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Alabama Court of Civil Appeals Rules in Bank’s Favor in Ejectment Action Based on Bank’s Substantial Compliance with Terms of Mortgage Contract and Promissory Note

In Turner v. Wells Fargo, N.A., No. 2150230, Wells Fargo foreclosed on a home after the homeowners tendered a bad check and attempted to send catch-up payments that did not include required penalty fees. Wells Fargo, which purchased…more

EPA Proposes Ban on Common Degreasing Chemical TCE

Yesterday, EPA announced its first proposed ban of a new chemical under the amended TSCA (Frank R. Lautenberg Act, Pub. L. No. 114-182 (2016)), which, among other changes, mandated EPA risk assessments of all high-priority substances…more

General Contractor’s Excess Insurer Denied Equitable Contribution From Subcontractor’s Excess Insurer

In Advent v. National Union Fire Ins. Co., etc. (No. H041934 filed 12/6/16), a California appeals court refused to order a subcontractor’s excess insurer to contribute to a general contractor’s excess insurer because the general…more

OIG Spreads Holiday Cheer By Increasing “Nominal Value” Limits for Gifts to Medicare Beneficiaries

The Office of Inspector General (OIG) has increased the value of permissible gifts that may be made to Medicare beneficiaries without running afoul of the civil monetary penalty (CMP) provision prohibiting beneficiary inducements…more

Trump To Nominate Fast Food Exec Andy Puzder As Secretary Of Labor

Sources within President-Elect Donald Trump’s transition team said today that Mr. Trump’s nominee for Secretary of Labor would be Andy Puzder, Chief Executive Officer of CKE Restaurants, Inc., which includes Hardee’s and Carl’s Jr. A…more

A Partial FLSA Wish List

Presidential elections have typically sparked speculation about possible changes in employment laws and enforcement policies. But this seems to be especially true now, due in part to the discussion already occurring about revisions in…more

EPA Identifies First Ten Chemical Substances For Evaluation Under New TSCA

As we outlined earlier this year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those that are already in use in commerce)…more

Healthcare & Life Sciences Private Equity Deal Tracker: Water Street and JLL Partners Acquire MedPlast

Water Street Healthcare Partners and JLL Partners have announced the joint acquisition of MedPlast. MedPlast, based in Tempe, Ariz., is a services provider to the medical device industry specializing in technical molding, advanced…more

Whistle While You Work: SEC Whistleblower Office Releases Its 2016 Annual Report

The SEC released its Fiscal Year 2016 Annual Report (the “Report”) to Congress on the Dodd-Frank Whistleblower Program on November 15, 2016. The Report analyzes the tips received over the last twelve months by the SEC’s Office of the…more

Google v. The Court: Free Speech and IP Rights

Google Inc. v. Equustek Solutions Inc., et al., the long-running case involving a court’s ability to restrict online search results, and Google’s obligations to restrict search results has finally reached the Supreme Court of Canada…more

Longshoreman’s Negligence Claim Against a Vessel Limited to § 905(b)

In Seaboard Spirit LTD, et al. v. Antwon Hyman, et al., No. 15-12953, an unpublished opinion issued by the Eleventh Circuit on December 5, 2016, the Court of Appeals reversed a District Court’s opinion that had expanded a vessel…more

Forming a Tax-Exempt Section 501(c)(3) Corporation

Although startups are traditionally for-profit ventures, the same principles used to launch a successful startup also apply to the formation of philanthropic enterprises. Generally when people discuss nonprofits, they are…more

Wage Exemption Amount for Restraining Notices and Levies under New York State Law to Increase as of December 31, 2016

Under New York’s Exempt Income Protection Act (“EIPA”), certain funds in deposit accounts are exempt from most restraining notices and levies. One exemption under the EIPA is for an amount deemed to be protected wages, with the amount…more

The Supreme Court Restores Implied Benefit Theory in Insider Trading Prosecutions of Downstream Tippees

Friends and relatives of corporate insiders who knowingly receive and trade on inside information now confront greater exposure for federal securities laws violations. On December 6, 2016, the Supreme Court held in United States v…more

Looking for a Mind at Work: The FTC Presents a Staff Summary of its September 2016 Workshop on Disclosure Effectiveness

Quietly, the Federal Trade Commission staff published a summary of the workshop it convened on September 15, 2016 (“Putting Disclosures to the Test”). The summary goes into detail and generally presents an accurate and objective…more

PA Construction Notices Directory Goes Live December 31, 2016

The new — and much anticipated — Pennsylvania State Construction Notices Directory (“Directory”) is expected to go live this December 31. With this rollout, the PA legislature will have established a statewide directory system for…more

On Hold: House v. Burwell

In a brief Order issued on December 5, 2016, in U.S. House of Representatives v. Burwell, the U.S. Court of Appeals for the D.C. Circuit granted the motion filed by the U.S. House of Representatives (House) seeking to put the lawsuit…more

European Parliament Votes to Delay PRIIPS Regulation Application Date

On December 1, 2016, the European Parliament published a press release announcing that it has voted to delay the Regulation on key information documents (“KIDs“) for packaged retail and insurance-based investment products (“PRIIPs“)…more

Alert: What is Really Going on with the FCC’s Broadcast Incentive Auction?

If you follow the broadcast or wireless industries, you know that the Federal Communications Commission ("FCC") is conducting the world's first dual-sided spectrum auction. In the auction, television broadcasters participate first in a…more

California & the Federal Government Expand Laws to Eliminate Wage Disparity

California state legislature amended the Fair Pay Act to prohibit race and ethnicity-based wage differentials and to preclude employers from relying on salary history to justify the wage gaps. In addition, the U.S. Equal Employment…more

Phishing as a Service

A recent report from Imperva, Inc. has identified a Phishing as a Service (PhaaS) being offered on a Russian website. The United States Computer Emergency Readiness Team defines phishing as “an attempt by an individual or group to…more

USDA Funding Leads To First Wood-To-Jet Fuel Commercial Flight

On November 14, 2016, the U.S. Department of Agriculture (USDA) and its partners celebrated the successful journey of the first commercial flight powered in part by a new renewable fuel made from wood waste. The demonstration flight…more

Two Key Things You Need to Know About the 2016 Federal Rule Changes

On December 1, 2016, amendments to the Federal Rules of Civil Procedure (“FRCP”) and Federal Rules of Appellate Procedure (FRAP) took effect. While at first glance, the changes may not seem dramatic, but changes such as shortening the…more

European Commission Adopts Delegated Regulation on RTS for the Application of Position Limits to Commodity Derivatives

On December 1, 2016, the European Commission adopted a Delegated Regulation supplementing the MiFID II Directive (2014/65/EU) in relation to regulatory standards (“RTS“) for the application of position limits to commodity derivatives…more

Employers, Here’s Why Good Documentation Is Da Bomb.

Documentation. What a pain! You have so many more important things to do. But taking the time to document is a good practice that may save you a lot of grief later. I know that most of you already know what I’m about to say, but…more

Post-Election Events Making Waves in the Cannabis Industry

As we reported previously, the cannabis industry had a historic election night, with eight out of nine states approving their respective referendums legalizing some form of adult cannabis use. In the short time since that vote, there…more

Why A Plan Sponsor Should Get A Plan Review

Retirement plan sponsors tend to be reactive rather than pro-active. They would rather not spend money to undergo a plan review and assume everything is fine until they run into a big compliance issue or mistakes are discovered on a…more

FCA to Impose Remedies in Asset Management Sector

On 18 November 2016, the UK’s Financial Conduct Authority (FCA) published interim findings from its year-long study of the country’s asset management sector—concluding that price competition is weak in several areas, and highlighting…more

21st Century Cures: Congress Approves Legislation Expanding Hospital Site-Neutral Payment Exceptions and Making Other Payments Changes

The 21st Century Cures Act encourages biomedical research investment and facilitates innovation review and approval processes, but also serves as a vehicle for a wide variety of other health-related measures, including changes…more

Lessons Learned from AIA Invalidity Proceedings in the Bio/Pharma Space

September 16, 2016, marked the fourth anniversary of the effective date for the invalidity proceedings before the Patent Trial and Appeal Board (PTAB or Board) created by the America Invents Act (AIA). These new AIA proceedings…more

Final UK Gender Pay Gap Regulations Published

The long awaited final draft of the Gender Pay Gap Regulations was published on 6th December 2016. The Regulations are scheduled to come into force on 6th April 2017. This OnPoint summarises the provisions of the Regulations and…more

Big Regulatory Changes in Store for Funds and Advisers? No One Knows for Certain, but Here’s Our Best Guess

While no one knows for sure what the future holds for investment management regulation, the tea leaves indicate that we may expect a slowdown on new regulations, some pullback on parts of the Dodd-Frank Wall Street Reform and Consumer…more

New Year, New Rules: More Changes to the Commercial Division Rules Coming in 2017

The New York Commercial Division is poised to continue its rules revamp, with six new rules proposals announced since October. While these proposals would not alter practice before the Commercial Division in the same manner that the…more

Delaware Court of Chancery Dismisses Derivative Suits Alleging Directors Wrongfully Refused Litigation Demands

Seyfarth Synopsis: On November 30, 2016, The Delaware Court of Chancery dismissed two derivative suits filed on behalf of the Bank of New York Mellon (“BNYM”). The companion memorandum and letter opinions reaffirm the heavy burden a…more

Judge Forrest Vacates Judge Scheindlin’s Prior Decision Invalidating TiVo Patents Under § 101

On November 29, 2016, District Judge Katherine B. Forrest (S.D.N.Y.) vacated the February 22, 2016 decision of Judge Shira A. Scheindlin, which had granted a motion to dismiss, brought by alleged infringers TNS Media Research, LLC and…more

SEC Takes Issue with Employee Confidentiality Obligations and Waivers of Monetary Awards

The Securities and Exchange Commission's (the "SEC" or "Commission") Office of Compliance Inspections and Examinations ("OCIE") issued a risk alert on October 24, 2016, announcing that it will be reviewing registrants' compliance with…more

"Salman Rejects Heightened Personal-Benefit Requirement in Insider Trading Prosecutions"

On December 6, 2016, the U.S. Supreme Court in Salman v. United States unanimously held that an insider's gift of confidential information to a "trading relative or friend" is sufficient to establish the personal benefit to the tipper…more

For Design Patent Damages 'Article of Manufacture’ Not Necessarily Entire End Product

A unanimous US Supreme Court held that for purposes of determining damages for design patent infringement under 35 U.S.C. §289, the relevant “article of manufacture” may include either the end product sold to the consumer or simply a…more

The 21st Century Cures Act and Its Effect on Digital Health

New legislation includes a broad regulatory exemption for medical software. On December 7, the US Senate passed the 21st Century Cures Act and sent it to President Barack Obama, who has promised to sign it. This new legislation…more

Proposed German Law Could Curtail Privacy Rights

Although Germany has tended to advocate relatively strict data protection laws, a recently released draft law could call into question the extent to which Germany will protect privacy rights in the future. The stated purpose of the…more

‘Tis the Season for Giving: OIG Updates Policy on Gifts of Nominal Value to Medicare and Medicaid Beneficiaries

In Depth - On December 7, 2016, the Office of the Inspector General (OIG) of the US Department of Health and Human Services (HHS) issued a policy statement increasing its thresholds for gifts that are considered “nominal” for…more

Imminent USCIS Fee Increase and I-9 Implementation

As previously noted in this space, two small but significant changes from United States Citizenship and Immigration Services (USCIS) are coming in the next month. First, on December 23, 2016, the Department of Homeland Security (DHS)…more

Trump’s Promised First 100 Days: What Asian Businesses Need to Know

Companies operating in Asia should take heed of five areas the US president-elect has said he will act on in his first 100 days, which could provide potential opportunities and challenges for Asian businesses—including the future of…more

Fifth Circuit Fast-Tracks Appeal of Overtime Rule Injunction

On December 8, the Fifth Circuit Court of Appeals granted the U.S. Department of Labor’s motion seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was scheduled to take…more

Supreme Court Gives Samsung an Early Christmas Present – For Now: eDiscovery Case Law

We almost made it the entire year without an update on the ubiquitous Apple v. Samsung case. Thanks to the U.S. Supreme Court, this long lasting case isn’t done yet…more

2017 Labor & Employment Law Update for California Employers

In 2016, California passed a slew of labor and employment laws affecting businesses across the state and their personnel policies and practices. Below is a brief summary of many of these laws, which generally take effect on January 1…more

Negotiation By Tweet: The Uncertain Future of U.S.-Cuba Relations

After the announcement of Fidel Castro’s death on November 26, 2016, President Barack Obama sent a message to the Cuban people highlighting his administration’s efforts to improve relations between the United States and Cuba. “History…more

Fifth Circuit Clarifies Claims Handling Quandary: When Does a Cause of Action Accrue?

The U.S. Court of Appeals for the Fifth Circuit issued a per curiam opinion in De Jongh v. State Farm Lloyds, 2016 U.S. App. LEXIS 21432 (5th Cir. 2016) that clarified a typical but potentially tricky question involving property…more

House Passes 21st Century Cures Act

On November 30, 2016, the House of Representatives passed the 21st Century Cures Act, a bill intended to modernize health care delivery and speed up and improve medical research and innovations by removing bureaucratic obstacles. If…more

Can an Employer Back out of a Promise to Provide Advancement by Claiming That the Employee Committed Fraud?

Numerous decisions from the Delaware courts establish that a company cannot abandon its promise to advance legal fees and expenses when the covered director, officer, or employee properly invokes it…more

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