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New Win for Old Spice

Procter & Gamble was sued this March in the Southern District of Ohio by about 180 persons claiming they had bought and were injured by applying thirteen different Old Spice deodorant products manufactured and sold by P&G. They…more

Court Affirms Finding That Will Was Lost And Not Revoked

In In the Estate of Burrell, a trial court admitted a copy of will to probate, and a contestant appealed. No. 09-14-00345-CV, 2016 Tex. App. LEXIS 10421 (Tex. App.—Beaumont September 22, 2016, no pet. history). This case was decided…more

Nevada Seizes Delaware’s Business Entity Formation Crown

Delaware has long dominated the market for incorporations. Thus, I was surprised to see University of Nevada Law Professor Eric H. Franklin write that Nevada enjoys a 4 to 1 advantage over Delaware in corporate formations. If this…more

Basel Committee on Banking Supervision Consults on Regulatory Treatment of Accounting Provisions 

The Basel Committee on Banking Supervision published a consultation paper and discussion paper on the regulatory treatment of accounting provisions under the Basel III capital framework and related policy considerations..…more

What's an 18 hour city?

Ely Portillo, of the Charlotte Observer, brings us all up to speed on defining commonly thrown about real estate development jargon. Low-rise? Mid-rise? Mixed-use? Your guide to jargon in a city of cranes…more

Corporate directors: no ban yet

There has been a further delay to the ban on UK companies appointing corporate directors. There is, as yet, no new firm implementation date…more

Funds Escape Debt-Equity Regulation Net—For Now

Key Points - - The New Regulations do not apply to debt issued by investment partnership funds, including publicly traded partnership funds, or blockers-at least, not now. - The New Regulations can apply to preferred…more

Burr Alert: Physicians, Surgery Centers and Taxes

Since the enactment of the net investment income tax ("NIIT") in 2012, physicians and other taxpayers owning multiple business interests have had to make educated choices based upon accounting projections and SWAGS when determining how…more

Federal Pay Equity Legislation Promised

Legislation coming to the Federally Regulated Employment Sector (and possibly provincially-regulated employers enrolled in the Federal Contractors Program) - The Canadian pay equity model requires employers to assess the value of…more

A New and Significant Anti-Corruption Voice in the Ukraine

The anti-corruption field has the benefit of many great leaders, bloggers, academics, researchers, NGOs and other contributors who are committed to the battle against corruption.  Many people dedicate themselves with little to no…more

Corp Fin Issues Three New and Revised Interpretations of the Securities Act Rules

On October 19th, the Division of Corporation Finance released three new and revised Compliance and Disclosure Interpretations (C&DIs) concerning the Securities Act. Revised C&DI 271.04 and new C&DI 271.21 relate to exempt offerings and…more

NASA Announces Beyond Visual-Line-of-Sight UAS Test Flights

National Aeronautics and Space Administration (NASA) plans to fly unmanned aircraft systems (UAS; commonly known as drones) this month beyond visual line-of-sight of their operators to test planning, tracking and alerting capabilities…more

Hensarling seeks assurance of CFPB compliance with limits on executive agencies

Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, has sent a letter to Director Cordray asking him to provide written assurance by October 26, 2016 that, as a result of the D.C. Circuit’s…more

Why Set up a Local Company in the UAE?

Dubai is a well-respected pathway to the East, and since it became a financial hub, companies that engage in all types of business activities are now looking to establish a presence here. Setting up a Local Company is an excellent way…more

Failure Under the HIPAA Security Rule Costs $2.14 Million

On October 18, 2016, the Department of Health and Human Services, Office of Civil Rights (“OCR”) announced a $2.14 million settlement with St. Joseph Health (“St. Joseph”), a non-profit integrated Catholic healthcare delivery system in…more

Orrick's Financial Industry Week In Review

Financial Industry Developments - CTFC Approves Proposed Rules Addressing Application of Certain CEA Regulations to Cross-Border Transactions - On October 11, 2016, the U.S. Commodity Futures Trading Commission ("CFTC")…more

Your Daily Dose of Financial News

Meanwhile, some banking officials—including a BOE representative speaking in NYC yesterday—contend that the legal expenses related to financial misconduct enforcement actions and litigation (roughly $275 billion for global banks since…more

Pennsylvania Legislature Seeks to Limit Access to Police Video Recordings

The bill establishes a more restrictive process for obtaining video than the courts have provided for under the Right to Know Law. The Pennsylvania Senate passed a bill on October 19 that would prohibit police body camera footage…more

OIG Approves Transportation Assistance Program

On October 3, 2016, the U.S. Department of Health & Human Services, Office of the Inspector General (OIG), issued an advisory opinion approving a local health care district’s proposal to cooperate with another district to jointly fund…more

Fantasy Stock Picking Contest Deemed by SEC to be Illegal Security-based Swaps

The SEC shut down a “fantasy” stock picking game for allegedly violating securities laws. Forcerank LLC ran contests via mobile phone games where players paid a fee and predicted the order in which 10 securities would perform relative…more

Workplace Law Discussed During Final Presidential Debate

Workplace law was once again a topic of discussion during last night’s third and final presidential debate between Hillary Clinton and Donald Trump. While not covered as extensively as during the first debate on September 26, there…more

Loi Travail : les nouvelles règles en matière de durée des accords collectifs

Since August 10, 2016, the rules concerning the duration of collective agreements are changed. Previously, collective agreements in principle were permanent. An express clause could, however, provide a fixed term of up to 5 years…more

Tips for Avoiding Car Accidents

Small things can have a big impact; especially when it comes to following traffic laws. A slight mistake can put your life in danger — and the statistics support this frightening fact…more

FDIC Releases Revised MLA Exam Procedures and Sets Supervisory Expectations

On October 17, the FDIC released revised interagency Military Lending Act (MLA) examination procedures for use in connection with consumer credit transactions occurring on or after October 3, 2016. The revised procedures reflect the…more

Government Tort Claims Act – Claims Presentation Requirements

Emma Esparza v. Kaweah Delta District Hospital - Court of Appeal, Fifth Appellate District (September 21, 2016) - The Government (Tort) Claims Act (the “Act”) mandates that all claims or damages against a public entity must…more

European Securities and Markets Authority Publishes Final Guidelines on Remuneration Practices 

The European Securities and Markets Authority published two sets of final Guidelines on Sound Remuneration Policies under the Undertakings for Collective Investments in Transferable Securities Directive and the Alternative Investment…more

EPA to the Oil and Gas Industry: The Request Is in the Mail

It looks like the Environmental Protection Agency (EPA) will have its own scary treat for the oil and gas industry this Halloween—an information request under Section 114 of the Clean Air Act designed to help EPA regulate methane…more

For Food & Beverage Entrepreneurs, Financing Deals Often Come In More Flavors Than Just Vanilla: Insights from Nutter’s Will Bernat

Will Bernat, a partner in Nutter’s Business Department and a member of the firm’s Emerging Companies and Commercial Finance practice groups, weighed in on financing deals for food and beverage companies in Nutter Insights. Will…more

Your Stipulated Protective Order May Not Provide As Much Protection As You Expect

In a growing number of courts, a negotiated protective order entered for discovery purposes will not protect litigants’ confidential information from public disclosure. Stipulated protective orders are commonly used tools in…more

SEC Division of Enforcement Focuses on Auditor Compliance

Speaking at the American Law Institute’s Conference on Accountants’ Liability in September, Andrew Ceresney, Director of the Division of Enforcement of the Securities and Exchange Commission, reviewed in detail the SEC’s historical and…more

Massachusetts Gaming Update: The Mashpee Wampanoag Tribe’s Revised Game Plan

Tribal gaming may have endured a setback, but perhaps not a complete elimination in the Massachusetts gaming arena. When a U.S. District Court judge determined the federal government erred in approving the Mashpee Wampanoag Tribe’s…more

Coming Up This Term from SCOTUS

One class action-related case, so far: Microsoft v. Baker, case no. 15-457, on certiorari from the Ninth Circuit. The issue: “Whether a federal court of appeals has jurisdiction under both Article III and 28 U.S.C. § 1291 to review…more

Spuds MacKenzie Runs into FCPA/Whistleblower Buzzsaw

Ha. I’m just kidding. I don’t think Spuds MacKenzie has been a thing for years. But his former patron, Anheuser-Busch InBev, ran into some FCPA problems last month, and tacked on a whistleblower charge for good measure…more

Trick or Tweet? Team Trump Gets Sued Over Skittles Twitter Pic

Life may not be bowl of cherries for Mr. Trump’s presidential campaign these days. It’s more like a bowl of Skittles, as that is exactly what landed Team Trump in a copyright infringement suit filed in Chicago federal court on…more

Section 16 Reporting: The SEC is Watching

It is easy to become complacent about Section 16 reporting. Sometimes it seems that the only people paying any attention to Forms 3, 4 and 5 are plaintiffs’ attorneys looking for short-swing profit transactions. Does the SEC even…more

It’s Hunting Season. For Unicorns? Lawsuit Against Theranos Signals Trend In Investors Going After Late-Stage Start-ups

Last week brought more bad news for private blood testing company Theranos Inc., as San Francisco-based Partner Fund Management L.P. (“PFM”) launched a suit claiming that it was duped into making a $96.1 million investment in Theranos…more

Federal Court Orders EPA to Evaluate Job Losses from Air Regulations

On October 17, the U.S. District Court for the Northern District of West Virginia ruled in favor of Murray Energy Corporation (Murray) in its section 321 suit against the U.S. Environmental Protection Agency (EPA). The court ordered…more

Florida’s Minimum Wage to Increase on January 1, 2017

In 2004, Florida voters approved a constitutional amendment that established a statewide minimum wage. The Florida minimum wage applies to all employees in the state who are covered by the federal minimum wage. The Florida minimum wage…more

ISDA Master Agreement: English court considers meaning of “Default Rate”

The English High Court in Lehman Brothers International (Europe) (In Administration) [2016] EWHC 2417 (Ch), in one of a series of cases arising from the Lehman insolvency, has had to consider (among other issues) the meaning of…more

Status of Public Private Partnerships in Texas

In recent years, the state of Texas jumped headlong into public-private partnerships in a variety of different arenas. Often called PPP, 3P or P3, this delivery method has rapidly become the go-to avenue for delivering projects that a…more

FCC Wades Back Into Data Privacy and Security for ISPs With Revised Privacy Proposal

Recently, Federal Communications Commission (FCC or Commission) Chairman Tom Wheeler circulated to the Commission a revised proposed order to regulate the data privacy and security practices of internet service providers (ISPs) (also…more

Claims for a New Abstract Idea are Still Claims to an Abstract Idea, Invalid under §101

In Synopsis, Inc. v. Mentor Graphics Corporation, [2015-1599] (October 17, 2016), the Federal Circuit affirmed summary judgment that claims of U.S. Patent Nos. 5,530,841; 5,680,318; and 5,748,488 were invalid under 35 U.S.C. §101. The…more

U.S. Chemical Safety and Hazard Investigation Board Releases Strategic Plan for 2017-2021

The U.S. Chemical Safety and Hazard Investigation Board (“CSB”) released its Strategic Plan for 2017-2021 today. The Strategic Plan is the result of 18 months of staff and stakeholder development and review. The plan serves as a…more

Next Steps for Residential Lenders in Light of CFPB Approval to Collect Borrowers’ Disaggregated Ethnic and Racial Categories

Lending institutions can implement the use of disaggregated ethnic and racial categories in their home loan applications beginning January 1, 2017, an entire year ahead of HMDA’s original deadline. Overview: The CFPB has issued…more

OSHA Updates and Publishes “Top Ten” Most Frequently Cited Standards

Seyfarth Synopsis: OSHA just updated its annual list of the top ten cited standards. The list provides a starting point for employers reviewing their own safety programs. OSHA just announced the Agency’s annual listing of the “Top…more

Biogen Dodges IPR Bullet on Key Tysabri® Patents

On Monday, the PTAB issued its ruling denying institution of three IPRs challenging Biogen’s patents claiming formulations and methods of treatment using natalizumab. Specifically, the PTAB denied institution of IPR2016-00912…more

AGG Food and Drug Newsletter - October 2016

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC office, and…more

Abandoning Bolam: a new standard for advising on investment risk

There has been a change in how the court will assess whether a financial advisor has used reasonable care and skill when giving investment advice. Following Supreme Court case law in the medical negligence field, Kerr J declined to…more

WV District Court: EPA Has A Non-discretionary Duty Under The CAA To Evaluate Economic Losses Resulting From Government Action

On October 17, the U.S. District Court for the Northern District of West Virginia coalgranted summary judgment to Murray Energy Corporation, which sued the Environmental Protection Agency (EPA) seeking declaratory and injunctive relief…more

CTFC Approves Proposed Rules Addressing Application of Certain CEA Regulations to Cross-Border Transactions

On October 11, 2016, the U.S. Commodity Futures Trading Commission (“CFTC“) unanimously approved proposed rules relating to the application of certain swap provisions of the Commodity Exchange Act (CEA) and CTFC to cross-border…more

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