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Delaying a Bankruptcy for Shareholder Benefit May Benefit the Creditors After All

Equity holders and sponsors be wary - a new arrow may now be available in the quiver of potential causes of action that creditors and trustees can use to maximize their recovery in chapter 11 bankruptcy cases. In a recent decision in…more

DOJ Files Lawsuit Against Minnesota Bank Over Alleged Minority Redlining Practices

On January 13, 2017, the Department of Justice (“DOJ”) announced that it had filed a lawsuit against a Minnesota bank, stemming from allegations that the bank engaged in illegal “redlining” of minority neighborhoods in the…more

Rolls-Royce Global Enforcement Action, Part II

Today I continue my exploration of the Rolls-Royce global corruption enforcement action which included the largest fine to-date under the UK Bribery Act, with its total fines and penalties under three agreements being around £671…more

Merger and Purchase Agreements Governed by Maryland Law: “Best Efforts"

Merger and purchase agreements involving Maryland corporations and REITs may be governed by Maryland law. For lawyers accustomed to agreements governed by Delaware or New York law, we are frequently asked to describe key differences…more

Switzerland and the United States Agree Privacy Shield Framework

The governments of Switzerland and the United States finalised the Swiss-U.S. Privacy Shield Framework on 11 January. The Framework is similar in many respects to the EU-U.S. Privacy Shield, and replaces the U.S.-Swiss Safe Harbor…more

Requiring Non-Competes for Low Level Employees Raises Increasing Risks for Employers

A client recently asked us to draft a non-competition agreement that would prevent entry level machinists from working for a competitor for one year following their departure from employment. When we asked the client about the reasons…more

New "Smart" Form I-9 Goes Into Effect January 22, 2017: Smith Anderson

Beginning January 22, 2017, employers will be required to use a new version of Form I-9 to verify the identity and employment authorization of their workforce. The new version includes a number of substantive changes, as well as…more

EPA Confirms Vehicle Emission Standards for 2022-2025

As expected, on January 12, 2017, the U.S. Environmental Protection Agency (EPA) issued its Final Determination affirming the greenhouse gas (GHG) emission standards for model year 2022-2025 light-duty vehicles. While EPA had until…more

Retailers Seek to Improve Website Accessibility Following Surge of ADA Claims

Retailers have faced a wave of demand letters and lawsuits recently alleging that their websites are inaccessible in violation of the Americans With Disabilities Act of 1990 (the “ADA”), despite the fact that the ADA and its…more

Court Approves Direct Payment Of Reinsurance To Insured In Reliance Insurance Company Liquidation

The court handling the liquidation of Reliance Insurance Company has approved an application for the direct payment of reinsurance proceeds by United Insurance Company to Reliance’s insured, Hoechst Celanese Corporation, with respect…more

Southern District of New York Issues a Troublesome Corporate Privilege Case

Most courts applying privilege principles automatically treat wholly-owned subsidiaries' employees as if they were the parent's employees. However, occasionally courts take a narrower view. In Au New Haven, LLC v. YKK Corp.…more

Summary of FDA Guidance on the Nonproprietary Naming of Biological Products

On January 12, 2017, the U.S. Food and Drug Administration (“FDA”) released a final Guidance for Industry, Nonproprietary Naming of Biological Products, as part of the Agency’s ongoing efforts to implement the Biologics Price…more

Indiana Tax Court deep freezes sales tax exemptions for Warehouse Operator’s purchases of equipment and electricity

In Merchandise Warehouse Co., Inc. v. Indiana Department of State Revenue (Jan. 11, 2017), the Indiana Tax Court rejected a Taxpayer’s request for a sales tax exemption for certain freezer equipment and the electricity used to power…more

Due Diligence for Energy and Commodity Asset Acquisitions

This alert is the first in a series focusing on mergers and acquisitions in the energy and commodities sector. Over the series, we will examine various issues that arise at key stages of the acquisition and divestment…more

Blog: KPMG Surveys Audit Committee Concerns

What are audit committee members’ greatest concerns? Audit committee members participating in KPMG’s 2017 Global Audit Committee Pulse Survey identified risk management as the biggest challenge for audit committees in 2017, with 42% of…more

OSHA Issues Final Rule Clarifying Ongoing Recordkeeping Obligations

OSHA is scheduled to publish a final rule January 19, 2017 in the Federal Register, clarifying an employer’s ongoing duty to correct records of injuries and illnesses. The rule, which modifies 29 CFR Part 1904, will become effective on…more

Obama Administration Finalizes Changes to Home Health Conditions of Participation

CMS has finalized extensive changes to the conditions of participation (CoPs) that home health agencies (HHAs) must meet to participate in the Medicare and Medicaid programs. The rule is intended to provide HHAs with enhanced…more

Supreme Court Decides Lightfoot v. Cendant Mortgage Corporation

On January 18, 2017, the Supreme Court decided Lightfoot v. Cendant Mortgage Corporation, No. 14-1055, holding that Fannie Mae’s corporate charter, which gives Fannie Mae the power “to sue and be sued, and to complain and defend, in…more

Burr Alert: New Requirements of Participation for Skilled Nursing Facilities

On October 4, 2016, The Centers for Medicare and Medicaid Services (“CMS”) released the final rules regarding the requirements of participation for skilled nursing facilities. One of the most significant changes to the regulations is…more

Recent OFCCP settlements remind contractors about importance of recordkeeping

Within the past month, the Office of Federal Contract Compliance Programs has announced two settlements and filed one administrative complaint involving alleged discrimination in the hiring process. Southern Glazer’s Wine and…more

Outgoing Homeland Security Chief: Cyber Security Has Improved But More Work Remains to Be Done

Following an election season characterized by missing emails, private servers and personal laptops, and amidst pervasive allegations of Russian cybercrimes, outgoing Secretary of Homeland Security Jeh C. Johnson issued an exit memo…more

NIOSH Accepting Input on How Best to Protect Workers, Including in Nanotechnology

John Howard, M.D., Director of the National Institute for Occupational Safety and Health (NIOSH), authored a January 10, 2017, NIOSH blog item entitled “Occupational Health Issues in the USA.” Howard shares a recent editorial he wrote…more

Tax Season Becomes "Spear Phishing" Season for Cybercriminals

Imagine this scenario. Your HR team receives an email from your CEO: "I want you to send me W-2s of employees' wage and tax statement for 2015, I need them in PDF file type, you can send it as an attachment." They hurry to get the boss…more

Federal district court certifies interlocutory appeal in CFPB lawsuit against CashCall

The California federal district court judge who is presiding over the CFPB’s lawsuit against CashCall and several related companies that funded, purchased, serviced, and collected online installment loans has granted the defendants’…more

College Pays Bitcoin Ransom to Unlock Encrypted Data

The scourge of “ransomware”—malicious computer viruses that prevent entities from accessing their own data until they pay a ransom—has spread to the higher education sphere. In early January 2017, a California public community…more

Reimbursement Changes for Hospital Off-Campus Provider-Based Departments

Off-campus provider-based departments (PBDs) of hospitals face changes in reimbursement beginning Jan. 1, 2017, the effective date of the Centers for Medicare & Medicaid Services (CMS) outpatient prospective payment system (OPPS) final…more

US and EU Negotiate Covered Agreement on Insurance and Reinsurance Regulation

On January 13, 2017, the US Department of the Treasury and the Office of the US Trade Representative (USTR) announced they have negotiated a “covered agreement” on behalf of the United States (US) with the European Union (EU). The…more

Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and Termination of Pregnancy

As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in Texas…more

340B Update: HRSA Finalizes 340B Pricing & Penalties for Drug Manufacturers

On January 5, 2017, the U.S. Department of Health and Human Services (“HHS”) and the Health Resources and Services Administration (“HRSA”) issued a final rule on the calculation of drug ceiling prices under the 340B Drug Pricing…more

Safeguarding Every Veteran's Benefits: Lessons From Bruce V. Mcdonald, 2017 WL 57172

On January 5, 2017, the United States Court of Appeals for Veterans Claims rejected the assertion by the Veteran’s Administration (VA) and the Board of Veterans Appeals (the Board) that a service member who requested a discharge in…more

Tennessee Health Services and Facilities Report: January 2017 Newsletter

The Tennessee Health Services and Development Agency ("HSDA") is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need ("CON") is a permit for the establishment…more

Volkswagen: When Car Companies Veer Off Course (Part I of III)

Corporate misconduct occurs in a variety of forms. Starting with the basic truism – companies act through people, and when companies engage in misconduct it requires the coordination and collaboration of multiple actors. The scope of…more

Qualifications for Artificial Limb Suppliers, After Only 16 Years

Bill Clinton was President when Congress enacted a law requiring CMS to come up with qualifications for those who make or supply artificial limbs to Medicare patients. It was January 11, 2017, when CMS finally unveiled the proposed…more

Alert: New Federal Law Prohibits Non-Disparagement Provisions in Form Contracts

A new federal law provides protection for US consumers who post negative reviews online.1 The Consumer Review Fairness Act of 2016 (the "Act") prohibits companies from including provisions in their form agreements that ban or impose…more

Herbalife Settles Multi-level Marketing Scheme for $200 Million

Almost 350,000 people who helped run Herbalife businesses are receiving checks from the Federal Trade Commission to compensate them for money lost due to the company’s deceptive earnings claims. Specifically, Herbalife was claiming…more

The Anthem Breach – A Retrospective

Many people and news outlets have opined, weighed in, and informed the public about the 2015 Anthem breach. It is still a hot topic in January 2017, because it currently lines up with other hot stories about hacking ordered by foreign…more

IRS Reduces Built-in Gains Tax Period for REITs to Five Years

One of the key benefits of a real estate investment trust (“REIT”) is that it is effectively a pass through entity for income tax purposes. While a REIT pays tax on its taxable income, it also receives a dividends paid deduction on…more

Florida School Board Settles Pregnancy Discrimination Case with U.S. Department of Justice

The Palm Beach County School Board (“School Board”) recently settled a lawsuit brought by the United States Justice Department alleging that a local school’s principal unlawfully demoted an assistant principal after she became pregnant…more

WORM Out, Blockchain In: The CFTC Proposes to Modernize Recordkeeping Requirements

On January 12, 2017, the Commodity Futures Trading Commission (CFTC) proposed to amend its recordkeeping requirements set forth in Regulation 1.31. The CFTC’s proposed amendments are intended to implement advances in information…more

NY Bankruptcy Court Trumps Insurers Seeking to Compel Arbitration

The United States Bankruptcy Court for the Southern District of New York recently held a group of insurers in contempt for violating a temporary restraining order (“TRO”) aimed at preventing the insurers from using a Bermuda Court to…more

Recent Legislation Offers Small Employers a New HRA Option

A health reimbursement arrangement (HRA) is a funding arrangement under which employers fund health care expenses for their employees on a pre-tax basis. Prior to the Affordable Care Act (ACA), HRAs were popular among small employers…more

Unfair Contract Terms with Small Businesses: Implications for the Construction Industry

The unfair contract term prohibitions in the Competition and Consumer Act 2010 (Cth) were recently extended to cover standard form contracts with small businesses. The new law provides for unfair contract terms to be declared void…more

Los contratos gubernamentales promueven cada vez más los objetivos relacionados con las políticas laborales

El año pasado, el gobierno federal implementó varias normas que exigen que sus contratistas cumplan con ciertos requisitos de trabajo justo. Por ejemplo, una norma federal finalizada en el mes de septiembre exige que los contratistas…more

What's in a Name? A Four-Letter Suffix to Be FDA Compliant

The BPCIA and the Debate Over Naming Biosimilars - Most drugs on the market today are small-molecule compounds with active pharmaceutical ingredients that can be duplicated to create “generic” drugs. It is impossible, however, to…more

Employer Exposure Increases: Emotional Distress Damages in FLSA Cases

The number of federal courts allowing plaintiffs to recover emotional distress damages in Fair Labor Standards Act (FLSA) retaliation cases is expanding, with the Fifth Circuit Court of Appeals last month joining two other circuits…more

The New Cybersecurity Law of China: What does it Mean for the International Market?

On 7 November, the government of the People’s Republic of China passed the much-anticipated Cyber Security Law of China, which will come into force 1 June 2017. After first and second drafts were put out for public consultation in June…more

Los Angeles Community College Pays Ransomware to Retrieve Data

On December 30, 2016, the Los Angeles Community College computer network was kidnapped by cyber criminals requesting a ransom for its return. The ransomware encrypted the college’s entire network system, including email and voice…more

“Rest Until Symptom Recovery” May Not be the Best Medicine for Children and Adolescents Recovering from Acute Concussion

In a study published in the Journal of the American Medical Association (JAMA) on December 20, 2016, Canadian researchers found that children and adolescents who returned to exercise within seven days of experiencing a concussion had…more

USCIS Issues Major New Immigration Regulations for Highly Skilled Workers

On November 18, 2016, USCIS issued an extensive set of revisions to immigration regulations affecting highly skilled workers. The new rules, which go into effect on January 17, 2017, clarify longstanding agency practices and create…more

This Week's Hearings Will Shed Light on Trump Administration's Energy, Environmental Priorities

As Inauguration Day approaches, energy and environmental issues will take center stage with this week’s confirmation hearings for the heads of the Department of Energy (DOE), the Department of the Interior and the Environmental…more

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