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US lifts remaining sanctions on Burma

On October 7, 2016, the US Treasury Department's Office of Foreign Assets Control (OFAC) announced the termination of all remaining financial and trade sanctions against Burma (aka Myanmar). The removal of sanctions followed a visit to…more

Virginia OSHA is Serious about Safety and They’ll Issue Big Penalties ifNecessary.

We were stunned to see a squared away State OSHA plan issue a million dollar OSHA citation earlier this month. We should, therefore take note, when that state’s Governor actually spoke at the state’s “Governor’s Safety…more

New Treasury Regulations Curtail Planning Opportunities for Partnership Structures

The U.S. Treasury Department and the Internal Revenue Service issued final and temporary regulations (the “2016 Regulations”) on October 5, 2016 addressing the partnership disguised sale and debt allocation rules. The 2016 Regulations…more

The Power of Being in the Room: 4 Ways Attorneys Can Help Increase Boardroom Diversity

Beth Stewart, CEO of Trewstar Corporate Board Services, knows a thing or two about placing women on corporate boards. Since 2013 she has successfully placed 35 women directors on corporate boards, usually for Fortune 500 companies…more

A New Tool for Anti-Bribery Compliance Program: ISO 37001

Recently, the International Organization for Standardization (ISO) adopted a new set of standards, designated as ISO 37001, to assist organizations in their ongoing fight against bribery. As a result of recent increases in the…more

Reminder: New York Election Law Notices Should Be Posted Today

New York’s Election Leave Law requires employers to post a voting leave notice at least ten (10) working days before “every election.” This year, the general election will be held on November 8, 2016. Therefore, employers must, if…more

TAR: Building a Better Playlist

In a recent article in Today’s General Counsel, Brett M. Anders of Jackson Lewis and my Kroll Ontrack colleague Rick Anderson, seek to debunk the misconception that human lawyers alone can build a better playlist when it comes to legal…more

SPINAL TAPPED OUT: Harry Shearer’s Lawsuit is No Laughing Matter

For many of us, This is Spinal Tap remains the benchmark (if not the first great example) of the so-called “Mockumentary” genre of film. Since its first release in 1984 (it had a subsequent theatrical release thereafter) to critical…more

New York’s Highest Court: No “Stretch” in Yogi’s Independent Contractor Classification

Seyfarth Synopsis: The New York Court of Appeals recently rejected the narrow view of the Unemployment Insurance Appeal Board and found that substantial evidence did not support a finding that certain yoga instructors were…more

Countries at a Glance: Denmark - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - Employee stock purchase plans have not been expressly included in the Danish Stock Option Act (the "Act"). However, if a Plan…more

Schenker Inc to Pay $750,000 To Conciliate EEOC Class Investigation

CHICAGO - Schenker Inc., a global leader in the field of contract logistics services, has agreed to pay $750,000 to conciliate several charges of discrimination filed with the U.S. Equal Employment Opportunity Commission (EEOC)…more

Shutting the Valve on Skin Betting

A tried and true military strategy is to cut off your enemy’s supply lines: blow up a bridge and force a retreat. The tactic works in other situations too. It is regularly used by legislators and government agencies to address what…more

No Harm, No Foul: Lack of Concrete Injury Dooms Two Separate Actions Based on the Truth in Consumer Contract Warranty and Notice Act

Federal courts in New Jersey have begun to weigh on the application of the Truth in Consumer Contract Warranty and Notice Act (“TCCWNA”) in cases based on websites’ terms and conditions when the plaintiff has not alleged any injury…more

California Court of Appeal Affirms Decision to Exclude Evidence of the Amount Paid by a Medical Financing Company to a Personal Injury Plaintiff’s Health Care Providers

In Moore v. Mercer (filed October 21, 2016, C073064), the California Court of Appeal, Third Appellate District, ventured “down the rabbit hole into the upside-down world of health care billing” and held that evidence of the total…more

Federal auditors assail $359 million in Medicare costs for chiropractic care

Federal auditors have found that 80 percent of Medicare spending in a recent year on chiropractic care-some $359 million-was medically unnecessary. The federal insurance program for senior citizens should not have thrown taxpayer…more

Brexit’s Impact on the Insurance Industry

Following the UK’s historic advisory vote to leave the EU, key questions must be answered before any real change occurs. These include: Must the government implement the advisory vote, and if so, how? Will the UK really leave the…more

Using Public Policy to Create IRA Irony

You might recall that the Department of Labor (DOL) took the position earlier this year that it had to protect individual retirement accounts and annuities as well as IRA owners by extending certain ERISA protections to them. In its…more

Price fixing not justified to protect pharmacies in rural areas

On 19 October 2016, the Court of Justice of the European Union (CJEU) issued an important judgment concerning the German law on fixing prices of retail prescription drugs. In the case before the Higher Regional Court of…more

Ukraine’s Energy Efficiency Fund

Efficiency dilemma In common with other post Soviet countries, Ukraine suffers from very low energy efficiency and a high level of energy consumption in its economy. Key primary sources of energy are coal and natural gas (about 36…more

A Work in Progress: The Legal Function and the FCA's Senior Managers' Regime

The Senior Managers and Certification Regime (the “Regime”) came into force on 7 March 2016, with the stated aim of enhancing and embedding a culture of individual responsibility and accountability within the UK’s banking sector. There…more

Texas Courts Continue Their Romance With Arbitration

The lessons in Craddick Partners Ltd. v. EnerSciences Holdings, LLC are three: Parties who have not signed an agreement to arbitrate have standing to compel arbitration; artful pleading to avoid arbitration won’t work; and Texas courts…more

Treasury Issues Final and Temporary Regulations on Related-Party Debt Instruments

Seeking to curb “excessive” use of related-party debt, Treasury and IRS retain basic framework, but significantly narrow the scope, of the Proposed Regulations. On October 13, 2016, the US Department of the Treasury (Treasury) and…more

OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision

The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and investigating…more

Employers Explore Fluctuating Workweek and Related Alternatives to Time and One-Half Overtime for Newly Non-Exempt Employees

Many employers are currently reviewing their options for reacting to the December 1 increase in the minimum salary for claiming exemption from overtime requirements using the executive, administrative and professional exemptions…more

USCIS Filing Fee Increases Starting December 23, 2016

Any immigration applications or petitions to U.S. Citizenship and Immigration Services (USCIS) postmarked or filed on or after December 23, 2016, must include applicable increased fees or face rejection. Fee hikes average 21 percent…more

IRS Relief Available to Victims of Hurricane Matthew in North Carolina, South Carolina, Georgia and Florida

Some good news in the wake of Hurricane Matthew: participants in 401(k) and similar employer-sponsored retirement plans who have been adversely affected by Hurricane Matthew may be eligible to use their retirement savings to alleviate…more

Week in Review: Ascertainability under Rule 23(b)(2) and a Dose of Spokeo

This week we consider the Sixth Circuit’s take on how Rule 23’s ascertainability requirement overlaps with the different pathways to certification under Rule 23(b), as well as some post-Spokeo dismissals of putative class actions for…more

Tiffany Prevails!

The title is not a reference to a win by me, but rather my namesake Tiffany and Company’s big win in the Southern District of New York…more

The Katten Kattwalk - Issue 11

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more information…more

US Office of the Comptroller of the Currency Publishes Final Recovery Plan Guidance

The OCC published a final rule adopting enforceable guidelines for recovery planning by insured national banks, insured Federal savings associations and insured Federal branches of foreign banks with at least $50 billion in average…more

DHS Issues Final Rule: USCIS Filing Fees to Increase Effective December 23, 2016

On October 24, 2016, the Department of Homeland Security (DHS) issued a final rule increasing filing fees associated with a significant number of immigration applications. U.S. Citizenship and Immigration Services (USCIS) must recover…more

Embraer Settles FCPA Charges with DOJ, SEC

“Two out of three ain’t bad” was the refrain of a well known song by rock star Meatloaf some years back. While Meatloaf probably was not thinking about government investigations, sometimes the notion applies as aircraft manufacturer…more

FINRA, SEC Renew Focus on Senior Investors in Immediate Aftermath of FINRA Submission of Proposed Rulemaking to SEC

Highlights from FINRA/SIFMA Senior Investor Conference - On October 22-23, members of the securities industry, academia, regulators, and public policy experts gathered in Washington, D.C., at the joint Financial Industry…more

DC High Court Adopts Daubert Approach to Expert Testimony in Win for Wireless Industry

In an immediate victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of Columbia, the District of Columbia’s highest court abandoned the…more

Catalent Biosimilars Manufacturing Update

Yesterday, Catalent Pharma Solutions announced that it has broken ground for a 22,000 square foot extension of its biologics manufacturing facility in Madison, Wisconsin. According to the press release, following completion of the…more

Eleventh Circuit Holds That Reg. X Does Not Require Mortgage Servicers to Evaluate Untimely Loan Modification Plans Even If the Foreclosure Is Rescheduled So That the Sale Actually Occurs Beyond Reg. X’s 37-day Window

In a recent decision, the Eleventh Circuit (Lage v. Ocwen Loan Servicing, LLC, No. 15-15558 (11th Cir. Oct. 7, 2016)) held that a loan servicer is not required to evaluate a completed loan modification application if that application…more

Commission Approves an Order Regarding Swap Dealer Registration De Minimis Exception

On October 13, 2016, the U.S. Commodity Futures Trading Commission extended until December 31, 2018, the $8 billion swap dealer registration de minimis threshold. Unless it is further modified, the threshold will become $3 billion once…more

Court Upholds City’s Communities Facilities District and Related Special Tax

The question of who should pay the cost of municipal services for new residential development is a vexing question. The answer is critically important to the developers and homebuilders who must finance and market their projects, the…more

TCPA Argument Foreshadows Unforeseen D.C. Circuit Ruling on Manually Dialed Calls

On October 19, 2016, a panel of the U.S. Court of Appeals for the D.C. Circuit heard oral argument in ACA International v. FCC, the closely followed consolidated appeal of the Federal Communication Commission’s (FCC’s) 2015 Omnibus…more

Target Benefit Plans and Annuities for Federally Regulated Enterprises

On October 19, 2016, the federal government tabled Bill C-27, which proposes amendments to the federal Pension Benefits Standards Act, 1985 (PBSA). If passed, this bill will allow federally regulated employers to create both single…more

D.C. Circuit: SEC’s In-House Court is Constitutional

Previously, we advised that the Securities and Exchange Commission’s increased preference for bringing enforcement actions in its in-house court had triggered jurisdictional and constitutional challenges to SEC administrative…more

Embraer FCPA Enforcement Action – Part II

Today I continue my exploration of the recently announced Department of Justice (DOJ) and Securities and Exchange Commission (SEC) Foreign Corrupt Practices Act (FCPA) enforcement action with the announcement of the resolution of the…more

Division of Corporation Finance Issues Five FAQs Related to CEO Pay Ratio Rules

On October 18, 2016, the Division of Corporation Finance issued five new Compliance and Disclosure Interpretations (C&DIs) related to the CEO Pay Ratio Rules. The CEO Pay Ratio Rules, which became effective on October 19, 2015, will…more

Latest Cyber Attack a Wake-up Call: What are your company’s IoT exposures?

The Internet of Things gives rise to many risks and exposures that companies and their insurers were not thinking about as recently as a couple years ago, and probably aren’t fully cognizant of today…more

Benchslap for Blacklisting Rule

Yesterday a federal court put a temporary hold on the Obama Administration’s so-called Blacklisting Rule. Associated Builders v. Rung. In a previous blog we described in detail the Administration’s Executive Order and proposed rules…more

It’s All About Compliance

This Alert is one in an occasional series of articles providing tips about various topics which come up routinely with import and export transactions. These articles/tips are published with the intention to provide suggestions to aid…more

Key Takeaways: Fourth Annual Seminar for Pharmaceutical, Biotechnology and Medical Device Companies

On October 5, 2016, Skadden hosted its Fourth Annual Seminar for Pharmaceutical, Biotechnology and Medical Device Companies. The seminar focused on the current and developing challenges facing such companies and included panels…more

Be Aware – The Venue for IRS Appeals Conferences Has Changed

Effective October 1, 2016, the Internal Revenue Service (“IRS”) changed its approach to conducting appeals conferences. The changes were likely adopted by the government under the guise of efficiency and cost savings. With that said…more

Update on the regulation of the Moroccan electricity sector

As host of the upcoming COP22, Morocco has been pursuing the liberalisation of its energy sector. On 4 May 2016, Morocco's House of Counsellors adopted the law No.48-15 (the "Law") in order to regulate the electricity sector by…more

Court Grants ABC’s Preliminary Injunction Request in Case Challenging “Blacklisting” Executive Order

We recently reported on a lawsuit, filed by the Associated Builders and Contractor’s (ABC), challenging the “blacklisting” Executive Order and the implementing regulations. As we noted in our article, a ruling by the Court on ABC’s…more

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