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Bad System Conversion Leads to CFPB Consent Order for Prepaid Card Provider and its Vendor

The CFPB continues to flex its muscle and expand its reach, this time punishing a prepaid card provider and its vendor for a conversion to a new system that did not go as planned. The consent order, which was entered into without any…more

Want to Know Why Memorial Healthcare Systems Is Paying HHS OCR $5.5 Million?

On February 16, 2017, HHS OCR announced that Memorial Healthcare Systems (MHS) had paid the U.S. Department of Health and Human Services (HHS) $5.5 million to settle potential violations of HIPAA’s Privacy and Security Rules and agreed…more

Noodle This! The Yin and Yang of Two Courts, Two Antitrust Cases, Two Class Certification Motions, Two Daubert Challenges, Two Opposite Results, One Day Apart

Noodle this: Two significant orders on class certification in antitrust matters issued last week. Both were heavily influenced by the threshold determination of Daubert challenges to the plaintiffs’ expert evidence. In one court, the…more

SEC and North American Securities Administrators Association Sign Information-Sharing Agreement

On February 17, 2017, the Securities and Exchange Commission (SEC) and the North America Securities Administrators Association (NASAA) entered into an information-sharing agreement in connection with intrastate crowdfunding and…more

New DOJ Evaluation – Valuable Document for the Compliance Practitioner: Part I

I guess Matt Kelly cannot leave his journalist roots for it was he who broke the story within the greater compliance community that the Department of Justice (DOJ) very quietly released a document, entitled “Evaluation of Corporate…more

An Oppression How-To: Revoke Employment, Profit Sharing and Control

An earlier post on this blog, examining a post-trial decision in Matter of Digeser v Flach, 2015 NY Slip Op 51609(U) [Sup Ct Albany County Nov. 5, 2015], described the minority shareholder’s dissolution claim under Section 1104-a of…more

Cybersecurity Threats for Treasury & Payment Management Systems Report Released

Pactera Technologies N.A., Inc. [www.Pactera.com] has released the report “Cybersecurity Threats for Treasury & Payment Management Systems: Six Things you Should Know to Manage Them.” It is easy to understand and pertinent…more

Security interests in the UK Capacity Market: new rules

Lenders and capacity providers in the UK’s Capacity Market will want to take note of new procedures introduced by National Grid in its role as the Capacity Market’s Delivery Body. The Capacity Market aims to incentivise investment…more

The U.S.-EU Covered Agreement: Different Assessments By Different Audiences

On January 13, 2017, the week before the inauguration of President Trump, the U.S. Department of Treasury and the Office of the U.S. Trade Representative announced that the negotiations between the full text of the agreement (“the…more

Your Daily Dose of Financial News

We learned about KraftHeinz’s offer to merge with Unilever only after it had been rejected. And now it appears to be off the table completely—all $143 billion of it…more

CMS, IRS Address Affordable Care Act Issues in Transition

The Centers for Medicare and Medicaid Services (CMS) and the IRS have each published guidance on matters arising under the Affordable Care Act (ACA). It is too early to tell whether these measures—some of the first guidance published…more

Projects and Energy Weekly Snippets

Exponential increase in the number of power generation projects - The African continent’s large energy deficit has resulted in an exponential increase in the number of power generation projects – both planned and implemented – as…more

Hold Your Horse Carriage Daubert Hasnt Gone Anywhere Yet

Florida courts, lawyers and litigants have been addressing the admission of expert testimony under the Daubert standard since 2013. There have been countless appellate and state court rulings, as well as memoranda, analyzing and…more

MBC Disciplinary Guidelines Relieve Licensees of Onerous Probation Condition

On February 3, 2017, the Medical Board of California (MBC) published the much-anticipated 12th Edition of its Manual of Model Disciplinary Orders and Disciplinary Guidelines (Guidelines).  Drafts of this latest edition had been…more

Renewable Energy Update - February 2017 #3

Renewable Energy Focus - California demand for wind power energizes transmission firms - Reuters - Feb 15 - A firm controlled by Philip Anschutz, the billionaire entertainment and pro sports magnate, will soon…more

United States Challenges China’s Aluminum Subsidies at the WTO

On January 12, the United States filed a request for consultations at the World Trade Organization (WTO) regarding the substantial subsidies that the Chinese government has been pouring into its primary aluminum industry from 2007 to…more

Presidents Day Patents

Thomas Jefferson is the president most closely associated with the patents, although Abraham Lincoln is the only president to actually receive a patent. President’s day was established in 1885 in recognition of President George…more

TCPA Connect - February 2017

Case Not Moot Even After Rule 67 Funds Deposited - Is a Telephone Consumer Protection Act class action moot where a defendant actually deposits sufficient funds with the court to satisfy a plaintiff’s claim pursuant to Federal…more

The Uncertain Legal Future of Wine Direct Shipping by the Retail Tier

The Supreme Court of the United States’ 2005 decision in Granholm v. Heald, which required states allowing their own wineries to direct-ship to consumers to also grant such privileges to out-of-state wineries, marked the beginning of a…more

FDA Hardens Its Stance on Intended Use and Off-Label Use and Industry Responds

From 2015 to 2016, FDA appeared to open the door to loosening the standards around intended use and off-label use, but recent rule-making and public comments suggest that FDA is becoming more sclerotic instead of flexible. However…more

Mayor of District of Columbia Permits Universal Paid Leave Amendment

The Act, if it becomes law, would be one of the most generous paid leave laws in the nation. On December 20, 2016, the Council of the District of Columbia (Council) passed the Universal Paid Leave Amendment Act of 2016 (Act) by a…more

As a plan provider, make sure there are security processes in place

As a retirement plan provider, you have something to do with the retirement plan assets and may have some access to it as a third party administrator (TPA) or financial advisor..…more

Will lawmakers on break get an earful over GOP’s outline for Trumpcare?

Members of Congress are home in their districts for a week-long break, and many lawmakers are expected to get an earful from voters upset over many issues at the start of the Trump Administration, especially this: What the heck’s going…more

Why are more companies staying private?

Because they can…. This was the conclusion of the discussion at the SEC Advisory Committee on Small and Emerging Companies earlier in the week. The Committee discussed statistics relating to the number of companies that are…more

The ReSET – Game On!

Rethinking How We Sell. This past month, we explored the challenges of perfecting your elevator speech and getting that next meeting. And the final column of the year struggled with how to make a business relationship more than the…more

The Bribery Act and Management of Commercial Intermediaries

Omani companies with UK shareholders (whether minority or majority) could be forgiven for believing that the UK Bribery Act 2010 (the Act) does not apply to their operations in the Sultanate of Oman. However, two recent cases have…more

Building a Favorable Project Record During Construction Disputes

The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are available to provide first-hand accounts—which often is challenging after…more

Major Effects of Revised Common Rule on Regulation of Clinical Research in New York

On January 19, 2017, the U.S. Department of Health and Human Services (HHS), together with 15 other federal Departments and Agencies, issued a final rule to revise and modernize the federal Policy for the Protection of Human Subjects…more

UK Regulator Takes Enforcement Action Against Firms for Failing to be Open and Cooperative

The Prudential Regulation Authority fined The Bank of Tokyo Mitsubishi UFJ Ltd and MUFG Securities EMEA plc for failing to be open and cooperative with the PRA about an enforcement action into BTMU by the New York Department of…more

PTAB Grants Apotex’s Petition for IPR on Amgen’s Neulasta (Pegfilgrastim) Patent

The Patent Trial and Appeal Board has granted Apotex’s petition for inter partes review of Amgen’s U.S. Patent 8,952,138, finding that Apotex has a reasonable likelihood in prevailing in its assertions that claims 1-24 are obvious over…more

Florida AG Enters $8 Million Consent Order with Loan Service and Referral Companies

On February 14, 2017, the Florida Attorney General’s Office (Florida AG) announced that it had entered into three consent judgments and one settlement with four affiliated loan service companies and their operators, resolving…more

BPCIA Litigation Roundup (Midwinter 2017)

Below is our midwinter update on the U.S. patent litigations concerning proposed or approved biosimilar products. For additional details, please consult our BPCIA Litigation Summary Chart or our previous quarterly updates (Summer 2016…more

New Jersey’s “New” Termination of Child Support Statute

On February 1, 2017, New Jersey’s “new” Termination of Child Support Statute went into effect. The new statute, N.J.S.A. 2A:17-56.67, which was signed into law on January 19, 2016 by Governor Christie, has potential to dramatically…more

Arizona Judge Finds Standing is a Must for Serial ADA Plaintiff, Dismisses More Than 1,100 Cases

An Arizona judge dismissed more than 1,100 lawsuits against Arizona businesses alleging that their parking lots are not accessible to persons with disabilities. Judge David M. Talamante rejected the plaintiffs’ argument that the…more

Guv Fends Off Trump Bashers as GOP Readies Medicaid Bomb for MA

It looks like Charlie Baker has for the time being thwarted the practitioners of outrage -- they who were demanding from him at least daily denunciations of President Trump, notwithstanding the Commonwealth’s serious-as-heroin…more

Wind Power Overtakes Coal in Europe

Last year, 86 % of the 24.5 GW of new generating capacity installed in the EU came from renewable energy sources, specifically from wind, solar, biomass and hydro, breaking the previous record of 79% in 2014. This new water mark makes…more

In Case You Missed It: Launch Links - February, 2017 #2

Some interesting links we found across the web this week: Independent Directors - At a recent QuickLaunch University event in Boston, our very own Josh Fox convened a panel on best practices for developing your company’s…more

Going Nuclear: New Jersey’s Last-Ditch Option for Legalizing Sports Betting

The U.S. Supreme Court’s recent invitation for the Solicitor General to weigh on New Jersey’s sports betting case may give new life to the Garden State’s efforts to expand its gambling portfolio. But in the event that the Court…more

Student Loan Debt Collector Settles with FTC for $700,000 Over Alleged FDCPA and FTC Act Violations

On February 14, 2017, the Federal Trade Commission (FTC) announced that it had entered into a stipulated order with a student loan debt collector, resolving allegations that the debt collector violated the Fair Debt Collection…more

Important Deadlines Loom For Landlords Under Portland Residential Renter Protection Ordinance

For a very limited time, residential landlords can rescind some pending Notices of Termination and Notices of Rent Increases that would otherwise trigger Relocation Assistance under Portland’s new Renter Protection Ordinance…more

Marketplace Shockwaves: Insurer Exits Leave Marketplaces Vulnerable

Early this month, Aetna announced that in 2018, it will not expand its Health Insurance Marketplace ("Marketplace" or "Exchange") coverage, and is evaluating whether it will completely pull out of the Marketplaces created by the…more

Currency Hedging Survives ESMA UCITS Share Class Cull

For the past two years, the European Securities and Markets Authority (“ESMA”), Europe’s main securities regulator, has had UCITS share classes in their sights. It has issued two discussion papers on the topic and has now finalised its…more

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion. The Court…more

Did You Forget to File Your ATI Exemption? You Can Still Lower Your Property Taxes

Property tax values in South Carolina are generally determined every five years through county-wide reassessments. Since property tax values are determined every five years (and subject to a 15% cap on increases under reassessments)…more

Just Because One Could Doesn’t Mean One Would

In Personal Web Technologies, LLC v. Apple, Inc., [2016-1174] (February 14, 2017), the Federal Circuit affirmed the Board’s claim construction but vacated the Board’s obviousness determination because the Board did not adequately…more

Final DFS Cybersecurity Regulation Issued

New York’s Department of Financial Services issued its final Cybersecurity Regulation last night with an effective date of March 1, 2017…more

“Patient Protection and Affordable Care Act; Market Stabilization” Proposed Rule

On February 15, 2017 the Centers for Medicare & Medicaid Services (CMS) released a proposed rule entitled, “Patient Protection and Affordable Care Act; Market Stabilization.” Excerpt - In general, the proposed rule is…more

Case Summary - PPG Industries, Inc. v. Valspar Sourcing, Inc.

In a non-precedential decision, the Federal Circuit found that appellant PPG had Article III standing to file an appeal from two inter partes reexaminations. However, the Court found that appellee Valspar’s subsequent “Covenant Not to…more

CMS Issues Proposed Rule to Increase Patients’ Health Insurance Choices for 2018

On February 17, 2017, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule aimed at reforming and stabilizing the individual and small group health insurance markets. When (or if) finalized, the proposed rule…more

Sustainable Development Update - February 2017 #2

Sustainable Development Focus - Building apartments near transit brings in more money for cities and counties - Greater Greater Washington - Feb 2 - In the Washington, DC region, apartments near train stops and bus…more

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