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New Rules of the Cyber Road: Federal Banking Regulators Seek Comment by January 17, 2017 on Proposed Cybersecurity Regulations

Continuing the trend of recent years, cybersecurity has remained at the top of the regulatory agenda for several federal and state agencies. For financial institutions, keeping track of the dizzying array of proposed regulations is a…more

Energy Policy In The Trump Era: Part 1

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. Reducing regulation was a…more

Have Yourself a Safe, Undistracted, and Accident Free Holiday

Seyfarth Synopsis: Keep your holidays happy and safe. At this time of year, with all of the joy, parties, and excitement the season brings, employers need to be especially vigilant to keep and maintain a safe workplace environment for…more

Asbestos Alert: Employers and Land Owners Have Duty to Take-Home Exposure Plaintiffs

Kesner v. Pneumo Abex, LLC - Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme Court, which…more

In A Summary Order, Second Circuit Vacates 30-year Child Pornography Sentence on Substantive Reasonableness Grounds

In United States v. Sawyer, No. 15-2276, the Second Circuit (Jacobs, Pooler, Crawford) vacated and remanded for resentencing a case involving a conviction for possession of child pornography. The decision rested on a finding that the…more

Southern District of California Court Provides Further Guidance on Patent Infringement Pleading Requirements After Abrogation of Form 18

In a November 21, 2016, order, the Honorable Janis L. Sammartino of the Southern District of California dismissed The Scripps Research Institute’s (TSRI) patent infringement claims without prejudice because TSRI failed to satisfy the…more

The Australian Government increases pressure on multinational tax avoidance: Diverted Profits Tax introduced

INTRODUCTION AND OVERVIEW - The Australian Government released draft legislation on 29 November 2016 to implement a UK-style DPT with effect from 1 July 2017. The DPT targets 'significant global entities' (those with annual…more

Bilzin Sumberg Partner Calms Fears of Trump Hurting Miami Real Estate Market

Attorney James W. Shindell, Real Estate chair at Bilzin Sumberg, has a message for those who believe Donald Trump’s presidential election will hurt Miami’s real estate market: The sky is not falling. Shindell addressed concerns of…more

Workplace Policy Institute Insider Report - December 2016

Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block controversial…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #2

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their practice…more

OCC Announces Special Purpose National Bank Charter for FinTech Companies

On December 2, 2016, Comptroller of the Currency Thomas Curry confirmed that the agency will begin considering applications from FinTech companies to become special purpose national banks, saying that the OCC will charter “financial…more

Russia: Possible Foreign Ownership Restrictions on Online Video Services

Russia is considering new restrictions on foreign ownership and control of online video services, similar to the rules recently imposed on “mass media” such as television, radio, and publications…more

1,000 Miscellaneous Tariff Bill Petitions Filed And Counting: Filing Window Closes at 5:15 p.m. on December 12

More than 1,000 petitions seeking temporary duty suspensions and reductions pursuant to the American Manufacturing Competitiveness Act of 2016 (the Act) have been filed with the U.S. International Trade Commission (ITC). As reported in…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #1

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their practice…more

US Supreme Court to Review Patent Exhaustion Doctrine

On December 2, 2016, the Supreme Court of the United States granted cert in a key case regarding the scope of the patent exhaustion doctrine, or “first sale doctrine,” as it relates to (1) sales of a patented item subject to…more

SEC Advisory Committee on Small and Emerging Companies Meeting

The next meeting of the Advisory Committee will be held by conference call on December 7. The call will be available to members of the public. The agenda includes plans to consider recommendations regarding corporate board diversity…more

The Federal Circuit Confirms That It Will Review PTAB’s CBM Determinations … To A Certain Extent

The Federal Circuit has again addressed which types of patents are eligible for Covered Business Method (“CBM”) review before the Patent Trial & Appeals Board. Approximately one week after issuing the recent Unwired Planet v. Google…more

FTC Settles with Data Broker

On November 30, 2016, the Federal Trade Commission (“FTC”) announced a settlement with Jason A. Kotzker, the purported owner and member of two separate data broker companies: Sequoia One, LLC and Gen X Marketing Group, LLC. Kotzker…more

CMS Releases List of Potential Quality and Efficiency Reporting Measures

On November 22, 2016, CMS published its annual list of quality and efficiency measures under consideration for adoption through the rulemaking process. CMS is considering approximately 100 measures for incorporation into approximately…more

OCC Will “Move Forward” With Federal FinTech Charter

The Office of the Comptroller of the Currency (the OCC) plans to consider applications from companies engaged in financial technology—or FinTech—activities to operate through a national bank charter and has released a paper detailing…more

EEOC Issues Enforcement Guidance on National Origin Discrimination

On November 21, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Enforcement Guidance on National Origin Discrimination, which outlines the agency’s guidance on the provisions of Title VII that prohibit national…more

When Theory and Practice Diverge

"In theory, there is no difference between theory and practice. But, in practice, there is.” Although this quote is attributed as a remark overheard at a computer science conference in Walter J. Savitch’s Pascal: An Introduction…more

Updated Form I-9 and USCIS fee increases

Background on Form I-9 - The Immigration Reform and Control Act (IRCA) of 1986 mandated all employers to verify the identity and employment authorization documents for all of their employees. Form I-9 is used for this purpose and…more

IP holding companies offer potential added protection benefits

Protecting intellectual property — from theft or misappropriation, infringement, or even from potential creditors and judgments — is a chief concern among businesses large and small and can be accomplished in a variety of ways. One…more

Although Presidential Election Creates Questions About FLSA Regulations, Employers Who Ignore December 1 Effective Date Do So At Their Own Peril

Effective December 1, 2016, pursuant to new Fair Labor Standards Act (FLSA) regulations adopted by the U.S. Department of Labor (DOL), the salary threshold for many salaried exempt employees will increase substantially, from $455 per…more

Corporate and Financial Weekly Digest - Volume XI, Issue 46

ISS Releases 2017 Proxy Voting Guideline Updates - On November 21, ISS published its 2017 Proxy Voting Guideline Updates, which will be in effect for meetings held on or after February 1, 2017. The US 2017 updates cover numerous…more

IPR Update -- Is Reviewability of Time-Bar Institution Decisions Headed En Banc?

"It appears to me that en banc consideration is warranted." -- Judge Taranto (concurring in Click-To-Call Technologies, LP v. Oracle Corp.). "I write separately, however, to note that I believe the Supreme Court's language in…more

2016-17 Compliance Developments & Calendar for Private Fund Advisers

Registered investment advisers (RIAs) are required to review their policies and procedures on at least an annual basis. Below is a guide to recent enforcement actions and other material developments in 2015 and 2016. While some of the…more

California Environmental Law & Policy Update - December 2016

Environmental and Policy Focus - Warriors win second court decision in S.F. arena battle - San Francisco Business Times - Nov 29 - A California appellate court on Tuesday upheld the environmental review of the…more

International News: Focus on International Dispute Resolution

Overview of the Proposed Reforms of the EU Merger Control Regime - In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation suitable…more

Make Sure You Have A Complete Transcript For Appeal

The appealing party has the burden of providing the appellate court with the record to support his/her argument on appeal. Sometimes you will need the entire transcript to support your argument – for example, if you want to argue that…more

Heightened Focus on Renewable Fuel Standard Enforcement Increases Compliance Challenges

As the Renewable Fuel Standard (RFS) program continues to evolve and mature, so too does the manner in which the U.S. Environmental Protection Agency (EPA or the Agency) seeks to drive day-to-day compliance by the regulated community…more

Florida’s Supreme Court Rules in Favor of Concurrent Cause Doctrine; Reverses Second District’s Application of Efficient Proximate Cause

In John Robert Sebo, etc. v. American Home Assurance Company, Inc., Supreme Court case number SC14-897, the Florida Supreme Court reversed a Second District Court opinion which found the efficient proximate cause doctrine applicable to…more

Australian case update: Tiuta International Ltd v De Villiers Surveyors Ltd

SNAPSHOT - In Tiuta International Ltd v De Villiers Surveyors Ltd [2016] EWCA Civ 661, the English Court of Appeal delivered an important judgment in favour of lenders in a valuer’s negligence case, which has important…more

U.S. District Court: Fund Trustees Cannot Rely on Attorney-Client Privilege in Section 36(b) Case

A federal district court has ordered mutual fund trustees to produce privileged documents to a plaintiff who sued an investment adviser accused of charging excessive investment advisory fees. The November 21, 2016 order may pave the…more

Ohio Appeals Court Dents Plaintiffs’ Class Certification Motion

Four independent auto body shops sued Progressive Casualty Insurance Company in state court in Cleveland. Their gripe? They claimed that they repaired Progressive-covered vehicles but that Progressive tortiously interfered with their…more

Labor Department Seeks to Fast Track Overtime Appeal

On December 2, 2016, the U.S. Department of Labor (DOL) filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking to fast track the DOL’s appeal of a nationwide preliminary injunction that blocks the agency from…more

Congress Passes “Consumer Review Fairness Act of 2016” to Protect Online Reviews

New legislation passed by Congress on Monday, November 28, attempts to curb aggressive tactics against the authors of negative online reviews. The legislation bans the practice of contractually prohibiting consumers from posting…more

The Trump Administration’s International Trade and Economic Policy: Available Options and Possible Implications for Industry

During the recent campaign and the transition, President-elect Donald Trump generally has advocated a more aggressive U.S. international trade and economic policy as part of his plan to generate economic growth and retain and return…more

Change and Continuity in Securities Regulation

The election of Donald Trump as the next President and the continued Republican control of Congress raise questions as to what changes may be expected at the Securities and Exchange Commission (SEC or Commission) and what may stay the…more

The OCC confirms special purpose national bank charters for fintech companies

In public remarks at the Georgetown University Law Center on December 2, 2016, the Comptroller of the Currency, Thomas J. Curry, announced that the Office of the Comptroller of the Currency (OCC) will move forward special purpose…more

To the attention of foreign TV and radio broadcasters: register a representative office by January 1, 2017

According to one of the recent changes in the RK legislation on broadcasting, owners of foreign television and radio companies retransmitting TV and radio channels in Kazakhstan are required to register a representative office in…more

3 Biggest Workplace Law Concerns For Breweries And Brewpubs

As virtually all startups and small businesses know, one of the surest ways to kill a promising enterprise is to get involved in costly litigation. Breweries and brewpubs are no exception. The current rise in employment litigation…more

Weekly Update Newsletter - December 2016

GOVERNMENT CONTRACTS - FAR Amendment Proposal to Implement Section of NDAA 2016 - The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are…more

Bridging the Week - December 2016

CFTC Re-Proposes Capital Rules for Swap Dealers: The Commodity Futures Trading Commission re-proposed minimum capital requirements for swap dealers and major swap participants that are not subject to prudential regulation…more

House and Senate Schedules for 2017 Reveal an Increased Workload for Lawmakers

As the second session of the 114th Congress comes to a close, the House and Senate are busy preparing for the first session of the 115th Congress, which will convene on January 3, 2017. The House will be in session for 145 days, which…more

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The high-level…more

New York Adopts Advanced Home Health Aide Law

New York State has adopted new law that establishes the advanced home health aide (AHHA) job designation. The AHHA program was first recommended in 2011. Governor Andrew Cuomo signed S. 8110/A.10707 into law on November 28, 2016…more

Expanding Horizons for Startup and Small Companies Raising Capital

If you are a startup or small company looking to raise funds from investors, newly amended Rule 504 should catch your eye. Effective January 20, 2017, Rule 504 of Regulation D will allow startups and small companies to sell securities…more

The TPA Asset Based Fee is a dinosaur

I have a good friend of mine that I’ve known for the last 18 years and he’s one of the most honest people in the 401(k) business and I love him even though he roots for the New York Islanders. He works for a third party administration…more

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At McDonnell Boehnen Hulbert & Berghoff LLP ("MBHB"), we provide creative, pragmatic business solutions through a variety of intellectual property services, including litigation, prosecution, and…

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