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WTO Appellate Body Report: EU – Biodiesel (Argentina)

Decision: The WTO Appellate Body has delivered a mixed verdict in Argentina's challenge to EU anti-dumping measures on biodiesel. The Appellate Body rejected Argentina's claims that part of the EU Basic Regulation on anti-dumping…more

OSHA Update: OSHA Issues Comprehensive Recommended Practices for Safety & Health Programs

On October 18th, OSHA issued its long-awaited “Recommended Practices for Safety and Health Programs”. The Recommendations replace OSHA’s 1989 Voluntary Guidelines with a comprehensive web-site containing numerous resources to set up or…more

Health Alert (Australia) October 24, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 19 October 2016 - Damir Redzepovic v Western Health [2016] VSCA 251 The applicant sought leave to appeal from a…more

Financial Services Quarterly Report - Third Quarter 2016: The Evolving DOL Fiduciary Rule: Impact on Mutual Fund Distribution and Broker-Dealers Generally

The U.S. Department of Labor (DOL) issued the final version of its “fiduciary investment advice” regulation (Final Rule) on April 6, 2016, following a lengthy proposal and re-proposal process. Although the Final Rule reflects various…more

Significant Increase in USCIS Filing Fees to Take Effect in December 2016

Seyfarth Synopsis: Effective December 23, 2016, the filing fees for many USCIS nonimmigrant and immigrant petitions and applications will increase. The filing fees for USCIS nonimmigrant and immigrant petitions and applications…more

An Introduction to Corporate Guarantee

In the UAE, the risk management activities inherent in running a corporate or investment banking business remain of crucial importance, not least because of the strong local characteristic of “name lending”, by which is meant lending…more

PA Superior Court Clarifies that Employers May Not Mandate Payroll Cards

It is helpful to have this clarification, even if perhaps this is not the news employers have been eagerly awaiting. On October 21, 2016, the Pennsylvania Superior Court weighed in on the issue of mandatory payroll cards. As we…more

Hiring Without Headaches – A Possibility or Fantasy?

So this week, I’ll be speaking at our firm’s semi-annual Labor & Employment Law seminar. Amazingly, we have reached capacity for this event and are now taking names for a waiting list! Many thanks to all who have signed up. It should…more

Court Holds That Fashion Designer Karen Millen Cannot Use Her Name in Connection with Future Clothing Lines

A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and homeware…more

DHS Finalizes Rule to Increase Fees

The U.S. Department of Homeland Security (DHS) finalized a rule that will increase immigration fees. The proposed rule was issued on May 4, 2016, and the final rule will go into effect on December 23, 2016 (60 days after publication)…more

Countries at a Glance: Mexico - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - It is becoming more common for employees to claim they have entitlements under Plans. Standard waiver and consent provisions…more

Colleges/Universities Granted Extended Relief for Premium Reductions in Connection with Student Health Insurance

The Departments of Labor, Health and Human Services and the Treasury (collectively, the “Departments”) on Friday extended enforcement relief, via publication of FAQs About Affordable Care Act Implementation Part 33 (“FAQs”), to higher…more

Federal Circuit Clarifies Pleading Requirements for Joint Infringement

Earlier this year, we discussed the potential ramifications of the December 2015 amendments to the Federal Rules of Civil Procedure on the pleading standard of infringement following the decision in Rembrandt Patent Innovations LLC v…more

January 1st is Quickly Approaching – Have you Reviewed your Health Plan for Section 1557 Compliance?

Earlier this year the U.S. Department of Health and Human Services (“HHS”) finalized regulations that implement Section 1557 of the Affordable Care Act (“Section 1557”). You can read our prior discussions of these regulations in our…more

Food and Beverage News and Trends - October 2016 #2

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. WHO announces support for taxes on sugary drinks. The World Health Organization…more

EU Top Court Rules IP Addresses Maybe Protected Personal Data

In a decision that could have significant impact for online companies that have European operations, the European Union’s (EU) top court ruled that Internet Protocol addresses (IP addresses) could, under certain circumstances…more

Lawyers, Is Social Media Worth It? You Decide.

I’ve heard these comments, or ones similar to them, many times in the past several years. “I’m not sure this is all worth it….this Social Media thing.” “I tried LinkedIn, but it didn’t produce anything for me.”…more

Thoughtful Approach to Trademarks is Important for Food and Beverage Companies: Insights from Nutter’s Pat Concannon

Patrick J. Concannon, a partner in Nutter’s Intellectual Property and Business Departments, weighed in on the importance of trademarks in the food and beverage industry in Nutter Insights. Pat analyzed how trademarks come into play…more

ITC Section 337 Update – October 2016

Commission Suspends ‘939 Investigation Enforcement Pending PTAB Result - On July 21, 2016, the International Trade Commission (“the Commission”) issued a notice that it had found a violation of Section 337 in Certain Cinema Systems and…more

Bipartisan Policy Centers Releases Report on Financial Regulation

The Bipartisan Policy Center, a US-based non-profit organization, issued a paper entitled “Did Policymakers Get Post-Crisis Financial Regulation Right?” The paper analyzes the effects of financial regulation post-financial crisis and…more

When do you require a specialist builder’s licence for structural steelwork? - A case study of Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte Ltd [2016] SGCA 42

In Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte Ltd [2016] SGCA 42, the Court of Appeal (CA) firstly, affirmed the High Court decision that a disjunctive interpretation of the term “structural steelwork”…more

Where Have You Gone Chico Escuela! Using Split Dollar Life Insurance for Major League Baseball Players

Overview - When I grew up in the Panama Canal Zone, the country of Panama still had winter league professional baseball up until 1970. They frequently played weekend games at the high school field down the street from my house…more

US Federal Reserve Board Chair Janet Yellen Testifies Before House Committee on Financial Services

Janet Yellen, Chair of the Federal Reserve, testified before the Committee on Financial Services of the US House of Representatives. Yellen began by discussing the Federal Reserve Board’s efforts to strengthen regulation on the largest…more

The “Collateral Source Rule” is Alive and Well in California!

Woodland Hills personal injury attorney Barry P. Goldberg is often confronted with situations where there are multiple sources of insurance recovery for his clients. Many clients do not realize that the “Collateral Source Rule” may…more

FTC to Take Additional Steps to Rein in Influencer Marketing?

Last week, two advocacy groups filed a complaint with the Federal Trade Commission (“FTC”) taking direct aim at the burgeoning influencer marketing industry. The complaint implores the agency to take enforcement action against various…more

InterConnect Flash! No. 57 - 10Tth Circuit Hurls Knuckleball at Carriers Attempting ELD Roll-Outs

While the rest of the country was basking in the glow of the Cleveland Indians improbable trip to the World Series last week (ok so maybe just the City of Cleveland) the 10th Circuit Court of Appeals threw a knuckleball to motor…more

New Jersey Court Holds Pre-Suit Demand Letter Constitutes a Claim

In its recent decision in S.M. Elec. Co. v. Torcon, Inc., 2016 N.J. Super. Unpub. LEXIS 2289 (N.J. App. Div. Oct. 19, 2016), the Superior Court of New Jersey, Appellate Division, had occasion to consider what constitutes a “claim” for…more

DOJ, FTC Issue Antitrust Guidance to Human Resources Professionals

On October 20, 2016, the United States Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued joint Antitrust Guidance to Human Resource (HR) Professionals (the Guidance) involved in hiring and…more

Eleventh Circuit Says No to Applicant Disparate Impact Age Discrimination Claims

How would your company react if legal counsel advised you that the mere act of recruiting on college campuses exposes the business to class action employment discrimination claims? Fortunately, this scenario will not happen if federal…more

Expert Who Admitted That He Was Unqualified and That His Opinions Lacked Methodology Not Allowed to Testify in Zoloft Litigation.

Last week, the Drug and Device Law Lifelong BFF asked us if we were interested in a quick trip to New York to use tickets for an early morning taping of “Live with Kelly.” Sure, we said – sounds like fun. And so, after nearly two…more

US Commodity Futures Trading Commission Expands Interest Rate Swap Clearing Requirement

The CFTC expanded the existing clearing requirement to interest rate swaps through an amendment to regulation 50.4(a), requiring that market participants submit a covered swap for clearing by a derivatives clearing organization..…more

The Oman Update - Official Gazette 1167

Sultani Decrees - Sultani Decree No. 48/2016 - Establishing the National Training Fund and issuing its Regulations. Enacted on 17 October 2016. Effective from the enactment date…more

Intellectual Ventures I LLC v. Symantec Corp. -- Judge Mayer on the First Amendment

Decided September 30th, this Federal Circuit case is already making waves. The majority opinion seems to be at tension with the Court's outcome in BASCOM Glob. Internet Servs., Inc. v. AT&T Mobility LLC, but the real attention-grabber…more

"Third View" of Bare Metal Defense in Asbestos Litigation Further Complicates Applicability

The United States District Court for the Eastern District of Louisiana recently issued an opinion in Bell v. Foster Wheeler Energy Corp., CV-15-6394, Africk, L., 2016 U.S. Dist. LEXIS 137547 (E.D. La. Oct. 4, 2016) that enunciates what…more

Why after-hours social media posts can still spell on-the-job trouble

Many people think that only teenagers and twentysomethings are using Facebook, Twitter, Instagram, Snapchat, Pinterest, LinkedIn and Google Plus to interact with others. Not so…more

Pay Ratio Disclosure Guidance from the SEC (and a Reminder)

As everyone knows by now, the SEC adopted new pay ratio disclosure rules in August 2015. The good news back then was that the rules are effective for compensation during the first fiscal year beginning on or after January 1, 2017. For…more

Contractor Blacklisting Rule Enjoined at the Last Minute

On October 24, 2016, a Texas judge issued a preliminary injunction in a case challenging the so-called contractor blacklisting rules, which were scheduled to take effect today, October 25. The final regulations, which the U.S…more

DHS to Increase Filing Fees Effective 12/23/2016

Effective December 23, 2016, the Department of Homeland Security (DHS) will be adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS). DHS has not…more

Texas Judge Clarifies Scope of Transgender Guidance Injunction; Feds Appeal to 5th Circuit

We have been tracking the development of litigation concerning rights, obligations, and duties with regard to transgender students as cases unfold across the country. Earlier this summer, Texas and twelve other states challenged…more

EU Market Abuse Regulation - Market Soundings Safe Harbour: Compliance and Record Requirements

The EU Regulation on Market Abuse (“MAR”) prohibits a person from unlawfully disclosing inside information relating to securities within the scope of the legislation. An unlawful disclosure is made when a person possesses inside…more

It’s Foreseeable That More Species Will Be Listed Under the ESA Due to Climate Change

The drumbeat of cases, either approving agency action under the ESA – or reversing agency refusal to act – due to habitat alteration resulting from climate change continues to grow. In February, the 9th Circuit reversed a district…more

A Win for Federal Contractors, Court Temporarily Enjoins Enforcement of Key "Blacklisting" Rule Provisions

Late in the day on Monday October 24, 2016, a U.S. District Court Judge for the Eastern District of Texas granted a preliminary injunction against implementation of major and contentious provisions of the Fair Pay and Safe Workplaces…more

Renewable Energy Update - October 2016 #3

Renewable Energy Focus - Ports plan for future zero-emission goal with cleaner, safer energy - Long Beach Press-Telegram - Oct 18 - After years of pressure from environmental groups and the community to become…more

FinTech Developments: Financial Services Innovation Bill Introduced

In September 2016, Representative Patrick McHenry (R-NC) introduced H.R. 6118, the “Financial Services Innovation Act of 2016” (“FSIA”). FSIA is intended to encourage the development of financial products and services by FinTech…more

The Location of Old McDonald’s Beehives Are Trade Secrets: Database Showing “Realistically” Ascertainable Locations Entitled to Protection

To qualify as a trade secret under either the UTSA or the DTSA, the information in question must not be “readily ascertainable” through “proper means.” But what does “readily ascertainable” mean?  If information is ascertainable by the…more

NAIC Long-Term Care Innovation Subgroup Public Hearing

At the NAIC Summer 2016 National Meeting, the Long-Term Care Innovation (B) Subgroup held a public hearing as part of an initiative to address the challenges facing the private LTC market. With baby boomers retiring at a rate of 10,000…more

Insurer Liable for Mandatory Double Damages for Failure to Reimburse a Medicare Advantage Organization for Medicare Benefits It Paid to Tort Victim

Humana Medical Plan, Inc. v Western Heritage Insurance Company ____ F.3d ____ 2016 WL 4169120 (11th Circuit, August 8, 2016) - The federal Medicare and Medicaid Acts have been called “among the most completely impenetrable texts…more

White House Announces New Privacy Officer

Last week, the Office of Management and Budget created a new dedicated position for privacy within the Office of Information and Regulatory Affairs (“OIRA”). The privacy position will streamline the United States Government’s privacy…more

Owner/Trustee of 401(k) Plan Accused of Having Eyes Wide Shut on Fiduciary Duties

Last June I blogged about the trend of participant fee class actions moving down to smaller 401(k) Plans. Occasionally, class actions are brought based on other breaches of fiduciary duties, particularly those involving significant…more

Tennessee Health Services and Facilities Report: October 2016 Newsletter

The Tennessee Health Services and Development Agency (HSDA) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (CON) is a permit for the establishment or…more

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I am a Professor of Law at Indiana University Maurer School of Law where I teach a variety of courses, including Business Associations, Business Planning, Project Management, Law Firms as a Business…

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