Latest Updates

Farewell to a Repo Man and Using Laconic Persuasion as a CCO

The life of a Repo Man is always intense… That was one of the greatest lines from one of the greatest movies from one of the greatest laconic actors of all time. Of course it was Harry Dean Stanton who died over the weekend. Along… more

Your Daily Dose of Financial News

The Systemic Risk Council—a heady group of “former top financial regulators, regulators, policymakers and academics”—is warning that the rollback of Dodd-Frank and other financial regulators could lead to bank failures and destabilize… more

[Video]Day 10 Of Innovation in Compliance-Improvisation in Compliance

How can you change the perceptions around compliance in your organization? With the Justice Department requirement, set out in the Evaluation of Corporate Compliance Programs, to more fully operationalize your compliance program, do… more

What are Trademarks?

Here at Winstead, we are fortunate enough to have two lawyers that were selected for inclusion in The Best Lawyers in America® 2018 in Trademark Law, Stan Moore and Cathryn Berryman. Before answering the question What are Trademarks?… more

What Effect Will the New Revenue Recognition Standard Have on M&A?

The Financial Accounting Standards Board's new revenue recognition standard is expected to have wide-ranging effects on M&A transactions. The new revenue recognition standard under GAAP will be applicable to public companies for annual… more

#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements

In 2017, being a “social media influencer” can mean big bucks. Companies are increasingly eager to pay individuals with large social media followings substantial sums to promote products in the hopes of reaching millions of potential… more

China’s ‘One Belt, One Road’ Initiative Creates Opportunities and Regulatory Challenges

In a time of shifting opinions on the benefits of globalization, China’s “One Belt, One Road” initiative (OBOR) offers an unexpected bright spot for multinational companies able and willing to participate in this… more

USCIS Reinstates Premium Processing for H-1B Cap Subject Petitions

USCIS announced on Monday, September 18, 2017, that it will immediately accept premium processing requests of all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. H-1B cap petitions filed in April 2017, requesting a start… more

Recent Trends on the U.S. Doctrine of Equivalents

U.S. courts have long recognized that a product or process which does not literally infringe a patent can nevertheless infringe under the "doctrine of equivalents" if it is equivalent to the claimed invention. The percentage of patent… more

The publication of the Macron ordinances

The long-awaited reform of French employment law is now on track. The French government (the "Government") presented five draft ordinances outlining the different topics and related modifications that should be formally ratified by the… more

The Rise of Managed Care Audits and Reimbursement Demands in the Wake of the ACA

If the summer of 2017 demonstrated anything, it is that health care remains a complex and contentious industry. One of its many complications stems from the natural tension between health care providers and health care insurers as to… more

Supreme Court Declines to Resolve Circuit Split on Debt Recharacterization

On August 10, 2017, the U.S. Supreme Court rescinded the grant of certiorari in PEM Entities LLC v. Levin on the grounds that review had been “improvidently granted.” The case seemingly provided a perfect vehicle to resolve the circuit… more

The Trump threat to 401(k) and the reality of it

When Donald Trump was elected President last November, there were quite a few people who promised gloom and doom as if it was the end of our republic. Despite the tweets and the drama, that really hasn’t panned out yet. Many in the… more

How Much Circumstantial Evidence is Enough for Spoliation Sanctions?

We’ve all heard, “It’s not whether you win or lose, but how you play the game.” But how you play the game is often a big part of ending up on the winning side in e-discovery. In today’s world, it has almost become normal that people… more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 1 of 5

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and… more

Dow Takes its Gene Patents Row with Bayer to the Supreme Court to Avoid the $455 Million Arbitral Award

When a company agrees to arbitrate an international patent licensing agreement, the avenues for the appeal of the resulting arbitral award are very limited. Even the invalidity or expiration of the underlying patents may be… more

2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review

Welcome to BakerHostetler’s 2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review. This edition delivers news, analysis and insights into key developments in the cross-border investigations and… more

California Takes One Step Closer to Imposing Reporting Requirements and Public Shaming for Employer Pay Gaps

When we last checked in on AB 1209, the Gender Pay Gap Transparency Act, the proposed legislation was making its way through the California Senate. After making a few key amendments, the Senate passed the bill on September 7, 2017… more

You Can’t Pass the Regulatory Compliance Buck with a Quality Agreement; FDA Reiterates the Point in a Recent Warning Letter

Companies can’t sign quality agreements and then say “we’re done.” This message was brought home with a recent Warning Letter issued by the Food and Drug Administration to a pharmaceutical company for violating current good… more

The Graham-Cassidy Bill: Evaluating the Latest ACA Repeal Measure

Last week, the Senate unveiled the Graham-Cassidy Bill, Republican legislators’ latest attempt to repeal the Affordable Care Act (ACA). Crafted by Sens. Bill Cassidy, R-LA, Lindsey Graham, R-SC, Dean Heller, R-NV, and Ron Johnson… more

Mind the Gap! Hurricanes may have significant impact on Gap coverage

Some estimates peg the number of cars flooded by Hurricane Harvey at more than a half million. So too, the number of flooded cars following Irma will be legion. This significant loss will likely lead to a significant number of… more

The Devil is Really in the Details: FDA Issues Warning Letter to a Drug Company for Disseminating False and Misleading Information

They’re back. The Food and Drug Administration’s Office of Prescription Drug Promotion (OPDP), which has been relatively quiet on the enforcement front, issued a Warning Letter to a pharmaceutical company for distributing what it… more

[Video]Compliance into the Weeds-Episode 54, Report from TEC 2017

In this episode, Matt Kelly returns to his journalism roots with a live report from TEC 2017, the Workiva user conference. We discuss some of the hot topics at the conference including possible repeal or modification of SOX sections… more

New Rules Promoting Free Cross Border Flow of Non-personal Data in the European Union

On September 13 the European Commission (“Commission” or “EC”) issued a proposal for a new Regulation on a framework for the free flow of non-personal data in the EU… more

FDA Issues Guidance on Use of Real-World Evidence for Medical Devices

On August 31, 2017, the Food and Drug Aministration issued a final guidance titled “Use of Real-World Evidence to Support Regulatory Decision-Making for Medical Devices.” In the guidance, which finalizes the agency’s July 2016 draft… more

Dealing with Disaster: Issues and Relief for Employee Benefit Plans

In the period following natural disasters such as Hurricanes Harvey and Irma, employer plan sponsors will be faced with any number of hardship-related employee benefit plan administration issues. Many of these involve critical… more

CRISPR: How will it change our lives?

CRISPR One giant breakthrough; a mass of complexities - The discovery and successful harnessing of the gene editing technology, CRISPR, promises to be one of the most significant breakthroughs of our age. But a complex series of… more

Energy Insider Interview Series: Questions for Independent Petroleum Association of America President and CEO Barry Russell

1. IPAA has long advocated for smart and responsible oil and gas development and remained at the forefront of the discussions shaping policy and regulations affecting the industry. What’s your take on the first six months of the Trump… more

Responding To SCDEW: The Payoff For Employers

There are several ways that employers can keep their unemployment insurance (UI) tax rate down. First, it is beneficial to learn how the South Carolina Department of Employment and Workforce (“SCDEW”) determines the employer’s… more

Registration For This Year's Diversity Lottery Program Starts On October 3, 2017: Here's What To Know

The U.S. State Department administered DV Lottery Program awards immigrant visas (green cards) to individuals hailing from countries with low rates of immigration to the United States. This year there are 50,000 DV visas available. The… more

Joy in Who-Ville? Playwright Wins Fair Use Copyright Dispute in Parody of “Grinch”

It’s not quite what Dr. Seuss envisioned: Kind-hearted and cheerful Cindy-Lou Who from the childhood classic “The Grinch That Stole Christmas” becomes a cynical adult who was thrown in prison after murdering her abusive husband, the… more

October 15th Deadline: Medicare Part D Notice Of Creditable (Or Non-Creditable) Coverage

UPDATED: September 19, 2017 – Employers who offer prescription coverage to any Medicare Part D eligible employees (whether or not retired), or Medicare Part D Medicare-eligible spouses or dependents, you must provide those individuals… more

Canadian Securities Regulators Clear a Path for Bitcoin Funds

The British Columbia and Ontario securities regulators have taken a leap forward in the regulation of bitcoin and other cryptocurrencies with the first registration of a fintech start-up, First Block Capital Inc., which intends to… more

Taking His Talents To The Southern District Of New York: Are LeBron James’ Tattoos Subject To Copyright?

With nearly 30% of Americans sporting at least one tattoo (up from 20% just four years ago), tattoos are becoming commonplace. This is even clearer among younger Americans, with nearly half of Millennials sporting ink. Today a… more

The Opposite of CEQA Reform: Legally Flawed AB 890 Would Expand Opportunities for CEQA Litigation Abuse While Abridging Constitutional Local Initiative Rights

AB 890 (Medina – D), recently sent to Governor Brown for action by October 15, seeks to amend Government Code § 65867.5 and to add §§ 65363 and 65850.10 to prevent development agreements and certain types of land use planning and… more

Discharge Of Employee Who Protested Illegal Policy By Himself Ran Afoul Of NLRA, Federal Appeals Court Rules

An employee who was discharged after protesting an admittedly illegal policy was entitled to reinstatement and back pay despite having acted on his own, the federal appeals court in New York has ruled, enforcing a National Labor… more

Status of State Plan Implementation of OSHA’s E-Recordkeeping Data Submission Rule

OSHA’s Final Rule to “Improve Tracking of Workplace Injuries and Illnesses” (aka the E-Recordkeeping Rule) requires employers of certain sizes that fall into certain categories to proactively submit electronic injury and illnesses… more

Salary History Inquiry Bill Down But Far From Out

On June 28, 2017, HB 2462, an amendment to the Illinois Equal Pay Act, passed both chambers of Illinois General Assembly. The bill would have made an employer’s inquiry into an applicants’ wage, benefits, and other compensation history… more

Holding Executives Personally Responsible: An Increasing Government Priority

Earlier this month, we covered the Spectocor action which involved an executive and his company’s agreement to pay $10.56M of a $13.45M total settlement to resolve allegations involving medically unnecessary Medicare reimbursements. In… more

Risks In The Common Practice Of Sending Technical Data Outside The U.S. — New Jersey Company Penalized $400,000

Does your company source components or parts outside the U.S.? When doing so, you need to be careful about sending unlicensed export controlled technical data like drawings, blueprints and manufacturing instructions as part of an RFQ… more

Management-Side Labor Law Attorney Peter Robb Nominated For NLRB General Counsel

As expected, Peter B. Robb has been nominated by President Donald Trump to become the National Labor Relations Board’s next General Counsel. Robb is a long-time management labor law attorney. If confirmed, Robb will succeed Richard F… more

Observations On Mediation

There is a world of information on the internet. That includes a huge number of websites professing to advise you about divorce. And among the topics often discussed on these sites is mediation. Not a week passes without at least… more

Basel III Monitoring Exercise Report Published

The European Banking Authority (“EBA“) published a report on September 12, 2017, which outlined the results of a monitoring exercise on Basel III and the impact of the CRD IV Directive and Capital Requirements Regulation. The report… more

AD-ttorneys@law

Tom “Syndicate” Cassell and Trevor “TmarTn” Martin serve up high-octane reviews and commentary on games and gaming culture on YouTube. Both are wildly popular – Cassell’s YouTube channel is one of the top 100 subscribed channels on the… more

S.D.N.Y. Grants in Part and Denies in Part Trustee Bank of New York Mellon’s Motion for Summary Judgment in Suit Brought by Certificateholder Phoenix Light

On September 7, 2017, Judge Valerie Caproni in the United States District Court for the Southern District of New York granted the majority of RMBS trustee Bank of New York Mellon’s (“BNYM“) summary judgment motion and denied… more

FCC Seeks to Create Uniformity in Formal Complaint Processes

This week, the Federal Communications Commission (“FCC” or “Commission”) released a Notice of Proposed Rulemaking (“NPRM”) to increase uniformity among several diverse sets of FCC complaint procedures. Today, there are three different… more

Employers Should Engage In The Interactive Process Even If They Believe The Employee Is Not Qualified.

Diligent and well informed employers know that it is the best practice to engage in an individualized assessment of a requested accommodation. Sometimes an employer may be tempted to refuse to discuss an accommodation because it… more

Can Divorcing Families Afford The “Sporting Life?”

The September 7 issue of TIME Magazine features our obsession with childhood sports. The statistics tell the story. In 2005, school age children played sports at a combined cost of about $8 billion per annum. Today that number is… more

Seventh Circuit Rejects Subway Footlong Class Settlement as a “Racket”

A recent Seventh Circuit decision pushed back on a proposed settlement of the Subway “footlong sub” class action, finding the proposed settlement a “racket” designed to benefit class counsel without any benefit to the class. The story… more

FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance

This month, online gaming social media influencers Trevor Martin and Thomas Cassell settled the Federal Trade Commission’s first charges against individual failure to disclose material information in social media endorsements. Martin… more

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Akin Gump Strauss Hauer & Feld LLP is one of the world’s largest law firms. Founded in 1945 by Richard Gump and Robert Strauss with the guiding vision that commitment, excellence and integrity would…

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