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Trade & Manufacturing - News of Note - February 2017

Commerce Extends Steel Import Monitoring and Analysis System - On January 5, the Department of Commerce (Commerce) announced the extension of the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022. The…more

N.Y.’s 2018 Budget Proposal: Tax Proposals To Watch

Last month, Governor Cuomo presented his budget proposal for NY State’s 2017- 2018 fiscal year. Included in the proposal were a number of tax provisions that should be of interest to closely-held businesses and their owners…more

The promise of FinTech - More regulatory pointers

Earlier this month, we discussed the key results and considerations from IOSCO's updated survey on the use of automated investment advice. IOSCO noted that technology tools will affect all elements of the advice value chain and that…more

Acting Solicitor of Labor Named

Last week, amidst the drama of Andrew Puzder’s withdrawal from consideration as the Secretary of Labor, the Trump administration quietly appointed Nicholas Geale as the acting Solicitor for the Department of Labor…more

Top Five Issues to Watch in Arizona Water Law

Drought on the Colorado River. Although the winter snowpack in the Rockies is off to a good start and California has seen heavy rainfall this winter, the drought in the southwest is not over. One wet season cannot overcome the water…more

Zircore v. Straumann: A Method of Manufacturing a Physical Object Is Not an Abstract Idea

In Zircore, LLC v. Straumann Manufacturing, Inc. (E.D. Tex. 2017), as in many patent litigations since Mayo, Myriad, and Alice, the defendant moved to dismiss the infringement allegations contending that the patents in suit are…more

FDA Changes Warning For Fluoroquinolones

Fluoroquinolones is a drug used to treat respiratory and urinary infections. Fluoroquinolones include these drugs: - Avelox (moxifloxacin); - Cipro (ciprofloxacin); - Cipro extended-release (Cirpofloxacin extended-…more

Navigating Through the Hazy Intersection of Financial Services and the Legal Marijuana Industry

As more states legalize marijuana use, financial institutions face increased uncertainty about how to handle accounts opened by marijuana-related businesses (MRBs) in light of regulatory difficulties stemming from the obvious tension…more

ACCC Investigations: Be prepared in 2017

The start of a new calendar year marks a good opportunity for businesses to review their competition and consumer law compliance programs and identify key risk areas for the year ahead. The most recent annual report of the Australian…more

FTC Suing Router Company Without Underlying Data Loss

The new Administration may stand for regulatory rollback in many areas, but consumer privacy is (so far) not one. Trump's Federal Trade Commission (FTC) is pursuing a router manufacturer whose equipment hasn't caused any consumer harm…more

UK Regulator Publishes Data Suggesting Minor Decline in UK Corporate Bond Market Liquidity Conditions

The Financial Conduct Authority published a research paper summarizing its most recent research into liquidity conditions in the UK corporate bond market. The report concludes that there has been a general decline in liquidity since…more

North Carolina Legislative Update - February, 2017 #3

Eminent Domain (HB3) - A bill that seeks to amend the State's Constitution to prohibit the exercise of eminent domain to condemn private property except for public use passed through the House this week after being approved by…more

Fourth Circuit Follows Salinas Decision With Finding of Joint Employment of Satellite TV Installers

As reported in EmployNews, last month in its Salinas decision, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) adopted a new, broader test for determining when two entities are joint employers…more

NYSE’s Annual Guidance Memo

Earlier this month, the staff of NYSE Regulation issued its annual guidance memorandum, which highlights recent NYSE developments and other points of emphasis for the coming year. This year’s guidance includes nearly twenty items that…more

Client Alert: Florida Passes the Florida Fiduciary Access to Digital Assets Act

The Florida Fiduciary Access to Digital Assets Act (the “Act”) took effect as of July 1, 2016. The digital world is growing at an exponential rate. The Act provides much needed guidance for digital asset owners of how they can plan for…more

Could You Be More Specific . . . About My Excess AI Coverage?

Are you a general contractor who is pretty sure that you have additional insured coverage for some stuff under your sub-subcontractor’s excess policy? Advent, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, Case No. H041934…more

Luxembourg CSSF Circular 17/650 - Primary tax offences - In the fight against money laundering, what are your professional obligations?

On 17 February 2017, Luxembourg’s financial regulator (Commission de Surveillance du Secteur Financier – CSSF) issued a circular drawn up with the Financial Intelligence Unit in order to provide..…more

EU Consultation on Proposed Draft Technical Standards on Central Contact Points for AML and CFT Purposes

The Joint Committee of the European Supervisory Committee launched a consultation on proposed Regulatory Technical Standards on the criteria for when a central contact point is appropriate and the functions of the central contact…more

Georgia Tax Tribunal Issues Two New Decisions on Remote Seller Nexus and Georgia Tax Credit Elections

The Georgia Tax Tribunal, in its first published decisions in more than a year, held that: (1) Scholastic Book Clubs has nexus in Georgia and must collect sales tax; and (2) a taxpayer’s election of one tax credit for creating jobs…more

New York State Industrial Board of Appeals Revokes Regulations on Methods of Wage Payments Set to Take Effect on March 7

On February 16, 2017, the New York State Industrial Board of Appeals (IBA) issued a Resolution of Decision invalidating and revoking the regulations regarding methods of payment of wages. The IBA decided that the regulations exceeded…more

OIG Publishes Online Portfolio Highlighting its Body of Work on Drug Pricing and Reimbursement

For several years now, the public outcry over the issue of drug pricing and reimbursement has increased in frequency and fervor. At least one government agency wants you to know that it has been listening and wants to help provide…more

One Step Forward, Two Steps Back?

Market participants who are not enamored by the current state of federal securities regulation may have been heartened by the new administration’s January 30, 2017 “two for one” order. The order contemplated that, for each new rule…more

Honesty is the Best Policy

May an employer fire an employee for lying about the reason for an absence? In a recent decision, the Connecticut Appellate Court said “yes.” Orlando Martinez worked for Polar Industries as a machine operator. He was called for…more

Were SEC ALJs Appointed In Violation of the Constitution?

Challenges to the SEC’s authority to move its enforcement program in-house before Administrative Law Judges and out of the federal courts just took a new turn. While the SEC had one win on challenges to the appointment of its ALJs…more

Employment Law Navigator – Week in Review: February 2017 #3

Over the weekend, a female Uber employee published a blog post that accuses the company of systemic sex discrimination and harassment. Uber quickly reacted, hiring former Attorney General Eric Holder to perform an “urgent…more

Welcome changes to the Enforcement Process: more streamlined, efficient and transparent

The Financial Conduct Authority ("FCA") and the Prudential Regulatory Authority ("PRA") (collectively referred to as "the Regulators") published a joint policy statement ("the Statement") on 1 February 2017. The Statement details the…more

Giving Credit Where Credit Is Due: First Responders Get A Break On Local Taxes

Every day, firefighters and emergency medical service (EMS) volunteers across Pennsylvania provide essential services to keep the public safe—and they do it all for free. Unfortunately, volunteer fire companies and EMS agencies have…more

UK Government Publishes Final Policy on Transposing MiFID II 

HM Treasury published a paper summarizing responses to its consultation on the transposition of the revised Markets in Financial Instruments Directive and three draft statutory instruments to facilitate transposition. Member States are…more

What Do You Know? Bill Proposes To Eliminate Scienter

Corporations Code Section 25401 is California’s basic securities antifraud statute..…more

$5.5 Million HIPAA Settlement Underscores Importance of Audit Controls

On February 16, 2017, the HHS Office for Civil Rights (OCR) disclosed a $5.5 million settlement with Memorial Healthcare Systems (MHS) for HIPAA violations affecting the protected health information (PHI) of 115,143 individuals. The…more

President Trump Issues Memorandum On “Construction Of American Pipelines” -Prioritizes U.S.-Produced “Materials And Equipment”

On January 24, 2017, President Donald J. Trump signed a slate of executive orders and presidential memoranda focused on pipeline and other infrastructure projects. Along with memoranda that specifically concern the construction of the…more

Bankruptcy Is Not A Borrower Antidote For Loan “Default Interest”

Defaulting on a loan typically triggers a higher interest rate — “default interest” — as one of many consequences for the borrower. (Other consequences include acceleration of the maturity, late fees and penalties, and foreclosure.)…more

Cybercrime: New mandatory data breach reporting requirements

Australian businesses can no longer keep quiet about cyber security breaches, with Parliament passing laws mandating their disclosure. On 13 February 2017, the Senate passed the Privacy Amendment (Notifiable Data Breaches) Bill 2016…more

McCarthy Institute Trademark Seminar 2017

One of the current challenges in trademark law addressed in Seattle last week at the Amazon Corporate Conference Center, host of the 2017 McCarthy Institute and Microsoft Corporation Symposium, is an issue we have discussed quite a bit…more

The Herbal Community is Fired Up Over Fire Cider

The term “fire cider” is well known to herbalists as a term for a spicy, hot, deliciously sweet vinegar tonic, which is thought to have first been concocted in the kitchen of the California School of Herbal Studies in the early 1980’s…more

District Court Stays Case Pending Inter Partes Review After Non-Petitioning Defendant Agrees to be Bound by Estoppel Provisions

In a previous order, the district court granted a motion to stay pending Inter Partes Review ("IPR") but deferred ruling on the Motion to Stay with respect to EMC Corporation "until EMC Corporation has filed a Notice with the Court…more

The Construction Industry Scheme: Change in the air?

What does real estate investment have to do with the problem of tax evasion made possible by cash-in-hand payments in the building industry? Very little, one might suspect, but that has not prevented real estate investors becoming the…more

ERISA Disability Claim Regulations Get a Facelift

Employers providing disability benefits to their employees should note that the U.S. Department of Labor recently changed how disability benefit claims are administered. The new disability claim rule will apply to ERISA-governed…more

Supreme Court speaks on Daubert – says not much

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted there are “grave concerns” that (unidentified) elements of the Daubert…more

Key North Carolina CON Petition Deadlines

Can your organization satisfy an unmet need by bringing a new health care resource into a North Carolina community? If your organization perceives a need that has not been recognized by our State’s health planners, now is the time to…more

Thunder and Lightning: Very, Very Frightening

The title for greatest reaper of catastrophe losses in the United States does not go to the hurricane, blizzard or ice storm but to the much more common thunderstorm. Thunderstorms don’t get cute names from The Weather Channel or…more

Mineral Lease Prevails in Louisiana Royalty Dispute

Prevails over what, you ask? In Gladney v. Anglo-Dutch Energy, LLC, a conditional allowable from the Office of Conservation didn’t supersede lease royalty obligations…more

Polish DPA Releases Data Privacy Inspection Plans – Targets Health, Shopping

The Polish Data Protection Authority (GIODO) has just released its inspection plans for 2017. This year, the GIODO has decided to target its review of compliance with data protection laws on the health services and consumer sectors…more

MLA Website malfunction

According to an announcement posted on the Military Lending Act (“MLA”) Website, “[b]etween February 9, 2017 and February 15, 2017 there was a problem with MLA Multiple Record Requests that prevented 149 request files from processing.”…more

Recent Sixth Circuit Ruling Impacts Prayer at Public Meetings

If you are a Jackson County resident, your next local Board of Commissioners' meetings might look a little different than what you are used to. On February 15, 2017, the Sixth Circuit Court of Appeals ruled that county commissioners in…more

No, A Little Noticed Executive Order Did Not Kill Privacy Shield

We have previously noted that the the U.S.-E.U. Privacy Shield data transfer may not be dead, but it is ailing. These concerns have been exacerbated by a January 25, 2017 presidential Executive Order (EO) “Enhancing Public Safety in…more

RLUIPA Implications of Trump’s Immigration Executive Order

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From Foreign…more

Avoid These Costly Mistakes When Hiring the Right Accident Lawyer

Auto accidents, by nature, are generally unplanned and unpredictable. In more serious accidents, catastrophic injuries can mean that lives are thrown into chaos. What’s more, in the days and even weeks and months following some auto…more

Hanjin Shipping Declared Bankrupt

The Seoul Central District Court declared Hanjin Shipping Co Ltd bankrupt on Friday February 17, 2017, after ruling that Hanjin’s liquidation value was greater than its going concern value..…more

Third Circuit Affirms Rejection Of Class Arbitration Where Employment Agreement Was Silent On Whether Arbitration Could Proceed On A Class Basis

Plaintiffs, former staffing managers of defendants’ international staffing agency, alleged that defendants misclassified them as overtime-exempt employees in violation of the Fair Labor Standards Act. Following earlier rulings of the…more

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