Follow Expert Insight, Commentary, and Intelligence On...

Latest Updates

India Implements Radical Reforms to Insolvency and Rehabilitation System

With a new Insolvency and Bankruptcy Code that has become effective on 1 December 2016, India seeks to expedite the process for creditors seeking payment or foreclosure through the courts. India is currently a tough place to be a…more

Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the West. The…more

Supreme Court Weighs Granting Cert on Bankruptcy Issues Involving Surcharge and Voting Rights of Assignee of Insider Claim

The Supreme Court is considering whether to grant review of two bankruptcy cases. On October 3, 2016, the Supreme Court invited the Solicitor General to file briefs expressing the views of the United States. Because the Supreme…more

Extradition Article - Conditional Requirement

Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that: - The crime must be considered an offense, be punishable in both countries and punishment must be…more

What Are Our Obligations With Regard to a Client’s File?

Recently, while catching up on my “pleasure” reading — the November issue of The Alabama Lawyer — during a lunch break, I came across an article from the Office of General Counsel regarding the “Retention, Storage, Ownership…more

Five Indicted for Alleged $33 Million Fraudulent Mortgage Discharge Scheme

On December 1, 2016, the United States Attorney’s Office for the Southern District of New York, the New York Field Division of the Federal Bureau of Investigation, and the Department of Housing and Urban Development (HUD) announced the…more

Whistleblowers on Campus: DOJ Adds Research Universities to its False Claims Act Focus

Federal funding is the grand prize for higher education research institutions. Each year, the federal government pumps hundreds of millions of dollars in research grants and awards into the university system. These funds are intended…more

New York Court of Appeals Finds 'Repeated, Deliberate Use' of Correspondent Account Sufficient to Establish Personal Jurisdiction Over Non-U.S. Bank

In a decision that has implications for non-U.S. financial institutions with correspondent accounts in New York, a closely divided New York Court of Appeals held on November 22, 2016, that the “[r]epeated, deliberate use [of a New York…more

The Strategic Risk Community Banks May Not Have Considered

Community banks that have not considered the potential for partnership with nonbank financial technology (fintech) companies, alone or in collaboration with other community banks, may not be accounting for the full range of strategic…more

SCC Rectification Decisions to be Released on Friday December 9

The Supreme Court of Canada’s decision in two rectification cases, AG (Canada) v. Fairmont Hotels Inc. (Docket #36606) and Jean Coutu Group (PJC) Inc. v. AG (Canada) (Docket #36505), will be released on Friday December 9, 2016 at 9:45…more

Maryland considers offshore wind applications

Maryland moves closer to offshore wind development, as the state Public Service Commission reviews two applications for offshore wind projects. The Maryland Offshore Energy Act of 2013 contains a number of provisions that would…more

Avoid the leadership vacuum

For any presidential campaign, there usually is an ad about which candidate would you trust to handle the phone call in the wee hours of the morning. You want someone to answer the call instead of it just going to voice mail…more

Sound Marks in China

A sound mark can be registered in China since May 1, 2014. According to a draft Standard of Examination issued by the Chinese Trademark Office, a sound mark can consist of a musical or non-musical sound, or a combination of both…more

California Court Upholds Environmental Impact Report for Golden State Warriors Arena - Ruling Finds That CEQA Doesn't Always Require Quantification of a Project's Greenhouse Gas Emissions

The California First District Court of Appeals issued its decision on Nov. 29, 2016, in Mission Bay Alliance v. Office of Community Investment and Infrastructure et al. The Court of Appeals decision affirmed the July 18, 2016, trial…more

For the Corporate Compliance Department – Communicate, Communicate, then Communicate

In many ways compliance is about communication. Your role as a Chief Compliance Officer (CCO) or compliance practitioner is to communicate expectations around compliance and responding to questions from the business unit on how to do…more

The Senior Managers Regime – is responsibility for a bank's legal function in or out?

On 7 March this year the FCA and PRA’s new Senior Managers Regime (SMR) came into force for banks following a lengthy and extensive consultation. During that consultation we had identified and written about the lack of clarity on the…more

Stopping The Sale of Gray-Market Medical Devices

On November 3, 2016, the US Court of Appeals for the Second Circuit approved an injunction against about 200 importers and sellers preventing them from importing and selling gray market blood-glucose test strips. The case was brought…more

How Trump’s Presidency Could Impact the Commercial Real Estate Market

Many economists believe that the Donald Trump presidency will bring with it an era of higher interest rates, inflationary policies, tax cuts and infrastructure spending. Such an environment would have mixed consequences for the US…more

Michigan State Data Breach and the Value of Preparedness

Michigan State University’s announcement earlier this month that hackers had gained access to a school database of about 400,000 records highlights why colleges and universities are such tempting targets for hackers and just how…more

Australian Border Force targeting shipments to Australia

Australia has recently introduced new requirements which require an importer to certify that their product does not contain asbestos. Australia is one of the few countries in the world that has an absolute ban on asbestos. While…more

Popular on JD Supra

A look at some of the most-read posts published during the last month on JD Supra…more

The New And Evolving Standard For Accommodating Pregnant Employees

When the U.S. Supreme Court issued a March 2015 decision creating a new standard for how employers should accommodate pregnant employees, retailers took notice. After all, approximately 50% of retail employees are female, and in some…more

Las Vegas hockey team revealed: The Golden Knights

A brief update on my post a few months ago about the new NHL team based in Las Vegas, scheduled to begin play in October 2017. As I discussed in my post, the team created some publicity by revealing only part of the team name a few…more

EEOC Issues Updated Guidance to Curb National Origin Discrimination

Whether you enjoyed (or not) the most recent Saturday Night Live skit where Alec Baldwin (as Trump) states he is “going to build that swamp,” the fact is that anti-immigrant rhetoric is on the rise following Trump’s promise to build a…more

FinTech companies: Chartering relief is here

So you are an online lender, a digital currency company or a payments company, and you want to conduct business throughout the United States. How do you get licensed? Easy. You establish a corporate entity, register with FinCEN…more

European Commission Reports on Feedback to the Call for Evidence on the EU Regulatory Framework for Financial Services

The European Commission published a Communication to the European Parliament, the Council of the European Union on the follow-up to its Call for Evidence on the EU regulatory framework for financial services. The European Commission…more

Personal Planning Strategies - December 2016

2017 Estate, Gift and GST Tax Update: What This Means for Your Current Will, Revocable Trust and Estate Plan - As we previously reported, the American Taxpayer Relief Act of 2012 (the "Act") made the following permanent: (1) the…more

Re-Register Takedown Agent or Lose Copyright Shield

If your website allows for posting of user-generated content and you filed an agent designation insulating you from copyright infringement claims, you may be about to lose that legal protection. All existing paper-filed agent…more

Reinsurance Arbitration Award Stands In Face Of Challenges To Rationality And Impartiality Of Decision

Yosemite Insurance Co. (“Yosemite”) lost its challenge to an arbitration award that found Nationwide Mutual Insurance Co. (“Nationwide”) was not required to cover a share of Yosemite’s settlement with the State of California regarding…more

EMPLOYMENT LAW UPDATE: Paid Sick Leave is coming to Morristown, NJ!

Just a reminder that if you are an employer in Morristown, the ordinance regarding providing paid sick leave to employees (including posting requirements) takes effect on January 11, 2017. Morristown is the 13th municipality in NJ to…more

They Are Unhappy Out There

Many workplaces are not happy and bullying at the workplace appears on the rise, so the November 2016 Psychosocial Safety Climate and Better Productivity in Australian Workplaces Report and the Bullying and Harassment in Australian…more

DOT Creates CDL Drug and Alcohol Clearinghouse, Imposing Employer Reporting and Query Obligations

On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new “Commercial Driver’s License Drug and Alcohol Clearinghouse.” The Clearinghouse will provide a central database identifying…more

Le Societa Benefit

Law no. 208 of 28 December 2015 (the "Law of Stability 2016"), entered into force on 1 January 2016, has developed a new formula for the conduct of business: the company for profit that distribute profits, but pursue at the same time…more

Dispute Resolution Provision, in AIA 201-1997 General Conditions, Narrowly Construed by Trial Court

A federal trial court in New Jersey narrowly interpreted the AIA general conditions (Form A201-1997) relating to dispute resolution. Specifically, the court in Blackman Co. v. GE Bus. Fin. Servs., U.S. Dist. LEXIS 87904 (July 7, 2016)…more

OCR Issues Alerts Regarding Phishing Email Disguised as Official OCR Audit Communication

The HHS Office for Civil Rights (OCR) published an alert on November 28 describing a phishing email being circulated on mock HHS departmental letterhead under the signature of OCR Director Jocelyn Samuels. The email prompts recipients…more

Twelve Things to Know About the SEC’s Whistleblower Program

The Securities and Exchange Commission’s whistleblower program, like the whistleblower programs of other government agencies, provides bounties to persons who provide information that leads to successful enforcement actions. Under the…more

CFPB Examination of Auto Repossession Firms: An Unpleasant Surprise!

Tim owns a small company that handles auto repossessions in the local area. He knows very well the state and local statutes and regulations that apply to his business. Tim has a vague notion that the Consumer Financial Protection…more

2016 Breach Roundup, Part I: U.S. State Data Breach Notification Laws Highlights and Trends

In many respects, 2016 has been a remarkable year, but one constant with recent history is that multiple states (six this year) amended their breach notification statutes. As is commonly stated, the U.S. operates under a…more

In the Time of Giving, it’s the Little Things

Many law firms understand how to meet their client’s biggest and most obvious client service preferences. We’ve all laughed about (and learned from) the story of the firm that FedExed its RFP response to UPS and was summarily dismissed…more

One and Done: Stage 3 Forward Auction Ends After Just One Round of Bidding

At the end of Stage 2 of the Spectrum Auction, I wrote about bidder fatigue and the hope that the FCC would drop its spectrum clearing target a couple of notches for Stage 3 to expedite the conclusion of a now seemingly interminable…more

DOL Prevails in Kansas Litigation Challenging Conflict of Interest Rule and Related Exemptions

On November 28, 2016, Judge Crabtree in the U.S. District Court for the District of Kansas ruled in favor of the U.S. Department of Labor and denied the motion for a preliminary injunction filed by the Market Synergy Group, Inc.…more

EU-US Privacy Shield challenged in the European Court of Justice

Just four months after its adoption by the European Commission, the EU-U.S. Privacy Shield is facing its first formal legal challenge. The challenge comes from the Irish advocacy group Digital Rights Ireland, who is joined by…more

Your Daily Dose of Financial News

Blackstone is spinning off a new housing maintenance and rental venture in the form of Invitation Homes LP, which could see an IPO as early as January 2017. Invitation Homes is the culmination of a four-year, $10 billion investment…more

On the Horizon: Will the 2017 Real Estate Market Affect Your Family Business?

Many family offices and established family businesses have a great deal invested in real estate. For some, these are active investments involving development, construction and sale. For others, these are either residential properties…more

Office of the Comptroller of Currency to Issue Charters to Fintech Companies

On Friday, December 2, the Office of the Comptroller of Currency (OCC) announced that it would start considering applications for special purpose national bank charters from financial technology (fintech) companies. The OCC believes…more

First Group of Lifeline Broadband Providers Designated by the FCC

On December 1, 2016, the FCC somewhat unexpectedly issued an order approving four Lifeline Broadband Provider (“LBP”) applications, which will permit the companies to receive Lifeline support for the provision of broadband Internet…more

EPA Releases CERCLA Financial Assurance Rule

EPA has released its long-awaited proposed CERCLA financial assurance regulations for the hardrock mining industry. When finalized, these regulations will serve as a model for financial assurance regulations for other industries. Also…more

FriendFinder Data Breach Exposes 400 million+ Accounts

FriendFinder Networks is a company in the adult entertainment, social networking, and online dating space. Several databases from FriendFinder Networks web sites with more than 412 million accounts, including usernames, e-mails, and…more

Rhode Island Wants to be the First State to Offer 5G; Releases RFI

The state of Rhode Island plans to be the first state to test and launch next generation 5G networks, seeking to make 5G available to all of its communities. This past week, Governor Gina Raimondo announced a joint effort by the…more

(US) With New Laws, It Just Got Easier to Demolish Blighted Properties in Pennsylvania

Blighted residential and commercial properties are a major impediment to rehabilitation and redevelopment efforts in cities and towns throughout Pennsylvania. However, late in the 2016 legislative term, the Pennsylvania House and…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Lane Powell offers a sophisticated practice in ERISA-related matters, from the formation and administration of ERISA plans, to the litigation of ERISA-related claims. Lane Powell has nationally…

[ About | Legal Updates ]