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Update on Initiation of FCC Rulemaking to Implement the New TCPA Exemption for the Collection of Government Debt

Some of you may remember that back in early November 2015, I wrote about a then little-noticed provision slipped into the Bipartisan Budget Act of 2015. That provision, designed to find more revenues to offset government spending (and…more

2015 U.S. electric generation additions

Staff of the Federal Energy Regulatory Commission have released a report describing the portfolio of new or expanded electric power generation capacity built in the U.S. in 2015. FERC's Office of Energy Projects releases regular…more

Loan Modification Differences Continue to Preclude Class Certification

Last month, the United States District Court for the Eastern District of California issued the latest in a string of decisions denying class certification in cases of alleged misconduct regarding residential mortgage loan…more

The SEC, Insider Trading and the Super Bowl

Perhaps the SEC is developing a sense of ironic timing. The day after the Super Bowl the Commission filed an insider trading action. The conversations which are the predicate for the alleged illegal securities trades began in 2011 at…more

United States District Court Pushes Back Against Government in North Carolina Asset Forfeiture Case

In May of last year we highlighted the decision by the United States Attorney for the Eastern District of North Carolina to dismiss a forfeiture case he’d brought against Lyndon McLellan, the owner of a small convenience store located…more

See You in Court – February 2016

Mr. Superintendent knew that his news for the Nutmeg Board of Education would cause a stir – the Nutmeg Public Schools were looking at a deficit for 2015-2016 of around $1,000,000. While the warm weather had resulted in savings in the…more

CMS Proposes Changes to Medicare Shared Savings Program/ACO Benchmark Rebasing Rules

On February 3, 2016, CMS published a proposed rule that would revise the methodology CMS uses to measure the performance of accountable care organizations (ACOs) in the Medicare Shared Savings Program (Shared Savings Program) in order…more

Risks In Being A Joint Employer

Joint employment of one worker by two businesses can create risks of liability for both employers in a variety of ways. Both businesses may be liable, for example, on claims for employment discrimination and/or violations of wage and…more

Energy in Maine's 2016 State of the State

Maine Governor Paul LePage has released his 2016 State of the State remarks in the form of a letter to the state legislature. Among his top priorities detailed in the letter is addressing the high cost of electricity in the…more

Cross-Border Banking and Out-of-this-World Penalties - Dealing with the IRS when you have Foreign Bank Accounts

A United States citizen or resident that owns (or has signatory authority over) an account at a foreign bank with a value in excess of $10,000 annually must file a Report of Foreign Bank and Financial Account (or “FBAR”) with the…more

It’s Time Again (sigh) for Conflict Minerals

Year three of conflict minerals reporting is fast approaching, with Form SD filings due on May 31st. The good news, and the bad news, is that not much has changed since last year…more

The "New" New Jersey Uniform Trust Code: Creating Uniformity for Beneficiaries, Trustees and the Professionals that Advise Them

As an estate planning attorney, it is hard to contain my excitement that a version of the Uniform Trust Code (“NJUTC”) was enacted in New Jersey on January 19, 2016 with an effective date of July 17, 2016. With its passage, New Jersey…more

SC Public Policy Update - February 2016

What's New - JUDICIAL ELECTIONS - Judge John Few of Greenville edged out fellow Court of Appeals Judge Bruce Williams for a seat on the five-member South Carolina Supreme Court by a vote of 92-73. Click here for a complete…more

A Conversation with Chair White

Chair White spoke at the Annual Securities Regulation Institute in San Diego last week and participated in a Q&A session. We have highlighted below commentary on topics of interest to our readers…more

Rodeo Associations Fail to Wrangle Each Other in First Round of Antitrust Class Action: District Court Denies Plaintiffs’ Preliminary Injunction and Defendants’ Motion to Dismiss

An upstart rodeo association, created and owned by professional rodeo cowboys, challenged that its competitor’s bylaws aimed at the new association and its participants constituted agreements that unreasonably restrain trade and…more

FTC Announces Revised HSR Pre-Merger Notification and Interlocking Directorate Thresholds

The Federal Trade Commission (“FTC”) has announced revised monetary thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott Rodino Antitrust…more

Health Alert (Australia) - February 1, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Administrative Appeals Tribunal 22 January 2016 - JLSP and Innovation Australia [2016] AATA 23 This case…more

Risky Business – Be Careful When Entering Into Term Sheets and Letters of Intent

The Delaware Supreme Court’s recent decision in SIGA v. PharmAthene has increased the legal risk associated with utilizing a term sheet or letter of intent. In SIGA, the Supreme Court enforced a contractual obligation to negotiate…more

DOL’s Fiduciary Regulation – One Step Closer to Final

The Department of Labor’s (DOL) controversial fiduciary regulation, which will subject a multitude of new financial market participants to strict fiduciary requirements under the Employee Retirement Income Security Act of 1974 (ERISA)…more

Avid Technology, Inc. v. Harmonic, Inc. (Fed. Cir. 2016) - Lesson for Defendant-Appellee's: Provide Responsive Arguments on Appeal

On January 29, 2016, the Federal Circuit issued an Opinion in Avid Technology, Inc. v. Harmonic, Inc. in which the judgment of the District Court was vacated, and the case was remanded for a new trial on infringement. Avid asserted…more

Financial Markets Disputes and Regulatory Update - Winter 2015/Spring 2016

In this edition of our Financial Markets Disputes and Regulatory Update, we have considered the key financial markets cases and banking-related regulatory action from the second half of 2015, and distilled them into a list of points…more

The Game Goes On: Sheppard Mullin Obtains Dismissal With Prejudice of Class Action Alleging Social Gaming Micro-transactions Constitute Illegal Gambling

Another lawsuit alleging illegal gambling in a social game has been dismissed. Over the last year, social gaming mobile applications have come under attack from the Plaintiffs’ bar as gambling in disguise. Plaintiffs’ attorneys…more

EEOC to Collect Pay Data from Large Firms - Hedge Up - A Heads-Up on Employment Issues Confronting the Hedge Fund Industry

If you read one thing... - The EEOC has announced plans to collect employee compensation information from firms with 100 or more employees. - The EEOC’s announcement is just the latest regulatory development…more

The Oil Bust…Bankruptcy Boom?

Although the news is filled with stories of falling oil and gas prices and suggestions that a third of the exploration and production companies may file for bankruptcy, this most recent downturn may not produce the bankruptcy filing…more

Massachusetts Department of Revenue Introduces Pilot Voluntary Disclosure Program

The Massachusetts Department of Revenue (the Department) released a draft administrative procedure introducing a pilot Voluntary Disclosure Program (the Program) for the settlement of uncertain tax issues for business taxpayers on…more

What’s In The Cybersecurity Act of 2015?

The Cybersecurity Act of 2015 became law on December 18, 2015. It’s the biggest piece of cybersecurity legislation passed by Congress in recent years. It authorizes and protects certain information-sharing for cybersecurity purposes…more

Litigation. Major Russian legislation changes for 2015

1. Adoption and entry into force of the Russian Federation Code of Administrative Procedure dated March 8, 2015, No. 21-FZ - The Russian Federation Code of Administrative Procedure (the Administrative Procedure Code) entered into…more

New EEOC Equal Pay Reporting Proposal

On January 29, 2016, the seventh anniversary of the Lilly Ledbetter Fair Pay Act, the Equal Employment Opportunity Commission (EEOC) announced its proposed addition of pay data to currently required EEO-1 reports. The announcement has…more

Bridging the Week - February 2016 #2

Two Broker-Dealers to Pay US $154 Million to the State of NY and the SEC to Resolve Allegations of Wrongdoing by Their Dark Pools: Barclays Capital Inc. and Credit Suisse Securities settled allegations by the Securities and Exchange…more

Recoupment of Defense Costs: An Ohio Court Weighs in on the Debate

An Ohio appellate court recently addressed the much-debated issue of recoupment of defense costs, holding in a 2–1 decision, and on very narrow grounds, that an insurer could recoup nearly $12 million it expended on the defense of its…more

Can New Beneficial Owner Identification Requirement for Cash-Only Real Estate Deals in Miami and New York City Be Avoided if Virtual Currency Is Used?

Why it matters - After years of concern about money laundering through shell corporations, repeated legislative and regulatory efforts to gain more information on beneficial owners of entities involved in various types of…more

The “Do-It-Yourself” Mock Jury: Effective Use of Mock Jury Exercises That Don’t Blow Your Litigation Budget

Most litigators and trial lawyers agree that a well-orchestrated mock jury exercise yields invaluable insights on case strengths, weaknesses, and the impact and perception of key evidence. But many of those same attorneys, and their…more

States Continue to Challenge Quill’s Physical Presence Standard

When a client calls us to inquire about sales tax exposure, we instinctively start asking questions about people and possessions: “Do you have property in other states? Where do you have employees? Have you sent any sales…more

Construction of two new 500 kV transmission lines extending from Lincoln County, New Mexico to Pinal County, Arizona

On February 3, 2016, the Arizona Corporation Commission (“Commission”) by a 3-2 vote issued a Certificate of Environmental Compatibility to SunZia Transmission, LLC to construct two new 500 kV transmission lines extending from Lincoln…more

Washington Healthcare Update

This Week: Congress and the administration focus on the opioid addiction epidemic... Override of the president’s veto of legislation that would have repealed the Affordable Care Act fails, to no one’s surprise... Senate committee…more

Blog: FDA Issues Draft Guidance on Medical Device Cybersecurity

Recently, the U.S. Food and Drug Administration (FDA) published draft guidance entitled “Postmarket Management of Cybersecurity in Medical Devices” (the Guidance) that sets forth ways in which medical device manufacturers should…more

2016 Emerging Issues in the Children's Products Industry

Many emerging issues impacting children's products and the juvenile products industry are anticipated this year. We may see new regulations promulgated by the Consumer Product Safety Commission (CPSC or Commission), the National…more

Federal Circuit Limits Attorneys’ Fees in Exceptional Cases

Two weeks ago, the Federal Circuit Court of Appeals limited the factors a district court may consider in determining the amount of attorneys’ fees to award in an “exceptional” patent infringement case. Lumen View Tech., LLC v…more

Top Finance Litigation And Regulatory Developments In 2015

This is a summary of the most interesting banking litigation and regulatory developments in 2015. The selection is necessarily subjective and draws from a wide range of cases and developments that are of direct relevance to finance…more

BCBS Finalizes Revised General Guide to Account Opening

On February 4, the Basel Committee on Banking Supervision (“BCBS“) published a revised draft of its guidelines on “sound management of risks related to money laundering and financing of terrorism” which comprises the Guidelines issued…more

Private Equity Fund Managers: Annual Compliance Reminders and New Developments

Summary of private equity firms’ compliance obligations, discussion of notable developments in 2015 and outlook for 2016. US federal laws and regulations, as well as the rules of self-regulatory organizations (SROs), impose…more

Metal-on-Metal Hip-Implant Case End With Significant Jury Award

If the bellwether trial of a plaintiff who suffered complications from a metal-on-metal hip implant is any indication of future verdicts, Wright Medical Technology should be worried. A jury awarded $11 million to a woman suing for…more

National Federation for the Blind Will Pay $25,000 to Settle EEOC Religious Accommodation Lawsuit

Advocacy Group Fired Employee Who Requested Off on His Sabbath, Federal Agency Charged - BALTIMORE - The National Federation of the Blind (NFB), the largest organization of blind and low-vision people in the United States, will…more

Nutter Bank Report - January 2016

The Nutter Bank Report is a monthly publication of the firm's Banking and Financial Services Group. Headlines - 1. CFTC Issues Relief from Swap Clearing Requirements to Small Holding Companies 2. Federal Banking…more

The Value of Terms Limits: YouTube’s Broadly Defined TOS Does the Trick

Frequent readers of our blog will recall that in prior posts on companies such as Uber, Ashley Madison and Twitter, we have stressed the importance of having a robust terms of service (TOS) agreement. In many instances, TOS, if adeptly…more

FDIC Releases Paper on Cybersecurity

On February 1, the Federal Deposit Insurance Corporation (FDIC) published “A Framework for Cybersecurity,” an article that appears in the Winter 2015 issue of Supervisory Insights. The article discusses the cyber threat landscape and…more

Is the Washington Legislature Caching Out Noncompete Agreements? How This Change Might Affect Your Ability to Protect Your Business

For tech giants like Microsoft and Amazon, and any number of emerging tech companies, tech professionals are a hot commodity in the state of Washington. No doubt, the competition is fierce here in Seattle and within the greater tech…more

Foreign Films Take a TRIP to France

Tax Rebate Changes - In 2016, France increased its efforts to attract foreign films by loosening language restrictions and increasing the amount of tax rebates available for films that are shot in France. In the past, France’s Tax…more

Passing on the Business to the Next Generation: Not for Everyone

A recent article in The Economist (“The Reluctant Heir”) addressed the challenges in getting the next generation ready to take over the family business. These challenges are nothing new in the family business community. In fact, the…more

Want the government to give you credit for cooperating with their investigation? Get ready to certify your investigation disclosures

Late last week, the Wall Street Journal reported that the US Department of Justice's (DOJ's) fraud section is developing a process for settling companies to certify that they have disclosed fully all information about individuals…more

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