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Supreme Court Interprets Jurisdictional Provision of the Federal Securities Laws

On May 16, 2016, the Supreme Court issued its opinion in Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Manning, in which the Court resolved a Circuit split concerning the jurisdictional provision of the Securities Exchange Act of…more

Financial Services Regulation: Exchange – International Newsletter Issue 29 – May 2016

DLA Piper’s Financial Services International Regulatory team welcomes you to the twenty-ninth edition of ‘Exchange – International’ – an international newsletter designed to keep you informed of regulatory developments in the financial…more

Treasury Department Issues New PRI Regulations

Foundations must understand the final Program Related Investment regulations and ensure that their planned and ongoing investments comply with the most recent IRS guidance to ensure their investments do not jeopardize their tax-exempt…more

EEOC on Workplace Wellness Programs: Final Rules Announced

Earlier this month, the Equal Employment Opportunity Commission issued its final rules on employer wellness programs. The final rules, which go into effect in January 2017, provide guidance on how workplace wellness programs can…more

Maryland Passes New Pay Equity Law

Maryland recently passed into law sweeping revisions to its existing equal pay law. The new law, signed by Governor Hogan on May 19, 2016, will take effect on October 1, 2016. With the passage of the Equal Pay for Equal Work Act…more

CSBS and Multi-State Mortgage Committee Report on 2015 Supervisory Efforts

The Conference of State Bank Supervisors (CSBS) and the Multi-State Mortgage Committee (MMC) issued a report to state regulators regarding its 2015 review of the supervisory structure around examination and risk assessment of non-bank…more

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must file a…more

Have More TAR with Your Tea and Crumpets, Please

In February, we wrote about Pyrrho Investments Ltd. v. MWB Property Ltd., a case before the High Court of Justice—Chancery Division, in which the parties had agreed to use technology-assisted review (TAR) as their document review…more

Compliance Audits as part of Environmental Due Diligence - It’s more than just a Phase

When Borrowers and their lenders think about environmental due diligence, they immediately focus on Phase I/Phase II/ Environmental Site Assessments. That’s a good thing, and is an essential requirement when acquiring real estate…more

Defend Trade Secrets Act Presents Opportunity And Challenges To Franchisors

The Defend Trade Secrets Act of 2016 ("DTSA") was signed into law on May 11, 2016 following very strong bipartisan Congressional support. The DTSA creates a new federal civil private right of action for misappropriation of trade…more

Well Then…The EEOC’s Last Word on Wellness Programs

On May 17, 2016, the EEOC issued final regulations on employer-sponsored wellness programs under both the ADA and GINA. Wellness programs have been discussed on this blog before, so I’ll skip the backgrounder. Suffice it to say that…more

The New Overtime Regulations: How Will They Affect Your Workplace? (Part 1)

On May 18, 2016, the Department of Labor (DOL) unveiled the final version of its highly anticipated overtime regulations. In its first increase since 2004, the standard minimum salary level for exemption from overtime under the Fair…more

“Hacking” Warrants: A Question of Procedure or Substance?

Typically, the process for amending the Federal Rules of Criminal Procedure is a sleepy affair. Proposed amendments wend their way through a series of judicial committees and, if approved by the Supreme Court, take effect automatically…more

Prometheus Court Vacates FCC’s JSA Ban; Asks FCC for New Ownership Rules by Year-End

The U.S. Court of Appeals for the Third Circuit today issued a decision vacating the FCC rule effectively banning television Joint Sales Agreements (“JSAs”) and threatened to throw out all of the FCC’s remaining broadcast ownership…more

Sorrento Announces Successful Trial with Omalizumab Biosimilar

On May 16, 2016, Sorrento Therapeutics announced successful results from a Phase 2 and 3 clinical study for a biosimilar to Xolair. Xolair (omalizumab) is marketed by Genentech and Novartis to treat allergic asthma and chronic…more

Court Grants Student Loan Debt Relief to a Graduate of a Non-Accredited Medical School

On April 4, 2016, the U.S. Bankruptcy Court for the Eastern District of New York issued a decision that may significantly change the landscape of student debt relief. In re Decena, No. 15-72903, 2016 WL 1371031 (Bankr. E.D.N.Y. Apr…more

CMS Announces Final Rule Updating Fire Safety for Healthcare Facilities

The Centers for Medicare and Medicaid Services (CMS) recently published a final rule updating fire safety requirements for healthcare facilities in an effort to increase patient safety and adapt to the needs of an aging population. The…more

Data Privacy Considerations for Starting or Evaluating a Bounty Program

Data security officers typically look for security risks by monitoring reports from automated security systems, listening to employees’ reports of security issues, and/or auditing IT systems. There is a great deal of debate, however…more

7 Simple SEO Tips for Lawyers to Improve Their Search Presence

A lot of information on SEO is incredibly complicated. Many people are so preoccupied with the large optimization wins that they overlook the simple website changes. Check out these 7 simple tips that can help your law firm’s site…more

The Tale of the Shale: U.S. Remained the World’s Top Producer of Petroleum and Natural Gas Hydrocarbons in 2015

“U.S. petroleum and natural gas production first surpassed Russia in 2012, and the United States has been the world’s top producer of natural gas since 2011 and the world’s top producer of petroleum hydrocarbons since 2013.”…more

Minnesota 2016 Legislative Wrap-up

This was the shortest Minnesota Legislative session in recent history, lasting a mere 77 days from March 8, 2016, to May 23, 2016. It produced a hectic pace which ended with mixed results. As lawmakers headed into the session, there…more

How to Increase the Value of Your Business and See More Green

A general rule in your financial success in business is that you cannot increase profits directly, only indirectly. You must have a specific strategy. The only thing that you can do to increase profits is to improve the variables that…more

The Legalization of Medicinal Marijuana in PA – What Does it Mean for Employer Provided Insurance Coverage?

Pennsylvania’s Medical Marijuana Act (MMA) was signed into law on April 17, 2016 and officially took effect last week. One of the questions we’ve been asked since the passage of the Act is: how will employer provided insurance (both…more

D.C. Water Utility Sheds Negligence, Consumer Protection Claims in Lead-in-Water Litigation

In a decision that may have implications in other cases related to alleged lead in drinking water, a District of Columbia trial court dismissed negligence and consumer protection claims against the District’s water utility, DC Water…more

The Proposed Common Rule: The Tribe Has Spoken, and They Have Concerns (Part 2)

On September 28, 2015, the U.S. Department of Health and Human Services (HHS) and 15 other federal agencies issued a notice of proposed rulemaking (NPRM) updating federal policy for the Protection of Human Subjects, more commonly known…more

FCC Issues NPRM to Remove Correspondence From Public File

On a day when a major broadcast ownership decision from the U.S. Court of Appeals for the Third Circuit garnered most of the attention, the FCC worked on more prosaic matters, issuing a Notice of Proposed Rulemaking to eliminate the…more

Opportunities for Increased Drug Sales to the VA

Pharmaceutical manufacturers that produce drugs in non-designated countries under the Trade Agreements Act (TAA) may now have an opportunity to increase their sales to the United States government. The Department of Veterans Affairs…more

CardiAQ Wins $70 Million in Trade Secrets Suit

A federal jury found in favor of CardiAQ in a lawsuit filed against former service provider, Neovasc. The jury found that Neovasc breached the non-disclosure agreement between the parties, misappropriated CardiAQ’s trade secrets, and…more

UK Financial Regulatory Developments - May 2016 #14

Reference rates group reports - The Working Group on Sterling Risk-Free Reference Rates (RFR) has published an interim report and work plan. It is focusing on: - finalising the process to be followed for the RFR decision…more

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory act that…more

OIG Issues Favorable Advisory Opinion Regarding Wholly Owned GPO Arrangement

The U.S. Department of Health and Human Services Office of Inspector General (OIG) on May 9, 2016, issued Advisory Opinion 16-06, finding a sufficiently low level of risk in a group purchasing organization (GPO) arrangement in which…more

Reinsurance (E) Task Force Of The NAIC Meets In New Orleans

The minutes of the April 4, 2016 task force meeting included the following seven items of activity: - Adopted its Jan. 6, 2016 and Dec. 9, 2015 minutes (which were attached), which reflected the adoption of revisions to the Credit…more

FCC Issues Tariff Investigation Order and NPRM Which Proposes to Substantially Revise and Expand the Regulation of Business Data Services

In May 2016, the FCC moved forward with its decade-overdue reform of the $45 Billion per year dedicated business data services (“BDS”) market. BDS providers, including major incumbent telecommunications companies and now even cable…more

Northwest Green Chemistry and Washington State Department Of Ecology To Offer Training On Quick Chemical Assessment Tool

Northwest Green Chemistry and the Washington State Department of Ecology are presenting a four-part webinar series introducing and providing training on the Quick Chemical Assessment Tool (QCAT)…more

Texas Settles with PayPal over Money Transfer App Advertising and Privacy Practices

On Friday, Texas Attorney General Ken Paxton announced a settlement with PayPal, resolving allegations that its Venmo money transfer app violated the Texas Deceptive Trade Practices Act by failing to clearly disclose how consumers’…more

FRANCHISEE 101: What to Do About Franchisor’s Harmful New Policies

Franchisees aren't always excited when their franchisor introduces a new policy. But if a new policy overreaches and might doom a franchisee's business, can it be stopped before it starts?…more

Residential Builders Prevail in Illinois Supreme Court Decision, Also Benefiting Homebuyers

The Illinois Supreme Court’s May 19 decision in Fattah v. Bim represents a significant victory for residential construction companies and will also benefit homebuyers. In its decision, the Court unanimously defined a common sense limit…more

Blog: UK Government Considers Powers To Seize, Hold & Sell Virtual, Digital And Crypto-Currencies

The terms of reference for the UK Home Affairs Select Committee’s Proceeds of Crime Inquiry include, “Whether additional measures are required to achieve the objectives of ensuring criminals do not benefit from their crimes“. Evidence…more

Expert’s Specific Causation Methodology Unreliable in Leukemia Row

In a case underscoring the importance of reliable methodologies in expert testimony, the U.S. Court of Appeals for the First Circuit upheld a trial court decision excluding specific causation testimony linking benzene exposure and…more

Manifest Disregard for the Law is Not a Ground for Vacating TAA Arbitration Awards

Last Friday, the Texas Supreme Court, in Hoskins v. Hoskins, No. 15-0046, --- S.W.3d --- (Tex. May 20, 2016), ruled that an arbitration award may not be vacated under the Texas Arbitration Act (“TAA”) on grounds other than those…more

U.S. Citizenship and Immigration Services published a policy memorandum in the decision of Matter of Z-A, Inc.

On April 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a policy memorandum designating the decision of the Administrative Appeals Office (AAO) in Matter of Z-A-, Inc. as an adopted decision establishing policy…more

CMS Announces Plans to Streamline the Stark Self-Referral Disclosure Protocol

On May 6, 2016, CMS published a notice (Notice), required under the Paperwork Reduction Act (PRA), seeking public comment on its plans to revise the information collected under the Medicare Self-referral Disclosure Protocol (SRDP). CMS…more

Texas Department of Housing and Community Affairs and Its Potential Impact on Underwriting Policies and Procedures

In Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015), one of the most watched cases of 2015, the Supreme Court held that plaintiffs may rely on a disparate impact theory to…more

Germany Issues Privacy Guidelines for Employer Access to Employee Email and Internet Use

Can employers look at the company email accounts of employees, such as when they do not show up to work? Can employers monitor employee Internet use during working hours? Can employers read employee emails if they use the company email…more

Oklahoma Supreme Court broadens scope of state's informed consent law

In the late 1970s, a patient named Norma Jo Scott underwent a hysterectomy performed by Dr. Vance Bradford that resulted in problems with incontinence. She sued Dr. Bradford for failing to disclose the risks and available alternatives…more

Accountable Care, Non-Profit Status and the Dangerous Ripple Effect it May Cause

On April 8, 2016, the Internal Revenue Service (IRS) released Private Letter Ruling (PLR) 201615022, which denied tax-exempt 501(c)(3) status to a commercial accountable care organization (ACO). This ruling marks the first time the IRS…more

The implications of the transition to a ‘circular economy’, and overview of the content and current status of draft EU implementing legislation

In this client alert we discuss the implications of the transition to a ‘circular economy’ for producers of, and traders in, raw and/or recycled materials of all kinds, manufacturers of products and actors in all stages of the…more

FinCEN Issues New Beneficial Ownership Regulations

Under the dark cover of the Panama Papers scandal, FinCEN moved quickly to issue its beneficial; ownership regulations. For all of the US regulatory and financial industry bluster, it is about time. The United States stands far behind…more

[Webinar] Overtime Law 2016 – Expanded New Rule: What It Means for You - June 1st, 12:00pm CST

On May 18, 2016, the U.S. Department of Labor issued a final rule updating the overtime regulations under the Fair Labor Standards Act. The new rule increases the salary threshold for workers to qualify as exempt from overtime…more

Case Update: Midland Funding v. Madden: The Solicitor General Brief Could Be a Game Changer

In response to a request of the U.S. Supreme Court (discussed here), the U.S. Solicitor General’s Office on Tuesday filed a brief with the Court expressing the U.S. Government’s views on the merits of the claims brought in Midland…more

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Morrison & Foerster was the first large law firm in the country to build a dedicated State + Local Tax (“SALT”) practice and the first to extend that practice to representing clients in states…

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