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Has your business appointed a whistleblowers' champion?

If your firm is a UK deposit-taker with assets greater than £250 million, a Prudential Regulation Authority (PRA) designated investment firm or a firm within the scope of Solvency II, you should have appointed a whistleblowers'…more

April 30 Deadline for Pre-approved Defined Contribution Plans

This is a follow-up on the IRS’ recent reminder to plan sponsors using pre-approved defined contribution plans (i.e., prototype and volume submitter plans) that they must adopt restated plan documents by the end of this month..…more

Developer Control of Homeowner Associations Could Diminish in South Carolina

State Committee at work; legislation pending - The South Carolina 2015-2016 Appropriation Act established the "South Carolina Committee on Homeowners Associations." Thirteen individuals, consisting of lawmakers, developers…more

To be prepared is half the victory

In the second in our series of alerts relating to drug pricing, we identify several considerations and potential actions that a pharmaceutical or biotechnology company can take to address the current headwinds impacting medical…more

New York Presbyterian Hospital Settles OCR HIPAA Investigation

On April 21, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced a $2.2 million settlement with The New York and Presbyterian Hospital (“NYP”) regarding NYP’s impermissible disclosure of…more

UCC Standing Blocked in Recent Sabine Decision

What showing must creditors make to be granted the right to prosecute claims on behalf of the bankruptcy estate? Under the widely recognized standard established by the Second Circuit in In re STN Enterprises, a bankruptcy court will…more

Ethics And Compliance Initiative Provides Guidance On Establishing High Quality E&C Programs

The Ethics and Compliance Initiative has released a report of its blue ribbon panel on the Principles and Practices of High-Quality Ethics & Compliance Programs, designed to provide practical guidance for companies that want to…more

Class Actions Under New Jersey Warranty Law Threaten to Turn Terms-of-Service Boilerplate Into Big Potential Risks

Do your Terms of Service preclude litigants from claiming consequential damages or attorneys’ fees? If new class action lawsuits in New Jersey are right, merely including these terms, and potentially many other disclaimers, violates…more

Are retirement ages in PHI schemes age discriminatory?

Mistakes by employers in relation to an employee's entitlement to PHI can be very costly. In one leading High Court case, Aspden v. Webbs Poultry & Meat Group (Holdings) Limited [1996] I.R.L.R. 521, an employee was awarded around…more

Who’s Got PRINCE Control?

My home state of Minnesota prides itself primarily on three things: our ability to withstand our winters, our 10,000 lakes, and our dearly beloved Prince. While we take a beating when it comes to our sports teams, all of his purple…more

Defend Trade Secrets Act Passes House, Moves to President for Signature

One week after the House Judiciary Committee unanimously reported the Defend Trade Secrets Act of 2016 to the House floor, the full House approved the bill, 410-2. The two no votes were from tea party Republicans, Rep. Justin Amash…more

The Great Brexit Debate - Will they, won’t they, and what happens next…?

The UK is now counting down to the 23 June 2016 referendum on whether to stay in or leave the European Union. Brexit would have significant implications for the current UK legal and regulatory framework as EU regulation touches almost…more

The Write Stuff: Tips for Writing for New Business with Attorney Gerald Nowotny

Gerry has a great amount of insight into business development through content (and he should know, given his tremendous business success via writing). If you are facing a case of writer’s block, consider these ideas for generating…more

Trump Campaign Sued In Federal Court in Illinois

Earlier this week, Illinois resident Joshua Thorne filed a purported class action against Donald J. Trump for President, Inc., in the Northern District of Illinois. See Thorne v. Donald J. Trump For President, Inc., No. 16-4603 (N.D…more

C.D. Cal. Dismisses Infusion Pump Complaint

The plaintiff in Frere v. Medtronic, Inc., 2016 WL 1533524 (C.D. Cal. April 6, 2014), was an 80 year-old woman who had an infusion pump implanted to treat her chronic low-back pain. According to the plaintiff, the device never…more

Federal "Defend Trade Secrets Act of 2016" Passes in Congress Today: How the DTSA Affects Your Business

Over the past decade, as companies moved into a digital world, so too moved their most valuable assets and proprietary information. As a result, the United States witnessed a significant uptick in data theft and misappropriation as…more

Climate change Regulation Starts to Take Shape in Washington State

In 2015, the Washington Legislature failed to act on Governor Jay Inslee’s cap-and-trade proposal to limit the greenhouse gas emissions that cause climate change. Since then, all branches of Washington State government, as well as the…more

Delaware Committee Formation Meeting for AF-Southeast, LLC, et al.

Upcoming Committee Formation Meeting: Thursday, May 5, 2016, 1:00 p.m - Case Name: AF-Southeast, LLC, et al. Case Number: 16-11008 (KG)…more

SEC Crowdfunding Rules to Become Effective May 16

Securities and Exchange Commission rules authorizing equity crowdfunding become effective May 16, 2016. Under the crowdfunding rules, an eligible company may raise up to $1 million on the internet in a 12-month period, through either a…more

NLRB Regional Director Files a Complaint Alleging that Misclassification of Workers as Independent Contractors is an Unfair Labor Practice

On April 18, the Regional Director for the National Labor Relations Board (the “NLRB”)’s Los Angeles office issued an unfair labor practice complaint against a transportation company, alleging that the company had misclassified its…more

PCAOB Evaluates Audit Firm Communications with Audit Committees

On April 5, the PCAOB issued a report regarding compliance with Auditing Standard No. 16, Communications with Audit Committees (AS No. 16), based on its inspections of issuer audits during its 2014 inspection cycle. AS No. 16 became…more

Three Rules for Every Change on Every Construction Project

A construction contract without a changes clause is like a boat without a captain. The boat will never reach its destination, and the construction project will never reach proper completion. The changes clause protects owners against…more

The Beat Goes On: D.C. Circuit Upholds NLRB View That Orchestra Musicians Are Employees

Last week, a federal appeals court enforced a ruling by the NLRB that orchestra musicians are employees, not independent contractors. The import of the decision in Lancaster Symphony Orchestra v. NLRB is sure to reverberate in concert…more

In Biggest Expansion of IP Law in 70 Years, Congress Passes Defend Trade Secrets Act

Yesterday Congress passed federal trade secrets legislation (the “Defend Trade Secrets Act” or “DTSA”) by an overwhelming 410-2 vote. The Wall Street Journal notes that the DTSA has been called the “most significant expansion” of…more

Perception Is Everything: Supreme Court Expands First Amendment Protections for Public Employees

In a decision that may expand the "zone of interest" protected by the First Amendment via 42 U.S.C. §1983, the Supreme Court in Heffernan v. City of Paterson, strengthened free speech rights for public employees by holding a public…more

Executive Labor Summary - March / April 2016

NEWS & ANALYSIS - DOL’s “Persuader Rule”: Fight on! – As we have previously reported, the U.S. Department of Labor on March 24 issued new regulations that adopt a new interpretation of the "persuader" reporting requirements under…more

Defend Trade Secrets Act of 2016 Heading to White House: What You Should Know Now

Congress has finally passed the anticipated Defend Trade Secrets Act of 2016 (DTSA). The bill, which is now on its way to the White House and is expected to be signed by President Obama, will be effective immediately once it is signed…more

Harmonized Reporting for Private Placements (with Increased Disclosure Requirements)

An issuer that distributes securities to the public must either file a prospectus with securities regulatory authorities and deliver such prospectus to prospective purchasers, or rely upon a prospectus exemption available under…more

Global Impact: China's ZTE Added to BIS Entity List but Granted Temporary Export License

On March 8, 2016, the United States Commerce Department's Bureau of Industry and Security (BIS) published a notice in the Federal Register announcing that China's ZTE Corporation (ZTE), along with three of its affiliates, were added to…more

Restarting the Clock: Court of Appeal Affirms Two-Year Limitation Period for Oppression Remedy Cases

In its recent decision in Maurice v. Alles, the Court of Appeal for Ontario held that oppression remedy claims under the Ontario Business Corporations Act (OBCA) must be commenced within the general two-year limitation period…more

California Sues Mendota Bioenergy LLC Over $1.7 Million In Misspent Public Money

On April 8, 2016, the California State Energy Resources Conservation and Development Commission (Commission) sued Mendota Bioenergy LLC, claiming it improperly spent public money targeted for equipment purchases…more

COA Confirms That Any Appeals in Suits Designated Complex Business Cases After October 1, 2014 Must Go to the NC Supreme Court, or Face Dismissal

Today the Court of Appeals issued a decision addressing Session Law 2014-102, the 2014 Business Court Modernization Act, which requires that appeals in matters that are designated as mandatory complex business cases go straight to the…more

“The larger the corporation, the larger the fine”: A corporate defendant’s financial circumstances is a relevant sentencing factor for breaches of a regulatory scheme

A small, family owned and operated custom cabinet business was fined $75,000 plus the Victim Fine Surcharge of $11,250 after pleading guilty to failing to ensure, as far as reasonably practicable, the health and safety of a worker. The…more

Alberta announces new oil and gas royalty calculations

On January 29, 2016, Alberta’s Royalty Review Panel issued its report (the Report) recommending a new modernized oil and gas royalty framework (the New Framework) which will apply to all new wells spud on or after January 1, 2017…more

Sharp Increase in NJ Consumer Class Actions as Company Websites Targeted

A formerly obscure, 35-year-old New Jersey statute is increasingly taking its place as the claim of choice for class action lawyers suing consumer-facing companies. Most recently, plaintiffs' lawyers are using the ambiguous statute to…more

Insurance Europe Raises Concerns over Misunderstanding of Ultimate Forward Rate

On April 21, 2016, Insurance Europe, the European insurance and reinsurance federation, released a press release raising concerns over how Solvency II liabilities are currently calculated, including discount rates. This press release…more

Inspecting Foreign Corporation Shareholder Lists

Recently, I’ve written about the “absolute” right of shareholders to inspect the shareholders list pursuant to California Corporations Code Section 1600. Readers at, or representing, foreign corporations may have skipped these posts…more

Oman Market Developments

The Sultanate of Oman is the longest continually independent Arab country in modern history, having marked the 45th anniversary of its establishment last year. Looking to the future the Sultanate's long term strategy, Vision 2020 seeks…more

What The $100M Uber Settlement Means To All Employers

The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the foremost…more

The GAO’s Report on Contracting with ANC-Owned 8(a) Firms And Its Potential Impact on Tribally-Owned 8(a) Firms

The Government Accountability Office (GAO) recently issued a report, titled “Alaska Native Corporations: Oversight Weaknesses Continue to Limit SBA’s Ability to Monitor Compliance with 8(a) Program Requirements.” The report was…more

DOL Finalizes The ERISA Fiduciary Regulation -- What It Means For Your Business

In the face of controversy and following thousands of comments from market participants and lawmakers, the Department of Labor (“DOL”) has finalized sweeping changes to the definition of “fiduciary” under the Employee Retirement Income…more

Are long-term leases that are not in registrable form in breach of the Planning Act (cap 232)? - A case study of Golden Village Multiplex Pte Ltd v Marina Centre Holdings Pte Ltd [2001] 2 Sing. L.R. (R.) 450

Under the Planning Act (Cap 232), leases of certain tenure (taking into consideration their renewal terms, if any) may constitute a subdivision for which subdivision permission is required. This issue was considered and analysed…more

Seventh Circuit Holds No Agreement Entered Into With Respect To On-Line Contract

This case arises from an appeal from an Illinois federal district court, which ruled that TransUnion, a credit reporting agency, did not give a putative class of its website users proper notice of an arbitration agreement, and thus no…more

Section 1557 of the ACA: The Legal Side of Health Equity

This week marks the end of National Minority Health Month and its 2016 theme of “Accelerating Health Equity for the Nation.” This month, the HHS Office of Minority Health’s goal was to “raise awareness of the health disparities that…more

Do Not Tinker with The 998 Offer to Compromise!

Woodland Hills personal injury lawyer Barry P. Goldberg is a huge advocate of using the Code of Civil Procedure § 998 Offer to Compromise in every case that is in litigation or going to trial. In addition, it should be used as a “cost…more

New ACA, et. al. FAQs Cover Items From “Top” to “Bottom”

On April 20, the “Big Three” agencies (DOL, Treasury/IRS, and HHS) released another set of FAQs (the 31st, for those of you counting at home). Consistent with earlier FAQs, the new FAQs cover a broad range of items under the Affordable…more

U.S. Companies May Risk Liability Under Canadian Anti-Spam Law

U.S. companies may soon risk litigation for failing to comply with the provisions of Canada’s anti-spam law (CASL) in their electronic communications to Canadian consumers. While this anti-spam law has been in force since 2014, its…more

Hutchison v. Shull: Expanding Iowa’s Open Meeting Law (Part 1)

Warren County is governed by a three-member Board of Supervisors. The supervisors asked the Warren County Administrator to assist the Board in their stated goal of improving the efficiency of the county government. To that end, the…more

CFPB Takes Action Against Co-Founders of California Online Lead Aggregator

On April 21, the CFPB filed two complaints against individual operators of an online lead aggregator for their alleged involvement in the company’s practice of reselling consumers’ sensitive personal data to lenders and debt collectors…more

Non-Compete Agreements Cannot be "Reasonable-ized" by Court--Even with the Parties' Consent

Yesterday, the Supreme Court stiffened its stern treatment of non-compete agreements. At issue in Beverage Systems was a non-compete clause that allowed the trial court to modify its geographic scope if the court determined the…more

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