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$1 Billion in Credit Assistance Now Available from EPA’s New Water Infrastructure Program

On January 10, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of $1 billion in credit assistance for water infrastructure projects under the new Water Infrastructure Finance and Innovation Act (WIFIA)…more

President Trump's America First Energy Plan

With U.S. President Trump now in office, a look at his "America First Energy Plan" suggests potential directions for his administration. President Trump's energy strategy as posted on the White House website shortly after the…more

Another Great Unknown: the Future of LGBT Protections Under President Trump

During the first few weeks (or even months) in office, President Trump will have a lot of key issues (e.g., healthcare and immigration) on his agenda. What we do not know is whether President Trump and his administration will focus on…more

Recent Federal Circuit Decision Could Change the Game for Inter Partes Review Petitions

With limited exceptions, anyone but the patent owner can challenge the validity of a patent by filing an inter partes review (IPR) petition with the Patent Trial and Appeal Board. Not every IPR petitioner, however, can seek judicial…more

Basic HSR Threshold to Increase to $80.8 Million

The Federal Trade Commission (FTC) announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Once effective, the lowest size-of-transaction filing threshold (also known as the $50 million threshold)…more

Potential Implications to the ACA Under the Incoming Republican Administration – Part II: Physicians

In contemplating the ways in which physicians may be affected by the possible repeal of the Affordable Care Act (ACA)—and certain features of any legislation that may replace it—a good place to start is with the person selected by…more

Forward Movement in January 2017 Visa Bulletin Could Be Offset by Increased Demand

Perhaps in response to the recent presidential election, the demand for immigrant visas has noticeably surged across most employment-based immigrant visa preference categories. While the final action dates for most preference…more

DOJ Settles Mortgage Discrimination Lawsuit Against National Bank for $54 Million

On January 20, the U.S. Attorney’s Office for the Southern District of New York (USAO) announced that it had settled a recently-filed lawsuit against a national bank, resolving allegations of mortgage discrimination. As…more

Beyond Politics — Lessons of Inclusion Relevant to All California Employers

No matter which part of the political spectrum you might find yourself on, whether it be the far left, the alt right, or somewhere in between, this past weekend certainly provides some food for thought applicable to California…more

Update on amendments to Japan's privacy law

The amended Act on the Protection of Personal Information1 (the "Amended APPI") was published on 9 September 2015 and at that time it was further announced that the Amended APPI would come into force within two years from the date of…more

DHS Releases Proposed Amendments to EB-5 Regulations

The Department of Homeland Security (DHS) has released for public comment its amendments to the regulations governing the EB-5 Immigrant Investor classification: The EB-5 Immigrant Investor Program Modernization Rule…more

Draft Rules From the Department of Health Limit the Potential Number of Medical Marijuana Dispensaries

The Department of Health (“DOH”) has issued only seven medical marijuana dispensing organization licenses, and based on draft rules proposed this week, that number may not change…more

A Claim Is for Medical Negligence – Not General Negligence – When “Integrally Related” to a Patient’s Medical Treatment or Diagnosis

Nava v. Saddleback Memorial Medical Center, et al. is the latest in a line of cases regarding the definition of professional negligence in matters involving health care providers and the applicable statute of limitations. The Fourth…more

The FCPA Enforcement Run Continues into 2017

Just when we thought 2016 was over and we could all breathe a sigh of relief, DOJ and the SEC have continued to run with a string of new enforcement actions. To all of those prognosticators, paparazzi, commentators, chicken littles…more

The “New York Promise Agenda” Promises to Increase Employee Protections

On January 9, 2017, New York State Governor Andrew M. Cuomo proposed a package of reforms to promote his vision of social justice within the state. The wide ranging set of proposals included two Executive Orders focused on eliminating…more

2017 Food And Beverage Industry Outlook: Part 1

As 2017 marks the commencement of a new presidential administration, the food and beverage industry is one of many sectors facing anticipated regulatory and legislative reforms. Specifically, the industry can expect to see governmental…more

Reminder: FBARs Due in April Starting This Year

Until now, the Reports of Foreign Bank and Financial Accounts (FBAR) for foreign financial accounts was due on June 30 of each year, for purposes of reporting accounts for the preceding calendar year…more

CPSC Commissioner Ann Marie Buerkle Elected Vice Chair; CPSC under Regulatory Freeze

On January 19, 2017, Commissioners at the Consumer Product Safety Commission elected Commissioner Ann Marie Buerkle to be the next vice chair. Commissioner Buerkle was appointed to the agency by President Obama in May 2013 with a term…more

Minnesota Weekly Legislative Update: Movement on MNsure, Real ID in Short Week

The Minnesota Legislature had a short week, with offices closed on Monday due to Martin Luther King, Jr. Day. On Tuesday, legislators were back and committees continued with introductory hearings and began hearing bills. House…more

How to Conduct Cross-Border Investigations without Losing It

In 2016, the UK did the unthinkable: it voted to leave the European Union. And in the U.S., a dark horse presidential victory was nearly as big a surprise. Both events are impacting U.S. law firms and corporations that do international…more

The Power of Habit and HR Policies

At the start of a new year, many individuals set goals and resolutions, hoping to change bad habits or form new ones. Exercising, eating healthy, reading more books, learning something new, and spending more time with family or friends…more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges?

In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State, are turning to the use of various forms of land development fees to meet their fiscal challenges. In many…more

Alert: DOL Issues Guidance on Shareholder Engagement and Pension Fund Investments

On December 28, the US Department of Labor ("DOL") issued Interpretive Bulletin 2016-01 (published in the Federal Register on December 29, 2016), setting forth its views concerning the legal standards under Sections 402, 403, and 404…more

First Circuit Bankruptcy Appellate Panel Recognizes Rights of Trademark Licensees in Bankruptcy

The First Circuit Bankruptcy Appellate Panel recently issued a decision recognizing the rights of trademark licensees when the trademark’s owner files for bankruptcy. In Mission Product Holdings, Inc. v. Tempnology LLC, 559 B.R…more

Expanded Requirements for Expanded Access: The 21st Century Cures Act Places New Requirements on Manufacturers and Distributors

The 21st Century Cures Act (Cures Act) makes a number of changes affecting the pharmaceutical and biologics industries, and AGG previously has written on some of these changes. This update will focus on how the Cures Act impacts…more

New Year, New Resolutions, New Safe Harbors

As we welcome the new year and its endless possibilities, we also welcome some new Anti-Kickback Statute safe harbors and concomitant business possibilities. In December, the U.S. Department of Health and Human Services Office of…more

[Video]Day 23 of 30 Days to a Better Compliance Program-Answering Questions

I often write about the nuts and bolts of an effective compliance program but one of the most basic things that an effective compliance program must have is a compliance department present to ask the basic questions of compliance to…more

Trump Takes First Step Toward Dismantling ACA and Buys Time with an Executive Order: Is it Substantive or Merely Symbolic?

Hours after taking the oath of office President Donald Trump signed a broadly worded executive order (“Order”) intended to minimize if not eliminate the impact of the ACA’s least popular provisions. With the Order President Trump can…more

Edward Hugler Named Acting Secretary of Labor

According to an announcement on the Department of Labor’s website, Edward Hugler is Acting Secretary of Labor. Hearings before the Senate Health, Education, Labor & Pensions Committee on President Donald Trump’s nomination of Andrew…more

Food and Beverage News and Trends - January 2017 #2

Here comes CRISPR – gene-edited plants will soon hit grocery stores and dinner tables. According to a January 9 article in The New York Times, the longstanding dispute over the regulation of GMOs may soon take a dramatic new turn as a…more

SEC and Drugmaker Allergan Reach Settlement over M&A Disclosure Violations

The U.S. Securities and Exchange Commission and drugmaker Allergan settled claims that Allergan failed to disclose negotiations with third parties following the announcement of a hostile tender offer by Valeant and co-bidder Pershing…more

Perspectives for the Professions: Case Summary: Third Party Accreditation

B.C. College of Optics Inc. v. The College of Opticians of British Columbia, 2016 BCCA 85, allowing an appeal of the lower Court’s finding that the regulator could not require a third-party assessment of a training program as a…more

New Stormwater Rules Effective January 1, 2017

Stormwater management is a concern across the country. The United States Environmental Protection Agency renewed municipal stormwater as one of its National Enforcement Initiatives. North Carolina is no different, and after months of…more

How Will Trump Change The FDA?

President-elect Trump’s plans for his first 100 days in office include “cutting the red tape at the FDA” and “speed[ing] the approval of life-saving medications.” Here, we consider specific steps Trump could take–without or with…more

The Future After Being First: Why I’m Hopeful About The Next Four Years

In the past year, but particularly in the months since November 9, we have been forced to deal with the harsh reality that our nation is severely divided. Our generation, in partnership with our first Black president, has pushed…more

Mexico 2017 Repatriation Tax Amnesty

A new amnesty program to incentivize the repatriation of funds kept abroad by Mexican taxpayers was launched. The program will be open until mid-2017 and participants would be obliged to comply with specific requirements, which include…more

Arizona Legislative Assistance in Correctly Classifying Workersas Independent Contractors

One of the most common and problematic issues confronting employers in every industry today is the misclassification of workers as independent contractors. Such misclassifications are a key enforcement target of both federal and state…more

Employee Benefits Legislation Proposed (But Not Passed) by the Obama Administration

In February of 2015, the Department of Treasury issued a reported entitled “General Explanation of the Administration’s Fiscal Year 2016 Revenue Proposals” (the “General Explanation”). The General Explanation is several hundred pages…more

What Do You Need To Know About New York And Cybersecurity

On March 1, New York will go live with cybersecurity rules for financial service providers such as banks, insurance companies and others subject to the Department of Financial Services’ jurisdiction. At its core, the rules require…more

HM Treasury reminds stakeholders of reporting obligations on operational PPP projects

The voluntary code of conduct for PPPs, first published in July 2013 to encourage efficiencies in operational PPP projects, was amended in December 2016. HM Treasury released a number of forms designed to assist private sector…more

FDA Issues Final Guidance on Benefit-Risk Factors to Consider in Medical Device Product Availability, Compliance, and Enforcement Decisions

On December 27, 2016, the U.S. Food and Drug Administration (FDA) issued a final guidance document entitled "Factors to Consider Regarding Benefit-Risk in Medical Device Product Availability, Compliance, and Enforcement Decisions." The…more

New Construction Stormwater Permit Includes Contentious Liability Provision

On January 19, 2017, the EPA published the 2017 Construction General Permit (CGP) which becomes effective February 16, 2017, replacing the 2012 version. The five-year permit includes all stormwater discharges at construction sites over…more

La comisión del condado de Miami-Dade aprueba ordenanza de viviendas para trabajadores impulsadas a través de incentivos

El 20 de diciembre de 2016, la Junta de Comisionados del Condado de Miami-Dade aprobó una ordenanza propuesta por la comisionada Barbara Jordan que dará incentivos a constructores para que ofrezcan unidades de vivienda a trabajadores…more

Stress Claims Stressing Employers Out

Let’s face it: work can be stressful. So what’s an employer to do when an employee requests a stress-free or less stressful work environment as an accommodation under the Americans with Disabilities Act? As always, it depends. While…more

First Steps: Trump Administration's Initial Executive Actions Target the Affordable Care Act and Obama Administration's Midnight Regulations

On Friday, January 20, 2017—within hours of President Trump’s inauguration—the new Administration took its first executive actions. These executive actions included: President Trump's issuance of an Executive Order titled…more

Post-Inauguration Outlook: ACA, Fiduciary Rule and Retirement-Related Tax Provisions

President Donald Trump took the oath of office on Jan. 20, 2017, officially ushering in Republican control of the executive and legislative branches of government. With Republican control of both houses of Congress, and a new president…more

Defence & Indemnity - December 2016: II. LIABILITY ISSUES B.

B. Where a contract for security services explicitly provides that it is not a contract for insurance and contains an enforceable liability exclusion clause, the security provider will not be liable for the loss. Suhaag…more

In The Midnight Hour: FDA Issues 2 Draft Guidances and a First Amendment Memorandum on the Cusp of a New Administration

Over the past few days, FDA issued three documents related to the scope of permissible communications by drug and device companies to various parties. We believe FDA aimed to accomplish two things through these documents. First, it…more

The Election’s Tilt on the Supreme Court and The Impending Ruling in McLane v. EEOC

President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland, President…more

Connecticut Town Struck by Cyber Fraud

On January 17, 2017, officials in Farmington, Connecticut disclosed that the town was recently the victim of a multi-million dollar theft likely perpetrated by sophisticated cybercriminals operating in China. The thieves intercepted a…more

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