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Holding Assets in Trust for the Next Generation

Over the past few years, we have seen a dramatic increase in the number of clients interested in holding assets in trust for their children. This is a trend we are noticing across the board, regardless of the size of the estate. This…more

Eggleston v. Daniels - USDC, E.D. Michigan, August 16, 2016

District court refused to dismiss infringement claims alleging creators of TV show “Empire” copied Cookie Lyon character from plaintiff’s memoir, concluding, among other things, that stories with female, African-American organized…more

4 Trusted Traveler Programs That Save You Time (and Stress) at U.S. Airport Security

Because this is an “International” blog, we need to talk about one of the most important aspects of international business – travel. And as you know, we are in the thick of the travel season. So it only makes sense to A) take…more

CMS’s Interim Final Rule to Permit “Stacking” of Reclassifications Puts Pressure on Urban Hospitals to Evaluate Advantages of Geographic Reclassification to “Rural” Status for Wage Index Purposes in Advance of September 1 Deadline

Hospitals may seek redesignation to a neighboring core-based statistical area for wage index purposes under the rules that set forth the geographic reclassification process. See 42 C.F.R. § 412.230 et seq. Those rules require that…more

Paying for software development? Make sure you own it!

In a digital society dominated by the saying, “there’s an app for that,” copyright protection is essential. Paying to have a work created does not automatically vest ownership of the copyright in the paying party. When making the…more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: August 2016 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring…more

“Caveat Emptor” Applies to ESI Requests (Puerto Rico)

P.R. Med. Emergency Grp., Inc. v. Iglesia Episcopal Puertorriqueña, Inc., 2016 U.S. Dist. LEXIS 99391 (D.P.R. July 26, 2016) - In this Racketeer Influenced and Corrupt Organizations Act (“RICO”) case, the plaintiff renewed its…more

FERC NOPR Seeks Connected Entity Data from Virtual Traders and Financial Transmission Rights Holders

The Federal Energy Regulatory Commission (FERC) recently proposed that virtual traders and financial transmission rights holders (collectively Virtual/FTR Participants), which are not FERC electric market based rate holders but whom…more

New Illinois Employee Sick Leave Act Mandates Greater Flexibility on Use of Leave Benefits

The Illinois Employee Sick Leave Act (Public Act 99-0841) requires Illinois employers who provide personal sick leave benefits to their employees to allow employees to take such leave for absences due to the illness, injury, or medical…more

Ninth Circuit Holds Class Action Waivers Are Unenforceable

In a strong blow to employers, the Ninth Circuit Court of Appeals recently released its opinion in Stephen Morris, et al. v. Ernst & Young, et al., No. 13-16599, D.C. No. 5:12-cv-04964-RMW (August 22, 2016), holding that agreements…more

FAR Council and DOL Issue Final Rule Implementing Fair Pay & Safe Workplaces Executive Order

The Federal Acquisition Regulatory Council and the Department of Labor published a final rule, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting” Executive Order), on August 24, 2016. The…more

Double-Check the Math: Advisers Should Not Provide Clients With Performance Data Created by Other Investment Managers Without Verifying the Information

In a series of enforcement actions this week, the SEC made it clear that investment advisers need to substantiate the performance records of investment management firms they recommend to their clients. In these cases, failure to do so…more

Georgia Magistrate Judge Limits OSHA Safety Inspections in Poultry Plants

The Occupational Safety and Health Administration is fighting a Gainesville, Georgia, magistrate judge’s recommendation that would restrict its new regional worker-safety program aimed at poultry processing facilities…more

Monthly TCPA Digest - August 2016

In light of the continued compliance and litigation challenges presented by the Telephone Consumer Protection Act (TCPA), Mintz Levin’s TCPA and Consumer Calling Practice team have launched an inaugural newsletter to keep you informed…more

Student Assistants Win Right to Unionize at Private Colleges and Universities

Reversing longstanding precedent, the National Labor Relations Board has ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor Relations] Act.”…more

Regis Corporation to Pay $60,000 to Settle EEOC Disability Discrimination Suit

Hair Salon Refused to Accommodate Stylist's Claustrophobia, Agency Charged - MIDLAND, Texas - Minnesota-based Regis Corporation, doing business as SmartStyle, will pay $60,000 in damages and back pay to former hair stylist Nora…more

OSHA Tests New Program to Expedite Whistleblower Claims

In an effort to speed up claims under the Occupational Safety and Health Administration’s Whistleblower Protection Program, the Labor Department’s San Francisco region has launched a new process, called the “Expedited Case Processing…more

IRS Loosens Restrictions on Safe Harbors for Management Contracts for Bond-Financed Property

The Internal Revenue Service, in Revenue Procedure 2016-44, has loosened the restrictions on safe harbors for management contracts entered into by governmental issuers of tax-exempt bonds in connection with facilities financed by such…more

Can Using Social Media Lead to a Lawsuit? (Part 2)

In part 1 of this blog series, I discussed the potential legal implications of social media as it pertains to defamation, privacy rights, and ownership rights. As we pick back up with our discussion, I want to address the importance…more

Court Report - August 2016 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Tris Pharma Inc. v. Actavis Elizabeth LLC et al. 1:16-cv-00603l; filed July 12, 2016 in the District Court of Delaware .…more

Making Sense of the Peter Doig Trial and the Authentication Fallout

As was reported in detail by the New York Times and others earlier this week, artist Peter Doig prevailed in what most agree was the strangest art related trial in many years. In a nutshell, Doig was accused by a former corrections…more

Holding Class Waivers Violate the NLRA, Ninth Circuit Joins Circuit Split

Requiring class and collective action waivers as a condition of hire or continued employment violates the National Labor Relations Act, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Morris v. Ernst &…more

Immigrant Visa Processing Changes – EB2 Worldwide will become current in Oct; EB2/3 China and EB2 India to advance in October; EB3 India may advance slowly; Visa Office on Priority Dates, Demand, and Predictions

In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the various…more

Drug Treatment Centers Must Walk a Fine Line With Respect to Marketing

A recent New York Times article entitled “How Staten Island’s Drug Problem Made It a Target for Poaching Patients,” details how recruiters for treatment centers as near as Long Island and upstate New York, and as far away as Arizona…more

Personal Injury – Auto – Damages and Stipulation as to Liability

Christ v. Schwartz - Court of Appeal, Fourth Appellate District (August 12, 2016) - In a personal injury action, a defendant may wish to stipulate to liability where there is no real dispute as to who was at fault for an…more

The Ropes Recap: Mergers & Acquisitions Law News - Second Quarter 2016

NEWS FROM THE COURTS - Delaware Court of Chancery Rejects Transaction Price as the Best Measure of Fair Value in Dell Appraisal Litigation - On May 31, 2016, the Delaware Court of Chancery released its post-trial opinion in…more

A Tale of Two Stephens: Stephen Colbert and his Right to Use his Own Name

In a recent episode of CBS’ The Late Show with Stephen Colbert, the host lampooned an apparent cease and desist demand from lawyers contending that Colbert improperly revived his “character” from The Colbert Report, his prior show on…more

Expanding When Liability is “Reasonably Clear”: Massachusetts Court Chips Away at Bad Faith Counterarguments

Earlier this month, a Massachusetts Appellate Court affirmed a trial court’s award of bad faith damages in a case where it found the insurer’s approach to a claim to be “at best inattentive, if not incompetent.” Although the state…more

Treasury Announces 2016-2017 Regulatory Agenda for Employee Benefits

The principal regulators of U.S. employee benefits have recently published updates to their guidance plans for the coming months. ..On August 15, 2016, the U.S. Department of the Treasury and the Internal Revenue Service (IRS)…more

Advantages of Using ESOPs To Structure Acquisitions and Divestitures In An Uncertain Economy

M&A advisors are becoming increasingly familiar with leveraged ESOP transactions and are routinely considering the ESOP platform in structuring acquisitions and divestitures. The first part of this article references the ways in which…more

Orrick's Financial Industry Week in Review

Financial Industry Developments - CFTC Announces Measures to Enhance Protection of Customer Funds - On August 8, 2016, the U.S. Commodity Futures Trading Commission (CFTC) announced three separate enhancements relating to the…more

Ninth Circuit Invalidates Class Action Waivers Contained in Employment Arbitration Policies

Beginning in approximately 2012, the National Labor Relations Board (“NLRB”) adopted the position that any class action waiver contained in an employment arbitration policy or agreement violates the right of employees to engage in…more

Proposed 2704 Regulations Attack Valuation Discounts

The IRS has expanded the scope of IRC Section 2704 by issuing proposed regulations that seek to limit the availability of valuation discounts for transfers of interests in family-controlled entities. In general, the purpose of Section…more

OCR to Focus More Investigative Resources on Smaller HIPAA Breaches with Less Than 500 Individuals Affected

The Department of Health & Human Services (DHHS) Office of Civil Rights (OCR) recently announced it will devote more resources to investigate smaller HIPAA breaches. Before this announcement, OCR typically opened investigations for…more

Celltrion Files Petition for IPR on Genentech’s Rituximab Patent

Yesterday, Celltrion filed a petition for inter partes review of Genentech’s U.S. Patent No. 7,976,838, which is directed to the use of rituximab to treat rheumatoid arthritis. We will continue to monitor and report on updates for…more

CMS Releases the 2017 IPPS and LTCH PPS Final Rule, Including MOON Requirements

On August 2, 2016, CMS issued its final rule addressing new payment rates and policies under both the Hospital Inpatient Prospective Payment System (IPPS) and the Long-Term Care Hospital (LTCH) Prospective Payment System (PPS) for…more

Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir. July 28…more

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for transgender…more

NAIC Task Force Releases Revised Draft Insurance Data Security Model Law

On August 17, the National Association of Insurance Commissioners (the NAIC) Cybersecurity (EX) Task Force (the Task Force) released for comment a revised draft Insurance Data Security Model Law (the Model Law). This Model Law purports…more

Locky Ransomware Continues to Hit Health Care Entities

FireEye Labs has reported that the Locky ransomware continues to hit the health care industry hard, and has increased in the month of August. Although the telecommunications, manufacturing and aerospace/defense industries are also…more

Why Creating an Exit Strategy is So Difficult

One of my clients let me in on a secret which allowed him to go from one successful business venture to the next with apparent ease. His secret is one that mergers and acquisitions attorneys tell our business clients all the time: Have…more

This Week In Securities Litigation

Numbers were the focus this week as the Commission filed 81 administrative proceedings (must be near fiscal year end) and two civil injunctive actions. Seventy-one of the actions involved municipal issuers who self-reported under the…more

Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements

The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future. In Morris v. Ernst & Young, the Ninth Circuit held that it is…more

SEC Overrules Its Own Administrative Law Judge to Clear Customer of Fraud Charges

In a rare reversal of its own administrative law judge in the Matter of optionsXpress, the full Securities and Exchange Commission unanimously held that the SEC’s Enforcement Division had not met its burden of proof that the customer…more

Indian Government Approves New India-Cyprus Tax Treaty

The Indian government approved a new India-Cyprus tax treaty on August 24, 2016 that will allow the Indian government to tax capital gains on investments routed through Cyprus. This is part of a continuing campaign by the National…more

CFPB Proposes Changes To Higher-Priced Mortgage Loan Exemption Threshold

The Consumer Financial Protection Bureau (CFPB) published for comment proposed substantive and organizational changes to the Regulation Z Commentary regarding the calculation of the annual exemption threshold amount for the special…more

Agencies Encourage New Privacy Regulations to Close the mHealth Black Hole and Keep Pace with Evolving Technologies

On July 19, 2016, the ONC submitted a report to Congress which suggests that health privacy regulations soon may be revised to catch up with the universe of mHealth technologies that now use and share personal health data. The report…more

Your daily dose of financial news - The Brief – 8.26.16

Plaintiffs in the Forex MDL currently in NY federal court argued this week to Judge Lorna Schofield that the 2d Circuit’s recent ruling dismissing some plaintiffs in an aluminium price fixing suit did not apply to rob them of standing…more

A New Domain Name Option for the Insurance Industry

Global insurance industry members have a new online tool—the “.insurance” domain name extension. This generic top level domain (gTLD), governed by insurance industry and security experts, is reserved solely for verified insurance…more

Hackers Dubbed ‘Ghoul’ Targeting Industrial Businesses across the Globe

Researchers at Kapersky Labs say they have uncovered an industrial hacking scheme that they have dubbed “Operation Ghoul” that has hit 130 organizations in 30 countries…more

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