Latest Updates

Court denies restitution sought by CFPB in lawsuit against biweekly mortgage payment companies

In another recent defeat for the CFPB, a California federal district court refused to award restitution sought by the CFPB in its lawsuit filed in May 2015 against two related companies offering a biweekly mortgage payment program and… more

Tax treaty interpretation

On 31 August 2017, the Dutch Court of Appeals of 's-Hertogenbosch issued judgment in a case dealing with the application of the most-favoured-nation (MFN) clause contained in the Netherlands/South Africa Double Tax Agreement (the… more

IRS Announces Benefits Relief For Hurricane Victims

In the wake of Hurricane Harvey, the IRS provided some employee benefits-related relief to plan sponsors and participants. That relief was then extended to the victims of Hurricane Irma… more

The Trump Administration’s Automated Vehicles Guidance Hits the Gas Pedal on Innovation

Further accelerating federal regulation of automated vehicles, last week the U.S. Department of Transportation and the National Highway Traffic Safety Administration (“NHTSA”) announced highly anticipated new guidance for the testing… more

Full Implementation Of Fiduciary Rules Extended

In April 2016, the Department of Labor issued regulations to expand the definition of “fiduciary” under ERISA and the Internal Revenue Code as applied to those who render investment advice for a fee or other compensation with regard to… more

Business Risk Doctrine No Talisman in CGL Coverage Dispute

In a recent decision, the California Court of Appeal demonstrated that it continues to apply rules of insurance policy interpretation that are favorable to policyholders. Rejecting an insurer’s strained readings of its policy… more

Responding To Mental Health Parity Model Disclosure Request Form

In June 2017, the Departments of Labor, Health and Human Services and Treasury released a draft model form that participants may use to request mental health/substance use disorder (MH/SUD) limitation information from their health plan… more

Say Goodbye to the 30/60 Day Rule

When applying for a nonimmigrant or temporary U.S. visa and when actually seeking to enter the U.S., most applicants – including those for B visitor, F student and J exchange visitor – are required to convince the consular or port… more

Takeoff Denied Again: B.C. Court of Appeal Affirms Denial of Airline Fuel Surcharge Class Action

On September 12, 2017, the British Columbia Court of Appeal (Court) affirmed the refusal to certify a class proceeding against various airlines regarding the description of fuel surcharges in Simsek v. United Airlines, Inc. (also… more

Today in Federal Circuit History…

The courthouse that houses the Federal Circuit was dedicated on September 20, 1967. Originally, the building plan called for a courthouse and an office building for White House staff, such that the Dolley Madison House, the former… more

FinCEN Warns U.S. Financial Institutions Of Venezuelan Money Laundering Threat

The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has issued an advisory to alert financial institutions of widespread public corruption in Venezuela and the methods Venezuelan senior political figures and their… more

NAD Addresses “Best Selling” Claims

Benefit Cosmetics advertised that its They’re Real Mascara was the “#1 best-selling Prestige Mascara in the U.S.” and the “#1 best-selling Prestige Mascara in the U.S. for 3 years.” A disclosure linked to the first claim explained that… more

Samson Resources Preference Actions Filed In Delaware

Starting on September 12, 2017, Peter Kravitz, as Settlement Trustee of the Samson Settlement Trust, filed approximately 293 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under… more

Financing Risks of Vessel Modification Outside the United States

Whilst there is much in the news at the moment about the relaxing of the Jones Act in the aftermath of the recent (and on-going) hurricanes, we consider the financing risks of vessel modification outside the United States: The… more

The Corporate Transparency Act: A Proposal to Expand Beneficial Ownership Reporting for Legal Entities, Corporate Formation Agents and – Potentially – Attorneys

In late June, Representatives Carolyn Maloney and Peter King of New York introduced The Corporate Transparency Act of 2017 (the “Act”). In August, Senators Ron Wyden and Marco Rubio introduced companion legislation in the Senate… more

Premium Processing Resumed for H-1B Cap Petitions

USCIS has resumed premium processing for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. This includes petitions receipted in this year's H-1B lottery process, subject to the standard H-1B cap of 65,000 and the… more

California Court Weighs in on the FTC’s Data Security Enforcement Authority

This week, a District Court in Northern California weighed in on the U.S. Federal Trade Commission’s (FTC) authority to protect consumers from “unfair” and “deceptive” data security practices. The decision, which granted in part and… more

My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority

An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at issue, courts… more

IRS Offers Tax Relief for Those Impacted by Irma, Including for 1031 Exchanges

President Trump’s declaration of a major disaster in Florida and Georgia as a result of Hurricane Irma provides important tax relief for those residing in these states. This declaration provides automatic relief for those facing… more

Campaign Launches to Boost Enrollment in ABLE Accounts

New savings accounts for families of people with disabilities, known as ABLE accounts, are rapidly becoming available nationwide as programs continue to roll out on a state-by-state basis. But this new savings option, as potentially… more

Ohio Supreme Court Clarifies What Is and What Is Not Appealable to the Court of Common Pleas in Workers’ Compensation Claims

Confusion on what is and what is not appealable to the Court of Common Pleas has existed for decades. Determining what is and is not appealable to the Court of Common Pleas in workers’ compensation claims became a little clearer when… more

[Video]Everything Compliance-Episode 18, the Post Harvey Edition, Part II

The top compliance roundtable podcast is back with a wealth of new topics. 1. Matt Kelly considers the current state of the SEC and what he sees for changes by SEC Chairman Jay Clayton. 2. Mike Volkov opens with the intersection… more

[Video]Day 14 of Innovation in Compliance-Putting Compliance at the Center of Business Strategy

Another innovation is to put your compliance program at the center of corporate strategy. An article in the Harvard Business Review (HBR) by Frank Cespedes, entitled “Putting Sales at the Center of Strategy”, discussed how to connect… more

AGG Food and Drug Newsletter - September 2017

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC office, and… more

European Court Rules On Employee Monitoring Programs And Privacy

The Grand Chamber of the European Court of Human Rights (ECHR) issued its decision in the case of Barbulescu v. Romania (application no. 61496/08) on September 5, an appeal from a determination by the Romanian courts upholding an… more

CMS Provides Waivers in States Affected by Hurricanes Harvey and Irma

September 20, 2017 The Centers for Medicare & Medicaid Services (CMS) recently modified and waived certain Medicare enrollment and billing requirements to ensure the availability of adequate medical care for Medicare beneficiaries in… more

From the Server Room to the Board Room: D&O and Cybersecurity Emerging Trends

With breaches of nearly 150 million Americans’ personal information flooding the news the last few weeks, followed by the filing of more than 50 class action lawsuits to date, and the announcement of an FTC investigation, cybersecurity… more

EC Begins Consultation on Revising Recommendation on Definition of Nanomaterial

On September 15, 2017, the European Commission (EC) began a public consultation on the revision of the 2011 EC Recommendation on the definition of nanomaterial. The EC intended the definition to achieve consistent application of the… more

OSHA Announces Enforcement Policy For Construction Silica Standard

In a memorandum issued today from Thomas Galassi to OSHA Regional Administrators, OSHA has announced how it will handle enforcement of the new Silica Standard for the construction industry, which takes effect on September 23… more

Federal Judge Rejects Insurer’s Effort to Add Materials To Claims File on Eve of Trial

A federal judge in Arizona refused an insurer’s effort eight days before trial to supplement the underlying claim file in a bad faith litigation. The insurer sought to add approximately 60 pages of documents from the insured’s primary… more

European Commission Publishes Summary of FinTech Consultation

In March 2017, the European Commission published a consultation paper on FinTech, seeking input from stakeholders which could assist the European Commission’s policy approach towards technological innovation in the financial… more

Referral Sources Can Be A Protectable Interest Under Florida Law

In Florida, non-competition and other restrictive covenant agreements are enforceable to the extent they are tailored to protect a legitimate business interest. On September 14, 2017, the Florida Supreme Court held that a company’s… more

Agencies to Propose Amending CRA Regulations to Conform to HMDA Regulation Changes, and Remove References to the Neighborhood Stabilization Program

On September 13, 2017, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency jointly released proposed changes to each agency’s Community… more

Healthcare & Life Sciences Private Equity Deal Tracker: Bain Capital-Backed Navicure Merges With ZirMed

Navicure and ZirMed have announced the two companies are merging. Navicure, based Duluth, Ga., is a provider of cloud-based medical claims management and patient payment solutions. Bain Capital Private Equity acquired a majority… more

11th Circuit: Rights Of Breastfeeding Employees Protected By Federal Law

On September 7, 2017, the Eleventh Circuit in Hicks v. City of Tuscaloosa, 16-13003 held that breastfeeding is covered under the Pregnancy Discrimination Act (“PDA”). In Hicks, the doctor for a police officer with the Tuscaloosa… more

EPA Announces Updates to Pesticide Label Review Manual

On September 19, 2017, the U.S. Environmental Protection Agency (EPA) announced an update to Chapters 15 and 16 of the Office of Pesticide Programs’ (OPP) Label Review Manual. Updates to Chapter 15: Company Name and Address… more

Recent Warning Letters from FDA about Medical Devices: Investigational Device Exemptions and Lack of Marketing Authorization are the Focus

Over the past several months, the Food and Drug Administration (FDA) has issued several Warning Letters related to Investigational Device Exemption (IDE) requirements and misbranding. An IDE allows an investigational device to be used… more

United States ex rel Campie v. Gilead Sciences: Ninth Circuit Revives FCA Suit Despite Escobar’s “Demanding and Rigorous” Materiality Standard

The United States Court of Appeals for the Ninth Circuit unanimously reversed dismissal of a False Claims Act Complaint in United States ex rel. Campie v. Gilead Sciences. The most notable aspect of the case is that the panel revived… more

[Audio]Hsu Untied interview with Charlie Verhoeven, Partner at Quinn Emanuel

Today, my guest is Charlie Verhoeven, a Partner at Quinn Emanuel who is head of its Northern California offices and Co-Chair of the firm’s National Intellectual Property Litigation Practice. Charlie has won billion dollar defense… more

Looking Ahead to the 2018 Proxy Season: Preparing for CEO Pay Ratio Rules Disclosure Requirements

As part of the Dodd-Frank Wall Street Reform and Consumer Protection Act enacted in July 2010, Congress directed the Securities and Exchange Commission (SEC) to adopt pay ratio disclosure requiring public companies to disclose the… more

Net-Metering/Arkansas Public Service Commission: Joint Report/Recommendations of Working Group Filed

A Joint Report and Recommendations of the Net-Metering Working Group (“Report”) was filed before the Arkansas Public Service Commission (“PSC”) on September 15th. See In the Matter of Net-Metering and the Implementation of Act 827 of… more

IHOP Restaurants Sued by EEOC For Sexual Harassment

Conduct Included Simulated Sex Acts, Solicitations for Sex, and Physical Threats, Federal Agency Charges - ST. LOUIS - Two related International House of Pancakes (IHOP) franchises violated federal law when the male general manager… more

Health Care Weekly Preview from ML Strategies – September 2017 #2

Welcome back everybody. The House is out this week and the Senate is out Thursday and Friday with a lot to sort out before they skip town. Graham-Cassidy has people on edge because, if nothing else, it is still alive. The prognosis for… more

5 Action Items from the #LMASE17 Conference to Make an Immediate Impact at Your Law Firm

A recap of the 2017 LMA Southeast Conference, with actionable takeaways for marketers and BD teams, from Jennifer Simpson Carr, Business Development Manager at Lowenstein Sandler… more

Florida Development Permits Eligible for Extension Due to Hurricane Irma

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Hurricane Irma. Holders of certain development orders can request at least an additional six months to complete… more

EU State Aid Enforcement: What Multinationals Need to Know

In recent years, the European Commission (EC) has been actively enforcing European Union state aid violations, an area of law that is unique to Europe but has wide-ranging implications for multinationals with investments in the EU… more

Vedder Price Business Immigration Alert - September 2017

1. September 18, 2017: Employers Must Use New I-9 Form. As you may recall, the U.S. Citizenship and Immigration Services (“USCIS”) recently released yet another revised version (edition 07/17/17) of Form I-9, Employment Eligibility… more

Proposed 2016 “White Collar” Regulations Struck Down; DOL Starts Work on New Regulations

The winding legal path of the 2016 “white collar” regulations has come to an end. On August 31, 2017, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s… more

Judicial Estoppel Defense in Bankruptcy Claims Likely to Get More Difficult

A recent decision from the Court of Appeals for the Eleventh Circuit has impaired a valuable defense for early dismissal or settlement with bankrupt plaintiffs. This decision will affect strategy for mortgage originators, servicers… more

Proposed Massachusetts Tax Regulations for Online Vendors Effective October 1, 2017

In response to public comments issued on September 8, 2017 that won’t be published in the Massachusetts Register until September 22, 2017, the Massachusetts Department of Revenue (“DOR”) will require online vendors to collect… more

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