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OCR Clarifies confusion with the $6.50 flat fee charge for PHI

In response to several questions received after the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) published a fact sheet in early 2016 on individuals’ rights to access protected health information…more

Uniform Voidable Transactions Act Signed Into Law by Iowa Governor

Iowa Code 674 Uniform Fraudulent Conveyance Act amendments were signed by the Iowa Governor on March 31, 2016. A successor to the Uniform Fraudulent Transfer Act (UFTA), this newly-signed Act is now known as the Uniform Voidable…more

Road Rage and Motorcycle Accidents

It’s no surprise to anyone who has driven in Southern California that the term “road rage” was coined by a Los Angeles news team to describe the level of aggravation many drivers feel after sitting in traffic on the 10, 405 or 101…more

If Time is Money Should Business People Use Private Jets?

The long check-in lines, irritating fees, complex routing and lack of confidentiality in conversations has motivated many businesses to use private jets for their executives. One of the issues in acquiring, or chartering a private jet…more

Zapproved’s Brad Harris on Fundamentals of a Good Evidentiary Preservation Plan

The duty to preserve evidence is well established; litigants must take reasonable steps to ensure information is not deleted or altered once the duty arises. The duty to preserve applies equally to both plaintiff and defendant, and is…more

US Consumer Financial Protection Bureau Issues Rulemaking Agenda; Delays Issuance of Prepaid Card Rule

The Consumer Financial Protection Bureau issued a semiannual update of its rulemaking agenda which provides an overview of the agency’s major current initiatives. Among other initiatives, the CFPB notes that it expects to issue a final…more

2014 Statistics of Income

The IRS regularly releases information garnered from tax filings. For those with an interest in this sort of information, based on individual income tax returns for 2014..…more

MACRA Proposed Rule: CMS Provides Details on Implementing Medicare’s New Quality Payment Program

On May 9, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule addressing the implementation of physician payment reforms included in the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”)…more

CFPB Files Complaint Against Payday Lending Company for Alleged Deceptive Practices

On May 11, the CFPB filed a complaint for alleged violations of the Consumer Financial Protection Act of 2010 (CFPA) against a Mississippi-based company offering cash checking services and payday loans. Regarding the company’s check…more

State Supreme Court Protects Trade Secrets from Disclosure in Litigation

The Supreme Court of Texas recently ruled that a trial court erred in a hearing on a misappropriation of trade secrets claim. The lower court had summarily refused the plaintiff's request to exclude the designated corporate…more

[Video]5 Steps To Effectively Manage Workers’ Compensation Claims - Part 1 of 3

In part 1 of a 3 part video series, McNees attorney Denise Elliott discusses the tricky world of workers’ compensation claims by walking you through the five steps to effectively manage workers’ compensation claims…more

DOL’s New “White Collar” Exemption Rule to Impact Health Care Industry

On May 18, 2016, the U.S. Department of Labor (“DOL”) announced the publication of a final rule that amends the “white collar” overtime exemptions to the Fair Labor Standards Act (“FLSA”) to significantly increase the number of…more

New Changes to European Trademark Prosecution

As of March 23, 2016, the “Community Trade Mark” (CTM) is going by a new name: the “European Union Trade Mark” (EUTM), reflecting the evolution of the European Community into the European Union. By force of Regulation No. 2015/2424…more

When Someone Is Missing, Is Consent Unanimous?

The word “unanimous” is derived from two Latin words, unus (meaning one) and animus (mind). Thus in Plautus’ play, the servant, Stichus, tells his friend, Sagarinus: “ego tu sum, tu es ego, unianimi sumus (I am you and you are I, we…more

Minimizing ‘Alter Ego’ Risk for Irish and Northern Irish Parents of US Affiliates

Previously, I’ve written how forming a U.S. affiliate can be like using a lightning rod for U.S. litigation risk. Properly used, a U.S. affiliate can help keep U.S. litigation risk away from the Irish/NI parent and its investors…more

No Variation Clauses: Worth the Paper They're Written On?

In Globe Motors v TRW Lucas Varity Electric Steering, the English Court of Appeal has considered the effect of 'no variation' clauses that stipulate the formalities required for any subsequent amendment to the parties' contract. The…more

Suncor Clears Important Hurdle in Implementation of Random Alcohol and Drug Testing in Alberta

Employers seeking to introduce random alcohol and drug testing in hazardous work environments have reason to be optimistic following the recently released decision in Suncor Energy Inc. v. Unifor Local 707A. Justice D.B. Nixon held…more

Vague OHSA charges must be clarified: court orders prosecutor to provide particulars of charge

A judge has ordered a prosecutor to provide “particulars” of a vague charge under the Nova Scotia Occupational Health and Safety Act, so the constructor could understand the charge against it…more

Eighth Circuit Orders Coverage For Hackers’ Fraudulent Wire Transfer

Financial institution bonds come in various forms, depending on the nature of the insured business (e.g. bank, broker, insurance company). Common forms are fidelity bonds and commercial crime policies. These policies provide first…more

It’s Not Just In Your Head: FTC Announces Yet Another Brain Health Settlement

The FTC recently announced another settlement involving a cognitive health product. According to the FTC’s complaint, LearningRx Franchise Corp. and its CEO, Dr. Ken Gibson, deceptively claimed that their brain training programs were…more

Designs law reform in Australia: Prior art base, Grace periods, Screen displays and other changes

May 2016 - The Australian Government has responded to a series of recommendations for reform of Industrial Designs Law by the Advisory Council in Intellectual Property (ACIP). ACIP made 23 recommendations in its final report, many of…more

Meeting Of The Biomass Research And Development Technical Advisory Committee Announced

On May 25, 2016, the U.S. Department of Energy (DOE) published a notice in the Federal Register announcing an open meeting of the Biomass Research and Development Technical Advisory Committee. The purpose of the meeting is to develop…more

Defects during the project life cycle: FIDIC and UAE law

Defects affect construction projects throughout their life-cycle – from design to construction to use. UAE law and the FIDIC Red Book, the most common form of construction contract adopted in the UAE, have numerous provisions to…more

Federal Circuit Review | May 2016

Federal Circuit Construes Claim Term in a Manner that Rendered Claim Language Superfluous - In SimpleAir, Inc. v. Sony Ericsson Mobile Commc’ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court’s judgment of…more

Design Life Warranties and Fitness for Purpose in Construction Contracts: the Position in Australia and England

Originally published in Australian Construction Law Bulletin Volume 27 No 8 to 9 from page 126. 1. Introduction - Although Australian construction contracts quite commonly provide for design life warranties in respect of…more

SEC Awards At Least $5 Million to Whistleblower

On May 17, the SEC announced that a former company insider will receive between $5 million and $6 million for providing a “detailed tip” that led the agency to uncover securities violations. According to the SEC, without the…more

Office of the Privacy Commissioner announces first investigation under the address harvesting provisions

Last week, the Office of the Privacy Commissioner (OPC) announced its report of findings against Compu-Finder, a Quebec-based company that offers face-to-face professional training courses…more

Department of Labor Issues Final Regulations Trimming FLSA Overtime Exemption for White Collar Employees

New Rule Raises Salary Threshold to Qualify for Certain "White Collar" Exemptions. Overview - On May 18, 2016, the U.S. Department of Labor (the "DOL") published its final rule (the "Final Rule") updating overtime regulations…more

The Art of War (of the Roses)

In my first year of practice, a client suggested I read The Art of War by Sun Tzu. This recommendation has turned out to be invaluable in shaping how I approach cases. Although the book is an ancient military treatise, it has…more

Rights and Obligations in the Marriage

Under the UAE’s Sharia-based Family Laws, there are a number of rights and obligations set out for the benefit of both husband and wife. These laws govern various aspects of the couple’s relationship and family, but the main points are…more

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance (updated for 2016)

The attached chart constitutes a summary of the laws of various jurisdictions that govern data breach notifications…more

OFAC Amends Burmese Sanctions Regulations

On May 17, OFAC amended the Burmese Sanctions Regulations, 31 C.F.R. part 537 by adding a general license to authorize most transactions related to U.S. persons residing in Burma that are otherwise prohibited by the Regulations…more

The First Wave of Post-Grant Appeals

2015 brought the first wave of Federal Circuit decisions in appeals from inter partes review (IPR) and covered business method (CBM) proceedings. The trend has been deference: in 83 post-grant appeals, the Federal Circuit has affirmed…more

Recent Study Says American Economy Needs More Skilled Immigrants

A recent report by a Dartmouth College professor suggests that current H-1B are too restrictive, limit productivity grown and are cost businesses in the United States thousands of dollars per worker. At a time when immigration is a hot…more

FCC Proposes to Eliminate Two Public Inspection File Requirements for Broadcast and Cable

At its Open Meeting on May 25, 2016, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing to eliminate two public inspection file requirements – one that applies to broadcast stations…more

New FBI Ransomware Alert: Bureau Provides Key Guidance for Prevention and Business Continuity Planning

The Cyber Division of the Federal Bureau of Investigation (FBI) recently issued a new ransomware notice. The notice encourages organizations, regardless of industry and size, to focus on two areas in their efforts to minimize…more

Arrested Development: Fighting fraud & corruption in international aid

The following interview is with Oliver May. RB: Oliver, you’ve been specialising in how corruption affects aid organisations. Perhaps you could tell us a little about your background and how you got into that? OM: It would be…more

Land Use Matters: Alston & Bird LLP, May 2016

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please see full…more

Myanmar’s Scope of Prohibited and Restricted Activities for Foreign Investment – A New Revision

The Myanmar Investment Commission (MIC) issued notification 26/2016 on 24 March 2016 amending the list of activities in which foreign investment is prohibited or restricted, repealing the previous notification that dealt with this…more

Tips for CRM2 Compliance

The final phase of the Canadian Securities Administrators’ Client Relationship Model Project (CRM2) comes into force on July 15, 2016 when amendments to NI 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations…more

Drones, sUAS and More: A Basic Guide for Unmanned Aircraft Terminology

Terms referring to drones are often used interchangeably among operators, regulators and manufacturers. Many people use the common term “drone,” while commercial operators, public organizations and associations refer to more specific…more

FCC Updates Some Network Outage Reporting Rules; Seeks Comment on Other Issues Including Broadband and Possible Expansion of VoIP Reporting

More than a year after seeking comment on proposed revisions to its communications network outage reporting (NOR) requirements, the Federal Communications Commission (FCC or Commission) has released an Order. (The proposed NOR…more

Trademark Review | May 2016

Surname Not Registrable Absent Substantially Exclusive Use - As a result of various third-party uses of the surname “Ayoub” for similar services, Applicant’s use of AYOUB did not meet the requirement of Section (f) that use be…more

New Delaware Chapter 11 Filings – Vertellus Specialties, Inc. et al.

Vertellus Specialties, Inc., a global manufacturer of fine and specialty chemicals, and ten affiliates have filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware (Lead Case No. 16-11290)…more

Ontario Announces Significant Climate Change, Cap-and-Trade, GHG Emissions Legislative Developments

On May 18, 2016, the Ontario government (Government) passed the Climate Change Mitigation and Low-carbon Economy Act, 2016 (Act). The Government says that the Act’s objective is to make the province accountable for transparently…more

Environmental Groups File Suit Seeking Revision of E&P Waste Regulations

On May 4, 2016, the Environmental Integrity Project (EIP), National Resources Defense Council (NRDC); Earthworks; Center for Health, Environment and Justice; and three other environmental groups (hereinafter collectively referred to as…more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 2, May 2016

In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact had…more

New OJK Regulation on Indonesian Securities Companies

The Indonesian Financial Services Authority (Otoritas Jasa Keuangan - "OJK") has recently issued Regulation No. 20/POJK.04/2016 ("Regulation 20/2016") on the Licensing of Securities Companies that Conduct Business Activities as…more

TSCA Reform: An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) makes important changes to the Toxic Substances Control Act (TSCA) that result in fundamental shifts in the requirements and approach under the law, while…more

CFPB Publishes New Annotated Loan Disclosures

In emails sent to CFPB email subscription holders, the CFPB announced the publication of new annotated versions of the Loan Estimate and Closing Disclosure that include citations to sections in Chapter 2 of the Truth in Lending Act…more

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Contributor Spotlight

Richard Bistrong is the CEO of Front-Line Anti-Bribery LLC, a consultancy focused on real-world anti-bribery compliance, training, and initiatives. Richard spent much of his career as an…

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