Latest Updates

The 2017 Amendments to the Affordable Housing Land Use Appeals Act, General Statutes § 8-30g (Public Act 17-170)

Every year since 1990, when the Connecticut General Assembly first enacted the Affordable Housing Land Use Appeals Act, General Statutes § 8-30g, legislators have filed bills to repeal it, gut it, or substantially amend it. While… more

No Serious Irregularity in Arbitral Award for Failure to Take Account of Evidence

The English High Court recently dismissed a challenge to an arbitral award, holding that the tribunal’s alleged failure to take account of evidence did not amount to a serious irregularity under section 68 of the Arbitration Act 1996… more

Alabama Employers Take Note – Birmingham Joins Ranks of Cities with an Anti-Discrimination Ordinance

Last month, the Birmingham City Council passed an ordinance criminalizing discrimination in education, housing, employment, and public accommodations. The ordinance not only prohibits discrimination based on the federally protected… more

CFPB Files Complaint Alleging Debt-Relief Providers Misrepresented Affiliation with U.S. Government

On October 12, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it filed suit against two debt-relief companies and their owners, and a third company that processed payments for and provided other services in… more

Significant reforms to Australian competition law are about to commence

The most significant changes to Australia’s competition law in over 40 years will take effect in the coming weeks… more

Yakety Yak – Talk Back: Regulators Respond to HVCRE Complaints

On September 27, 2017, the Federal Reserve, FDIC and OCC released a Notice of Proposed Rulemaking (NPR) that they describe as simplifying compliance with certain aspects of the agencies’ risk based capital (RBC) rules to, among other… more

Deeper Dive into Statistics Confirm Rise in Sex Harassment Cases...With Some Caveats

So a few weeks back, I suggested that we were entering into a new era of sexual harassment cases and wondered out loud when the statistics would back up my observations. We now have our first signs. Maybe… more

[Video]This Week in FCPA-Episode 73

Jay and I return for a wide-ranging discussion on some of the top compliance and ethics related stories, including:   1. We discuss our highlights from the recently concluded SCCE 2017 Compliance and Ethics Institute. 2. Mike… more

Reminder: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection

On December 1, 2016, the US Copyright Office replaced its directory of designated agents for receipt of Digital Millennium Copyright Act (DMCA) notices of claimed infringement with a new electronic system. As part of this process, the… more

California Implements Significant Changes in the Employment Application Process, Employee Training, and Protected Leaves

On October 12, 2017, California Governor Jerry Brown signed several bills regulating a wide range of employer actions, everything from the labeling of cleaning fluids to the employment application process. While compliance with all of… more

EU-U.S. Privacy Shield Passes First Annual Review

On October 18, 2017, the European Commission (EU Commission) published its report on the first annual review of the EU-U.S. Privacy Shield Framework (Privacy Shield). The EU Commission confirms that the Privacy Shield ensures an… more

We can Keep Googling the GOOGLE Mark: Supreme Court Denies Cert

Many of us have been eagerly waiting to see whether the Supreme Court would consider Google’s potential genericness… more

IRS Publishes Pension Plan Limitations for 2018

On October 19, 2017, the Internal Revenue Service (“IRS”) announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for the 2018 tax year. The list below details some of the… more

New Commercial Division ADR Rule

On October 11, 2017, Chief Administrative Judge Lawrence Marks amended Rules 10 and 11 of Section 202.70(g) (“Rules of Practice for the Commercial Division”) with respect to Alternative Dispute Resolution (“ADR”)… more

Supreme Court to Hear Microsoft Emails Case

In an order issued on October 16, 2017, the U.S. Supreme Court granted certiorari in United States v. Microsoft Corporation, a case with potentially far-reaching implications for the privacy of electronic data maintained by technology… more

CFPB Student Loan Ombudsman issues sixth annual report

The CFPB has released the sixth annual report of the CFPB Student Loan Ombudsman containing an analysis of approximately 12,900 federal student loan complaints, 7,700 private student loan complaints, and 2,300 debt collection… more

Automated Decision-Making Under the GDPR – A Right for Individuals or A Prohibition for Controllers?

The complexity of the EU General Data Protection Regulation (“GDPR”) is often alleviated by the guidance of regulatory authorities who contribute their practical interpretation of the black letter of the law and provide welcome… more

Orrick's Financial Industry Week In Review

SEC Proposes Rules to Implement FAST Act Mandate to Modernize and Simplify Disclosure - On October 11, 2017, the Securities and Exchange Commission (SEC) proposed amendments "to modernize and simplify disclosure requirements for… more

Tax planning for private corporations and their shareholders - converting income into capital gains

On October 19, 2017, the Department of Finance Canada issued a news release advising that it will not move ahead with proposed measures intended to target the conversion of income into capital gains. The announcement is the result of… more

The Alberta Securities Commission’s Credit for Exemplary Cooperation Program

The Alberta Securities Commission (ASC) announced its new Credit for Exemplary Cooperation in Enforcement Matters Policy (ASC Policy) on October 16, 2017. The ASC Policy sets out the benefits of cooperating with the ASC and the factors… more

SEC Proposes Modernization and Simplification of Regulation S-K

On October 11, 2017, the Securities and Exchange Commission (SEC) voted unanimously to propose amendments to modernize and simplify certain disclosure requirements in Regulation S-K applicable to public companies, investment advisers… more

Alabama CON Report

I. SHPDA Administrative Report - Contested Case AL2017-018, Huntsville Senior Services, LLC d/b/a Regency Remembrances, Huntsville, AL: Proposes to add thirty-two (32) specialty care assisted living beds to an existing seventy-two… more

GDPR Update: Data Protection Officers (Dutch)

In this month’s GDPR Update we address the position of the Data Protection Officer (the DPO). The DPO is a natural person overseeing the processing of personal data within an organisation… more

GDPR Update: Data Protection Officers

In this month’s GDPR Update we address the position of the Data Protection Officer (the DPO). The DPO is a natural person overseeing the processing of personal data within an organisation. The DPO therefore can be seen as an ‘internal… more

High Alert for California Employers and Employers Nationwide for the Second Wave of FCRA Class Actions

The flurry of Fair Credit Reporting Act (“FCRA”) class actions against employers started in or about 2012 and was not limited to California. Many of those lawsuits resulted in significant payouts for violations of one or more of the… more

IRS Announces Employee Benefit Plan Limits for 2018

The Internal Revenue Service (IRS) recently announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2018. Although some of the dollar limits currently in… more

Corporate Communicator - Fall 2017

Recent changes to Nevada corporate law reaffirm Nevada’s commitment to providing directors and officers with maximum deference in the exercise of their fiduciary duties on behalf of Nevada corporations. Specifically, Nevada Senate Bill… more

The Opioid Crisis: Declaring a National Emergency and the Effect on Remote Prescribing through Telemedicine

On July 31, 2017, President Donald Trump’s Commission on Combating Drug Addiction and the Opioid Crisis recommended that he declare the opioid epidemic a national emergency. In August 2017 and again on October 16, 2017, the president… more

Third Circuit Affirms Summary Judgment for Defendant in Titanium Dioxide Price-Fixing Case

WHAT HAPPENED: ..On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the court… more

Shrinking Damages with Smart Data

Recently, an elderly couple – who were both plaintiffs, one for personal injuries and the other for loss of consortium – gave testimony about their active lifestyle (outdoors and in the bedroom) before a slip-and-fall accident. Some of… more

CEO Pay Ratio Disclosure Rule – Implementation Considerations

Despite attempts to delay or eliminate the CEO pay ratio disclosure rule, most U.S. public companies will be required to comply with the rule beginning with their 2018 proxy statement. The CEO pay ratio disclosure rule will require… more

Conference of State Bank Supervisors names fintech advisory panel members

The Conference of State Bank Supervisors has released a list of 33 companies that will serve as members of its Fintech Industry Advisory Panel. According to the CSBS, the Advisory Panel’s purpose is “to support state regulators’… more

UK national security and infrastructure – tougher merger control ahead?

On 17 October, the UK Government published a Green Paper reviewing national security implications of foreign ownership or control, as indicated in this year's Queen's Speech… more

Cryptocurrency Update: CFTC Reaffirms Jurisdiction Over Certain Virtual Currency Transactions

There is little question that virtual currency will be subject to increasing regulatory oversight as it continues its steady march towards the mainstream. On October 17, 2017, the Commodity Futures Trading Commission (CFTC) made that… more

[Webinar] Selected Issues Impacting Biopharma and Medical Device Patent Post-Grant Review Proceedings - November 9th, 12:00pm CT

Join members of Brinks Gilson & Lione's Post-Grant Patent and Medical Device practice groups as they present the webinar, "Selected Issues Impacting Biopharma and Medical Device Patent Post-Grant Review Proceedings." Some of the topics… more

[Audio]K&L Gates Triage: Using Drones in Medicine

Unmanned aircraft, commonly known as “drones,” are gaining traction as a tool used by many industries today, including health care. Researchers are currently studying potential applications for drones in delivering medical supplies to… more

Enforcing Nursing Home Arbitration Agreements Post-Kindred

Just five months ago, the U.S. Supreme Court weighed in on a nursing home arbitration dispute in Kindred Nursing Centers v. Clark. It held that the Kentucky supreme court’s rationale for not enforcing the arbitration agreement was… more

Alberta Court of Appeal Weighs In on Random Drug and Alcohol Testing

Employers in Alberta are likely to have greater latitude in terms of the evidence they can rely upon to justify a policy of random drug or alcohol testing in the workplace, following the decision of the Alberta Court of Appeal in… more

Missouri Appeals Court Vacates $72 Million Verdict For Lack Of Personal Jurisdiction

In a significant defense win applying recent U.S. Supreme Court precedent, a Missouri appeals court reversed and vacated a $72 million judgment for lack of personal jurisdiction. Estate of Jacqueline Fox v. Johnson & Johnson, et al… more

Expect Focus - Life Insurance, Volume III - September 2017

EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. Please see full Publication below for… more

Expect Focus - Life Insurance, Volume III - September 2017

EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. Please see full Publication below for… more

The Higher They Are, The Harder You Fall

You don’t need to be a cable news network, a Hollywood production company, a media mogul or a politician in order to feel the ripple effect from the recent wave of workplace sexual harassment claims. While such harassment claims might… more

Braced for Brexit

As negotiations continue, so do business preparations. Change is almost inevitable but the extent, nature and timing is uncertain. How can such change be addressed in one-off transactions (e.g. M&A) and in on-going relationships (e.g… more

Trade Secret Misappropriation By Ex-Employees In China: How To Confront “Inside Theft”

Article 123 of the General Provisions of the Civil Law of the People’s Republic of China (effective Oct. 1, 2017) confirmed that trade secrets are intellectual property, signifying China’s recognition of the importance of trade secret… more

Unified Credit for Estates & Annual Exclusions for Gifts Increased for 2018

The IRS announced that the Unified Credit for Estates and Annual Exclusion for Gifts will be higher in 2018. Unified Credit Against Estate Tax. For an estate of any decedent dying in calendar year 2018, the basic exclusion amount… more

President Trump Nominates Joe Simons to Chair the Federal Trade Commission; President Also Nominates Noted Consumer Protection Advocate Rohit Chopra to the Commission

President Donald Trump has indicated his intent to nominate Joe Simons, a long-time antitrust lawyer, to chair the Federal Trade Commission (FTC). The President also has indicated his intent to nominate Rohit Chopra as an FTC… more

President Xi Jinping Pledges Sustainable Development to Build a “Beautiful China”

At the 19th National Congress of the Chinese Communist Party, President Xi Jinping asserted his country’s emerging leadership in environmental stewardship and pledged to build a “beautiful China”. In his speech to the 2,300 delegates… more

Departments of Justice and State Announce Joint Effort Targeting Visa-Abusing Employers

The federal government’s intent to increase restrictions on legal and illegal immigration is no secret to any U.S. business. The Trump administration’s various proposals have included ones intended to deal with perceived abuses in the… more

ISO 37001: Training, Employee Concerns, and Internal Investigations (Part V of V)

In my final posting on ISO 37001, I review requirements for training, raising concerns and internal investigations as part of a company’s anti-bribery risk management system… more

The Latest on President Trump's Executive Order

President Donald Trump issued his Presidential proclamation, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats" on Sept. 24, 2017. This order… more

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