Latest Updates

How Computer Forensics Can Affect Your Divorce Case

As people spend more and more time on digital and electronic devices (smartphones, laptops, ipads, and computers), digital information becomes more relevant in divorce cases. Social media, computers and cell phones become very… more

Employment Law Navigator – Week in Review: April 2017 #4

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were discharged… more

LNG-to-power: Key Bankability Considerations for FSRU-to-IPP Project Structures

Introduction/Synopsis - The growth of “LNG-to-power,” by which we mean the use of regasified LNG as a feedstock fuel for power generation, is largely attributable to a combination of economic, political and technical factors, which… more

Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement

Stephen Pinson, Scott & Scott, LLP attorney, shares the key requirements in negotiating SAS and Cloud Agreements… more

The DOJ's Case Against North Carolina Anti-Steering Agreements Permitted to Proceed

The Department of Justice's (DOJ) case against Carolinas Healthcare System's (CHS) anti-steering contract clauses has survived initial attempts by CHS to dismiss the case. Despite the reversal of the DOJ's win in the American Express… more

Sandoz’s Biosimilars Rituximab and Etanercept are Recommended for Approval in Europe

On Friday, April 21, 2017, Sandoz announced that the Committee for Medicinal Products for Human Use (CHMP) has recommended the approval of Sandoz’s biosimilars rituximab and etanercept in Europe. If approved, rituximab may be used in… more

Proposed Amendments to Cap-and-Trade Extension Bill Could Undermine Program

On April 18, 2017, California Assembly Members Garcia, Holden, and Garcia proposed amendments to Assembly Bill No. 378 (AB 378) that are intended to extend but significantly reshape California’s Cap-and-Trade Program. This post briefly… more

[Webinar] Trade and Foreign Investment in Cuba: New Legal Framework - May 10th, 1:00 p.m. U.S. CDT

Understanding the current circumstances facing the Republic of Cuba will help to take advantage of opportunities for the promotion as well as the protection of foreign investment and trade which have motivated the firm to launch 'Cuban… more

A Retailer’s Failure to Pay Time And A Half for Work Performed on Sundays And Holidays May Violate Massachusetts’ Payment of Wages Law

Massachusetts law requires most retail employers to pay employees time and a half for work performed on Sundays and certain holidays. In a case of first impression, a Massachusetts Superior Court judge recently held that retail… more

Witnesses announced for April 26 House CHOICE Act hearing

The House Financial Services Committee has released the witness list for the hearing it will hold this Wednesday, April 26, 2017, to discuss the Financial CHOICE Act… more

Labor & Employment E-Note - April 2017

Attention employers! What’s your LGBTQ IQ? Nashville Partner Stephen Price invites you to reassess your workplace policies in this article for the Association of Corporate Counsel. Please see full E-Note below for more… more

Can subscribing to voluntary codes of conduct change a lender's duty of care to its customers?

The recent case of Thomas & Anor v. Triodos Bank NV [2017] EWHC 314 suggests that in certain circumstances banks that have subscribed to voluntary codes of conduct (and advertised that fact to their customers) might be fixed with a… more

Best in Law: How to Keep Business Secrets Secret - Partner D. Brian Reider Writes About NDAs for the Press-Enterprise

Sooner or later, every business encounters the same problem: A situation arises where vital, confidential information must be disclosed to someone outside the company. It may be the result of a negotiation over the possible sale of the… more

Southern California Environmental Update #3 – April 2017

This is the third update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley… more

Bridging the Week - April 2017 #4

CME Group Revises July 2016 Proposal Authorizing End Customers to Become Direct Clearing Members Without Incurring Liability for Default of Other Members - CME Group submitted amendments to its proposed rule changes previously… more

Real Property & Title Insurance Update: Week Ending April 14 & 21, 2017

REAL PROPERTY UPDATE - Foreclosure/Attorneys’ Fees: mortgage foreclosure plaintiffs seeking attorney’s fees must support their claim with competent, substantial evidence of the number of hours worked and evidence that those hours… more

Alternative investment company – deadline for regulatory adjustment will end June 4, 2017

On June 4, 2016 amendments to the Act on Investment Funds (the “Act”) entered into force. The purpose of the amendment is implementation in the Polish legal system AIFMD (Directive 2011/61/EU of 8 June 2011 regarding managers of… more

News from the Vermont Statehouse - An Analysis from DRM’s Government & Public Affairs Team - April 2017 #2

Senate Money Panel Passes Budget Bill - On a vote of 7-0, the Senate Appropriations Committee passed a $5.8 billion budget on Friday that closes a $72 million projected gap between revenues and expenditures in the 2018 fiscal… more

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for Project Development Despite USFWS Decision Not to List Under ESA

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant decision under… more

UK Financial Conduct Authority Takes Action Against Two Individuals for Market Abuse

The Financial Conduct Authority has banned and fined two individuals for market abuse. Mr. Niall O'Kelly and Mr. Lukhvir Thind were Chief Executive Officer and Financial Controller, respectively, at Worldspreads Limited during the… more

Immigration Related Initiatives (so far) by the Trump Presidency that Affect US Employers - Site Visits and Expanded Enforcement Capacity

The topic of immigration has become a flashpoint for many since President Trump was elected, just as it formed a major component of his platform as a presidential candidate. The focus of this article is limited to how the new… more

Failure to Register with FINCEN Sustains Guilty Pleas by Virtual Currency Exchangers

It is a potential crime to conduct a business that exchanges virtual currency and fail to register with the Financial Crimes Enforcement Network (“FinCEN“), even if the State in which one operates does not impose a similar licensing… more

A first-time flyers introduction to structured finance for aircraft, ships and trains

In the US, borrowers often tap the capital markets when fund raising. In Europe this is less common due to the current availability of cheap bank funding on this side of the Atlantic. However, this state of affairs could quickly… more

Benefits of Family Philanthropy: A Real World Example

In our current series of blog posts, Diving Into Family Philanthropy, we are exploring the choices available to families that wish to engage in family philanthropy… more

Virginia Supreme Court Refuses to Expand Bowman Doctrine for Wrongful Termination of an At-Will Employee

In Bowman v. State Bank of Keysville, the Virginia Supreme Court first recognized an exception to the employment at-will doctrine based upon an employer’s violation of public policy in the discharge of an employee. In subsequent cases… more

Security Breach Notification Becomes More Complex For Employers

With new and sophisticated schemes perpetrated by hackers and scammers, and sensitive personal information becoming increasingly accessible to numerous insiders, it is only a matter of time before most employers will be required to… more

For how long can an employee enforce an arbitration award

We looked at this question in our article How long can a CCMA arbitration award be enforced against an employer. Since then the Constitutional Court has considered the question of the prescription of arbitration awards not once but… more

Where Federal Tax Reform Goes, Will State Taxes Follow?

With Republicans in control of both the White House and Congress, comprehensive federal tax reform likely is on the horizon. Both the tax reform plan outlined by President Donald J. Trump during his campaign (the Trump Plan) and the… more

Court Upholds Murder-for-Hire Conviction, Rejects Fourth Amendment Challenges

The murder-for-hire statute makes it a crime to agree to commit murder in exchange for “anything of pecuniary value.” 18 U.S.C. § 1958. The Second Circuit has understood this language to require that, at the time of the agreement… more

Economists’ Rx for MDs’ legal wellbeing? Practice better medicine

In the battles between lawyers and doctors over malpractice lawsuits filed by patients harmed while seeking medical services, it may be worth heeding economists’ prescription for caregivers: Physicians, heal thy selves… more

.Health: What You Need to Know About the Internet’s Newest Domain Name

On May 8, the new .health Internet top-level domain opens up to members of the health care industry and will be awarded on a “first-come, first-served” basis. Below is what your organization needs to know about “.health.”… more

Health Care E-Note - April 2017

An often overlooked and under publicized provision of the False Claims Act (“FCA”) is the retaliatory discharge prohibition. This is probably because retaliatory discharge claims do not grab headlines by winning multimillion dollar… more

D.C. Circuit affirms denial of CFPB petition to enforce CID issued to college accrediting organization

The D. C. Circuit has affirmed the D.C. federal district court’s April 2016 denial of the CFPB’s petition to enforce a CID issued to the Accrediting Council for Independent Colleges and Schools (ACICS) in August 2015… more

Federal Court Strikes Down EPA Farm Exemption Reporting Rule

Farms formerly exempt from certain federal, environmental reporting regulations now will have to go through the reporting process after a federal court decision earlier this month erased the Environmental Protection Agency (EPA) Farm… more

SOSR – A low threshold for a fair dismissal?

Of the five fair reasons for dismissal, ‘some other substantial reason’ (SOSR) is often viewed as a ‘catch all’ justification for dismissal. It does not give an employer freedom to dismiss for an irrelevant or trivial reason. However… more

Uganda - A bright future

Peter Hood is a solicitor and Hogan Lovells consultant currently living in Kampala, Uganda who specialises in business and human rights and international arbitration. He recently gave two guest lectures to law students at Makerere… more

The FCPA at 40 – Corporate Responsibility for Compliance

In two speeches last week Department of Justice (DOJ) Acting Principal Assistant Attorney General Trevor McFadden addressed multiple topics and issues around the Foreign Corrupt Practices Act (FCPA). The first set of remarks were made… more

Putative Class Action Involving A Patented Reinsurance Arrangement For Workers’ Compensation Coverage Largely Survives Dismissal

The case is pending in a federal district court in New York, and involves three allegedly interconnected contracts purportedly “designed to circumvent [state] insurance laws,” including the laws of New York… more

Advertising Litigation Report: Vol. 2, No. 2 - Lanham Act False Advertising

Summary Judgment Affirmed for Defendant in Lanham Act Challenge to Statements Concerning Popularity of Advertiser’s Product, Scarcity of Challenger’s Product: Verisign, Inc. v. XYZ.COM LLC, 848 F.3d 292 (4th Cir. 2017)… more

Court orders former president of debt collection company to pay $2 million penalty to FTC for alleged FDCPA/FTC Act violations

A Texas federal district court has entered a $2 million civil penalty judgment against the former president of a debt collection company for alleged violations of the FDCPA and FTC Act… more

FDA Advisory Committee to Hold Public Meeting on Hospira’s Proposed Epogen/Procrit Biosimilar

The FDA recently announced that the Oncologic Drugs Advisory Committee will hold a public meeting on May 25, 2017 to discuss Hospira’s application for a proposed biosimilar of Amgen’s Epogen®/Procrit® (epoetin alfa). Pfizer (Hospira’s… more

High School Sleuths Expose Questionable Credentials of New Principal

Earlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson. According to the Kansas City Star, Robertson had… more

The First 100 Days: The Trump Administration’s Impact on Labor and Employment Law Thus Far

Twenty-four executive orders, 13 signed Congressional Review Act resolutions, and one failed healthcare bill…political pundits and policy experts are no doubt tallying up these and other actions as we quickly approach April 29, 2017… more

Who Does What: Broker Dealers | Registered Investment Advisers | Commodities/Futures Entities

At Fox Rothschild LLP, we have a wealth of experience in creating and forming broker-dealers, registered investment advisers, commodity entities and various hedge funds. Over the years, our strategy has been to work with our clients to… more

SEC Settles FCPA Charges With Two Former Telecom Executives

Two former executives of Hungarian telecom firm Magyar Telecom settled FCPA charges with the SEC shortly prior to the commencement of their trial. Former CEO Elek Straub, and former Director of Central Strategic Organization Andras… more

EPA Requests Public Comments Recommending Regulations To Repeal, Replace, Or Modify By May 15, 2017

On February 24, 2017, President Trump issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” as part of the White House’s efforts to reduce federal regulatory burdens on business. Among other things, the Executive… more

[Video]Technology & Workplace Compliance Problems

In this video, McNees attorney Eric Athey discusses compliance issues that can arise from technology in the workplace… more

Immigration Briefing: What Employers Need To Know Now

To date, there have been multiple immigration updates and Executive Orders issued by the new administration impacting immigration case processing and practices by the Department of Homeland Security ("DHS"), the Department of Justice… more

Analysis of FDIC v. Loudermilk Decision

The FDIC’s lawsuit against former directors and officers of the failed Buckhead Community Bank, one of the most closely watched Georgia corporate governance cases in years, went to trial in October, 2016. The jury returned a verdict of… more

Finding Exceptional EDiscovery Value

Why are we settling for less than exceptional eDiscovery results? My guiding principle for eDiscovery is simple: eDiscovery always must deliver exceptional value to the client. A general counsel purchasing eDiscovery services… more

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