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"OFAC and BIS Implement Additional Amendments in Support of Cuba Policy Shift"

On October 14, 2016, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS) announced further amendments to ease U.S. sanctions and export control…more

SEC Proposes Amendments to Require Use of Universal Proxy Cards

The U.S. Securities and Exchange Commission, in a 2-1 vote1, proposed amendments on October 26, 2016 to the proxy rules that would require public companies to include director candidates nominated by a dissident shareholder on the same…more

California Adopts Measures Targeting Multifamily Residential Buildings for Water Conservation

In an effort to encourage water conservation throughout California, Gov. Jerry Brown recently signed a bill into law that will require the owner of any multi-unit residential development constructed after Jan. 1, 2018 to install…more

The Legend of Fred

When your practice is successful as a retirement plan provider, you’re going to want to hire people who work outside the retirement plan business to help you manage your firm because the day to day running of a business doesn’t just…more

Governance & Securities Law Focus: Latin America Edition - October 2016

This newsletter provides a snapshot of the principal US and selected global governance and securities law developments during the third quarter of 2016 that may be of interest to Latin American corporations and financial…more

Australia: a rapidly changing power market

Australia is a fascinating case study in the global energy sector. Factors including Federal and State government incentives have driven rapid uptake of renewable generation and other emerging technologies, making Australia one of the…more

Washington State and CMS Reach Agreement For $1.5 Billion Medicaid Transformation Program To Improve Health Care

Washington State and CMS reached an agreement in principle for a five-year Medicaid demonstration waiver to allow up to $1.5 billion of federal investment to strengthen state efforts to improve health care for Washington families and…more

New TTAB Rules for Trademark Lawyers

Trademark lawyers across the country should take note of the U.S. Patent and Trademark Office’s (“USPTO”) first major set of Trademark Trial and Appeal Board (“TTAB”) rule changes since 2007. The amended rules take effect on January…more

Should You Allow Your Employees Time Off to Vote? Three Considerations for Connecticut Employers

Election Day is now less than two weeks away. While many states require employers to provide their employees with time off to vote, Connecticut is not one of them. Employers in the state should, however, keep the following…more

NYC Passes Comprehensive Independent Contractor Bill

On October 27, the New York City Council, long known for pushing the envelope when it comes to employment legislation, passed a first-of-its-kind bill, known as the “Freelance Isn’t Free” Act, that requires written agreements between…more

October 2016: International Trade Update

Litigating the First Case of International Economic Cyber Espionage Under Section 337 of the Tariff Act. In what has been described by analysts as the case that “could be the most significant development in U.S. steel trade in a…more

ED’s new rules for teacher preparation programs

On October 12, 2016, the U.S. Department of Education issued its long-awaited final rule regarding teacher preparation programs. After nearly five years and a fair amount of compromise, the final regulation has garnered some praise…more

Arbitration Provisions in Employment Agreements: The Pros and Cons

When it comes to arbitration provisions in employment agreements, one size does not fit all. Arbitration has significant advantages and disadvantages. Deciding whether to include an arbitration provision in an employment agreement…more

Countries at a Glance: Hong Kong - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - Employee rights to receive Plan benefits after termination are not restricted by law. However, as a precaution, standard…more

Accountants M&A Alert: New AICPA Guidance on Transfer of Client Files

If you are selling or acquiring an accounting practice, you need to read the AICPA’s new guidance “Transfer of Files and Return of Client Records in Sale, Transfer, Discontinuance or Acquisition of a Practice,” which clarifies the…more

Navigating Election Day 2016

November 8, 2016 is almost here—finally. There has been stress and controversy in the workplace this election season as a result of the unusually contentious and heated presidential election. Indeed, a recent American Psychological…more

European Union Posts September Car Sales Record, Asian Markets Continue to Grow

New car sales in Europe grew by 7.3% in September, marking a new record for September. This growth continued despite concerns over Brexit. In the first nine months of 2016, European Union passenger auto registrations grew by 8%. Italy…more

California’s Employment Law Class of 2017 (Part II): The Laws, Their Effects and Some Recommendations for Compliance

In part I of this two part series reviewing the employment law class of 2017 we focused on developments in discrimination, anti-retaliation and discharge, hiring and background checks, and workplace health and safety. In part II we…more

NYC Council Passes Bill Protecting Freelance Workers

Yesterday the New York City Council passed the Freelance Isn’t Free Act, a local law (No. 1017-2015) establishing protections for freelance workers. The bill now goes to the Mayor’s desk for signature…more

Lame-Duck Threat to Non-Competes

Not content to leave employers alone for the last few months of this term, the Administration wants to discourage, nationwide, the use of contract provisions that limit individuals from competing with their former employers, and even…more

IRS Restates EPCRS Correction Methods and Procedures

The Internal Revenue Service recently issued Revenue Procedure 2016-51, a new version of the Employee Plans Compliance Resolution System (EPCRS) to consolidate and update its prior guidance regarding how to correct of errors in…more

FTC and DOJ Issue Antitrust Guidance for Human Resource Professionals

Last week the Federal Trade Commission and the Department of Justice jointly issued guidance to educate companies, and in particular human resource professionals, on how antitrust laws apply in the employment arena, particularly with…more

Court Enjoins FPSW Regs: Checklist of Obligations and Status Included

The court preliminarily blocks the Fair Pay and Safe Workplaces’ (FPSW’s) disclosure requirements and arbitration restrictions, providing some relief for federal contractors. On October 24, the US District Court for the Eastern…more

Top Ten International Anti-Corruption Developments for September 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources…more

Update on Defend Trade Secrets Act: Courts Begin Interpreting and Applying New Federal Misappropriation Law

The Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law on May 12, 2016. The statute amends the Economic Espionage Act of 1996 to provide federal court jurisdiction for civil trade secret misappropriation claims and to…more

Picking Up Speed: DOT Releases Guidance on Automated Vehicles

New NHTSA guidance represents the federal government’s first attempt to develop a comprehensive regulatory structure for automated vehicles. This transformative technology offers vast promises and significant concerns regarding the…more

Countries at a Glance: France - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - To reduce the risk of potential claims from employees that they have entitlements under Plans, Plans should be carefully…more

New Privacy Rules for Internet Service Providers

On October 27, 2016, the FCC adopted a new set of privacy and data security regulations applicable to “broadband service providers and other telecommunications carriers.”…more

ISDA 2016 Variation Margin Protocol: Margin Rules Compliance Guide - United States

The International Swaps and Derivatives Association, Inc. has published the ISDA 2016 Variation Margin Protocol. The VM Protocol aims to facilitate compliance with the margin rules of various jurisdictions, including the United…more

New Jersey Bill Prohibits Employers from Requiring Release of Gender Claims in Exchange for Severance

A bill in the New Jersey State Senate would bar an employer from entering into an agreement for severance payments with an employee “which results in the employee releasing any claims, or barring any potential claims in the future…more

International Bodies Publish Second Consultation on Harmonization of Key OTC Derivatives Data Elements

The Committee on Payments and Market Infrastructures and the International Organization of Securities Commissions published a joint consultative report on the harmonization of a second batch of key OTC derivatives data elements..…more

Be Aware Belgium - October 2016

In principle, this is only possible after termination of the employment contract, provided a settlement agreement has been concluded with his employer. In order to be valid, a settlement agreement must meet various conditions…more

District Court Grants Plaintiff's Motion for Preliminary Injunction to Preclude Defendant from Discussing Case with Plaintiff's Former President Who Now Works for Defendant

In this patent infringement action, the Defendant, GHP Group, Inc. ("GHP"), hired the Plaintiff's, ProCom Heating, Inc. ("ProCom"), president during the litigation. The Plaintiff then filed a request for a temporary restraining order…more

This Week In Securities Litigation

The Commission, along with the DOJ, filed a settled FCPA action against aircraft manufacturer Embraer. The action centered on bribes paid in multiple countries to facilitate the sale of aircraft…more

Louisiana DOR Proposed Unique - and Troubling - Addback Regulation

The Louisiana Department of Revenue proposed a new regulation expansively interpreting Louisiana’s recently enacted related party expense addback statute. La. Reg. vol. 42, no. 10, pg. 1767 (Oct. 20, 2016) (the Proposed Regulation)…more

[Video]Violence In The Workplace: Is Your Business At Risk?

No employer should take the security of its workplace for granted. With the right tools, every employer can provide a safer place for its employees to thrive…more

Google Makes Ad-Tracking Change in its Privacy Policy

In 2007, Google bought online ad network DoubleClick, which uses cookies to collect and store data about Google users from their browsing history, to best place clients’ ads. This past June, Google revised its privacy policy to state…more

The Lawyers' Lawyer Newsletter - Halloween Issue October 2016

TRICK OR TREAT! The editors of the Halloween edition of the Lawyers' Lawyer Newsletter invite you to enjoy frightening tales of shocking assaults by non-clients on an unsuspecting law firm; a lawyer's nail-biting escape from a…more

SEC Finalizes Rules Requiring Liquidity Risk Management by Open-End Funds

In an October 13, 2016 release (the “Release”), the SEC adopted Rule 22e-4 (the “Rule”) and published new disclosure and data reporting requirements. Most notably..…more

Why Affixing A Secretary’s Certificate Might Protect The Innocent

Transactional lawyers are used to obtaining officers’ certificates to back up their opinions or to deliver to the other party pursuant to a purchase or sale agreement. I wonder, however, how many buyers or secured lenders think about…more

UK Regulator Cancels Proposed Secondary Annuities Market

The UK Government announced that it would not be taking forward its plans to create a secondary market for consumers to sell their annuity income..…more

Focus: Public Officials - The reform of proceedings before the Court of Auditors - The new Code of Accounting Justice

On 7 October 2016, Legislative Decree 174 of 26 August 2016 entered into force laying down the "Code of Accounting Justice, adopted pursuant to Art. 20 of Law 124 of 7 August 2015". This piece of legislation has re-organised and…more

FanDuel, DraftKings Settle Fantasy Sports Lawsuit with New York AG

This week, the office of the New York Attorney General (the “AG”) announced that it had reached a settlement with both FanDuel and DraftKings, resolving the State’s deceptive marketing practices lawsuit. We had previously blogged…more

Commercial Insurers Urge Congressional Budget Office to Consider their Telemedicine Data

In hopes of expanding reimbursement opportunities for telemedicine services in the Medicare program, representatives of eleven payers, including Aetna, Anthem, Blue Cross Blue Shield of Tennessee, Cambia Health Solutions and Humana…more

2017 Cost of Living Adjustments for Retirement Plans

The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations for retirement plans and Social Security generally effective for Tax Year 2017 (see IR-2016-141). Most notably, the…more

Three Workplace Trends that will Impact your Bottom Line in 2017

Employers in the food and beverage industry face countless and ever increasing regulatory challenges, including food safety and handling, labeling, distribution requirements, and on and on. Regulatory compliance often has an immediate…more

NAIC Life Actuarial (A) Task Force Approves Revisions to Actuarial Guideline 49 for Exposure and Comment

On October 20, the NAIC Life Actuarial (A) Task Force (LATF) of the Life Insurance and Annuities (A) Committee met and approved proposed revisions to Actuarial Guideline 49 (AG 49) for exposure and comment. If adopted, the proposed…more

The Defend Trade Secrets Act: A Powerful New Tool for Employers

Trade secrets provide significant value for American companies. Take, for example, the formula for Coca-Cola. The exact formula for the popular softdrink is a closely guarded secret, and Coca-Cola’s exclusive ability to make its…more

Benefit and Contribution Limits for 2017

The Commissioner of Internal Revenue announced the 2017 dollar limitations for benefits and contributions that apply to retirement and cafeteria plans. Some limits have increased while others remained the same. The Social Security…more

Conflict Avoidance and Conflict Resolution Mistakes that Ruin Workplace Culture Part I

I dedicate a fair portion of my professional life to resolving workplace conflict. While I enjoy helping companies once a crisis has occurred, my preference is to help companies avoid crises in the first place…more

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