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CMS Finalizes MACRA Rule and Continues Transition Toward Value-based Payments

On October 14, 2016, the Centers for Medicare and Medicaid Services (CMS) released a final rule with comment period (Final Rule) implementing the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The Final Rule overhauls…more

SEC Adopts Changes to Rules 147 and 505

Changes Reflect Adoption of Intrastate Crowdfunding and Increased Usage of Private Offerings Under Regulation D The Securities and Exchange Commission (SEC) on October 26, 2016 voted to update Rules 147 and 504…more

Employees Unlawfully Disciplined for In-Store Protest, Labor Board Decides

Six employees who stopped work and engaged in an in-store protest over their alleged mistreatment by a supervisor and to secure permanent jobs for temporary employees were unlawfully disciplined, the National Labor Relations Board has…more

UK Tribunal Allows Expatriate to Bring Claims in the UK

In Jeffrey v. The British Council 2016, the Employment Appeal Tribunal (“EAT”) ruled that an employee who had an “exceptional degree of connection” with the United Kingdom could bring claims in the UK even though he had been working…more

The Clock is Ticking for the “De Minimus” Time Doctrine

With briefs due next week, we anxiously await the California Supreme Court’s review of the de minimus doctrine in Troester v. Starbucks Corporation. Under the doctrine, employers are not obligated to pay employees for small increments…more

Eleventh Circuit Affirms That a Debtor’s Surrender in Bankruptcy Means Just That-You Must Surrender

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, — F.3d — (2016), the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to…more

China tightens regulations for vaccine distribution and issues new product registration measures

In the wake of a case of illegal trading of vaccines that implicated more than 300 people, ranging from businesses operating without proper licenses to hospital personnel, China's State Council has released amendments to the…more

The SEC’s Proposed Universal Proxy Rule: Beneficial to Shareholders or Tilting the Result toward Activist Investors?

Under current law and practice, a shareholder of a public company that is asked to vote in a contested election of directors where a slate of directors had been proposed by the company and an activist investor would likely receive two…more

Legal update on the renewable energy sector in Norway

The Norwegian power industry is rapidly changing as the market transits from a reliance on fossil fuel to renewable energy projects. Although energy prices currently are low compared to earlier years, there is heavy demand from foreign…more

Loi Travail : le principe de neutralité en enterprise

Since August 10, 2016, the rules may provide for restriction of the protest by employees of convictions under the principle of neutrality. The Labour Law provides that henceforth the rules may contain provisions enshrining the…more

Malware Attacks Against Healthcare Sector Rose 67 percent in Q3 of 2016

The NTT Security Q3 Quarterly Threat Intelligence Report states that the healthcare industry is the fifth most targeted industry for ransomware (behind financial services, retail, manufacturing and technology) for all cyber attacks…more

Two Roads Diverged in a Yellow Wood… and I took the Smooth, Safe Path

Robert Frost’s The Road Not Taken is a great American poem about choices. In the poem, the fork where the two roads diverge provides no indication which path is the better path to travel. In life and law, sometimes the better path is…more

New Clinical Trial Rule Alters Reporting Requirements

New federal requirements for posting of clinical trials information address how data collected in clinical trials are submitted for public consumption. The requirements were revealed on Sept. 16 when the Department of Health and Human…more

FDA Examining Role of Hospitals in Medical Device Surveillance

On October 25, 2016, FDA announced an upcoming public workshop entitled, “The Role of Hospitals in Modernizing Evidence Generation for Device Evaluation: Harnessing the Digital Revolution for Surveillance.”…more

Luxembourg Real Estate - Tax and Legal Developments

This brief report provides a summary of the most recent Luxembourg tax developments that currently affect and will be affecting real estate practitioners throughout 2017…more

FCPA Enforcement Action Highlights Risks for the Financial Services Industry and Individual Executives

New York-based hedge fund Och-Ziff Capital Management Group (the “Hedge Fund”) agreed to pay approximately $412 million to resolve charges brought by the U.S. Securities and Exchange Commission (“SEC”) and Department of Justice (“DOJ”)…more

Countries at a Glance: Italy - 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. The risk of employee claims for…more

IRS Annual Limits on Qualified Plans for 2017

IRS Annual Limits on Qualified Plans for 2017 On October 27, 2016, the Internal Revenue Service released the 2017 cost of living adjustments affecting dollar limits on benefits and contributions under qualified retirement plans and…more

Video Game Patents Are In “Deathmatch” Mode

In 2014, the United States Supreme Court issued its decision in Alice Corp. v. CLS Bank, Inc. While the decision is long and convoluted, the Alice decision effectively narrowed the scope of patentable subject matter by holding that…more

Final Report on Investment and Corporate Banking Market Study Published by UK Regulator 

The Financial Conduct Authority published its final report on the investment and corporate banking market study. The focus of the study was on primary market activities in the UK, including equity capital markets, debt capital markets…more

Your Daily Dose of Financial News

Qualcomm is reportedly set to acquire NXP Semiconductors for just shy of $40 billion in a deal that would help Qualcomm move beyond smartphone chips and into the broader internet of things…more

FAQ About California’s New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a condition of…more

ISS Launches 2017 ISS Benchmark Policy Comment Period

ISS announced the launch of its 2017 benchmark voting policy consultation period. The open comment period, which will solicit views from governance stakeholders globally on certain proposed voting policies for 2017, will run through…more

Amgen: Unlikely to Launch Amjevita® Biosimilar Before 2018

At yesterday’s earnings call for Q3 2016, Amgen indicated that, due to its ongoing litigation with AbbVie, Amgen is unlikely to launch Amjevita® (adalimumab-atto), its FDA-approved biosimilar of Humira®, before 2018. Amgen Chairman…more

Data Breach Decision Points: Part 4

The best way for a company to handle a data breach is to be prepared. As we discuss in our data breach readiness handbook, preparation includes, among other things, drafting an incident response plan, reviewing cyber-insurance…more

Likelihood of “Initial Interest” Confusion Powers The University of Houston to Preliminary Injunction Win in Law School Name Battle

On June 22, 2016, the South Texas College of Law announced that it was changing its name to Houston College of Law. This seems like a natural choice, as the school is based in Houston and is a stand-alone institution not affiliated…more

Lyft Obtains Dismissal Of FCRA Class Action

Lyft, the ride-sharing service, recently obtained dismissal of a putative class alleging that it violated the Fair Credit Reporting Act (“FCRA”) when obtaining background checks on its drivers. See Nokchan v. Lyft, Inc., No…more

FERC Proposes Changes to Interstate Oil Pipeline Index Ratemaking and Cost and Revenue Reporting

The Federal Energy Regulatory Commission (FERC) has issued an Advance Notice of Proposed Rulemaking (ANOPR). This ANOPR is seeking comments on potential changes to FERC’s policies for evaluating interstate oil pipeline indexed rate…more

CFPB sending HMDA warning letters

The CFPB announced that it is issuing warning letters to 44 mortgage lenders and mortgage brokers stating that it “has information that appears to show that your company may not be in compliance with certain provisions of the Home…more

A New Chapter in the Cybersecurity? Is there a Role for Active Deterrence?

In the 1969 film Butch Cassidy and the Sundance Kid, after Butch and Sundance rob Union Pacific Railroad (“Union Pacific”) the first time, Union Pacific employs a stronger safe. After Butch and Sundance rob Union Pacific a second…more

Ukraine's decree on application of special sanctions (Ukrainian)

On 17 October 2016, the President of Ukraine signed Decree No. 467/2016 on the application of special sanctions…more

Ukraine's decree on application of special sanctions

On 17 October 2016, the President of Ukraine signed Decree No. 467/2016 on the application of special sanctions…more

European Commission Reports on Reporting Obligations under the Credit Rating Agencies Regulation 

The European Commission published a report on reporting obligations under the Credit Rating Agencies Regulation. The Report reviewed references to external credit ratings in EU legislation and in private contracts among financial…more

Connecticut Finally Adopts New Building Code Effective October 1, 2016

After a public comment period ending this past August, the Connecticut Codes and Standards Committee voted to accept the proposed 2016 State Building Code and 2016 State Fire Safety Code. The new code replaces the 2005 State Building…more

Employee Sports Gambling: Workplace Policies and Guidance For In-House Counsel

Sports fans have long looked for ways to be a part of the action. The co-owner of the Oakland Raiders developed a fantasy golf game back in the 1950s. In the 1980s, journalist Daniel Okrent created “Rotisserie” League Baseball, named…more

Do Senior Drivers Cause More Accidents?

Recently, a Chinese tourist was struck and killed in a pedestrian accident near the beach. The driver was an 85-year-old man who veered off the road and hit the man who was walking on the sidewalk. The car landed on its roof in a…more

DOJ and FTC Issue Guidance and Announce Policy Shift Regarding Antitrust Challenges to Hiring and Compensation Decisions

The U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resources Professionals on October 20, 2016. The guidance addresses the applicability of antitrust…more

FCC Orders Far-Reaching New Privacy and Data Security Rules

As expected, the Federal Communications Commission (FCC) has handed down sweeping new privacy and security rules for Internet service providers (ISPs). On Thursday, October 27, 2016, a sharply divided commission voted to enact these…more

SEC Curious About Mutual Fund Unicorns

The Securities and Exchange Commission (SEC) staff has reportedly been asking mutual funds how they value their investments in “unicorns” – i.e., dynamic pre-IPO companies with market capitalization exceeding $1 billion, and shares…more

Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to pursue injunctive relief, and granted summary judgment for defendant Twinings.  The…more

The City of Brotherly Love is Showing Love to Persons with Disabilities Under the ADA, but not to Lyft or Uber

From coast to coast, Uber and Lyft have come under increasing fire from disability rights organizations and have faced litigation because their ride share practices allegedly discriminate against persons with disabilities. Federal…more

Massachusetts next generation solar incentive

The Massachusetts Department of Energy Resources is developing a new solar incentive program. DOER released its proposal for the next generation of solar incentives on September 23, 2016…more

Alert: FCC Adopts Much-Anticipated Broadband Privacy Rules

As expected, today the FCC adopted new privacy rules for broadband providers. Based on the information provided at the FCC's open meeting and in its press release and fact sheet, the new rules follow the general outline of the proposal…more

What is “voluntary”? Thoughts about the AARP wellness lawsuit against the EEOC

The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who’ve been sued recently in an effort to stop their regulations from taking effect. We have the two lawsuits against the U.S…more

IRS Announces Year 2017 Retirement Plan Limits

On October 27, 2016, the Internal Revenue Service (“IRS”) announced the following dollar limits applicable to tax-qualified plans for 2017: - The limit on the maximum amount of elective contributions that a person may make to a…more

EEOC Issues Updated Strategic Enforcement Plan for 2017-2021

On Monday, October 17, 2016, the Equal Employment Opportunity Commission ("EEOC") issued its updated Strategic Enforcement Plan ("SEP") for 2017-2021. The SEP identifies the following six priorities: - 1. Eliminating barriers in…more

Gone For Good: Federal Court Denies Arbitration Opportunity

A recent decision from the United States District Court for the Southern District of Florida is a reminder that if a litigant intends to enforce its contractual arbitration provision, the issue must be raised at an early opportunity…more

When "One and the Same" Means "One and the Same" for Western Australian Long Service Leave

Over the last 40 years the Australian workforce has gradually become more and more mobile. Whilst employees may remain with the same group of employers, it is not unusual for employees to move between group companies and related…more

It’s Official: The FCC Has Adopted New Privacy and Security Rules for ISPs Following a 3-2 Vote Along Partisan Lines

Today, the FCC formally adopted on a 3-2 party-line vote an order that enacts a new privacy and security regime for Internet service providers (ISPs). While it may be several days before the official order and the text of the rules is…more

Foreign Entrepreneurs Series: Part 3 – U.S. Tax Considerations and Planning

This is the third part of our foreign entrepreneurs series. Previously, we discussed the visa options available to foreign entrepreneurs and the importance of making immigration analysis a first-step in the startup process. In this…more

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Contributor Spotlight

Richard Bistrong is the CEO of Front-Line Anti-Bribery LLC, a consultancy focused on real-world anti-bribery compliance, training, and initiatives. Richard spent much of his career as an…

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