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U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin – September 2017 Edition

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity and… more

Break Fees Can Cause Broken M&A Deals

Given ongoing competition between buyers in a strong sellers’ market, the resilience of seller break fees as a feature of the European M&A market is surprising. According to the Latham & Watkins 2017 European Private M&A Market Study… more

Wildfires Rage: Insurance Advice for Recovery After the Smoke Clears

Some guiding principles, taken from decades of experience representing insurance policyholders in California and around the globe - The Wine Country fires, and the uncertainty of their cause, may complicate insurance recovery… more

EU expands sanctions against North Korea, as well as Russia and Libya

The EU has adopted a wide range of new sanctions measures against North Korea including a broad investment ban applicable across all sectors. In addition, the EU has designated certain Russian persons involved in a transfer of gas… more

Court of Appeal confirms jurisdiction over Zambia environmental damage claims against UK-domiciled parent and local subsidiary

The Court of Appeal last week upheld jurisdiction over claims by Zambian citizens arising from discharges from a copper mine. In Lungowe & Ors v. Vedanta Resources Plc & Anor [2017] EWCA Civ 1528, Jackson, Simon and Asplin LJJ… more

Insurance Claims and Autonomous Vehicles

The adoption of autonomous vehicles will have profound legal consequences for insurance claims and liability laws. As vehicles with increasingly sophisticated autonomous driving capabilities proliferate, industry experts expect… more

In the Wake of Equifax: What Auto Dealers Need to Know About Data Privacy

Following the recent Equifax data breach wherein millions of consumers’ private information may have been compromised, it is increasingly clear that consumer-interfacing businesses need to, and in some cases are required to, take steps… more

Professor Bainbridge Precises Corporate Philanthropy

Earlier this week, UCLA Law School Professor Stephen Bainbridge precised the question of corporate philanthropy. He notes “Virtually all states have adopted statutes specifically granting corporations the power to make charitable… more

Find those “missing” plan participants

Missing plan participants are usually only an issue when a retirement plan decides to terminate and wants to avoid dragging out the process and having to file another Form 5500… more

PTAB Extends Deadline to Decide IPR Motion to Amend in view of Aqua Products

The PTAB extended the deadline for issuing its IPR final written decision on a motion to amend by up to six months to provide additional time to consider the impact of the Federal Circuit’s recent en banc Aqua Products opinion in… more

Becoming the Focal Point: Using E-Discovery Process and Technology to Bring Value to Business Units and Upper Management

Tom Mullane is a veteran in the e-discovery industry, currently working as the E-Discovery Process Manager at United Technologies Corporation. UTC is a global company with various business units, a quarter of a million employees… more

Google Requests Contempt Order For $10,000 Sanctions Per Day Against…Google: eDiscovery Case Law

Last month, we wrote that Google went 0 for 2 in August in its request for review of warrant cases related to the Stored Communications Act of 1986 (SCA) and the order to produce ESI stored internationally that is subject to warrants… more

Texas Medical Board Proposes New Rules on Heals of Relaxed Telemedicine Laws

The Texas Medical Board recently proposed changes to its telemedicine regulations (22 Tex. Admin. Code §§ 174.1 – 174.12) to follow the amendments to Section 111 of the Texas Occupations Code governing the practice of telemedicine and… more

Endangered Species Act/Notice of Intent to Sue: Environmental Groups Allege Violations Associated with Highway Construction

The Center for Biological Diversity (“CBD”) sent an October 16th Notice of Intent to Sue for Violations of the Endangered Species Act (“ESA”) in regards to the Longmeadow Parkway, Huntley Road and Illinois Route 62 (“Project”), in Kane… more

Global In-House Centers in India, v2.0

GICs in India are evolving from cost-saving platforms into Innovation Centers for emerging digital technologies that can provide a competitive advantage. Recent years have seen a resurgence of interest in GICs in India across a wide… more

Shortage of Relief: Recent Disasters Highlight Multifaceted Drug Shortage Problem

• Nearly a month after Hurricane Maria swept through Puerto Rico, roughly 80 percent of the U.S. territory is still without electrical power. • The island is home to multiple drug manufacturing facilities that are directly affected… more

Frito-Lay Drops ‘All Natural’ Labels to Settle Class Action

To settle a class action challenging advertising for chips and dip products touted as “made with all natural ingredients,” Frito-Lay North America, Inc., has agreed to change its labeling… more

Third-Party Bad Faith Is Dead Again!

Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In State ex… more

Secured Mail Solutions LLC v. Universal Wilde, Inc. (Fed. Cir. 2017)

Patents Directed to Mail Barcodes Found to be Directed to Ineligible Subject Matter - Secured Mail Solutions LLC appealed from the U.S. District Court for the Central District of California's grant of a motion to dismiss on grounds… more

Reaping the Jurisdictional Whirlwind

Literally for decades plaintiffs in mass torts have employed the business model of flooding jurisdictions seen as friendly to them with more solicited plaintiffs than any court system can possibly handle. They have employed every… more

Certiorari Grant This Week on Email Providers Served with Warrant for Emails

The Internet has not only become a backbone for social and business commerce, but, it has become a vehicle to pursue nefarious purposes. Law enforcement and intelligence agencies, believing that material evidence is located outside the… more

Federal Court Finds Telephonic Access Could Be an Alternative to Website Accessibility

A federal district court in Los Angeles last week endorsed the possibility that a business may be able to avoid making a website accessible if it provides the same goods and services through telephonic customer service. The U.S… more

Is Your Business Insured Against A Cyber Attack?

Your business has insurance coverage for flood and fire damage. You are protected if an employee gets into a car accident. But are you covered for a cyber attack?… more

Energy and electricity cooperatives on the rise?

Could energy cooperatives or other alternatives to investor-owned utilities play a larger role in connecting consumers with electricity, heating fuel and other forms of energy? When used as an adjective, "cooperative" generally… more

Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread… more

Health Reform Rollercoaster

When POTUS signed the most recent executive order related to health care reform, it was only a small incremental step to direct the agencies to loosen some rules on health reform that will eventually impact the coverage available on… more

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

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