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Wrap-Up of Federal and State Chemical Regulatory Developments, January 2017

TSCA/FIFRA/IRIS/NTP/TRI - EPA Promulgates Final TSCA Reporting And Recordkeeping Rule For Nanoscale Materials: After over a decade of effort, the U.S. Environmental Protection Agency (EPA) issued on January 12, 2017, a final rule…more

Shelanski Vows No Regulatory Mess for Next Administration to Handle

The Administrator of the Office of Information and Regulatory Affairs (“OIRA”), Howard Shelanski, assures that the incoming Trump administration will find a tidy and smooth-sailing regulatory review process in place. OIRA, a branch of…more

Blog: FDA Issues Discussion Paper on Laboratory Developed Tests

The U.S. Food and Drug Administration (FDA) issued today a Discussion Paper on Laboratory Tests (LDTs). The Discussion Paper follows draft guidance issued by the FDA in 2014 (2014 Draft Guidance) and a stakeholder workshop held in 2015…more

ITC Issues Good Faith Offers for Adams-Spokane Line in Washington Township

ITC is seeking expanded vegetation management rights from property owners in Washington Township. ITC has issued numerous good faith offers to property owners in Washington Township. The offers, which are being received this week…more

Court Rejects TCPA Claims Based on Theory of Third-Party Liability

The U.S. District Court for the Northern District of West Virginia recently granted summary judgment for the defendant alarm manufacturers in In re Monitronics International, Inc. Telephone Consumer Protection Act Litigation…more

[Video]Patient Records Requests: What You Need to Know

Our guest on Healthcare Matters is Richard J. Rymond, an attorney at Reminger Co., LPA, who specializes in in medical, dental and other forms of professional, commercial and general liability. He is the Dental Liability Practice…more

PA Appellate Court Finds No Common Law Duty For Employer Handling Of Employee Info After Data Breach

The Pennsylvania Superior Court held yesterday in Dittman v. UPMC et al. that an employer owes no common law duty under a negligence theory to use reasonable care in the collection and storage of employee information and data. The…more

Agenda with Superficial Description Violated Brown Act but Related Land Use Initiative for a Walmart Store did not Violate California Constitution

On January 5, 2017, the Court of Appeal for the Fourth Appellate District partially published Hernandez v. Town of Apple Valley, __ Cal.App.5th __ (2016) (Case No. E063721). The published portion of the opinion addresses important…more

FCC Considers Investigation of 911 Mobile Device Apps

On December 19, 2016, the Federal Communications Commission’s (Commission) Public Safety and Homeland Security Bureau (Bureau) issued a Public Notice (Notice) seeking comment on a letter from the National Association of State 911…more

Time Waits for No One: OCR Announces First HIPAA Settlement for Lack of Timely Breach Notification

On Jan. 9, 2017, the Department of Health and Human Services Office for Civil Rights (“OCR”) announced the first HIPAA enforcement action for failure to timely report a breach. Often investigating and making formal determinations…more

Swiss-U.S. Privacy Shield Framework to Launch April 12

On January 11, 2017, the U.S. Department of Commerce, the Swiss Federal Council and the Swiss Federal Data Protection and Information Commissioner (FDPIC) issued press releases announcing that an agreement has been reached on a new…more

Employers Must Use New Form I-9 Starting January 22, 2017

U.S. Citizenship and Immigration Services (USCIS) recently updated the Employment Eligibility Verification Form I-9 to the edition dated November 14, 2016. Employers will be required to use the revised version of the form beginning…more

BREAKING DEVELOPMENT: Supreme Court to Rule on Enforceability of Class Action Waivers in Arbitration Agreements

In August of 2016, we reported that the Ninth Circuit created a deeper circuit-split on whether class action waivers in arbitration agreements violate the National Labor Relations Act (“NLRA”) with its decision in Morris v. Ernst &…more

3rd Circuit Validates Age Discrimination Subgroup Theory

On Jan. 10, 2017, the 3rd Circuit Court of Appeals held in Karlo v. Pittsburgh Glass Works, LLC, that the federal Age Discrimination in Employment Act (ADEA) permits “disparate impact” claims by subgroups of older workers even when…more

Defamation Law Series: Wisconsin Court of Appeals Affirms Dismissal of Firefighter Aaron Marjala’s Claim for Defamation

The Wisconsin Court of Appeals recently affirmed the trial court’s dismissal of firefighter Aaron Marjala’s claim for defamation against a news network, Robert Whitaker (chief of the fire department), television journalist Megyn Kelly…more

Tax Season Is in Full Swing: Beware of the W-2 Spear Phishing Scam

Last year we saw an unprecedented number of companies of all sizes fall victim to a W-2 spear phishing scam. The scam usually began with a “spoofing” email that appeared to have been sent by a company’s CEO or CFO to one or more…more

SCOTUS to Determine Enforceability of Class Action Waivers in Employment Contract Arbitration Clauses

The United States Supreme Court granted and consolidated three petitions for certiorari related to the validity of class action waiver clauses in employer/employee arbitration agreements. The Court has consolidated the petitions in…more

[Video]Day 15 of 30 Days to a Better Compliance Program-Post Training Evaluation

What if you want to take you post-training analysis to a higher level and begin to consider the effectiveness through your return on investment (ROI)? Joel Smith, the founder of Inhouse Owl, a training services provider, advocates…more

Missouri Church Wins Digital Sign Appeal

The Missouri Court of Appeals has ruled that the Kansas City, Missouri, Board of Adjustment abused its discretion in failing to grant a variance to Antioch Community Church (Church) to install digital components into its monument sign…more

Reform of corporate criminal liability for economic crime

On 13 January, the UK Ministry of Justice issued a Call for Evidence on the reform of corporate criminal liability for economic crime. This follows statements by the UK government in 2016 about extending corporate criminal liability…more

The Real Explanation for the Record Year for FCPA Enforcement

All the FCPA prognosticators, predictors and paparazzi have missed the boat on understanding what happened this year – 2016, to make this a record year in FCPA enforcement. As a former public servant for over 20 years, I am very…more

The Oft-Underappreciated Value of Intervening

Many contractors are familiar with post-award bid protests. Soon after receiving notification of award, the contracting officer may notify the awardee that a bid protest has been filed by a disappointed offeror at the Government…more

Boozelaw: TTB Adopts Changes Designed to Benefit Startup Brewers, Winemakers and Distillers

For certain brewers, wine makers and distillers, the gift-giving season did not necessarily end in December. The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently announced it has adopted changes that may impact the tax reporting…more

Supreme Court to Decide Class Action Waiver Issue

The Supreme Court issued an order today agreeing to hear three cases involving the National Labor Relations Board’s holding that class and collective class action waivers violate Section 8(a)(1). According to the Board’s first decision…more

A Family Victory! Victory! Just Not for Little Caesars

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) modified its treatment of the “family of trademarks” doctrine in the recent case In re LC Trademarks, Inc., Serial No. 85890412 (December 29…more

New Hampshire Psychiatric Hospital Patient Records Posted Online by Former Patient

The New Hampshire Department of Health and Human Services has notified up to 15,000 patients of its psychiatric hospital (New Hampshire Hospital) that their names, addresses, Social Security numbers, Medicaid ID numbers and highly…more

EPA Releases Final Policy to Address Acute Risks to Bees from Pesticides and Three Pollinator-Only R

On January 12, 2017, the U.S. Environmental Protection Agency (EPA) released its Policy to Mitigate the Acute Risk to Bees from Pesticide Products (Mitigation Policy) which describes methods for addressing acute risks to bees from…more

FTC Goes After IoT Device Manufacturer for Alleged Security Vulnerabilities in Routers, IP Cameras

On January 6, the Federal Trade Commission (FTC) announced that it had filed a complaint against Taiwanese D-Link Corp. and its U.S. subsidiary, D-Link Systems Inc. (D-Link), alleging the company made deceptive claims about the…more

EU Commission Publishes Its Proposals for New e-Privacy Regulation

On 10 January, the EU Commission proposed a new Regulation on Privacy and Electronic Communications (“proposed Regulation”) to replace Directive 2002/58 (known as the “ePrivacy Directive”). The proposed Regulation - The…more

The PFIC Regulations Get a Facelift

On December 28, 2016, the Treasury issued final regulations (T.D. 9806) that primarily address passive foreign investment company (PFIC) ownership and reporting rules and largely adopt 2013 proposed (REG-140974-11) and temporary (T.D…more

[Video]Day 14 of 30 Days to a Better Compliance Program-Design of Your Compliance Training Program

For compliance training to be effective its needs to risk-based in its focus. This means employees with highest risk of exposure to bribery and corruption need to receive the highest levels of training and refreshers. From there you…more

[Video]This Week in FCPA-Episode 35-the Friday the 13th edition

Show Notes for Episode 35, week ending January 13, the Friday the 13th edition   1.       Hernandez and Beech FCPA guilty pleas. 2.       VW guilty plea in emissions-testing scandal. 3.       VW executive Oliver Schmidt…more

[Video]Day 13 of 30 Days to a Better Compliance Program, create a data action plan

You should work to create an action plan to use your data. But never forget you need to get your digital information right. That means several sources of data to help you choose the best course of action. Earlier this year, Deadspin…more

A Strategic Asset Board: Steve Walker Explains How the Board Can Engage With and Foster Forward-Thinking Strategy and Innovation

In today’s increasingly complex and competitive business environment, companies must be able to act, evolve, and innovate more quickly than ever. To do so, companies must make use of all available resources to ensure they are staying…more

Affordable Care Act Repeal

Recently the Wall Street Journal stated the New England Journal of Medicine published an op-ed by President Obama in which he critiqued the Republicans’ strategy to repeal the Affordable Care Act, and then replace it at a future date…more

Connected Cars: Navigating Top Trends in 2017

Yesterday, the Automotive Industry Team of Foley & Larnder LLP (yes, us), hosted its annual event at the North American International Auto Show in Detroit, MI. Eschewing narrow or small topics, we charged into 2017 by trying to predict…more

Cybersecurity 2017: Top Exam Priorities for Federal Securities Regulators

Hedge funds and broker dealers can expect their cybersecurity preparedness to come under scrutiny again this year by federal securities regulators…more

Global Private Equity Newsletter - Winter 2017 Edition: Is Arguing Over the Appropriate Level of Efforts Worth the Effort?

The recent Delaware case, Williams Cos v. Energy Transfer Equity LP (No. CV 12168-VCG, (Del. Ch. June 24, 2016)), sought to provide some additional guidance on this question, but at bottom the standard adopted by the court is…more

Post-Petition Transfers: Sixth Circuit Opines on 11 U.S.C. § 542 versus § 549

The United States Bankruptcy Appellate Panel of the Sixth Circuit recently clarified whether a trustee could rely upon 11 U.S.C. § 542, and in the process side-step 11 U.S.C. § 549, to recover an unauthorized post-petition payment of…more

EEOC Seeks Public Comment on Proposed Enforcement Guidance on Unlawful Harassment

The EEOC is seeking public comment on proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws enforced by the agency – namely, Title VII of the Civil Rights Act of 1964 (Title…more

The Old and the New – Day 3 Notes from the JPMorgan Healthcare Conference

Day 3 of the JPMorgan healthcare conference was one of striking contrasts between the old and the new. (And, by the way, the rain finally stopped for a day, but it will be back tomorrow to finish off the last day of the conference)…more

Ostensible Agency, Hold the Class Certification: Would You Like Franchise With That?

It’s a common business model in the fast-food industry: a massive restaurant company provides the menu, the marketing—including catchy slogans and a universally recognized logo—and the basic operational standards for the restaurant…more

EPA Proposes Toxic Substances Control Act Inventory "Reset" Rule - Pragmatic Proposal Reflects Stakeholder Suggestions

The United States Environmental Protection Agency (EPA) published in today’s Federal Register its proposed approach to updating the list of chemical substances manufactured or processed in the United States, commonly known as the TSCA…more

News from Abroad: Summary Report on the Final Guidance from the English Court of Appeal on Second Medical Use Patents

The final decision of the Court of Appeal in the Lyrica® litigation was handed down on 13 October 2016. This litigation, relating to the painkiller pregabalin marketed by Warner-Lambert for the treatment of pain under the name…more

IP Cases to Watch in 2017

The New Year brings excitement and anticipation of changes for the best. Some of the pending patent cases provide us with ample opportunity to expect something new and, if not always very desirable to everybody, at least different…more

SC Public Policy Update - January 2017

What's New - Members of the South Carolina General Assembly returned to Columbia on Tuesday, January 10th, to begin the first year of the 122nd Legislative Session. The top priorities facing lawmakers entering the new session…more

The Financial Report, Volume 6, Number 1 - January 2017

As we enter our sixth year of publication, I am reminded of the old curse (or is it a blessing?), “may you live in interesting times.” Before our next edition is published, a new President will be seated in the Oval Office (for the…more

Children, Taxes, and Divorce

In many family law settlements, whether they are obtained voluntarily through an agreement or the result of litigation ending in a court order, certain provisions are made for minor children, including the support of the minor children…more

Alabama in 2017: The Road Ahead for Tax Legislation in Montgomery

The 2017 legislative session begins February 7th in Montgomery, and we expect several tax-related proposals to be considered during the session. Our readers may recall that the 2016 session ended with no long-term plan in place to…more

Setting the tone

I’ve been involved with so many small organizations both profit and non-profit in one form or another as employee, officer, or client. The one thing that is consistent with each organization is that the leadership sets the tone. The…more

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