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Update On Proposed Tax Regulations Affecting Availability of Valuation Discounts to Family Business Owners

In September, we posted a blog discussing the Treasury Department’s issuance of proposed regulations under Section 2704 of the Internal Revenue Code (sometimes referred to as the 2704 proposed regulations) that could significantly…more

How to Prepare for Your First IEP Meeting

Public schools are required to create an Individualized Education Program (IEP) for each child receiving special education services. This legally binding document outlines the educational program and special services that a child with…more

Getting the Deal Through — Electricity Regulation 2017: Czech Republic

1 Policy and law - What is the government policy and legislative framework for the electricity sector? The goals of the Czech Republic in the energy sector, including the preferred fuel mix, are outlined in State Energy…more

Ohio Supreme Court Rules Concurrent Benefit Awards Not Authorized by Law

Yesterday, in a 5-2 opinion, the Ohio Supreme Court ruled that the Ohio Industrial Commission had abused its discretion when it awarded concurrent benefits to an injured worker (State ex rel. Ohio Presbyterian Retirement Servs., Inc. v…more

Injunction Against Dismissed Party Remanded to Make Sure it Had its Day in Court

In Asmark Danmark A/S v. CMI USA Inc., [2016-1026, 2016-1183] (December 6, 2016), the Federal Circuit affirmed the district court’s rulings on infringement, invalidity and damages, but remanded as to the injunction insofar as it…more

Prop. 64 – The Basics: Q&A on Marijuana Legalization

Last week, Best Best & Krieger presented the first in a series of webinars on Proposition 64 and marijuana legalization in California. Such an interesting topic yielded many questions — some of which we have selected to answer below…more

Better Healthcare Newsletter from Patrick Malone - December 2016

Give a lasting holiday gift of health: Volunteer for a medical research study - That toy the kids whined about for weeks may be broken hours after emerging from the box. The gift card you gave will be frittered away, probably on…more

Controversial 60 Minutes Segment on “Drive-By” ADA Lawsuits Highlights Negative Aspect of the Law

Seyfarth Synopsis: Here’s our take on Sunday’s 60 Minutes episode on “drive-by” abusive ADA Title III lawsuits and the legislative efforts to address them. 60 Minutes aired a segment about ADA Title III “drive-by” lawsuits on…more

Court Orders Defendant to Produce Additional ESI Responsive to 78 “Unopposed” Search Terms: eDiscovery Case Law

In Venturdyne, Ltd. d/b/a Scientific Dust Collectors v. Carbonyx, Inc., d/b/a Carbonyx Carbon Technologies, et. al., No. 14-00351 (N.D. Ind., Nov. 15, 2016), Indiana District Judge John E. Martin ordered the defendant to produce…more

Part Time Workers Must Be Offered Additional Hours: San Jose’s Opportunity to Work Ordinance (Effective March 2017)

In the recent election, San Jose voters passed a voter initiative creating the “Opportunity to Work” ordinance. The purpose of the ordinance, which will become effective on March 13, 2017, is to promote full-time jobs and to prevent…more

Supreme Court Takes Small Bite of Apple, Leaves Bigger Questions Aside on Design Patent Damages

A unanimous Supreme Court held in Samsung Electronics Co. v. Apple Inc. that Section 289 of the Patent Act does not demand that the entire, infringing end-user product be the basis for determining damages for design patent…more

How the Grinch Stole Christmas? Hard Lessons from the Federal Eleventh Circuit

This week, the Federal Eleventh Circuit stole an unwitting appellant’s Christmas in Parker Auto Body, Inc. v. State Farm Mutual Automobile I, No. 16-15470 (11th Cir. Dec. 5, 2016)…more

The New Form I-9

The U.S. Citizenship and Immigration Services (USCIS) released a new version of the Form I-9 Employment Eligibility Verification (Form I-9), which is effective immediately. Employers may continue to use the current Form I-9 through…more

Extradition Article - Introduction

The head Interpol officer is elected by a two/third majority of the delegate. Each country has their own delegates in its country, the head Interpol officer is based in Lyon, France, he can remain in office for a period of 4 years, and…more

Another Hit to the Overtime Regulations

In a move that looks to be one of the final nails in the coffin of the overtime regulation amendments, Donald Trump has tabbed fast-food honcho Andrew Puzder to head the labor department. Mr. Puzder was vocally opposed to the…more

How fintech deals are reshaping financial services

As fintech takes a prominent role in the financial services industry, major institutions are looking to capitalise on innovation by working with the most ambitious and brightest startups. In much the same way that digitalisation…more

Final BLM Planning 2.0 Rule Released

The Bureau of Land Management (“BLM”) has released its final Planning 2.0 rule for publication in the Federal Register. It will be effective 30 days after publication. The rule represents a comprehensive change to the planning…more

Supreme Court Rejects Mandatory Dismissal for an FCA Seal Breach

The Supreme Court held that a relator’s breach of the seal in a qui tam case does not require mandatory dismissal of the complaint, but the Court declined to articulate what factors are appropriate to consider in determining whether…more

In Rare Insider Trading Decision, Supreme Court Declines to Restrict Scope of Personal Benefit Required to Impose Liability on Tippers and Tippees

The Supreme Court issued its decision in Salman v. United States on Tuesday, unanimously affirming the conviction of Petitioner Bassam Salman. Following a circuit split on the issue of “gift-giving” and personal benefits, the Supreme…more

Advisors Advantage - December 2016

A "Crystal Ball" On Life After The New ERISA Fiduciary Rule. We can see the future if we look closely enough. The Department of Labor's (DOL) new fiduciary rule that is going to go in effect in April 2017 is going to have a…more

New DMCA Exemption Allows Consumers to Hack Their Own Vehicles

White & Case Technology Newsflash In a world in which we will soon see fully-autonomous, self-driving vehicles on the road, the Digital Millennium Copyright Act ("DMCA") appears to have taken at least one major step towards supporting…more

Consultation Begins Over Possible UK Corporate Governance Reform

The Department for Business, Energy & Industrial Strategy (BEIS) has recently published a Green Paper on options for future corporate governance reform. The Government’s stated objective is to put in place “the right checks and…more

Review of Section 101 Decisions by the Federal Circuit

Since the Supreme Court decided Alice Corp. v. CLS Bank Int’l in 2014, patent practitioners and the courts alike have struggled to find clarity in the patent eligibility framework of 35 U.S.C. § 101. For the Federal Circuit in…more

Whistleblowing Procedure under French Law

France’s new Law on Transparency and Anti-Corruption aims to bring cohesion to the fractured system for whistleblowing rules and procedures in the country. Until the 8 November vote on the Law on Transparency and…more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #10

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their practice…more

Cybersecurity 2017 – The Year in Preview: Energy and Security

Editor’s note: This is the fifth in a continuing end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, HIPAA compliance, and emerging threats. Our last post will focus on federal…more

No Pay for Student Athletes’ Play, Seventh Circuit Affirms

Adding to the growing body of case law dealing with the employment status of college students vis-à-vis institutions of higher learning where they are enrolled, the U.S. Court of Appeals for the Seventh Circuit recently ruled — as a…more

Upcoming Employee Benefit Plan December Deadlines

This client alert follows up on our prior alert titled, "Employee Benefit Plan Filing Deadlines." The following are the most common applicable filing deadlines for calendar year plans for December 2016…more

Update on Recent Telehealth Legislation Activity

On November 29, 2016, the Senate passed the Expanding Capacity for Health Outcomes Act, S. 2873 (the ECHO Act) in a 97-0 vote, which would require HHS to study and report on the use of telehealth services that connect specialists with…more

Williams Mullen On Call Q&A: Virginia Chamber President Speaks Out on Health Care Issues

Williams Mullen recently interviewed Virginia Chamber of Commerce President and CEO Barry DuVal to obtain the Virginia business community’s perspective on the current health care system and health reform. Mr. DuVal provided the…more

Employers & Health Coverage Providers: You Have More Time in 2017 to Provide Information Forms to Covered Individuals

The IRS extended the 2017 due date for employers and coverage providers to furnish information statements to individuals. The due dates to file those returns with the IRS are not extended…more

U.S. Supreme Court to Hear Case on Patent Exhaustion

On December 2, 2016, the Supreme Court granted certiorari in a case regarding the scope of patent exhaustion, including whether foreign sales exhaust U.S. patent rights and if post-sale restrictions on patented items are permissible…more

What Employers Need To Know About Mandatory Payroll Deduction Savings Programs

Administering and providing retirement benefits can present difficulties to employers. If you offer such benefits, you must choose and monitor service providers, offer prudent investment options, and administer benefits, among other…more

Cuban Entrepreneurs Ask President-Elect Trump to Continue Opening Trade Relations with Cuba

The U.S. advocacy group, Engage Cuba, announced yesterday that a group of Cuban entrepreneurs has penned a letter to President-elect Trump, asking him to continue opening trade and relations between the U.S. and Cuba…more

Guidance on Biosimilar Submission Requirements in Canada

Health Canada, the federal regulatory authority that evaluates the safety, efficacy, and quality of drugs available in Canada recently released a revised Guidance Document on Information and Submission Requirements for Biosimilar Drugs…more

Auction service providers under investigation for suspected anti-competitive practices in UK

On 22 November 2016, the Competition Market Authority (CMA) announced the opening of an initial investigation into suspected breaches of competition law in relation to the supply of auction services in the UK. The CMA announced…more

Legislative Solutions: 2017 Virginia and North Carolina Legislative Preview

Business leaders recognize the importance of seeking legal counsel to navigate the complex laws and regulations governing health care. However, changing business practices to comply with the legal landscape can be costly, time…more

Marquee Energy Appeal Reaffirms Plans of Arrangement Law in Canada

In a decision released on November 15, 2016, the Alberta Court of Appeal allowed the appeal of Marquee Energy Ltd. (Marquee) from a prior decision of the Court of Queen's Bench of Alberta which had required, as a condition to any final…more

FERC Proposes Wide-Ranging New Regulations to Remedy Barriers to Wholesale Market Participation by Energy Storage and Distributed Energy Resources

At its November 17, 2016 Open Meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) proposed to amend its regulations to address and remove barriers to the participation of electric storage resources and…more

What Employers Need To Know About Puzder’s Selection As Labor Secretary

President-elect Donald Trump has announced that he would nominate Andrew Puzder to be the next Secretary of Labor. This Cabinet-level position heads the U.S. Department of Labor (USDOL), one of the federal agencies that has the widest…more

Reaction to Uncertainty in Affordable Housing Industry Brought on by Trump Election

The 2016 Election has created more questions than answers for the affordable housing industry. Very little is known about President-elect Trump's vision for affordable housing. On one hand, Mr. Trump has described himself as an…more

California's New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?

A trap for unwary manufacturers and retailers is the California Air Resources Board (CARB) regulations for consumer and other products sold in the state. These rules limit the concentrations of volatile organic compounds (VOCs) and…more

DOL Worm About to Turn

President-Elect Trump continued on his streak of appointing controversial cabinet members today when he announced Andrew Puzder as his choice to head the DOL. Mr. Puzder’s name may be familiar to those of you who crave charcoal-broiled…more

Law on elimination of administrative barriers for export of services came into force (Ukrainian)

December 3, 2016 came into force the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine (regarding the removal of administrative barriers to exports of services)" number 1724-VIII, which was adopted by the Verkhovna…more

U.S. Supreme Court Confirms that a Corporate Insider Receives a “Personal Benefit” by Providing Confidential Information to a Trading Relative or Friend, Affirming Conviction for Insider Trading

In Salman v. United States, No. 15-628, 580 U.S. ___, 2016 WL 7078448 (2016), the United States Supreme Court (Alito, J.) unanimously affirmed the insider trading conviction of petitioner Bassam Salman on the ground that Mr. Salman’s…more

Law on elimination of administrative barriers for export of services came into force

The Law of Ukraine “On amendments to certain Ukrainian legislative acts (regarding elimination of administrative barriers for export of services)” No. 1724-VIII came into force on 3 December 2016; the law was adopted by the Verkhovna…more

Pennsylvania Tap Marker Requirements Pulled Under Act 166

Pennsylvania’s onerous liquor laws continue to modernize under new enactments. Previously, each brand of beer on tap had to have its own branded tap marker as a part of its draught system. Many breweries and restaurants had tap boxes…more

Shock the Monkey: Police Officer Photo Post on Social Media Costs Him His Job

When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably racist)…more

CI Games S.A. v. Destination Films - USDC, Central District of California, October 25, 2016

District court denies defendants’ motion to dismiss claim that Sony Pictures’ film “Sniper: Ghost Shooter” infringed trademarked title of plaintiff’s video game “Sniper: Ghost Warrior,” clarifying applicability of Rogers test in Ninth…more

In the Wake of the Election, What’s Next for State Drug Pricing Initiatives?

A Trump victory was not the only surprise on election night. California’s drug pricing initiative, which would have required state agencies to negotiate drug prices at least as low as those paid by the U.S. Department of Veterans…more

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