Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

Village of Asharoken Opts Out of Federal Beach Project

Asharoken, N.Y. January 10, 2017–Swayed by public opinion and perceived elitism, the Incorporated Village of Asharoken (“Asharoken”) opted out of a federal beach nourishment plan implemented by the Army Corp of Engineers (“ACOE”) in…more

DOL’s Final Rule Modifies ERISA Disability Claim Regulations

Effective January 18, 2017, the Department of Labor issued a "final rule" modifying 29 CFR § 2560.503-1, governing claims procedures for disability benefits under ERISA plans. The new regulations apply to disability claims filed on or…more

FBI Is Focused On Professional Service Providers

James C. Barnacle, Chief of the Money Laundering Unit in the Financial Crimes Section, Criminal Investigation Division, of the FBI recently stated that there is a RENEWED emphasis on investigations targeting “ money laundering”…more

CBSA Announces 2017 Trade Verification Priorities

As has become its customary practice at this time of the year, the Canada Border Services Agency (CBSA) has published its trade verification (audit) priorities for the coming year. The audits will cover three programs that impact…more

Supreme Court of Illinois Says Courts Can Decide ARES Rate Disputes

Courts – not the ICC – have jurisdiction over rate cases involving an ARES, said the Supreme Court of Illinois.[1] In a unanimous opinion written by Chief Justice Karmeier, the Court in December answered the Seventh Circuit’s certified…more

Calling All Stock Certificates

Last week, Broc Romanek’s Mentor Blog addressed the question of what to do about outstanding stock certificates following a reverse stock split. Today, I’ll weigh in with a California perspective…more

European Commission Publishes Proposed Directive on Countering Money Laundering by Criminal Law 

The European Commission published a legislative proposal for a Directive on countering money laundering by criminal law. The proposed Directive is intended to harmonize and establish minimum rules concerning the definition of criminal…more

Law Firm Data Breaches Demonstrate the Expanding Scope of Cyber Attacks

In a case of “cyber meets securities fraud,” the United States Attorney’s Office for the Southern District of New York (“SDNY”) recently indicted three foreign nationals on charges of insider trading, wire fraud, and computer hacking…more

Record fine under sentencing guidelines

Southern Water is the latest company to receive a heavy fine for environmental offences, following a pollution incident in Kent in June 2012 where large amounts of sewage were expelled onto the Thanet coastline after pumping station…more

Theresa May’s 12 Brexit Principles – and What They Mean for Financial Services

Theresa May’s speech on Brexit covered many of the topics that were central to the Brexit referendum debate. Immigration, the European Court of Justice, and Parliamentary sovereignty all had starring roles. But, for once, serious…more

Changes to Section 3301(D) of the Pennsylvania Divorce Code

For many, many years, the plaintiff to a unilateral, no-fault divorce proceeding, as set forth under Section 3301(d) of the Pennsylvania Divorce Code, had to wait no less than two years before he or she could request the entry of a…more

Of Klingons and Copyrights: Trekkie Fan Film Hits Fair Use Flameout

A Star-Trek fan-film is boldly headed to a jury trial to determine whether Axanar Productions—the company behind the fan-film—is liable for copyright infringement. Paramount Pictures and CBS Studios sued Axanar Productions in December…more

Phishing Scam Targets HR Professionals By Seeking W-2s

With the new year upon us, cyberthieves are once again attempting to prey on unwitting HR professionals, as my colleague William Roberts explained in an article last week for SHRM on phishing. The scam goes like this. As an HR…more

Election Result Risk Factors

January is a good time for calendar-year-end companies to re-evaluate, and update as necessary, their Form 10-K risk factors. This year in particular, the November election results introduce a wide range of new considerations for many…more

Lawyers Won’t Sell Until They’re Sold: How Marketers Can Address Business Development Reluctance

Most lawyers do not express interest in business development or anything else that might distract them from billable work unless their self-preservation depends on it. Here's how law firm marketers can still work with that and coach…more

NY DFS Proposed Cybersecurity Regulations Revised and Implementation Delayed

We previously reported on the New York Department of Financial Services’ proposed cybersecurity regulations. During the public comment period, the DFS received over 150 comments. In response, the DFS announced on December 28, 2016…more

Projects and Energy Weekly Snippets

Weekly projects and energy updates in South Africa - Five municipalities in Eskom cut-off reprieve - The municipalities have set up payment plans after the national power utility caused an uproar by threatening action against…more

Another view on Presidential authority to remove Director Cordray

As rumors swirl that President-elect Trump is planning to remove Director Cordray immediately after January 20th, conflicting views have emerged about his authority to do so before the appeal in PHH is resolved. We previously blogged…more

Court Finds That Enron’s Fraud Does Not Void Contract Entered Into With Enron Subsidiary

A federal appellate court has upheld a district court order enforcing an arbitration award by the ICC against the Republic of Nigeria in favor of Enron Nigeria Power Holdings, Ltd. (“ENPH”), a former subsidiary of Enron International…more

D.C. Circuit grants PHH’s motion for leave to file supplemental response

Last Friday, the D.C. Circuit entered an order granting PHH’s motion for leave to file a supplemental response to the CFPB’s petition for rehearing en banc.  On December 22, PHH and the United States filed responses to the CFPB’s…more

Top Ten Expected Planning Changes

With the new year now here, we look at ten key planning changes which are due in 2017: 1. Housing White Paper- This was expected today, but we understand that its publication will be pushed back and there have been rumours that it…more

Supreme Court Will Hear Class Action Waiver Cases

Last week, the Supreme Court consolidated and agreed to hear three appeals of Circuit Court decisions concerning whether class action waivers contained in employment arbitration agreements infringe on employees’ rights under Section 7…more

Recidivism Under the FCPA: Zimmer Biomet

Last week Zimmer Biomet Holdings, Inc. paid a high price for its and its predecessors failure to comply with the terms and conditions of 2012 Deferred Prosecution Agreement (the “2012 DPA”). Biomet, having originally paid $23 million…more

California Court Issues Surprising Decision in Discount Advertising Case

On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC. The court held that plaintiffs who claimed they were misled by 40% off…more

Bullet Points on a Primer: The Quick Version of the Sedona Conference’s Data Privacy Primer

The Sedona Conference has just published the public comment version of its Data Privact Primer, a publication of its very active Working Group on Data Security and Privacy Libaility. The primer is excellent…more

CMS Appeals the Injunction Halting the Nursing Home Arbitration Ban—Where Will it Go From Here?

Few things have had the post-acute care industry on the edge of their seats like the ban on arbitration agreements and the subsequent injunction preventing its application. On January 5, 2017, CMS filed a Notice of Appeal with the…more

NYDFS Issues Circular Letter Pertaining to Deferred-to-Immediate Annuity Contract Replacements

On December 8, 2016, the New York State Department of Financial Services (the “Department”) issued a Circular Letter to provide guidance in response to the alleged failure of certain life insurance producers and life insurers to comply…more

Does Length of Time in the US Count for or Against Unauthorized Immigrants?

An unauthorized immigrant going through removal procedures can apply for a cancellation of removal waiver. The waiver can allow an unauthorized immigrant to remain in the United States permanently if they have lived in the country for…more

EMIR: Intra-group Exemptions from Uncleared Margin Requirements – FCA Opens Application Process

On 4 January 2017, the FCA opened its application process for the intra-group transaction ("IGT") exemption to the EU’s new requirements to exchange margin for uncleared OTC derivative contracts (as set out in Commission Delegated…more

Alexa: Play Confession

It sits in your house, passively recording everything you say. It knows what you like. It knows what you listen to. It knows what you buy. It knows who’s in the room with you. And now, it might tell the police all about it…more

$1,000 Lawyers and Howard Schultz’s $12 Cup of Coffee

Howard Schultz recently announced he is stepping down from his role as CEO and Chair of Starbucks to focus on the company’s plans to build high-end coffee shops that charge as much as $12 per cup of coffee. That makes me think of the…more

Physician Liability for Death of Nonviable Fetus

If an obstetrician’s negligence causes the miscarriage of a nonviable fetus—i.e., one that couldn’t live outside the womb–does the patient have a cause of action for wrongful death? In Alabama the answer is yes, according to a…more

The Road to Recall: Evaluating Defects for Substantial Product Hazard

The U.S. Consumer Product Safety Commission (CPSC or the Commission) is the regulatory agency responsible for protecting the public from unreasonable risks of injury and death associated with consumer products. Pursuant to the Consumer…more

Your Daily Dose of Financial News

Ratings Agency Moody’s Corp. has agreed to pay roughly $864 million to resolve federal and state claims that it gave juiced ratings to risky MBS in the run-up to the financial crisis. Half of the total will end up in DOJ coffers, and…more

Ohio Supreme Court Determines That The Independent Corroborative Evidence Necessary To Prove An Uninsured Motorist Vehicle Claim Need Not Be Independent

In order to present an uninsured motorist claim when an accident is caused by an unidentified vehicle, a claimant must present independent corroborative evidence demonstrating that the accident was caused by the negligence of a phantom…more

HR tips for drafting and cultivating your own ‘Tom Brady’ or ‘Aaron Rodgers’

Think the NFL was happy with this past Sunday’s games? I sure do. The NFL playoffs are in full swing and that usually is great news for the league since they get to dominate the sports headlines for a while. But after a weekend and a…more

Grant to Public Charity Qualifies as “Unusual Grant” for Public Support Test

Publicly supported charities provide favorable benefits under the Code for both the organization and donors, in contrast with non-publicly supported private foundations. To qualify, the organization must receive a substantial part of…more

Mondelez FCPA Enforcement Action — An Abuse of Prosecutorial Discretion?

The first FCPA enforcement action for 2017 landed with very little fanfare. The SEC reached a settlement with Mondelez International for $13 million. The facts surround the hiring of an agent in India and the failure of Mondelez to…more

[Video]Employment Law This Week: Wellness Program Regulations, Cumulative Liquidated Damages, ACA Transgender Discrimination Rules, Form I-9

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact…more

SEC Announces 2017 Exam Priorities

Each year, the SEC’s Office of Compliance Inspections and Examinations (the “OCIE”) releases its priorities for the upcoming year. For regulated entities such as investment companies and investment advisers, the release of the OCIE’s…more

Varsity Healthcare Partners Closes Second Fund at $300 Million

Varsity Healthcare Partners (VHP) has announced the closing of its second equity fund, Varsity Healthcare Partners II, at $300 million. The fund will invest in healthcare services platforms…more

HHS Ordered To Eliminate Medicare Appeals Backlog By 2021

On January 4, 2017, the U.S. District Court for the District of Columbia rejected a request by the Secretary of HHS asking the court to reconsider its decision that requires HHS to eliminate the backlog of Medicare claims appeals…more

Michigan Legislature Repeals Preferential Hiring Requirement for Special Education Personnel

On January 3, 2017, Governor Snyder signed into law Public Act 429, which is to take immediate effect. This Act repeals a somewhat obscure provision of the Michigan Revised School Code. Section 1766, MCL 380.1766, required a…more

Supreme Court Agrees to Hear Cases Attacking Arbitration Agreements With Class Action Waivers

On Friday, January 13, 2017, the Supreme Court agreed to consider arguments over whether employer arbitration policies that prohibit employees from filing class or collective actions are violative of the National Labor Relations Act…more

Acquisition of Shares in Public Companies Before the SEJM

A parliamentary bill has been submitted with the Sejm, repealing an obligation to submit a tender offer in connection with the acquisition of shares giving the right to 10% of the total number of votes at the General Meeting of a…more

Swiss-U.S. Privacy Shield Finalized

On January 11, U.S. and Swiss authorities announced final agreement on the Swiss-U.S. Privacy Shield Framework. The Framework defines standards for handling personal data exported from Switzerland to the U.S. and enables U.S. companies…more

9 Ways to Persuade Lawyers to Abandon Legalese and Write Clearly

In-house counsel may be able to read dense alerts, but they are not inclined to do so…more

European Supervisory Authorities Consult on the Use of Big Data by Financial Institutions

The Joint Committee of the European Supervisory Authorities launched a consultation paper on the use of big data by financial institutions. The ESAs are the European Banking Authority, the European Securities and Markets Authority and…more

OIG Interprets and Incorporates Statutory Exceptions to CMP Law

As of January 6, 2017, final rules published by the United States Department of Health and Human Services Office of the Inspector General (the “OIG”) implementing certain exceptions to the Civil Monetary Penalty law (“CMP”) took…more

No Consolation but MA at Least Knows a Pathological Candidate when it Sees One

Nearly half a century has passed since the presidential election of 1968. We’re still learning things about that race that make your stomach turn…more

Popular Topics
Reporters on Deadline
Contributor Spotlight

Our International Labor & Employment Law Group has decades of experience working with global companies on international and cross-border workplace issues. We have lawyers in our offices across the…

[ About | Legal Updates ]