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[Video]Day 21 of 30 Days to a Better Compliance Program-the Board of Directors Compliance Committee

The Compliance Oversight Committee sits between the CCO and the Board’s compliance committee. The role of this Compliance Oversight Committee is to provide oversight and review of items such as third party approvals and renewals…more

NY Court of Appeals Clarifies What May Constitute a Binding Agreement in the Sale of Syndicated Loans

A unanimous New York Court of Appeals recently held that the acceptance of an auction bid for the sale of a syndicated loan may constitute a final and binding trade, even if there is language indicating that the agreement is “subject…more

2017 Automotive Forecasts Unveiled During Detroit Auto Show Week

It is “Auto Show” week in Detroit, as the city hosts the 2017 North American International Auto Show. This week includes press unveils of new and updated models, the latest mobility technologies at the AutoMobili-D pavilion, the…more

Defence & Indemnity - December 2016: II. LIABILITY ISSUES

New privacy torts of intrusion upon seclusion and public disclosure of private facts were supported in Canada. R. v. John Doe, 2016 FCA 191, per Ryer J.A, Boivin J.A. and De Montigny J.A…more

Fenwick Employment Brief

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and beyond. Fair Pay…more

2017-18 New York State Executive Budget Released by Governor Cuomo

On January 17, 2017, New York State Governor Andrew M. Cuomo released his 2017-2018 Executive Budget. It contains several potentially important tax proposals, including the following..…more

Second Circuit Reverses Marblegate Decision

Trust Indenture Act Section 316(b) Limited to Actual Amendments to An Indenture’s Core Terms - Seyfarth Synopsis: On January 17, 2017, in a 2-1 decision in Marblegate Asset Management, LLC v. Education Management Finance Corp.…more

Renewable Energy Update - January 2017 #3

Renewable Energy Focus - Study reports climate policies provide $13 billion in economic benefits to San Joaquin Valley - Los Angeles Times - Jan 18 - As California lawmakers prepare for another round of debating…more

Obama Administration Eases Sanctions on Sudan

On January 13, 2017, the Treasury Department, citing an executive order issued by President Obama on the same day, announced the issuance of a general license, effectively lifting most sanctions against Sudan. The general license…more

FTC Announces New Thresholds for 2017

As required by the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), on January 19, 2017, the Federal Trade Commission (FTC) released its annual adjustments to the reporting thresholds. The key number to remember is…more

21st Century Cures: A Closer Look

On December 7, 2016, the US Congress enacted the 21st Century Cures Act, substantial legislation intended to accelerate “discovery, development and delivery” of medical therapies by encouraging biomedical research investment…more

FDA Issues Discussion Paper on LDTs

Following its recent announcement that it would not finalize its 2014 draft guidance on laboratory developed tests (“LDTs”), the U.S. Food and Drug Administration (“FDA”) issued a Discussion Paper on Laboratory Developed Tests…more

[Video]This Week in FCPA-Episode 36-Jeff Bagwell in the Hall of Fame edition

Show Notes for Episode 36, week ending January 20, the Jeff Bagwell in the Hall of Fame edition: 1. Jeff Bagwell admitted into the Hall of Fame. 2. Rolls Royce-stunning $800MM global settlement, including resolutions with the UK…more

The Redemption 'Make Whole' Remedy Controversy – An Easy Fix

The new year has brought an unexpected controversy in an otherwise very issuer-friendly high yield bond market, one involving limiting the available remedies following default that were expanded in last year’s decision by the Southern…more

This Year’s Top Ten IP Cases

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under Section 289…more

The (Hopefully) Short, Costly Life of President Obama’s Executive Orders

For companies frustrated with the increasingly complex and burdensome compliance obligations imposed on government contractors, the elimination of some or all of the burdensome rules, which are both expensive and distinct from…more

SEC Continues Crackdown on Employer Whistleblower Restrictions

Takeaways: - SEC is targeting contract terms that appear to restrict contact with the SEC or require employee whistleblowers to waive monetary recoveries. - Express disclosure of these rights in severance agreements is…more

New Regulation Setting Federal Agency Website Standard Published, Setting Compliance Deadline

Seyfarth Synopsis: Final Rule Setting WCAG 2.0 AA as the Federal Agency Website Standard Published in Federal Register, Triggering Compliance Deadline of January 18, 2018…more

OTA & Travel Distribution Update – Jan. 6th, 2017

Our first client OTA & Travel Distribution Update for 2017 is below. Not a lot to report this week, so we will keep the Update short…more

Peer-to-Peer Lending Regulation Released by OJK

In light of the rapid development of peer-to-peer (P2P) lending using information technology (IT) ("P2P Lending") in Indonesia, on 28 December 20161 the Indonesian Financial Services Authority ("OJK") enacted OJK Regulation No…more

Kazakhstan Ordered to Pay $506 Million for Crude Expropriation of Oil and Gas Investments

In a case that highlights both that governments are not above the rule of law and that it is difficult to swiftly enforce arbitral awards, a Swedish appeals court, on December 12, 2016, upheld a $506 million award against Kazakhstan…more

Summary of FERC Meeting Agenda for January 19, 2017

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 19, 2017 meeting, pursuant to the agenda as issued on January 12, 2017. Agenda items E-3, E-4, E-5, E-6, C-1, and C-2 have not been…more

"UK Prime Minister Outlines Objectives for Exiting the EU"

On January 17, 2017, UK Prime Minister Theresa May delivered a speech in London outlining the government’s objectives for exiting the European Union (EU). She set out a “Plan for Britain”, including 12 priorities for the negotiations…more

Commodity Trading System and Method are Patent Eligible Subject Matter Under 101

In Trading Technologies International, Inc. v. CQG, Inc., CQG LLC, FKA CQGT, LLC., [2016-1616] (January 18, 2017), the Court of Appeals for the Federal Circuit (CAFC) affirmed a lower court’s holding that the claims of U.S. Patent No…more

From ESA to Keystone to EPA, Changes Coming Fast

Few things are certain leading up to Donald Trump’s presidency. But there is no question that environmental and energy policy will take center stage in the days – perhaps hours – following his inauguration…more

UPC Targets December 2017 Launch

The Preparatory Committee for the European Unified Patent Court (UPC) has indicated its intention that the UPC will become operational and the UPC Agreement will come into force in December 2017…more

Property Tax & Valuation Topics: Winter 2017

On September 30, 2016, the Connecticut Supreme Court heard oral argument in Nutmeg Housing Development Corp. v. Colchester. On the face of it, the ad valorem valuation of a garden variety property in the suburbanizing Town of…more

Gavel to Gavel: Social media – pitfalls and practicalities

Recent statistics indicate most adults who use the Internet use social networking sites and at least half of the employees in the global workforce have posted online messages, photos or videos about their employer. As such, it’s…more

Delaware Supreme Court Confirms that Dilution Claims Typically Are Derivative and Are Extinguished After a Merger

Stockholder claims alleging wrongful dilution are typically considered to be derivative in nature. Several decisions out of Delaware, however, have created exceptions to this general rule allowing stockholders to sue directly (rather…more

Trade Issues for Asia Business in 2017: A Look Beyond Headlines at TPP’s Demise and Emerging RCEP Trade Agreement

Press coverage about trade in Asia after the election of Donald Trump predominantly has framed a narrative that China stands to benefit from the demise of the U.S.-led Trans-Pacific Partnership (TPP) at the expense of the U.S., as the…more

The Next Big Thing After The Fiduciary Rule? I have some guesses

With the fiduciary rule coming down the pike in April, people ask me what the next big thing to shake up the retirement plan industry will be. I’m no soothsayer, but I think there will be a couple of areas that the Department of Labor…more

DOJ and FTC Release Updated Antitrust Guidelines for International Enforcement and Cooperation

On January 13, 2017, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (the “Agencies”) issued updated Antitrust Guidelines for International Enforcement and Cooperation (“International Guidelines” or…more

Joint Legal Decision Making Must Parental Addresses be Disclosed?

A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision and it is…more

Reservation of Rights Requirements Adopted by South Carolina Supreme Court

The South Carolina Supreme Court’s recent decision in Harleysville Group Insurance v. Heritage Communities, Inc., Appellate Case Nos. 2013-001281 and 2013-001291, 2017 WL 105021 (S.C. Jan. 11, 2017) affirms what is and is not covered…more

Rules and regulations followed in criminal cases

It is important for any accused in any criminal case to understand what his rights are in criminal sessions and to be able to at least imagine how things might work in such sessions or how the law is organized. That is why, I felt it…more

Perspectives for the Professions: Joint Submissions on Sanction: The Supreme Court of Canada Clarifies the Amount of Deference that Should be Given

In a previous article, we discussed a discipline tribunal’s role in considering joint submissions on sanction; namely, a discipline tribunal has the discretion to accept or reject a joint submission. Previous courts adopted principles…more

Antitrust Enforcers At It Again: More HSR Actions Against Individuals Announced

In a trend that is sure to continue no matter the policy leanings of the incoming Trump administration, the Federal Trade Commission (FTC) announced this week that it has obtained nearly $1 million in civil penalties for two violations…more

DOJ and FTC Release New Antitrust Guidelines for International Enforcement and Cooperation

On Friday, January 13, 2017, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released the new Antitrust Guidelines for International Enforcement and Cooperation. These guidelines were jointly developed by the…more

Alabama CON Report

I. Certificate of Need Program - A. AL2016-035, Bio-Medical Applications of Alabama, Inc. d/b/a - Fresenius Kidney Care Hope Hull, Montgomery, AL: Proposes to construct and operate a new End Stage Renal Disease Dialysis…more

Swart's Athwart California's Taxation of Out-of-State Corporations

The California Franchise Tax Board (“FTB”) started 2017 with a setback as the Court of Appeal for the Fifth Appellate District held in Swart Enterprises, Inc. v. Franchise Tax Board that the FTB could not impose California’s annual…more

The Last of Obama-Era CFPB Enforcement?

Making the most of its enforcement powers before the new administration takes over, and likely concerned that its days as a stand-alone bureau may be coming to an end, the Consumer Financial Protection Bureau (CFPB) took action against…more

Third Circuit Plays the “Top Fifty” Hits, Allows ADEA Claim for Employees Fifty and Over

Seyfarth Synopsis: The Third Circuit has shaken up long-standing precedent and created a split among the circuits, such that now employers should not only evaluate its employment decisions for the effect on individuals over forty and…more

FTC Announces Annual Revision to HSR Jurisdictional Thresholds

The Federal Trade Commission (FTC) announced on January 19, 2017 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). The FTC…more

Two New Sets of DOL Fiduciary Rule FAQs

DOL releases additional guidance on fiduciary rule in the waning days of the Obama administration. The US Department of Labor (DOL) has released two new sets of frequently-asked-questions (FAQs) regarding the conflict of interest…more

The Securities Law Crystal Ball

At the beginning of each new year, we find ourselves engaged in discussions of the evolving securities regulatory landscape and the changes that we anticipate may occur. We have done this for many years now. Each January we also begin…more

FDA Takes Action in the Last Days of the Obama Administration to Clarify Some of Its Views on Off-Label Communications

In the last few days of the Obama Administration, the Food and Drug Administration (FDA or the Agency) issued a number of documents with implications for manufacturer communications with health care practitioners and payors. This…more

Who Decides Whether Bankruptcy Jurisdiction Exists after Removal from State Court?

Imagine that while a bankruptcy case is pending, the debtor-in-possession or bankruptcy trustee files a state law claim against one of the estate’s creditors. Presumably, if the debtor wins its state law claim, that recovery augments…more

Department of Mineral Resources faces heavy criticism by South African courts again

On 4 November 2016, the Labour Court handed down its judgment (unreported case number J2459/16) in the matter between AngloGold Ashanti Limited, the Acting Chief Inspector, the relevant Principal Inspector, and the Inspector that…more

SkyPan and FAA Settle UAS Enforcement Cases

SkyPan International, Inc. (SkyPan), based in Chicago, and the Federal Aviation Administration (FAA) agreed upon a comprehensive settlement to resolve the enforcement cases where the FAA alleged that the SkyPan operated unmanned…more

Annual HSR Merger Notification Threshold Adjustments Announced

On January 19, the Federal Trade Commission (FTC) announced the annual changes to the thresholds of the Hart-Scott-Rodino Antitrust Improvements Act (the HSR Act). These thresholds are adjusted annually based on changes in the U.S…more

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