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New York State Department of Financial Services Issues Final Cybersecurity Regulations

On February 16, 2017, the New York State Department of Financial Services ("DFS") issued final cybersecurity regulations (the "Final Regulations"), with extensive requirements for cybersecurity programs by entities regulated by DFS…more

Healthcare & Life Sciences Private Equity Deal Tracker: Xenex Secures $38 Million in Funding

Xenex Disinfection Services has announced it has received $38 million in funding. Xenex, based in San Antonio, is the developer of a pulsed xenon full spectrum UV room disinfection system for use in healthcare facilities…more

Nesting

Everyone knows what “nesting” means in the context of being pregnant, but what does it mean in the context of custody? By definition, a bird’s nest custody arrangement is a shared physical custody schedule, whereby, children reside in…more

Form SHC Deadline Approaching for Investment Advisers and Other Reporters

Investment advisers should take note that they may be required to file Treasury International Capital Benchmark (TIC) Form SHC by Friday, March 3, 2017.1 The following summarizes the requirements of TIC Form SHC…more

Improvidently Granted Appeal Statistically Yields Sampling Uncertainty

The Fourth Circuit Court of Appeals agreed in 2015 to hear an interlocutory appeal of a district court’s decision to prohibit a qui tam relator from using statistical sampling to prove liability and damages in a False Claims Act (FCA)…more

When Will a Canadian Corporation be Treated as a Passive Foreign Investment Company?

A Canadian corporation will generally be a passive foreign investment company or “PFIC” if, for a tax year, (a) 75% or more of its gross income is passive income (the “PFIC income test”) or (b) 50% or more of the value of its assets…more

The Federal Circuit Found Direct Infringement Attributable to Physicians Where “No Single Actor Performs All Steps of a Claim"

Can a patient’s action in taking a generic drug be attributable to a physician such that it can support a finding of the physician’s direct patent infringement? According to a recent precedential opinion of the Court of Appeals for the…more

Ethics Chief Gets Permanent Appointment; Case Overview Shows Agency's Vital Role

A week ago today, on Feb. 17, the Massachusetts State Ethics Commission announced the appointment of David A. Wilson as its executive director, where he’s responsible for administering and enforcing the state’s conflict of interest and…more

DC Court of Appeals Orders Rehearing of PHH v. CFPB

On February 16, 2017, the United States Court of Appeals for the DC Circuit granted Respondent Consumer Financial Protection Bureau’s (CFPB) petition for rehearing en banc of PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir.). In doing so, the…more

New D.C. Law Restricts Employer Use of Credit Histories in Employment Decisions

On February 15, 2017, Washington, D.C., Mayor Muriel Bowser signed into law the District of Columbia’s Fair Credit in Employment Amendment Act of 2016 (FCEAA). This Act, which amends the District’s Human Rights Act of 1977, follows…more

SEC Prevails in Another Trial

The Commission prevailed in another trial last week with a jury finding in its favor and against the defendant. This action centered on misrepresentations made by a borrower to a broker in connection with margin loans. SEC v. Hall…more

Employee Monitoring: A How-To Guide

Federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and internet use on employer-owned equipment or…more

The New LMAA Terms 2017

The London Maritime Arbitrators Association (LMAA) has published a set of new terms, the LMAA Terms 2017, which are due to come into effect for appointments on or after 1 May 2017. They seek to improve the time and cost-efficiency of…more

News from Second and State

Weekly Wrap - The House of Representatives and Senate Appropriations Committees began budget hearings this week to examine Governor Wolf’s proposed 2017-2018 Fiscal Year budget. Monday was a state Holiday, but on Tuesday, both…more

Applying Product Liability Theory, Washington State Sues for PCB Damages

In an effort to use product liability theories to hold manufacturers culpable for environmental releases, the Attorney General of Washington State sued PCB manufacturer Monsanto in state court in December. See Complaint, Washington v…more

Data Breaches: An Employer’s Duty to Protect Employees’ Personal Information

It is tax season, which means that criminals are busy trying to steal people’s tax information (e.g., names, addresses, social security numbers, income information), which they can use to file fraudulent tax returns and steal tax…more

Another Canadian Decision Reaches Outside Canada

This fascinating Ontario case deals with an Alberta-based individual who complained of certain material that was re-published on the website Globe24h.com based in Romania. The server that hosted the website was located in Romania. The…more

Supreme Court Addresses Scope of Patent Infringement Under Section 271(f)(1)

Section 271(f)(1) of the Patent Act provides that a party infringes a patent claim when it "supplies or causes to be supplied in or from the United States all or a substantial portion of the components of a patented invention … in such…more

PTAB Rejects Flawed Inherency Argument Against Drug Composition Patent

On February 3, 2017, the PTAB denied a petition by Amneal Pharmaceuticals LLC (“Amneal”) to institute an inter partes review of Hospira Inc.’s patent directed to pharmaceutical compositions of the sedative dexmedetomidine..…more

ITC Flourishes in 2016 As District Courts and PTAB Wither

As we have previously reported here, 2016 was a banner year for Section 337 proceedings at the ITC. Sixty new Section 337 related complaints were filed at the ITC—a 50% increase over the previous year. 2016’s tally exceeds the number…more

State Water Board Releases Latest Round of Proposed Emergency Drought Regulations for California*

The State Water Resources Control Board released this week a formal proposal to extend the emergency statewide drought regulations that have been in effect for California in various forms since early 2015. Cities, counties, water…more

What Patents Can Be Challenged in the Patent Office as “Covered Business Methods”?

Perhaps your firm is a bank or insurer has been sued for infringing a “business method” patent. Or your firm owns such a patent, and must decide whether to sue a competitor for infringing it. Or your company is simply trying to…more

Defamation Law Series: Court Affirms Dismissal Of Claims Against Actor Marlon Wayans

In Daniel v. Wayans, The California Court of Appeal recently affirmed a trial court’s decision to grant actor Marlon Wayans’ anti-SLAPP motion against Pierre Daniel. Daniel worked as an extra on the movie A Haunted House 2, which…more

Senators Send Letter To White House Counsel Regarding Carl Icahn Concerns

On February 13, 2017, seven democratic Senators sent a letter to White House Counsel Don McGahn requesting details on Carl Icahn’s role in the Trump Administration and the extent of his influence over the Renewable Fuel Standard (RFS)…more

LGBT Rights Up in the Air

Changes that may impact LGBT rights in the workplace have employers spinning. This week's news about the Trump administration’s rescission of federal guidance allowing transgender students to use bathrooms corresponding to their gender…more

Pre-contractual Negotiations – a New Codified French Regime

New French contract law provisions are now in force and apply to any contracts concluded after 1 October 2016. In previous related client alerts, we outlined this legal revolution in France and described the new recognition of…more

Lessons from the SEC’s Whistleblower Anti-Retaliation Cases

Originally published in NSCP Currents - February 2017. While announcements of large cash awards grab most of the spotlight for the Securities and Exchange Commission’s (SEC or the Commission) whistleblower program, SEC officers…more

Mandatory Disclosure of Third-Party Funding Agreements for Proposed Class Action Lawsuits

For years, certain lenders have agreed to fund all or part of a party’s litigation costs, usually in exchange for an agreed share of any recovered proceeds, as part of a practice called “third-party litigation funding.” This has…more

Blog: 2017 M&A Trends Series: Negotiating Anti-Reliance Language

Buyers continued to assert fraud claims in private deals with increasing alacrity. In a typical claim, a buyer may allege that management provided information during due diligence regarding the company that misrepresented the company’s…more

Transactional Data Reporting: A Brave New World

As part of its Category Management initiative, the U.S. General Services Administration (“GSA”) has piloted the Transactional Data Reporting rule (“TDR”), which is meant to provide a greater degree of transparency into the federal and…more

NY DFS Cybersecurity Regulations Take Effect March 1, 2017

We previously reported on the New York Department of Financial Services’ proposed cybersecurity regulations. During the public comment period, the DFS received over 150 comments. In response, the DFS announced on December 28, 2016…more

Plaintiffs in Another Case Challenging CFPB's Constitutionality Move to Intervene in PHH Case

The plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew have filed a "Motion To Intervene In Any En Banc Proceeding That May Be Granted" in the PHH case. The motion follows the D.C. federal district court's denial of…more

NY Proposed Budget Would Expand NYDFS Authority over FinTech Lending Companies

Lender license requirements recently included in the New York governor’s proposed 2017-2018 budget would expand the jurisdiction of the New York State Department of Financial Services (NYDFS) to cover many financial technology…more

Rescinded Guidance on Transgender Students’ Access to Sex-Segregated Facilities Raises Questions for Educators

In the latest chapter in the saga of evolving legal rights and protections for transgender students, on Feb. 22, the Departments of Justice and Education issued a joint “Dear Colleague Letter” that rescinded their prior guidance on…more

Reporting of U.S. Ownership on TIC Form SHC Due by March

The U.S. Department of the Treasury (“Treasury”) is currently collecting data from U.S. institutions in connection with its mandatory five-year benchmark survey of the ownership of foreign securities by U.S. residents. For purposes of…more

Ohio's New Law Altering the Concealed Carry Obligations of Employers Goes Into Effect in March

The effective date of Ohio’s new concealed carry law that will alter the ability of Ohio’s employers to ban firearms on their property and premises is quickly approaching. Signed by Governor John Kasich on December 19, 2016, Senate…more

Editing the future: A brief introduction to CRISPR

For those with an interest in life sciences, the rise to prominence of CRISPR has been impossible to ignore. It seems a day does not go by without the discovery of a new application for the technology or a new variant of one of the…more

European Regulators to Take Risk-Based Approach to Variation Margin Compliance

On February 23, 2017, the European Supervisory Authorities (ESAs) announced that neither the ESAs nor competent authorities (CAs) would provide over-the-counter (OTC) derivatives dealers subject to European Market Infrastructure…more

Trump Administration Clamping Down on Regulatory Activity with Controversial “One-In, Two-Out” Order

The Trump Administration has made an effort to clamp down on regulatory activity by his executive branch, issuing an executive order directing agencies to repeal two regulations for each one rule they issue (“one-in, two-out”) and…more

Qatar: A Promising Start

Originally published in Islamic Finance News - February 22nd, 2017. The last month presented an opportunity to reflect on the performance of the banking sector in Qatar during the past year, with the majority of the banks…more

Albany County Enacts Legislation Prohibiting Inquiries into Criminal Convictions for County Employment

Following a national trend to “ban the box” on job applications, on February 13, 2017, the Albany County Legislature passed legislation prohibiting Albany County from inquiring about an applicant’s criminal conviction history until…more

D.C. Circuit Agrees to Hear Controversial PHH Case En Banc

On Feb. 16, 2017, the D.C. Circuit granted the CFPB’s petition to rehear en banc the court’s landmark October 2016 decision finding that the structure of the CFPB was unconstitutional. In its Feb. 16, 2017, order the D.C. Circuit…more

Who Would Face Liability For Oroville Dam Management?

On Feb. 12, 2017, the Butte County, California, sheriff ordered the evacuation of more than 180,000 people in the communities surrounding California’s Oroville Dam after officials spotted severe erosion in the dam’s emergency spillway…more

[Video]Employment Law This Week: DC’s Paid Leave Law, NYSDOL Regulations Revoked, Outsourcing Violated the NLRA, HHS Regulations Affect Employers

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact…more

Continuing to Adjust Penalties: The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (“2015 Act”) became law in November 2015. The stated purpose of the 2015 Act is “to improve the effectiveness of civil monetary penalties and to maintain…more

Blog: For The Avoidance Of Doubt, Acting Corp Fin Director Confirms Conflict Minerals And Pay-Ratio Disclosure Rules Still In Effect

As reported by the WSJ, at the SEC Speaks conference today, to avoid any doubt on the matter, Acting Corp Fin Director Shelley Parratt reminded companies that, notwithstanding the two requests for public comment issued by Acting SEC…more

U.S. Department of Justice and Department of Education Rescind Obama Era Guidance on Transgender Students

On February 22, 2017, in its first “Dear Colleague Letter,” the Trump Administration withdrew existing U.S. Department of Justice and Department of Education guidance that interpreted Title IX’s protections against sex discrimination…more

Under the Dark of Night, DOJ Moves the Compliance Ball (Part I of IV)

In an unusual move, the Justice Department issued an important document in the dead of night – Evaluation of Corporate Compliance Programs. We have no explanation from the Justice Department for the issuance of this document. I…more

California Court Blocks Local Measure Banning Ground Application of Biosolids

In a victory for municipalities that recycle biosolids to farmland, Los Angeles’ sanitation district prevailed in its suit against a Kern County initiative banning land application of biosolids. See County Sanitation Dist. No. 2 of Los…more

[Video]Your Cyber Minute: Current GDPR regulatory and enforcement landscape

The conversation continues with Partner Harriet Pearson and Head of our Privacy and Cybersecurity practice in Europe Eduardo Ustaran as they go deeper into what clients need to know when it comes to compliance around the Global Data…more

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