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The SFO’s Seize and Sift Procedure

R (on the application of Colin McKenzie) v Director of the Serious Fraud Office saw a failed application for permission to apply for a judicial review of the SFO’s currently in-use procedure for dealing with material that it has…more

More Non-Compete Nonsense: Journalist Fired in Non-Compete Debacle

Last week, the Wall Street Journal ran a story about non-compete agreements making it difficult for younger journalists to get new jobs and move up in the news world. The article focused substantially on a young journalist named…more

Will Congress Come Together for Telemedicine?

Consistent with what we have been seeing in our own practice, and consumers’ growing demand for better access to telemedicine services, a bi-partisan movement is growing in both houses of Congress to expand telehealth services, improve…more

Worth Another Look: GO-TIME

One year ago today, Gov. Tom Wolf signed an executive order establishing the Governor’s Office of Transformation, Innovation, Management and Efficiency (GO-TIME). The Executive Order sought to increase coordination between agency heads…more

CSA re: Non-GAAP, TSX NCIB FAQs and Other Acronyms

Recently, the CSA (Canadian Securities Administrators) released revised guidelines regarding the disclosure of non-GAAP (generally accepted accounting principles) financial measures and the TSX (Toronto Stock Exchange) published…more

Advisors Advantage - February 2016

Avoiding The “Bumps” Of Being A Retirement Plan Provider - I’m a big fan of business history and every successful company that has ever been founded has had a few bumps along the way. For example, Apple almost went out of…more

Committees to Examine Administration’s HHS Budget Proposal, Other Health Policy Issues Next Week

On February 9, 2016, President Obama is scheduled to submit his proposed fiscal year 2017 budget to Congress. Two Congressional committees have planned hearings to examine provisions of the proposed budget involving the Department of…more

Judicial Redress Act Would Extend Privacy Act Remedies to Citizens of Designated Foreign Nations

The pending legislation would authorize the US Department of Justice to designate foreign countries to allow the citizens of such countries to bring civil actions against certain US agencies to access, amend, or redress unlawful…more

Health and Welfare Plans: Big Compliance Burdens, Big Penalty Exposures

Health and welfare have been around for a long time, and they are ubiquitous. Employees have come to expect medical, dental, life, and other insurance as part of their benefits packages. Employers offer coverage in order to reward…more

Recent Decisions Applying the Covalt and Hartwell Test

Two California Courts of Appeal recently reviewed decisions involving the California Public Utilities Commission in a pair of cases that build on the principles established by the California Supreme Court in Covalt and Hartwell…more

Thirty States and Numerous Other Interested Parties Seek an Immediate Supreme Court Stay of the EPA’s “Clean Power Plan”

On January 26, 2016, 29 states and state agencies, including Oklahoma, Texas, West Virginia, Ohio, Colorado, and Mississippi (the “29 States”), submitted an application (the “29 States Application”) to the United States Supreme Court…more

Business Succession Planning - February 2016

The transition of a family owned or closely-held business is a significant undertaking even with the best laid plan. This article will outline the issues that should be considered by the business owner in transitioning a business…more

A Sea Change on the Horizon for California’s Food Court? FDA Calls for Comment on Use of the Term “Natural” for Food Products

At long last, FDA has called for public comment from the food and beverage industry, citizens, and other stakeholders on the use of the term “natural” on food labeling. As many readers of this newsletter know all too well, there have…more

Judge Mostly Denies Deutsche Bank National Trust Co.’s Motion to Dismiss in RMBS Class Action

On February 3, Judge Alison Nathan of the United States District Court for the Southern District of New York largely denied Deutsche Bank National Trust Co.’s (the “Trustee’s”) motion to dismiss in a proposed class action brought by…more

Florida Lenders Not Required to Compete with Homeowner Associations to Foreclose Where Lender’s Lis Pendens is Recorded First

It is not uncommon for a homeowner association (“HOA”) to file a separate claim of lien foreclosure action against a resident even though the bank’s mortgage foreclosure action remains pending. Therefore, a homeowner can potentially…more

New IRS Form Required for Estate Basis Reporting Due Feb. 29

On January 29, 2016, just as tax season is heating up, the IRS released the final version of Form 8971 "Information Regarding Beneficiaries Acquiring Property From a Decedent," and its instructions. As a part of the Surface…more

A New Year's (Awaiting) Resolution

As we close the books on the first chapter of our 2016 year, many investors cling to their New Year’s resolutions, hoping to make a material change that catalyzes a happy, healthy, and productive New Year. Yet it is a proposed change…more

Employers Are Put On Notice: EEOC Issues Proposed Retaliation Guidance

On January 21, 2016, the U.S. Equal Employment Opportunity Commission (“Commission” or “EEOC”) released proposed guidance to update and clarify its position on retaliation and related issues under EEOC-enforced laws, including these…more

Compliance Challenge: The Links Between Corruption and Human Trafficking

Companies are increasingly being required to disclose how they assess and respond to the risks of human trafficking in their product supply chains. Statutes like the California Transparency in Supply Chains Act and the U.K. Modern…more

SciClone Pharmaceuticals: A Textbook Case of FCPA Violations for Gifts, Meals, Entertainment and Travel

The Securities and Exchange Commission continues its steady march as the prominent FCPA enforcement agency against corporations.  The Justice Department has not brought any enforcement actions this year and continues to reevaluate its…more

Defend Trade Secrets Act Clears United States Senate Judiciary Committee

The Defend Trade Secrets Act (“DTSA”) has cleared the Senate Judiciary Committee with broad bipartisan support. Currently, state law governs civil claims for trade secret misappropriation, generally under a particular state’s version…more

Supreme Court Rules that FERC Wholesale Markets Can Compensate Demand Response Providers

In late January, the Supreme Court issued a decision in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al., 577 U.S. __, slip. op. (2016) upholding Federal Energy Regulatory Commission (FERC) Order No…more

FHFA, Fannie Mae and Freddie Mac Announce Independent Dispute Resolution Program

On February 2, the Federal Housing Finance Agency (the “FHFA”) announced that Fannie Mae and Freddie Mac have implemented an independent dispute resolution process for resolving repurchase disputes. The process would allow lenders to…more

Federal Appellate Court Rules that Certain Foreign Currency Options Are Subject to the Section 1256 Mark-to-Market Regime

Recently, in Wright v. Commissioner, the United States Court of Appeals for the Sixth Circuit has reopened the question of the application of Section 1256 to foreign currency options (and also, possibly, to foreign currency swaps or…more

Can Technology Help Prevent Trucking Accident Fatalities?

Inattentive drivers cause accidents every day. When a truck is involved, those accidents often result in heavy property damage, serious injuries or fatalities. Recent annual Illinois crash data shows that tractor trailers with semis…more

FCC Delays Effective Date of Oklahoma Tribal Lifeline Change to June 8

This past Tuesday, the FCC’s Wireline Competition Bureau issued an Order delaying for 120 days the effective date of the agency’s new interpretation of “former reservations in Oklahoma” for purposes of delineating the area in that…more

CLIENT ALERT: EEOC Proposes to Require Large Employers to Report Wage and Hour Data

On January 29, 2016, the Equal Employment Opportunity Commission (the “EEOC”) announced proposed rule changes that would require all “large employers” (i.e., employers with 100 or more employees) and federal contractors to report…more

New York State’s New Pregnancy Accommodation Law Takes Effect

As of January 19, 2016, the Protect Women from Pregnancy Discrimination bill is in effect in New York. The bill, which was signed by New York State Governor Andrew Cuomo in October 2015, requires employers to provide reasonable…more

Third Circuit Court of Appeals Rejects Hospital’s Religious Exemption from ERISA

On December 29, 2015, the U.S. Court of Appeals for the Third Circuit decided in Kaplan v. Saint Peter's Healthcare System, No. 15-1172 (3d. Cir. Dec. 29, 2015) that the pension plan for Saint Peter’s Healthcare System in New…more

What Good Compliance Looks Like: Part III

I concluded Part II of “What Good Compliance Looks Like” with “compliance and tone at the top are more than stated values, it’s about operational and unspoken values. It’s about a seat at the table of business strategy.”…more

Will Peyton Manning Have a Storybook Ending or Will SuperCam Prevail? Tuah the Orangutan picks the Panthers while the Unemployment Statistics side with the Broncos….and Some Other Super Bowl Tidbits for Employers.

We are back with our annual Super Bowl prediction post. As noted in prior years, people are increasingly making their predictions based on two indicators: unemployment rates and the whims of Utah zoo animals. They each have pretty…more

EU Nations Extend Electric Car Rebates, Consider New Ones

While Europe has been the land of small diesels for decades, air quality concerns and consideration of fossil fuels’ impact on global warming has led EU nations to offer incentives to purchasers of electric vehicles. In recent weeks…more

NJ Lawmakers Propose Legislation to Raise Minimum Wage To $15 Per Hour

On February 4, 2016, in Trenton, New Jersey State Assembly Leader Vincent Prieto, Assemblyman John Wisniewski and State Senator Ray Lesniak proposed a bill to raise the state minimum wage from $8.38 to $15 for all New Jersey workers…more

Oral Waiver Insufficient to Defeat Contractor’s Liability for Building Code Violation

The Massachusetts Appeals Court, in Downey, et al. v. Chutehall Construction Co., Ltd., 88 Mass. App. Ct. 795 (January 6, 2016), recently held that an oral waiver of compliance with the building code by a homeowner does not preclude…more

There Is More than One Way to Slice the Apportionment Analysis - Commonwealth Scientific and Industrial Research Organisation v. Cisco Systems, Inc.

Addressing the application of the smallest salable patent-practicing unit analysis, as well as the impact of a patent’s standards essential status on apportionment and the relevance of prior licenses between the parties, the U.S. Court…more

Zika Virus and the Legal Issues With an Employee's Refusal to Work

It’s big news! On February 1, 2016, the World Health Organization (WHO) issued a statement declaring Zika virus to be a “Public Health Emergency of International Concern.” The WHO did not find a public health justification for…more

Learned Intermediary: Arizona Supreme Court Restores Order in the Desert

We recently brought you the breaking news that the Arizona Supreme Court has adopted the learned intermediary doctrine in prescription drug cases. The case is Watts v. Medicis Pharmaceutical Corp., No. cv-15-0065-PR, 2016 WL 237777…more

European Commission Proposes an Anti-Tax Avoidance Directive

The proposed Council Directive marks another, significant, though likely problematic, step towards tackling tax avoidance across Member States. Background - The European Commission (the Commission) has been moving towards…more

EU-U.S. Privacy Shield Framework Agreement Reached - Replaces Safe Harbor Agreement

On February 2, 2016, The European Commission (EC) and the U.S. Department of Commerce (Commerce) reached a deal on a new transatlantic data-transfer pact to replace the 15-year-old Safe Harbor agreement. The European Court of Justice…more

Partnership Audit Regime Shakeup

The recent Bipartisan Budget Act of 2015 (the “Act”) sets forth a new tax audit regime for partnerships (and limited liability companies taxed as partnerships) that will have far-reaching consequences. The new audit procedures will…more

Hart-Scott-Rodino Premerger Reporting Thresholds Increase

On January 26, the Federal Trade Commission published the annual adjustment of the thresholds that trigger premerger reporting obligations (and the mandatory waiting period) under the Hart-Scott Rodino (HSR) Act. The new thresholds…more

What is a Section 83(b) Election and why is it helpful to Entrepreneurs

Start-up founders, executives and other employees should understand the role that Internal Revenue Code Section 83 plays in effective tax planning when certain equity incentive grants are given in exchange for services…more

Adventures in Joint Employment: the Browning-Ferris Saga Continues with an Appeal to the D.C. Circuit Court of Appeals

Last week, Browning-Ferris Industries, the California-based waste management company, appealed two decisions issued by the National Labor Relations Board related to the definition of joint employer. Its appeal to the U.S. Court of…more

High Stakes Race Between Apple and VirnetX: Will PTAB Trump The Texas Jury's Award of $326.5M?

A Texas jury today raised the stakes even higher in a race involving parallel proceedings between the PTAB and Texas district court when it found that Apple infringed the VirnetX patents and awarded to VirnetX $625.6M in damages. While…more

Seventh Circuit Allows Reverse Racism Claims To Proceed Against Contractor

Earlier this week, the Seventh Circuit allowed a Caucasian construction worker to take his reverse racism claims to trial because there were factual disputes about the reason for his termination. The plaintiff, Terry Deets…more

President Obama Highlights TPP, Cuba Embargo in Final State of the Union Address

On January 12, President Obama delivered his seventh and final State of the Union Address to Congress and the American people. Among the many topics that he raised in this annual speech were two trade-related priorities that may…more

If It Walks Like a Carbon Tax and Talks Like a Carbon Tax, (Then the GOP Hates It.)

On February 4, 2015, the White House released a fact sheet describing its efforts to create a “21st Century Clean Transportation System”. There’s a lot of interesting material in the plan, but all the headlines have been on the…more

Behind the Curtain: Shkreli was NOT the Big Story on the Hill Today

Congress’s complex relationship with prescription drugs was on display today in the House of Representatives. In the House Committee on Oversight and Government Reform (OGR), Martin Shkreli pleaded the 5th at a hearing investigating…more

The Long Long Game: The EU Financial Regulatory Agenda Into 2016 and Beyond

2016 will mark the eighth anniversary of the collapse of Lehman Brothers and the raft of regulatory reforms introduced in the aftermath of that event and the wider financial crisis will continue to be implemented during the year and in…more

Government Reports Compile Medicaid, Dual Eligible Beneficiary Spending, Enrollment Data

The Government Accountability Office (GAO) has issued a report on trends in Medicaid managed care spending, enrollment, and oversight. Notably, the GAO reports that over 10 years (FY 2004 through 2014), federal Medicaid managed care…more

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