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

Latest Updates

FTC Releases Report on the “Sharing Economy” for Internet-Based Services

Last month, the FTC released a staff report entitled “The ‘Sharing’ Economy: Issues Facing Platforms, Participants, and Regulators,” that assesses evolving business models relying on internet and app-based “sharing economy” platforms…more

Compliance Clock Begins to Tick for BIAS Providers Following Publication of Privacy Rules in the Federal Register

The FCC’s new privacy rules were published in the Federal Register last Friday, December 2, 2016. The publication of these rules initiates the period in which broadband ISPs must come into compliance with the agency’s sweeping new…more

[Video]Business Succession Planning

In this video, McNees attorney Andrew Rusniak explains the importance of business succession planning and how to best simplify the complex legal and tax issues that can arise…more

European Commission Adopts Delegated Regulation on RTS on Criteria for Establishing When an Activity Is Considered to Be Ancillary to the Main Business

The European Commission adopted, on December 1, 2016, a Delegated Regulation supplementing the MiFID II Directive (2014/65/EU) in relation to regulatory technical standards (“RTS“) on the criteria for establishing when an activity is…more

Reminder: Minimum Wage in Michigan Increasing in January

On January 1, 2017, the minimum wage rate in Michigan will increase from $8.50 per hour to $8.90 per hour. This increase marks the third out of four scheduled increases which began in 2014…more

Cell Phone Manufacturer and Firmware Provider Hit with Consumer Class Action Over Extracting and Transmitting User Information Without Consent

A recent class action lawsuit is alleging that cell phone manufacturer Blu Products, Inc. (“Blu”) and firmware providers Shanghai Adups Technology Co., Ltd. and Adups USA LLC (“Adups”) violated several federal privacy laws by selling…more

Not All Faith-Based Communications Are Protected By The Clergy-Penitent Privilege

The clergy-penitent privilege (also known as the clergy privilege, confessional privilege, priest–penitent privilege, clergyman–communicant privilege, and/or ecclesiastical privilege) is a recognized form of privileged communication…more

21st Century Cures Act Includes Prohibition on Information Blocking and Mandates for Additional HIPAA Guidance

On November 30, 2016, the U.S. House of Representatives voted strongly in favor of the 21st Century Cures Act (the Act), an expansive health bill that addresses the discovery and development of new medical therapies as well the…more

Peter Dinklage takes on Elf

It’s December, which means that those of us holiday fanatics can decorate and watch Christmas movies to our hearts’ content without shame. Of course, I won’t tell anyone if you already had your tree up in November (like me) or if you…more

Practical Considerations for Medical Practices Considering Converting Their Vascular Access Centers Into Medicare-Certified Ambulatory Surgery Centers

On November 2, 2016 the Centers for Medicare & Medicaid Services (CMS) released the 2017 Medicare Physician Fee Schedule (MPFS) Final Rule. Although the impact of the Final Rule on nephrology reimbursement is projected to be 0%…more

Minnesota Legislative Update: Budget Forecast

With the 2017 Minnesota Legislative Session approaching, we wanted to send a quick update on the recent budget and economic forecast. Budget Forecast On Friday, December 2, Minnesota Management and Budget (MMB) released its…more

Captive Insurance - Looming IRS Reporting Deadline

Many businesses have been caught off guard by a recent Internal Revenue Service (IRS) notice that implicates a popular and commonly-used structure to manage risk. The notice employs a broad net and a short deadline, and significant…more

Singapore Legal Update - November/December 2016

Companies Act to Allow Re-domiciliation Into Singapore - On 26 October 2016, the MOF and the ACRA proposed to amend the Companies Act to allow for inward re-domiciliation of companies. This will allow a foreign company to…more

Obama’s Actions to Promote American Entrepreneurship Include Supporting Nanotechnology Industry

On November 30, 2016, the White House published a blog item, “President Obama’s Top Ten Actions to Accelerate American Entrepreneurship,” and posted a fact sheet on President Obama’s entrepreneurship accomplishments. The tenth action…more

EPA Announces Opportunity To Comment On Changing The RFS Point Of Obligation

On November 22, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register of an opportunity to comment on petitions requesting EPA initiate a rulemaking process to reconsider its regulations that…more

[Video]FCPA Compliance Report-Episode 293, Saskia Zandieh on the new French Anti-Corruption law, Sapin II

In this episode, I visit with Miller & Chevalier Counsel, Saskia Zandieh on the new French anti-corruption law, Sapin II. She discussion how it may improve the nation’s current anti-corruption framework, and review the practical…more

Florida Court Finds HUD Face-to-Face Requirements a Condition Precedent to Foreclosure

In a decision issued Dec. 2, Florida’s Fifth Court of Appeal became the first Florida state appellate court to find that the Housing and Urban Development (HUD) regulation, requiring a face-to-face interview with borrowers, is a…more

New Rules of the Cyber Road: Federal Banking Regulators Seek Comment by January 17, 2017 on Proposed Cybersecurity Regulations

Continuing the trend of recent years, cybersecurity has remained at the top of the regulatory agenda for several federal and state agencies. For financial institutions, keeping track of the dizzying array of proposed regulations is a…more

Energy Policy In The Trump Era: Part 1

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. Reducing regulation was a…more

Have Yourself a Safe, Undistracted, and Accident Free Holiday

Seyfarth Synopsis: Keep your holidays happy and safe. At this time of year, with all of the joy, parties, and excitement the season brings, employers need to be especially vigilant to keep and maintain a safe workplace environment for…more

Asbestos Alert: Employers and Land Owners Have Duty to Take-Home Exposure Plaintiffs

Kesner v. Pneumo Abex, LLC - Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme Court, which…more

In A Summary Order, Second Circuit Vacates 30-year Child Pornography Sentence on Substantive Reasonableness Grounds

In United States v. Sawyer, No. 15-2276, the Second Circuit (Jacobs, Pooler, Crawford) vacated and remanded for resentencing a case involving a conviction for possession of child pornography. The decision rested on a finding that the…more

Southern District of California Court Provides Further Guidance on Patent Infringement Pleading Requirements After Abrogation of Form 18

In a November 21, 2016, order, the Honorable Janis L. Sammartino of the Southern District of California dismissed The Scripps Research Institute’s (TSRI) patent infringement claims without prejudice because TSRI failed to satisfy the…more

The Australian Government increases pressure on multinational tax avoidance: Diverted Profits Tax introduced

INTRODUCTION AND OVERVIEW - The Australian Government released draft legislation on 29 November 2016 to implement a UK-style DPT with effect from 1 July 2017. The DPT targets 'significant global entities' (those with annual…more

Bilzin Sumberg Partner Calms Fears of Trump Hurting Miami Real Estate Market

Attorney James W. Shindell, Real Estate chair at Bilzin Sumberg, has a message for those who believe Donald Trump’s presidential election will hurt Miami’s real estate market: The sky is not falling. Shindell addressed concerns of…more

Workplace Policy Institute Insider Report - December 2016

Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block controversial…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #2

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

OCC Announces Special Purpose National Bank Charter for FinTech Companies

On December 2, 2016, Comptroller of the Currency Thomas Curry confirmed that the agency will begin considering applications from FinTech companies to become special purpose national banks, saying that the OCC will charter “financial…more

Russia: Possible Foreign Ownership Restrictions on Online Video Services

Russia is considering new restrictions on foreign ownership and control of online video services, similar to the rules recently imposed on “mass media” such as television, radio, and publications…more

1,000 Miscellaneous Tariff Bill Petitions Filed And Counting: Filing Window Closes at 5:15 p.m. on December 12

More than 1,000 petitions seeking temporary duty suspensions and reductions pursuant to the American Manufacturing Competitiveness Act of 2016 (the Act) have been filed with the U.S. International Trade Commission (ITC). As reported in…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #1

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

US Supreme Court to Review Patent Exhaustion Doctrine

On December 2, 2016, the Supreme Court of the United States granted cert in a key case regarding the scope of the patent exhaustion doctrine, or “first sale doctrine,” as it relates to (1) sales of a patented item subject to…more

SEC Advisory Committee on Small and Emerging Companies Meeting

The next meeting of the Advisory Committee will be held by conference call on December 7. The call will be available to members of the public. The agenda includes plans to consider recommendations regarding corporate board diversity…more

The Federal Circuit Confirms That It Will Review PTAB’s CBM Determinations … To A Certain Extent

The Federal Circuit has again addressed which types of patents are eligible for Covered Business Method (“CBM”) review before the Patent Trial & Appeals Board. Approximately one week after issuing the recent Unwired Planet v. Google…more

FTC Settles with Data Broker

On November 30, 2016, the Federal Trade Commission (“FTC”) announced a settlement with Jason A. Kotzker, the purported owner and member of two separate data broker companies: Sequoia One, LLC and Gen X Marketing Group, LLC. Kotzker…more

CMS Releases List of Potential Quality and Efficiency Reporting Measures

On November 22, 2016, CMS published its annual list of quality and efficiency measures under consideration for adoption through the rulemaking process. CMS is considering approximately 100 measures for incorporation into approximately…more

OCC Will “Move Forward” With Federal FinTech Charter

The Office of the Comptroller of the Currency (the OCC) plans to consider applications from companies engaged in financial technology—or FinTech—activities to operate through a national bank charter and has released a paper detailing…more

EEOC Issues Enforcement Guidance on National Origin Discrimination

On November 21, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Enforcement Guidance on National Origin Discrimination, which outlines the agency’s guidance on the provisions of Title VII that prohibit national…more

When Theory and Practice Diverge

"In theory, there is no difference between theory and practice. But, in practice, there is.” Although this quote is attributed as a remark overheard at a computer science conference in Walter J. Savitch’s Pascal: An Introduction…more

Updated Form I-9 and USCIS fee increases

Background on Form I-9 - The Immigration Reform and Control Act (IRCA) of 1986 mandated all employers to verify the identity and employment authorization documents for all of their employees. Form I-9 is used for this purpose and…more

IP holding companies offer potential added protection benefits

Protecting intellectual property — from theft or misappropriation, infringement, or even from potential creditors and judgments — is a chief concern among businesses large and small and can be accomplished in a variety of ways. One…more

Although Presidential Election Creates Questions About FLSA Regulations, Employers Who Ignore December 1 Effective Date Do So At Their Own Peril

Effective December 1, 2016, pursuant to new Fair Labor Standards Act (FLSA) regulations adopted by the U.S. Department of Labor (DOL), the salary threshold for many salaried exempt employees will increase substantially, from $455 per…more

Corporate and Financial Weekly Digest - Volume XI, Issue 46

ISS Releases 2017 Proxy Voting Guideline Updates - On November 21, ISS published its 2017 Proxy Voting Guideline Updates, which will be in effect for meetings held on or after February 1, 2017. The US 2017 updates cover numerous…more

IPR Update -- Is Reviewability of Time-Bar Institution Decisions Headed En Banc?

"It appears to me that en banc consideration is warranted." -- Judge Taranto (concurring in Click-To-Call Technologies, LP v. Oracle Corp.). "I write separately, however, to note that I believe the Supreme Court's language in…more

2016-17 Compliance Developments & Calendar for Private Fund Advisers

Registered investment advisers (RIAs) are required to review their policies and procedures on at least an annual basis. Below is a guide to recent enforcement actions and other material developments in 2015 and 2016. While some of the…more

California Environmental Law & Policy Update - December 2016

Environmental and Policy Focus - Warriors win second court decision in S.F. arena battle - San Francisco Business Times - Nov 29 - A California appellate court on Tuesday upheld the environmental review of the…more

International News: Focus on International Dispute Resolution

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…more

Make Sure You Have A Complete Transcript For Appeal

The appealing party has the burden of providing the appellate court with the record to support his/her argument on appeal. Sometimes you will need the entire transcript to support your argument – for example, if you want to argue that…more

Heightened Focus on Renewable Fuel Standard Enforcement Increases Compliance Challenges

As the Renewable Fuel Standard (RFS) program continues to evolve and mature, so too does the manner in which the U.S. Environmental Protection Agency (EPA or the Agency) seeks to drive day-to-day compliance by the regulated community…more

Florida’s Supreme Court Rules in Favor of Concurrent Cause Doctrine; Reverses Second District’s Application of Efficient Proximate Cause

In John Robert Sebo, etc. v. American Home Assurance Company, Inc., Supreme Court case number SC14-897, the Florida Supreme Court reversed a Second District Court opinion which found the efficient proximate cause doctrine applicable to…more

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

When all is said and done, you will know what your firm’s clients value most and what drives them crazy, understand the opportunities ahead and any stumbling blocks in the way, gain competitive…

[ About | Legal Updates ]