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

Latest Updates

ADA/FEHA Interactive Process Issues – 100% Healed Policies are 100% Illegal

The year end is a time for reflection, and one theme in my practice this year has been the failure of managers (and some HR professionals) to fully understand the interactive process, and to inadvertently cause liability by imposing a…more

Fifth Circuit Grants DOL’S Request For Expedited Briefing of Preliminary Injunction Ruling; Case to Be Fully Briefed by January 31, 2017

In a December 8, 2016 Order, the Fifth Circuit Court of Appeals granted the DOL’s request for expedited briefing of its appeal of the preliminary injunction issued by a district court judge that had enjoined the DOL from implementing…more

French Civil Code Reform

The French Civil Code, enacted over two centuries ago, has remained unchanged since 1804. In February 2015, new legislation aimed at modernising the law was introduced and it became imperative that a comprehensive review of the reforms…more

EPA Selects First 10 Chemicals for TSCA Risk Evaluations

A Set of "Blueprints" for Future Reviews? - In satisfaction of a mid-December deadline under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA has issued the required initial list of ten “high priority”…more

Fintech Gains a National Platform: Federal Regulator Plans To Accept Fintech Applications for Special Purpose National Bank Charters

The primary regulator of the nation's largest banks, the Office of the Comptroller of the Currency (OCC), said Friday that it is considering issuing special purpose national bank charters to online lenders, payment processors and other…more

Managing the Transition to Transformation: Antitrust Considerations When Forming Provider Contracting Networks

McDermott’s Managing the Transition to Transformation series is designed to help health systems and other health care industry leaders address the many challenges presented by the transformation in payment and care delivery models. The…more

Eighth Circuit Affirms that an Objectively Reasonable Interpretation of an Ambiguous Regulation Defeats Liability Under the False Claims Act

In United States ex rel. Donegan v. Anesthesia Associates of Kansas City, P.C., 833 F.3d 874 (8th Cir. 2016), the Eighth Circuit affirmed that a defendant cannot be liable under the False Claims Act (“FCA”) for claims for payment that…more

Supporting Undocumented Students in High School and College

In the wake of the presidential election, we have experienced a noticeable increase in the number of inquiries from both our K-12 and higher education clients concerning the unique and complex issues facing undocumented youth and their…more

New DIFC-LCIA Arbitration Rules 2016: An Overview

On 1 October 2016, the DIFC-LCIA Arbitration Centre (DIFC-LCIA), a joint venture between the Dubai International Financial Centre (DIFC) and the London Court of International Arbitration (LCIA), adopted new DIFC-LCIA Arbitration Rules…more

Investigatory Powers Act Becomes UK Law

The new law gives UK intelligence and law enforcement bodies sweeping surveillance powers. The IPA was introduced in response to recommendations that David Anderson QC made, in his capacity as the Independent Reviewer of Terrorism…more

CFPB warns financial companies: tying employee incentives to sales may lead to fraud or consumer abuse

The CFPB has issued a bulletin warning financial companies that tying employee incentives to unrealistic sales goals or to terms of transactions may lead to consumer harm if not properly managed…more

Brexit Briefing: English Law Funding For European Banks In Focus As BES Creditors Left Behind… Again

The Court of Appeal has upheld the validity of Banco de Portugal’s exercise of its resolution powers, overturning last year’s decision of the High Court - The Facts - Readers familiar with this case will recall that a matter…more

HHS-OIG increases beneficiary inducement CMP nominal gift amounts from $10 to $15 per gift and $50 to $75 per year

The beneficiary inducement civil monetary penalty law generally prohibits health care providers from providing gifts to a Medicare or Medicaid beneficiary—including any free or discounted item or service—if the provider "knows or…more

Best Practices for Collegiate Coaches Regarding Title IX

Title IX continues to evolve and the future enforcement of the legislation may be somewhat uncertain due to the transition of leadership at the federal level as summarized by Marissa Pollick in her recent post. Despite this change…more

Torts – Premises Liability

Al Khosh v. Staples Construction Company, Inc. - Court of Appeal, Sixth Appellate District (October 26, 2016) - Under Privette v. Superior Court (1993) 5 Cal.4th 689, an employee of an independent contractor generally may not…more

Recent Regulatory Obstacles and Potential Solutions for InsurTech Companies

On November 23, 2016, the Washington Insurance Commissioner ordered Zenefits to cease providing free access to software, following a nearly two-year investigation that began in February 2015 and a separate $100,000 fine in October 2016…more

Eighth Circuit Affirms that Retaliation Under False Claims Act Requires Showing that Retaliation Was Motivated Solely by Plaintiff’s Protected Activity

On May 20, 2016, the Eighth Circuit affirmed the District Court’s grant of summary judgment to defendant on Plaintiff’s False Claims Act (“FCA”) retaliation claim against his former employer. In Elkharwily v. Mayo Holding Company, et…more

What is a personal benefit? US Supreme Court issues major insider trading decision - key takeaways

On December 6th, Yesterday, the Supreme Court issued its first insider trading decision in more than two decades, Salman v. United States. The decision clarified uncertainty in insider trading prosecutions that arose following a 2014…more

Expansive Final Rule Affecting Employment-Based Immigrant and Nonimmigrant Visa Programs Published – good news for H-1B visa holders and those seeking permanent residency

On November 18, 2016, US Department of Homeland Security (DHS) published a final rule to “improve aspects of certain employment-based nonimmigrant and immigrant visa programs.” This final rule also “amended regulations to better enable…more

New York Adopts Pathologists’ Assistants Law

New York State has adopted a new law that establishes the profession of licensed pathologists’ assistant. Governor Andrew Cuomo signed S.7932/A.10408 into law on November 28, 2016. The new law adds Article 168 to the Education Law…more

In Win for Financial Services Industry, Second Circuit Limits Use of FCA to Enforce Banking Regulations

In United States ex rel. Bishop v. Wells Fargo & Co., 823 F.3d 35 (2d Cir. 2016), the Second Circuit rejected an attempt to use the False Claims Act (“FCA”) as an enforcement mechanism for banking regulations in the lead-up to the 2008…more

$1 billion verdict in lawsuit against maker of metal-on-metal hip replacements

The pain and suffering that a flawed medical device can cause can last a long time. A Dallas jury provided a timely reminder of that, deciding six California plaintiffs should be paid more than $1 billion for the harm they suffered…more

Liquor law reforms – a Christmas gift for small bars, restaurants, landlords, and financiers!

On 8 December 2016 the NSW Government released its response to both the Callinan Review and the Small Bar License Review (see our September update here) and, bucking the recent trend of increasing regulatory burden and restriction in…more

Government Prevails in Significant Insider Trading Case

On December 6, 2016, the U.S. Supreme Court issued one of its most significant rulings on insider trading in recent years. In its ruling in Salman v. United States, the Supreme Court unanimously upheld Bassam Yacoub Salman’s insider…more

Feds Target HR Professionals For Criminal Violations Of Antitrust Laws

The Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced they are increasing their efforts to criminally prosecute employers and individuals who engage in certain behaviors with…more

Trump and the Debate Over the Fiduciary Rules Affecting Retirement Savings

CAMPAIGN PROMISES AND THE FIDUCIARY FIGHT - President Elect Trump’s campaign website states that he intends to issue a moratorium on new regulations that are “not compelled by Congress or public safety.” His stated goal is to make…more

Eighth Circuit Dismisses Interlocutory FCA Appeal for Lack of Jurisdiction

In this April 2016 decision, the Eighth Circuit held that it lacked jurisdiction to consider the appeal of a two-state agency seeking review of a denial of its motion for summary judgment. Below the two-state agency had argued that it…more

New Form I-9 Means More Immigration-Related Change In 2017

Despite President-elect Donald Trump’s promise to build “an impenetrable physical wall on the southern border” of the United States, workers from all backgrounds and nationalities will continue to be hired in this country. And…more

Supreme Court Opens Pathway To Increased Insider Trading Prosecutions

On Dec. 6, 2016, the U.S. Supreme Court issued its much-awaited decision in Salman v. United States, upholding a “friends and family” insider-trading conviction and effectively overruling the Second Circuit’s decision in United States…more

U.S. Supreme Court Alters Standard for Design Patent Damages and Takes Apple's $400 Million Victory Over Samsung Away (At Least for Now)

On December 6, 2016, the United States Supreme Court handed down an important unanimous decision regarding damages in design patent cases, throwing out a $400 million damages award that Apple had won from Samsung over smartphones. See…more

3 Strikes Against the IRS in Attempting to Impose Fiduciary and Beneficiary Liability for Estate Taxes

During her lifetime, Anna Smith established the Anna Smith Family Trust, a revocable trust administered for her benefit. Initially, Anna was initially a co-trustee with two of her children, but eventually became sole trustee. A…more

To Deposit or Not to Deposit: a Question for Fintech Charters

The fintech industry has justifiably greeted the OCC’s announcement of a national fintech charter with optimism. But one area where we have seen significant confusion is the possibility of the fintech charter being granted without…more

Tax Truths: Volume 1, No. 2 – December 2016

AN ANALYSIS OF TAX LAW PROPOSALS OF THE PRESIDENT-ELECT AND THE HOUSE - President-elect Trump made tax reform a highlight of his campaign, calling for fewer tax brackets, lower individual rates, and reduced corporate tax rates…more

21st Century Cures Act Passes Senate

In a 94-5 vote, the U.S. Senate today passed the 21st Century Cures Act (H.R.34). This vote comes just days after the House of Representatives voted in favor of the bill. The bill now heads to President Obama, who has been a vocal…more

Using Alternative Fee Arrangements to Redefine Your Bottom Line

In 1958, the American Bar Association (ABA) published a pamphlet recommending that attorneys track and keep detailed records of their time. For better or for worse, legal work has since been measured by the “billable hour”—the…more

Supreme Court Concludes that Violation of FCA Seal Provision Does Not Necessarily Mandate Dismissal of Qui Tam Suits

The Supreme Court held yesterday that a violation of the False Claims Act’s seal provision does not mandate dismissal of a relator’s complaint. Justice Kennedy authored the Court’s opinion in the unanimous 8-0 decision…more

WilmerHale ENsights - December 2016

Welcome to the inaugural issue of WilmerHale ENsights. In this and future editions, we will share weekly energy policy analysis on President-elect Donald Trump’s transition and the priorities of the new Congress. Our experienced…more

Avoiding Office Holiday Party Headaches

It’s the holiday season again and while the office holiday party is a wonderful time to show appreciation to your employees and create camaraderie among coworkers, it can also be a time of legal headaches that can last through the New…more

SEC Adopts Rules to Modernize Information Reported by Registered Investment Companies

On October 13, 2016, the Securities and Exchange Commission (the SEC) issued a release adopting final rules to modernize and enhance the reporting and disclosure of information by registered investment companies (the Final Rules). The…more

European Commission Publishes the New Winter Package

Last month, the European Commission presented a package of measures, known as “the Winter Package”, to strengthen the EU’s competitiveness in adopting and leading the clean energy transition. In addition to promoting energy efficiency…more

Ohio Supreme Court Finds That An Action At Law On A Promissory Note To Collect A Mortgage Debt Is Separate And Distinct From An Action In Equity To Enforce A Mortgage Lien On Property

The Supreme Court of Ohio recently clarified in a decision issued in Deutsche Bank Nat’l Trust Co. vs. Holden 2016-Ohio-4603; 2016 Ohio LEXIS 1803, that equitable rights and remedies which a party holds in and to a mortgage lien on…more

Solicitor General Files Brief Recommending Supreme Court Hear Sandoz v. Amgen

The Acting Solicitor General has just filed an amicus brief recommending that Sandoz’s cert petition and Amgen’s cross-petition be granted. The Acting Solicitor General also argues that the decision by the Federal Circuit on the…more

ISO-NE winter electricity supply 2016 - 2017

New England should have sufficient electricity supplies to meet consumer demand this winter, according to regional power grid operator ISO New England, Inc. But because natural gas pipeline constraints could limit electricity…more

Make Sure You Address Compliance with Export Controls

Compliance officers have to avoid professional myopia. The focus of compliance these days has been on anti-corruption, antitrust, and AML, depending on your company’s industry. They fit nicely together under an anti-corruption…more

Student Athletes Are Not Employees Under FLSA, Circuit Court Affirms

The Seventh Circuit Court of Appeals has affirmed a lower court decision holding that student athletes' participation in college sports does not make them school employees entitled to compensation, a decision that should cause colleges…more

CNH Awards Public Bids for Deep-Water Hydrocarbon Production

The Hydrocarbon National Commission, or Comisión Nacional de Hidrocarburos (CNH), published on Dec. 17, 2015, the call for the fourth international public bid for Round One, as part of the implementation of Mexico's energy reform. The…more

Recipient Of Arbitration Award In Reinsurance Dispute Permitted Discovery Of Funds Withheld Account

Plaintiffs secured an interim arbitration award in the amount of $7.8 million, plus interest, in what the court described as a complex insurance/reinsurance program. Seeking to collect on the award, plaintiffs served a subpoena on a…more

How the Yellow Submarine Informs Due Diligence Lessons From 1MDB

Enrichment is the theme for today’s post as it is personal and illegal enrichment which seems to be the continuing message from the 1MDB scandal involving the disgraced Malaysian sovereign wealth fund. In an article in the Wall Street…more

Global trends in fintech dealmaking

North America dominates the fintech landscape, but competition from Asia and Europe is rising. Silicon Valley and North America have been key to fuelling the growth of fintech since its infancy. In each of the past six years…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Bryan Cave LLP is built on a unique "one firm" structure and philosophy, whereby our lawyers collaborate to bring the best skills and talent in the firm to support our clients in corporate…

[ About | Legal Updates ]