Latest Updates

UK Government Publishes Draft of the Data Protection Bill

On 14 September 2017, the Government published the long-awaited draft of the Data Protection Bill (the Bill). The Bill was first announced in the Queen’s Speech on 21 June 2017 (see our previous blog) and will incorporate the General… more

[Video]Day 12 of One Month of Innovation in Compliance-Real Time v. Right Time Monitoring

If it is not clear already this month, innovation does not simply come from a technical or even service perspective but can improve your compliance program from a wide variety of perspectives. We have considered a variety of issues… more

IRS Challenges Ahead For Insurance Producers?

A 2017 Tax Court decision, Fleischer v. Commissioner, may call into question a tax planning strategy commonly used by commissioned brokers and salespersons in many industries. This Alert looks at the impact of the decision on insurance… more

Lawful Permanent Residence: How Not to Lose It

U.S. Customs and Border Protection Officers at ports of entry to the U.S. routinely question returning lawful permanent residents (“green card” holders) about the length of time spent outside the U.S.A. and the nature of their… more

[Video]Compliance Man Goes Global-Episode 1

I welcome you to a new series entitled Compliance Man Goes Global podcast of Compliance Report-International Edition. I am joined by Tim Khasanov-Batirov, a compliance practitioner who focuses on high risk markets for 17 years. In each… more

SEC Office of Compliance Inspections and Examinations Announces Most Frequent Advertising Rule Compliance Issues for 2017

The Office of Compliance Inspections and Examinations (the “OCIE”) published a Risk Alert on September 14, 2017 discussing the most frequent issues that the OCIE observed during its examinations of investment advisers with regards to… more

Duties Owed to All by a Healthcare Provider Sound in Premises Liability, Not Medical Malpractice

In Johnson v. Open Door Community Health Centers, No. A143992, the Court of Appeal, First Appellate District, Division Four, recently held that MICRA did not apply where a patient who was attempting to exit a clinic after the… more

BNA Reports That Tax-Zapping Software Costs States $21 Billion In Taxes Annually

BNA’s Michael J. Bologna and Paul Shukovsky have written a comprehensive article about a pervasive problem facing state tax auditors: the use by restaurants and other cash-intensive businesses of electronic revenue suppression… more

After the Storm: What You Need to Know for Employment Law

Recovering from the effects of a natural disaster, such as Hurricane Irma, can seem daunting, especially for employers having to address the fallout on both professional and personal fronts. It is therefore understandable that human… more

Premium Processing Of H-1B Petitions Further Expanded, Effective Immediately

The US Citizenship and Immigration Service (USCIS) announced today, September 18, 2017, that it will again expand its resumption of premium processing for additional types of H-1B petitions. Effective immediately, H-1B petitions… more

Proposed Fourth Quarter 2017 Universal Service Fund Contribution Factor Jumps – Poised to Hit New High

On September 12, 2017, the Federal Communications Commission’s (Commission) Office of the Managing Director (OMD) released a Public Notice proposing a universal service fund (USF) contribution factor of 18.8% for fourth quarter 2017… more

IBA Self-Regulatory Principles at Center of BBB Decision

Two digital advertising companies are the targets of a recent Better Business Bureau effort to enforce the industry’s self-regulatory principles. The interest-based advertising rules of the road require third parties to provide… more

Paper Published by AFME on Brexit

The Association for Financial Markets in Europe (“AFME“) published a paper on September 6, 2017, which highlighted the necessity of transitional arrangements in the finance sector following Brexit. AFME has made clear that it… more

Capitol Hill Healthcare Update

Republican senators pushing a last-ditch effort to overhaul the Affordable Care Act (ACA) say they are within one vote of having the support needed to pass their bill. Sens. Bill Cassidy (R-La.) and Lindsey Graham (R-S.C.) said they… more

Minimum Wage For Federal Contractors Increased Effective January 1, 2018

Effective January 1, 2018, the minimum wage for federal contractors working on or in connection with contracts covered by Executive Order 13658 will be $10.35/ hour. The announcement was made via posting in the federal register on… more

Industry Responds to CSA Guidance on Cryptocurrency Offerings

The rise in popularity of cryptocurrencies and the spread of cryptocurrency offerings have attracted increased attention from securities regulators in Canada and abroad. Recently, staff of the Canadian Securities Administrators (CSA)… more

ICO Sets the Record Straight on Data Breach Reporting Under the GDPR

The latest in the series of blogs from the UK Information Commissioner’s Office (ICO) looks at some of the myths around data breach reporting under the General Data Protection Regulation (GDPR). Given the misleading press stories on… more

Rating Agency Developments

On September 13, 2017, DBRS issued a report entitled Third-Party Due Diligence Criteria for U.S. RMBS Transactions. On September 13, 2017, Fitch issued a report entitled Fitch Updates Future Flow Securitisation Criteria; No Rating… more

Blog: California Governor Considers Drug Price Reporting Bill and Ban on Discounts and Rebates for Branded Pharmaceutical Products

The California State Legislature sent two new pharmaceutical pricing measures, S.B. 17 and A.B. 265, to Governor Jerry Brown on September 13th. S.B. 17 would impose new reporting requirements on pharmaceutical manufacturers related to… more

Key Points To Know About The Rescission Of DACA

On September 5, 2017, the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) officially rescinded the program known as Deferred Action for Childhood Arrivals (DACA) and implemented a six month phase… more

Ind. Upholds Reduction of Obese Decedent’s Life Expectancy

Actuarial tables put the life expectancy of a 31-year-old male at 46.5 more years. But when Christopher McDaniel died at 31, allegedly as a result of medical negligence, the court calculated his life expectancy at no more than six… more

Blog: SEC Advisory Committee Recommends Changes To Rule 701

On Wednesday of last week, at the final meeting of the SEC Advisory Committee on Small and Emerging Companies (soon to morph into the Small Business Capital Formation Advisory Committee), the Committee heard a presentation on Rule 701… more

[Audio]Hsu Untied interview with David Hashmall, Chairman of Goodwin

Today, my guest is David Hashmall, who serves as Chairman of Goodwin, a leading Global 50 firm with more than 1,000 lawyers. As Chairman, David is responsible for Goodwin’s overall strategy and growth, client relations and external… more

CBP Provides The Trade Community with An Opportunity to Identify Regulatory Burdens for Possible Elimination or Modification

• On September 12, 2017, U.S. Customs and Border Protection issued a Federal Register notice, “Reducing Regulation and Controlling Regulatory Costs,” to request comments from interested parties on CBP regulations, paperwork… more

Snap Judgment: Unicorns Under Pressure and Addressing Risks of Private Lawsuits

The recent IPOs of Snap, Inc. and Blue Apron indicate that while the IPO pipeline continues to flow, there may be a cautionary tale for “unicorns” – venture-backed companies with estimated valuations in excess of $1 billion… more

Updating Interview Scheduling Practices with USPTOs AIR Program

Many patent practitioners have experienced the benefits of examiner interviews in achieving compact patent prosecution. Examiner interviews allow practitioners and examiners to discuss subtle but sometimes significant technical… more

EEOC Issues New Guide to Assist Federal Agencies to Provide Personal Assistance Services (PAS)

Provides Answers Agencies May Have Regarding PAS Programs - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the release of a Questions and Answers Guide to assist federal agencies to provide… more

SuperVision - Labor & Employment Law Insights - September 2017

...This issue of SuperVision is dedicated to questions our friends and clients may have regarding insurance and benefit topics. While not a common part of the Labor & Employment field, Spilman prides itself on having attorneys… more

The Mintz Matrix – September 2017

As data breaches dominate national headlines it remains important as ever for businesses to invest in security and to be ready to respond if a breach occurs. Part of your preparedness program should be staying current on data breach… more

No Slam Dunk: Filings of New York Sales Tax Class Actions Continue Despite Dunkin' Decision

In May 2017, the Second Circuit rejected an attempted class action lawsuit that sought to hold a retailer liable for allegedly overcharging sales tax. In Estler v. Dunkin' Brands, Inc., the court upheld summary judgment in favor of the… more

Auto 2.0 Is More Than Just About the Automobile – From Shuttles to Logistics and More

The introduction of near autonomous vehicles to public roadways is set to completely revolutionize the way humans and goods navigate cityscapes in the coming years. Although Tesla’s autopilot feature has become the early pioneer, the… more

Equal Pay Class Action Lawsuit Against Google

Google, Inc. (“Google”) is the latest high profile employer in an onslaught of class actions by female employees alleging systemic discrimination in pay against women. Coupled with the Office of Federal Contract Compliance Program’s… more

CMA Investigates Asset Management Sector

Following the UK Financial Conduct Authority’s (FCA) final report on the asset management market study in June 2017, it has decided to make a Market Investigation Reference to the Competition and Markets Authority (CMA) on investment… more

Court of Appeals Reverses D.D.C. Order Requiring HHS to Eliminate Medicare Appeals Backlog by December 31, 2020

Hopes were dashed for sooner relief from the backlog of Administrative Law Judge (ALJ) appeals. With the backlog of Medicare reimbursement appeals steadily growing, a reversal by the U.S. Court of Appeals for the District of Columbia… more

Changes to Australia's Media Ownership Regime Pave Way for Mergers and Acquisitions

The Australian government has secured the long-awaited support it needed from independent Senate cross-benchers to make sweeping changes to Australia's media ownership laws… more

Lack of Quorum Costs East Kentucky Power Cooperative in PURPA Dispute

The Federal Energy Regulatory Commission (FERC or the “Commission”) recently restored its quorum with the swearing in of Commissioners Neil Chatterjee and Robert Powelson, but the casualties from the six-month, quorumless period… more

Labor & Employment Law Update - September 2017

United States Department of Labor Moves Hint at Policy Changes, but Employers Await Clarity - Presidential administration transitions almost always result in policy and enforcement initiative changes at the U.S. Department of Labor… more

FTC Takes Hard Line on Social Media Endorsements: Disclose, Disclose, Disclose... (It Matters Given Growing Reliance on Social Media)

The Federal Trade Commission (FTC) has unequivocally signaled this month that compliant endorsements on social media remain a high priority for this US consumer protection agency because endorsements carry weight and affect buying… more

Record Petition Filings Projected for FY 2017 – Institution Rate Continues Slide

The Patent Trial and Appeal Board has released AIA trial filing and disposition numbers for July 2017. Filings remain near the 150 mark, with 138 total trials being requested in July, 135 of those being requests for Inter Partes… more

You Can’t Ignore RESPA Section 8(c)

It’s been over a year since the Consumer Financial Protection Bureau (CFPB) turned the real estate settlement services industry on its head by announcing in its first ever administrative appeal that Section 8(c) of the Real Estate… more

Overview of Macron reform law

Through a comprehensive short slideshow, discover the key challenges and timeframe of the Macron Labour Reform Bill. Please see full Presentation below for more information… more

Sleneem Enterprises, LLC To Pay $22,500 To Settle EEOC Religious Accommodation Suit

Company Discharged Employee Because She Requested Religious Accommodation, Federal Agency Charged - DETROIT - A Michigan-based franchisee of Tim Hortons Cafe and Bake Shop will pay $22,500 to settle a religious accommodation lawsuit… more

Targeted Probe and Educate – CMS Changes Its Approach to Auditing

Medicare providers and suppliers will now be subject to Targeted Probe and Educate (TP&E) audits beginning this fall. These TP&E audits will focus on limited audits of individual providers and provider education. This new program… more

One From The Heart

The Dark Knight Rises is one of my favorite movies and one great scene at the end is when Catwoman tells Batman: “You don’t owe these people anymore. You’ve given them everything” and Batman says: “Not everything. Not yet.” Whether… more

Building a Health App? What You Need to Know

Last week, Apple announced the new Apple Watch Series 3 which will feature an enhanced heart rate app. The app will notify you when it detects an elevated heart rate even when you are not working out. The sensor will also be able to… more

How to Lose an IPR but Amend Your Claims in Reexam and Keep Your Patent

On August 30, 2017, the PTAB issued a Final Written Decision in M & P Golf, LLC (d/b/a Cool Clubs) v. Max Out Golf, LLC, IPR2016-00784, Paper 43 (P.T.A.B August 30, 2017), entering adverse judgement on the original patent claims… more

President Trump Blocks Chinese-Funded Acquisition of U.S. Semiconductor Company

• President Trump issued an order prohibiting the proposed $1.3 billion takeover of Lattice Semiconductor Corporation, a U.S. company, by Canyon Bridge Capital Partners, Inc., a private equity firm funded by Chinese investment… more

EuVECA and EuSEF amended: another opportunity to succeed?

On 14 September the European Parliament approved a revised version of the so-called EuVECA and EuSEF regulations. The Regulations no. 345/2013 on European venture capital funds (EuVECA) and no. 346/2013 on European social… more

Potential Remedy for Addicks & Barker Reservoir Release Victims

On August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane, settling in the lower Texas gulf coast and inundating southeast Texas with almost 50 inches of water over a four-day period. The storm caused flooding in… more

Up, up and away: BC Court of Appeal dismisses unjust enrichment class action against international airlines

On September 12, 2017, Mr. Justice Groberman, writing for the BC Court of Appeal, upheld the decision of the BC Supreme Court in Unlu v Air Canada, 2015 BCSC 1453 (“Unlu”), refusing to certify as class proceedings five separate actions… more

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