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5 Tips for Hosting a Successful Law Firm Webinar

It’s not about what you want to say but what your audience wants to hear…more

SC Court of Appeals Rules Not Every Government Action is a Taking - Landowners may still recover damages

The South Carolina Court of Appeals recently considered the appeal of Claude Graham and Vickie Graham against the Town of Latta, South Carolina, in the case of Graham v. Town of Latta, 789 S.E.2d 71 (S.C.Ct.App. 2016). The Grahams…more

Long-Term Shift of Essential Job Functions May Remove Them as Mandatory Qualifications

The Americans with Disabilities Act (ADA) only requires employers to provide accommodations that allow the disabled employee or applicant to perform the essential functions of the job. The employer is not required to shift or remove…more

Federal Court Enjoins CMS Regulation Banning Arbitration of Nursing Home Disputes

The United States District Court for the Northern District of Mississippi issued a preliminary injunction barring the scheduled November 28, 2016, implementation of a Center for Medicare and Medicaid Services (“CMS”) regulation which…more

Business Litigation Alert: "To Protect Yourself from a Business Divorce - Agree to a Prenup"

When a business breaks up, it can often be very similar to the dissolution of a marriage. One prime example of this is the case of TransPerfect Global, Inc. (TransPerfect), a very successful language translation company started by…more

Co-worker’s racial statements may support discrimination claim

As a recent ruling by a Tulsa federal court shows, an employer may be held liable for the racial bias and conduct of its employees, even if those employees do not work in a decision-making capacity within the company…more

2016 Silicon Valley Proxy Season Results

A Comparison of Silicon Valley Public Companies and Other Large Bay Area Public Companies - This companion supplement to the Fenwick survey, Corporate Governance Practices and Trends: A Comparison of Large Public Companies and…more

A Trademark Year In Wine And Beer 2016: Our Holiday Buyer’s Guide To Disputed Beverages

Just in time for the holiday season, we present our third annual Trademark Year in Wine and Beer, a wrap-up of alcohol-related trademark and trademark-ish disputes dating back to December 2015, when we published our last edition. Our…more

Five Things You Should Know for 2017 About Cross-Border IP Licensing and Insolvency Law

Brexit. Trump. The year 2016 can be characterized as one of unpredicted results and impending uncertainty. In June, the UK electorate voted to leave the European Union and in November, a tumultuous presidential campaign in the United…more

Hospitality Industry Law Newsletter

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees - On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights of…more

New Obama Administration Employment-based Visa Rule and Trump's Plan to Target Visa Abuse Create Uncertainty For Employers

President-elect Trump made enforcement of immigration laws a centerpiece of his campaign. On November 21, 2016, Mr. Trump stated that he will make investigation of abuses in “visa programs that undercut the American worker” a priority…more

How PSD2 will affect banks and their payment services terms

On 12 January 2016, the EU Directive on Payment Services in the Internal Market (EU 2015/2366) (known as PSD2) came into force, replacing the existing Payment Services Directive as the main framework of rules on payment services in the…more

This Company Solicited Consents To Remove A Sitting Director

It’s not often that you see a company soliciting consents to remove one of its sitting directors. However, that is what PICO Holdings, Inc. sought to do in this consent solicitation statement filed with the SEC on October 31, 2016…more

Four Points And A Stick: What You Can Do Right Now to Prepare for the European Union’s General Data Protection Regulation

It's coming. The European Union’s General Data Protection Regulation (GDPR) will come into effect on May 25, 2018. If your business involves processing EU citizen data, you will be subject to GDPR – even if your sole location is…more

Overview of the Proposed Reforms of the EU Merger Control Regime

In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation suitable for refinement, improvement and simplification…more

European Commission Proposes draft "CRD5" among various EU Banking Sector Legislative Amendments 

The European Commission published a package of proposed legislative amendments in relation to the Bank Recovery and Resolution Directive, the Single Resolution Mechanism Regulation, the Capital Requirements Regulation and the Capital…more

Inbound M&A deals: Adrift for now?

As noted in our previous report, "2016's Thriving M&A Market," this year has seen a continuation of the historically high trend of inbound M&A activity in the US. This is largely due to foreign investors' interest in a market that they…more

New DMCA Agent Registration Rules Essential to Section 512 Immunity

Recent copyright office rule changes could terminate an unsuspecting OSP’s eligibility for the DMCA’s safe harbor provisions. The Digital Millennium Copyright Act (DMCA) creates an important safe harbor from copyright infringement…more

SEC Charges IT Specialist With Hacking His Firm To Insider Trade

The critical questions about insider trading currently being debated focus on the elements of tipping. Those elements are being considered by the Supreme Court in U.S. v. Salman…more

EU Workplace Pensions Now Required to Incorporate ESG Issues

A new pensions directive was passed by the European Parliament on 24 November securing 512 votes (only 77 votes against and 40 abstentions), requiring EU workplace pension funds to consider environmental, social and governance (ESG)…more

Loss Contingency Disclosures - A Warning from the SEC

Companies frequently struggle with how to account for loss contingencies and when to make the related disclosures. A recent complaint by the SEC against RPM International, Inc. and its General Counsel highlights the importance of…more

Updates on Rituximab Proposed Biosimilars

The past few days have seen a lot of activity on the rituximab biosimilar front. ..According to a joint press release, Sanofi and JHL Biotech, a biopharmaceutical company based in China, formed an alliance to collaborate on the…more

The Shenzhen–Hong Kong Stock Connect

The Securities and Futures Commission of Hong Kong (SFC) and the China Securities Regulatory Commission (CSRC) issued a joint announcement on 25 November 2016 approving the launch of the long-awaited Shenzhen-Hong Kong Stock Connect…more

Supreme Court Preview -- Life Technologies Corp. v. Promega Corp.

On Tuesday, December 6, the Supreme Court will hear oral arguments regarding the interpretation of 35 U.S.C. § 271(f)(1), with the pertinent section highlighted..…more

IRS Updates Conservation Easement Audit Techniques Guide

On November 4, 2016, the IRS updated its Conservation Easement Audit Techniques Guide (CE Audit Guide) for the first time since March 15, 2012. According to the IRS’s introduction on its Audit Techniques Guide website, Audit…more

Tweet to President Elect Trump: You Can Make the Judiciary Great Again by Appointing Moderate Judges to the Courts!

President-elect Donald Trump has already shown a willingness to listen to both sides on every issue. To Start the Beginning of an Independent non-political Third Branch of Government Our New President Should Take Chief Judge Roberts’…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #4

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their practice…more

The Potential Impact Of The Congressional Review Act On New Employment Regulations In Light Of The Recent Election

The Obama administration has finalized a number of employment-related regulations over the past few months, including rules on overtime, worker benefits, paid sick leave for employees of federal contractors, and union elections…more

4th Circuit Bounces Bank's Request to Dismiss Manager's FMLA Case

In a relatively recent decision, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all South Carolina employers) found that an employer's faulty notice to an employee about his rights under the Family and Medical…more

Update on amendments to FX transactions and market

The National Bank of Ukraine (NBU) has made a further step towards liberalising the currency regime for ECA supported lending. These amendments became effective on 30 November 2016. Pursuant to them Ukrainian borrowers and their…more

Best in Law: Employers, Be Aware of Just-signed Laws

Bathrooms, Retirement Plans Among New Laws, Partner Brian Reider Writes in the Press-Enterprise - As we wind up this year and look back on the election, legislation passed in California and recent court decisions, there are…more

NYC Employers Should be Aware of Stringent Local Laws

New York City employers should be aware of local laws that directly affect a company’s hiring and termination practices, including a recent one that makes it illegal for employers to discriminate based on “caregiver status.”…more

Food and Beverage Law Update: December 2016

Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's (DOL) final…more

10 Considerations for Planning the 2016 Office Holiday Party

The end of the year brings many reasons to celebrate, and the vast majority of employers intend to make merry by hosting a holiday party of some sort. This occasion presents an opportunity for employers to foster team spirit and…more

Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation Doctrine

We have discussed on a number of occasions the issue of causation when there are multiple causes of loss, some covered and some not covered. Most jurisdictions apply what is known as the efficient proximate cause analysis with a…more

US Supreme Court to decide important patent exhaustion questions on foreign sales and post-sale restrictions

On Friday, December 2, 2016 the US Supreme Court decided to review a case involving two important patent exhaustion questions: (1) can foreign sales exhaust US patent rights and (2) can patent law be used to enforce restrictions on the…more

Why Legal Marketing Technologists Need To Learn About Blockchain

As a legal marketing technologist, I feel that one of my responsibilities to my firm and lawyers is to keep an eye on and become knowledgeable about emerging technologies and the impact they will have not only on the legal industry…more

Doing the Two-Step: Prioritizing Risks and Allocating Resources

Chief compliance officers face imposing tasks on a daily basis. The tasks often look insurmountable and it is easy for CCOs to just turn away and find a more manageable set of tasks…more

Uncertainty Remains in Wake of Court Decision Blocking DOL Overtime Regulations

Earlier this year, the U.S. Department of Labor issued a Final Rule increasing the minimum salary level for employees otherwise exempt from the overtime pay requirements of the Fair Labor Standard Act from $23,660 per year to $47,476…more

European Commission to Further Assess Issues on Implementation of the European Market Infrastructure Regulation

The European Commission published a Report assessing the issues arising from the implementation of the requirements of the European Market Infrastructure Regulation. EMIR imposes reporting and clearing obligations, risk mitigation…more

Service of contractual notices under standard form financial contracts – lessons to learn

Where a contract sets down requirements for the service of notices under it, it is essential to comply with them strictly. Lord Hoffman famously said in Mannai Investment Co Ltd v. Eagle Star Life Assurance Co Ltd: "If the clause had…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #3

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their practice…more

Ten Questions and Nine Answers about PHH and the Future of the CFPB Director

The potentially explosive combination of the D.C. Circuit’s October decision in PHH v. CFPB and the outcome of the presidential election has spurred a host of questions about how the PHH litigation may proceed and about the future of…more

CMS Releases Plan for Expanded Monitoring of Medicare Advantage and Part D Appeals and Grievances

In Depth - The Centers for Medicare & Medicaid Services (CMS) recently announced that it will monitor—beginning in January 2017—Part C and D appeals timeliness on an industry-wide basis. Under this initiative, all Medicare…more

Renewable Energy Update - December 2016

Renewable Energy Focus - Renewables provided 15% of U.S. electricity in first three quarters - Solar Industry Magazine - Nov 30 - Renewable energy sources provided 15.1% of net U.S. electrical generation during the…more

Getting the Deal Through — Electricity Regulation 2017: Poland

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Government policy - The main objectives of government policy for the electricity market have been set out in the…more

Administrative barriers for the export of services removed

On 3 November 2016, the Verkhovna Rada of Ukraine adopted the Draft Law No. 4496 "On Introduction of Changes and Amendments to Certain Legislative Acts (Regarding Elimination of Administrative Barriers for Export of Services)" (Draft…more

If it’s broken, fix it! Trusts that no longer achieve their objective can be repaired

What with changing life circumstances and new tax laws, not to mention potential mistakes made when an estate plan was first drafted, the trusts used in the plan may now be “broken.” This article details why trusts break and techniques…more

OSHA Update: OSHA Issues Recommended Practices for Construction Safety and Health Programs

Following the October 18th release of its “Recommended Practices for Safety and Health Programs,” OSHA issued similar Recommended Practices for the construction industry on December 1, 2016. Unlike general industry, OSHA’s…more

Trump Transition Team Taps Transportation Secretary

President-Elect Donald Trump has announced his pick to head the Department of Transportation: Elaine L. Chao. Ms. Chao is clearly a veteran of Washington: as the Secretary of Labor under George W. Bush, and a deputy transportation…more

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

Brooks Kushman is a leading intellectual property (IP) and technology law firm, serving clients nationally and internationally for over 30 years. Our 90+ intellectual property professionals specialize…

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