Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

The Latest Research on Sports-Related Injuries

The latest research on sports-related injuries has shown many new developments. First, the CDC found that ER visits in the U.S. have risen by about 60 percent in the past 10 years. About 170,000 youth sports-related brain injuries…more

Revised Rules on Dodd-Frank Incentive Compensation Requirements for Financial Institutions Proposed

If adopted, the Proposed Rule would have a significant impact on compensation practices at covered institutions. On April 21, 2016, the National Credit Union Administration (the NCUA) issued a proposed rule regarding…more

Focus on Corruption: Myanmar - A New Beginning?

Historically, Myanmar has not been known as a country with a focus on anti-corruption and anti-money laundering. In 2015, the Frankfurt-based Transparency International ranked the country as one of the most corrupt places to do…more

New Changes to the Parent Education Program in Massachusetts

As a family law attorney, I’m often met with surprise (even outrage!) when I tell my clients that they’re required to participate in a Parent Education Program in connection with their Massachusetts divorce. People always say that it’s…more

U.S. Department Of Justice Threatens NC Over HB 2

The U.S. Department of Justice sent a letter yesterday to Gov. Pat McCrory, giving him until Monday, May 9, to “confirm” that he does not plan to enforce the “bathroom” provisions of HB 2 as they apply to public agencies. If he fails…more

Your daily dose of financial news The Brief – 5.5.16

The Consumer Financial Protection Bureau is releasing a rule today that will ban consumer financial services providers from “prohibiting customers, through contracts with mandatory arbitration clauses, from filing or joining class…more

False Claims Act Liability Based on Implied Certification

When the U.S. Supreme Court granted certiorari in Universal Health Services v. United States ex rel. Escobar in late 2015, health care providers began optimistically awaiting a decision. This case is expected to decide whether the…more

"Maryland Amends Pay-to-Play Disclosure Law"

On April 26, 2016, Maryland Gov. Larry Hogan signed a bill amending the state’s pay-to-play disclosure law. The law currently requires that a filer include on its reports contributions made by or attributed to the filer or…more

CIO Insights into Compliance’s Use of Data Analysis

Earlier this year the Wall Street Journal (WSJ) ran a series called Journal Report entitled CIO Network. They met with and surveyed many Chief Information Officers (CIOs) over multiple business sectors. I found the entire section quite…more

Is Social Media Sharing of Sports Clips Copyright Infringement? Recent UK Judicial Clarification and International Implications

In our annual review last year “Sports Industry 2015: A Year of Unprecedented Landmark Change”, we predicted that the battle against media piracy would be a key area for rights holders in 2016, highlighting “social media sharing” as a…more

More Legal Action in the Wake of Flint Water Crisis

We blogged about the Flint water crisis when class action lawsuits were filed earlier this year. The crisis began when Flint switched its water supply from Lake Huron via Detroit’s water system to the Flint River in April 2014…more

Georgia governor issues 17 vetoes

Georgia's Republican governor on Tuesday issued his final 16 vetoes of legislation passed this session by the GOP-controlled legislature, most notably breaking with his party over a controversial measure that would have allowed…more

Preference Defendants, Rejoice! Services Billed in a Lump Sum Can Be Allocated Per Diem, for Your New Value Defense

Preference actions are, for the most part, insanity. We won’t go on a tirade here. But recently, a ruling brings common sense to the “new value” defense…more

Many Tennessee Employers Will Soon Be Required To Use E-Verify

Tennessee’s state immigration law just received an important update by the state legislature and Governor, and many employers in the state will soon be impacted. Beginning January 1, 2017, all Tennessee businesses with 50 or more…more

But Will You Work for Free? The Difficulty in Using Unpaid Interns

The sun is starting to peak from behind gray clouds, and we all know what that means: summer is almost upon us! School is out, time for beach trips, barbeques, fireworks…and unpaid internships. With droves of undergraduate and graduate…more

New Changes to the Parent Education Program in Massachusetts

As a family law attorney, I’m often met with surprise (even outrage!) when I tell my clients that they’re required to participate in a Parent Education Program in connection with their Massachusetts divorce. People always say that it’s…more

Has Your Promissory Note Been Outlawed?

The modern understanding of the term “outlaw” is someone who has broken the law and has not been captured and brought to justice. There is, however, another sense of the term. A note is said to be “outlawed” when the statute of…more

USCIS Announces FY 2017 H-1B Visa Cap Lottery Complete

On May 2, the U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the data entry of all FY 2017 H-1B cap-subject petitions for both the “advanced degree” exemption petitions as well as the general-category…more

Trump campaign sued for sending spam texts in violation of TCPA

Donald J. Trump for President, Inc., which is the official campaign committee for candidate Donald Trump, was named in a putative class action case on April 25, 2016, for sending unwanted text messages to individuals. The case was…more

New York State’s Microgrid Development Incentives: NYSERDA Rolls Out Stage 2 of NY Prize Competition

On April 20th, the New York State Energy Research and Development Authority (NYSERDA) issued a request for proposals (RFP) for Stage 2 of the NY Prize Community Grid Competition. The NY Prize Competition supports the development of…more

Key Takeaways from FDA's New Guidance for Prescription Drug Compounders

On April 15, 2016, the Food and Drug Administration (FDA) released draft guidance that describes the FDA's interpretation of drug compounding standards under Sections 503A and 503B of the Food Drug & Cosmetic Act (FD&C Act). The three…more

EU General Data Protection Regulation published - will you be ready by 5/25/2018?

Today, May 4, 2016, the General Data Protection Regulation (GDPR) was published in the Official Journal of the European Union. This means you now have until May 25, 2018 to ensure your data processing activities comply with the newly…more

Cybersecurity: You can't afford to ignore it anymore

In late March, newspapers confirmed that a Russian hacker named "Oleras" targeted 48 law firms (most of which are Am Law 100 firms). Oleras planned to hack these firms to secure confidential and highly valuable insider information…more

UK Regulator Proposes Improvements to UK’s Wholesale Debt Listing Regime

The Financial Conduct Authority, in its capacity as securities listing authority, published a report on proposed changes to improve the UK’s wholesale debt listing regime. The report comes following an initiative launched by the FCA…more

World Bank v. Wallace: SCC Endorses Importance of International Anti-Corruption Efforts

On April 29, 2016, the Supreme Court of Canada (SCC) upheld archival and personal immunities of an international organization (the World Bank Group) and its anti-corruption investigators. The SCC’s decision in World Bank Group v…more

Crowdfund Your Restaurant: New Equity Financing Option Could be Industry Game Changer

Have you always dreamed of investing in a restaurant, but never had the capital necessary to make that vision a reality? Or, perhaps you are an aspiring restaurateur looking to engage local food lovers more deeply in the launch of your…more

Dutch Court Sets Aside USD 50 Billion In Yukos Arbitration Awards

In a judgment handed down on 20 April 2016, The Hague District Court set aside the awards in three arbitrations rendered against the Russian Federation in investment treaty cases brought by former shareholders in Yukos…more

Tattoos, Haircuts, And Head Coverings – We're Not In Kansas Anymore

As our society has evolved and changed, standards for acceptable dress and appearance have also been transformed. For example, tattoos, once seen mostly on bikers and those who had served in the military, are now mainstream. An…more

Medical error ranks as No. 3 killer in U.S., claiming 250,000 lives annually

Medical errors claim the lives of roughly 685 Americans per day- more people than die of respiratory disease, accidents, stroke and Alzheimer’s. That estimate comes from a team of researchers led by a professor of surgery at Johns…more

Class Certification Improper in Data Breach Case, PA Appellate Court Finds

The Pennsylvania Superior Court has affirmed a trial court's decision denying class certification in a data breach case against two health plans, reversing its own earlier ruling in the same case that the plaintiff did not have to show…more

Blog: Part VII Transfers: UK Court makes an order affecting a New York excess & surplus lines trust

The Copenhagen Reinsurance Company (CopRe) asked the UK High Court to make an Order sanctioning the intra-group transfer of the whole of its (re)insurance business to the Marlon Insurance Company (Marlon). Each of CopRe and Marlon…more

U.S. Fish and Wildlife Service Authorizes Take of the Last Known Wild Jaguar in the United States

On April 28, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a revised Biological Opinion and Incidental Take Permit for the Rosemont Copper Mine in Pima County, Arizona. USFWS originally issued a Biological Opinion and…more

2016 Stark Law Updates

Centers for Medicare and Medicaid Services (CMS) issued the 2016 Medicare Fee Schedule (the "Schedule") in an effort to facilitate compliance with the Physician Self-Referral Law (the "Stark Law"). Generally, absent an exception, the…more

Sprint Communications Inc. Asks the U.S. Supreme Court to Hear Bundling Issue

On February 18, 2016, Sprint Communications Inc. filed a petition for a writ of certiorari asking the United States Supreme Court to review the New York Court of Appeals’ denial of Sprint’s attempt to dismiss the approximately $400…more

Falling Seniors Prone to Car Wrecks

Association Between Falls and Driving Outcomes In Older Adults is the name of the AAA Foundation study. Drivers over the age of 60 are involved in approximately 400,00 car crashes annually, according to the study’s findings…more

Another Pom Case

No, this one isn’t about uniforms. The Supreme Court has refused to hear POM Wonderful’s appeal of FTC findings that claims in POM’s advertising were misleading. POM’s ads claimed that its juice could help prevent heart disease…more

European Banking Authority Consults on Regulatory Technical Standards for Disclosure of Encumbered and Unencumbered Assets

The European Banking Authority published a consultation paper on draft regulatory technical standards under the Capital Requirements Regulation on the disclosure of encumbered and unencumbered assets. The CRR requires the EBA to…more

Derivatives: ISDA Announces 2016 New York Law Variation Margin Credit Support Annex

On April 14, 2016, the International Swaps and Derivatives Association, Inc. (ISDA) announced the 2016 ISDA Credit Support Annex for Variation Margin for use with New York law transactions (the 2016 CSA). ISDA is in the process of…more

Concession Contracts Regulations 2016

After a long legislative process which began in Brussels over 10 years ago the Concession Contracts Regulations 2016 (Regulations) have finally come into force in England, Wales and Northern Ireland…more

Managing Employee Requests for “Indefinite” Disability Leave: the D.C. Court of Appeals Offers Guidance

Managing employees’ requests for disability accommodations can be challenging, particularly when an employee requests leave for extended or unlimited periods of time. A common misperception by employers is that once an employee’s FMLA…more

9th Circuit Approves Neutral Rounding of Time

If you read one thing... - In Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, the Ninth Circuit held that both federal and California law permit employer to round employees’ time punches to the nearest 15…more

DOL Final Fiduciary Rule - What You Need to Know

On April 6, the Department of Labor released its long awaited final fiduciary rule, which expands the reach of ERISA's definition of "fiduciary" by redefining when a person is treated as rendering investment advice. Under the final…more

UK Financial Regulatory Developments - April 2016 #25

ECB opines on establishing EDIS - ECB has issued an opinion in relation to the proposal for a Regulation to establish a European Deposit Insurance Scheme (EDIS). ECB recognises that an EDIS is the necessary third pillar to…more

PCI SSC Releases Version 3.2 of Data Security Standard

On April 28, 2016, the Payment Card Industry Security Standards Council (the “PCI SSC” or “Council”) released a new version of its Data Security Standard (“PCI DSS”), version 3.2. Significantly, the updated standard requires…more

Seeing your first Medicare GME dollars

Hospitals that decide to begin training residents and become new teaching hospitals often wonder when they will start to receive Medicare graduate medical education (GME) funding. Will the money come in the door the first day the…more

European Commission Assesses Progress on Capital Markets Union

The European Commission published a status report on progress made since the adoption of the Capital Markets Union Action Plan. The European Commission's Action Plan, published in September 2015, set out the steps for the medium and…more

Apparel Peril!

These are perilous times in the apparel sector. What seems on the surface to be a contradiction–a series of underwhelming sales reports in apparel sales, coinciding with a dramatic and ongoing expansion in many types of apparel…more

Trade Secrets and Cloud Services: Is the Sky the Limit?

Germany is not only known as one of the best countries for enjoying beer and bratwurst, but it is also known as a country with some of the strictest data privacy laws on the planet. Within this environment, should companies doing…more

Legal Challenge to FCC’s TCPA Omnibus Ruling Ready for Court Decision

The FCC’s July 2015 Omnibus Ruling ("the Ruling") interpreting certain provisions of the Telephone Consumer Protection Act (TCPA) has been widely denounced by business interests for its expansive interpretation of the statute’s…more

The death of Australian Unit Trusts Federal Budget announcement of new selection of Collective Investment Vehicles

Does the Federal Budget announcement of a new selection of Collective Investment Vehicles herald the dawn of a new age in investment management in Australia? Is this the beginning of the end for Australian Unit Trusts?…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck is a nationally recognized law firm that has assisted working men and women for over 50 years. Each year the firm recovers millions of dollars in…

[ About | Legal Updates ]