September 21, 2017, the Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) announced significant enforcement actions against Telia Company AB, a Swedish telecommunications firm, for alleged violations of… more

Paying Employees During A Shutdown Due To Natural Disasters And Inclement Weather

Q: Do I need to pay my employees if my company has closed or temporarily shut down operations due to a natural disaster or inclement weather? A: It depends. In the aftermath of Hurricanes Harvey and Irma, and in anticipation of… more

New Notification Conditions for Italian Mergers and Acquisitions

On 29 August 2017, Law No. 124 of 2017 entered into force and amended Section 16 (1) of Law No. 287 of 1990 (the Italian competition law) that provides for prior notification system of all mergers and acquisitions in Italy which fall… more

Federal Cartel Office Imposes Fines On Automotive Suppliers

On 13 July 2017 the German Federal Cartel Office (FCO) announced the imposition of fines amounting up to €9.6M on three European heat shield manufacturers for the automotive industry. A fourth company involved in the agreement was not… more

FINRA Fines Morgan Stanley For Supervision Failures

The Commission has brought a series of enforcement actions against investment advisers centered on fees. In a number of instances the issue was whether the clients were put into programs where the fees charged were the most… more

Third Circuit Clarifies What Constitutes a Willful Violation of the FLSA

The federal Fair Labor Standards Act (FLSA) establishes requirements for minimum wages and overtime pay. The FLSA’s requirements can be complex, and employers can face significant liability for unpaid wages and liquidated damages by… more

Potential disaster relief fraud cases loom in Hurricanes Harvey, Irma and Maria's wake

In the wake of Hurricanes Harvey, Irma and Maria, another potential disaster lies waiting for those who apply for relief funds or assist in recovery efforts: criminal prosecution and/or civil litigation. The Wall Street Journal reports… more

The Rise of the ESAs: EU Proposals to Extend Direct Supervision of Financial Markets

On 20 September 2017, the European Commission published a package of measures designed to increase the powers of the three European Supervisory Authorities (ESAs), primarily by transferring certain powers of regulation and supervision… more

New Presidential Proclamation Restricts Travel from Eight Countries

On September 24, 2017, President Donald Trump issued a “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats”… more

Passwords

Passwords have become ubiquitous such that many consumers, and many employees, may have dozens of passwords that permit them to access dozens of different systems, services, networks or terminals. From a corporate perspective, many… more

Third Circuit Clarifies What Constitutes a Willful Violation of the FLSA

The federal Fair Labor Standards Act (FLSA) establishes requirements for minimum wages and overtime pay. The FLSA’s requirements can be complex, and employers can face significant liability for unpaid wages and liquidated damages by… more

Singapore as a Funds Destination

Assets under management in Singapore continue to grow. The Monetary Authority of Singapore (MAS) reported in its annual industry survey that assets under management (AUM) managed by Singapore-based managers grew 7% to stand at S$2.7… more

Trends in competition law enforcement across Africa

Competition law is growing in Africa. According to a recent World Bank report, in 15 years the number of jurisdictions in Africa with competition law has almost trebled. A number of African countries have introduced or proposed new… more

Mandatory Flu Vaccination Policies: Time for a Check-Up

After a measles outbreak at Disneyland spread to 134 Californians and residents in six other states and two other countries, California adopted a law removing “personal belief” exemptions from vaccinating children in public or private… more

Seventh Circuit Holds a Multi-Month Leave is Not a Reasonable Accommodation

Last week the Seventh Circuit dealt a blow to the EEOC's continued position that medical leave is a reasonable accommodation when the leave is (1) of a definite, time-limited duration; (2) re-quested in advance; and (3) likely to… more

Mohawk Nation Exercises Sovereign Immunity in Inter Partes Review

Not unexpectedly, on Friday, the Saint Regis Mohawk Tribe (SRMT) filed a motion before the Patent Trial and Appeal Board (PTAB) to have inter partes review Nos. IPR2016-01127, IPR2016-01128, IPR2016-01129, IPR2016-01130, IPR2016-01131… more

Canada Confirms Tokens May Be Securities and Pacific Coin Is the Test

The list of jurisdictions that are silent on the question of whether blockchain tokens may be securities has grown smaller. Less than a month after the U.S. Securities and Exchange Commission (SEC) and the Monetary Authority of… more

The Court as a Collection Agency

Security for judgment is an exceptional remedy only granted in exceptional circumstances. The court prefers to leave debt collection under the auspices of the Civil Enforcement Act. Nevertheless, exceptional circumstances do exist… more

Trump Administration Implements New Travel Ban

On September 24, 2017, the Trump Administration announced an expansion of its previous travel ban, adding several countries to the list designated in the original travel ban (Executive Order 13780)… more

Products Liability? Prove It

Under South Carolina law, a products liability case may be founded in several theories, including warranty. Regardless of the chosen theory, however, a plaintiff must establish (1) he was injured by the product; (2) at the time of the… more

Renewable Energy Update - September 2017 #3

Renewable Energy Focus - Solar industry roiled by trade ruling that some fear could lead to tariffs - Washington Post - Sep 22 - The U.S. solar industry was roiled on Friday by a unanimous ruling in a much watched… more

President Trump Issues a New Travel Ban

On September 24, 2017, President Trump issued the third version of his travel ban entitled “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or… more

Form ADV Amendments: Ready to Go?

As summer recedes and we head into the autumn, investment advisers are in the home stretch of preparations for Form ADV reporting and disclosure changes that become effective October 1, 2017. The amendments, which were adopted in… more

Business Planning Alert: "Selling a Business? Be Sure Your Financial House is in Order"

When an investor makes a decision to buy a business, the focus in almost every instance is on the business's future financial performance. Accordingly, an owner who has decided to sell a business must ensure that the historic and… more

ISS Announces Results of 2018 Benchmark Voting Policy Survey

ISS released the results of its annual global benchmark voting policy survey. ISS received 602 total responses to this year’s survey, of which 129 were from institutional investors and their organizations, representing an increase… more

[Video]Compliance into the Weeds-Episode 55, the Telia FCPA Enforcement Action

In this episode, Matt Kelly and I take a deep dive into the Telia FCPA enforcement action. It is the largest FCPA fine ever, coming in at $965MM. The breadth and scope of Telia’s illegal conduct was about as far-ranging as one could… more

U.S. Education Department Issues Interim Guidance on Campus Sexual Assault

Friday, Sept. 22 was an eventful afternoon for Title IX compliance. The U.S. Education Department officially withdrew the core sexual misconduct guidance documents issued during the Obama administration: the 2011 Dear Colleague Letter… more

Temperature Plays A Significant Role in Worker Injuries [Infographic]

Workers who are exposed to extreme temperatures on the job have a higher risk of injuries and chronic health problems. Exposure to prolonged periods of heat and cold account for thousands of work-related injuries each year… more

Security in our Decentralized Election System: News from DHS

After repeated requests from various states, the Department of Homeland Security informed state governments which states had their election systems hacked or otherwise compromised during the 2016 general election. According to… more

Feeling Discouraged About Immigration?

Feeling Discouraged About Immigration? You are not alone. Many agree that the U.S.’s current immigration system is in need of comprehensive legislative reform… more

Department of Education Rescinds Obama Era Guidance on Sexual Harassment & Provides Interim Rules

The U.S. Department of Education Office of Civil Rights ("OCR") this morning formally rescinded its April 4, 2011, Dear Colleague Letter as well as the April 29, 2014, Questions and Answers on Title IX and Sexual Violence. Together the… more

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