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FHWA Proposes Bold Transportation Performance Measures to Reduce Carbon Emissions

Perhaps only by coincidence, on April 22—“Earth Day”—the Federal Highway Administration (“FHWA”) published a Notice of Proposed Rulemaking (“NPRM”) that, for the first time, would set performance measures for greenhouse gas (“GHG”)…more

FCC Takes Next Step to Move Public Files Out of the Main Studio

The FCC released the tentative agenda for its May 25 Open Meeting today, and topping the agenda is an item that could lift a burden that has been on the shoulders of commercial broadcasters for half a century. The FCC will vote on…more

Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels, multi-family…more

DOJ Antitrust Leader William Baer Departs to Take No. 3 Position in Justice Department

On April 11, U.S. Attorney General Loretta Lynch announced that William Baer, Assistant Attorney General (AAG) and head of the DOJ Antitrust Division, would resign from the Antitrust Division and be appointed acting Associate Attorney…more

Court Grants Motion Of Non-Signatory To Compel Arbitration Of Privacy Violation Claims Of Putative Class Of Verizon Customers

The class action was brought by Verizon subscribers against a “targeted advertising” company business partner of Verizon (Turn, Inc.) for deceptive trade practices under New York law. Plaintiffs alleged that Turn violated users’…more

What Does the New Defend Trade Secrets Act Mean for California Employers?

The Defend Trade Secrets Act (DTSA) allows companies for the first time to file civil lawsuits for trade secrets theft under federal law if the trade secret is “related to a product or service used in, or intended for use in…more

NTIA Seeks Input on the Internet of Things

Recently, the National Telecommunications and Information Administration (NTIA) published a request for public comment regarding the current technology and policy landscape of the Internet of Things (IoT). (IoT is the broad umbrella…more

U.S. Department of Health and Human Services Updates Criteria for Permissive Exclusion Under Section 1128(b)(7) of the Social Security Act

The HHS-OIG issued new guidelines on April 18, 2016 regarding the Secretary's exercise of the Department's permissive exclusion authority pursuant to Section 1128(b)(7) of the Social Security Act. The HHS-OIG's new guidance represents…more

Avoiding Pitfalls When Forced to Start Breaking Your Retirement Piggy Bank

The oldest of the 75 million baby boomers have begun turning 70 in 2016. Becoming a septuagenarian is a milestone in itself, but it also means that soon the IRS will likely be expecting you to start cashing out your tax-deferred…more

Court finds termination clause purporting to limit a 17-year employee’s termination notice to the 8 week statutory minimum to be “clear, express and unambiguous”

An Alberta court recently had the opportunity to consider the question of whether a termination clause was effective to take away an employee’s entitlement to pay in lieu of notice of termination in excess of the minimum set out in the…more

SEC Issues Order Modifying and Extending the Pilot Period for the National Market System Plan to Address Extraordinary Market Volatility

On April 21, 2016, the Securities and Exchange Commission issued an order extending the pilot period of the National Market System Plan to Address Extraordinary Market Volatility, otherwise known as the limit-up-limit down (“LULD”)…more

Financial Services Weekly News - May 2016

Regulatory Developments - CFPB Responds to Industry Concerns on Know Before You Owe Rule - On April 28, the CFPB issued a letter to banking and industry groups in response to an inquiry by the Mortgage Bankers Association…more

FFIEC proposes new rating system

The Federal Financial Institutions Examination Council (FFIEC), whose members include the CFPB, is proposing a new uniform interagency consumer compliance rating system to reflect changes in consumer compliance supervision since the…more

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

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About Patrick Malone: Patrick Malone is a leading patient safety advocate and attorney who represents seriously injured people in medical malpractice lawsuits, product liability cases and other…

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