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NY Court of Appeals Finds Personal Jurisdiction Based on Use of NY Correspondent Bank Accounts

A sharply divided New York Court of Appeals recently held that defendants who allegedly made intentional and repeated use of New York correspondent bank accounts for money laundering thereby purposefully transacted business related to…more

ACA Tax Reporting Extensions

The IRS has once again extended the deadline for furnishing to employees the applicable tax forms required by the Affordable Care Act (ACA), and will continue to provide employers with penalty relief if they make good-faith efforts to…more

Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed. Arizona’s…more

Historic Risk Management Rules and Practices Go Live on March 1, 2017 in Leading Markets

For the first time in the history of derivatives, regulators in leading markets will require assets to collateralize many derivatives which are not settled in a regulated clearinghouse. It is not possible to overstate the…more

Aetna and Humana Go to Battle With Regulators Over Multi-Billion Dollar Merger

The trial over Aetna and Humana's $37 billion proposed merger kicked off today in a Washington, D.C. federal court. At issue is whether the companies' merger would substantially lessen competition in the market for Medicare…more

The Sixth Circuit Confirms What We Already Should Know — It Can Be Challenging to Enforce an Arbitration Provision in an Expired Contract

A unanimous panel of the Sixth Circuit recently rejected a manufacturer’s attempt to compel arbitration under an expired contract in Linglong Americas, Inc. v. Horizon Tire, Inc. The manufacturer and its distributor entered into a…more

What Employers Can Expect from the New Administration – Part 1: Executive Orders & Administrative Actions

What will a Trump administration do to the labor and employment law landscape? While we can’t predict for certain, we figure we can at least provide better insight than the pollsters who have spent the last year following the…more

Supreme Court to Consider Patent Exhaustion for International Sales

Last Friday, the U.S. Supreme Court granted certiorari in the patent exhaustion case, Impression Products, Inc. v. Lexmark International, Inc., Docket No. 15-1189.  The Supreme Court’s decision in this case could significantly affect…more

IRS Guidance for Implementation of the Section 871(m) Regulations

On December 2, 2016, the Internal Revenue Service (“IRS”) released an advance version of Notice 2016-76 (the “Notice”) and followed through on its promise to provide taxpayers with guidance for complying with final and temporary…more

Enforcement of patents in the Taiwan Intellectual Property Court

After a phone call and some tweets, Taiwan is back in the news. Now seems like the perfect time to write about the enforcement of intellectual property rights on the island…more

CFTC Approves Final Rule Amendments to CPO Financial Report Regulations

On November 21, 2016, the U.S. Commodity Futures Trading Commission (CFTC) approved final rule amendments to its regulations that allow commodity pool operators (CPOs) to use certain additional alternative generally accepted accounting…more

TPP and Other Trade and Manufacturing Issues Front and Center After Election

Donald Trump’s opposition to trade deals, including the pending Trans-Pacific Partnership (TPP), were key components of his stump speeches and talking points throughout the campaign. His position on trade and manufacturing issues was…more

Concurrent Cause Cases: Florida Supreme Court Decides District Split in Favor of Coverage

On December 1, 2016, the Florida Supreme Court held in an insurance coverage case that “when independent perils converge and no single cause can be considered the sole or proximate cause, it is appropriate to apply the concurring cause…more

Government's latest plans to reform the Corporate Insolvency Framework: what's hot and what's not?

On 23 September the Insolvency Service published responses to its "Review of the Corporate Insolvency Framework consultation" which in May had suggested four key changes to the UK’s corporate insolvency regime..…more

The Ninth Circuit Kills GMO Pesticide Regulations in Hawaii Counties

On November 18, 2016, the Ninth Circuit issued five rulings rejecting three Hawaii counties’ attempts to regulate pesticides and genetically modified crops, finding that the regulations were preempted by state and federal laws…more

District Court Grants Motion to Compel Responses to Interrogatories Even Though Interrogatories Contained Discrete Subpart Where There was only One Accused Product

Plaintiff Synopsys, Inc. ("Synopsys") filed a motion to compel defendant, ATopTech, to respond to interrogatories. ATopTech opposed the motion by arguing that it had already answered Synopsys's Set One, Interrogatory Nos. 1-5, which…more

Security over financial collateral – the CJEU considers the "possession or control" test

The Court of Justice of the European Union (CJEU) has given a preliminary ruling on when a security holder has "possession or…control" of financial collateral for the purposes of Directive 2002/47 on financial collateral arrangements…more

FERC Wants to Open Up Energy Markets to Distributed Energy

On November 17, the Federal Energy Regulatory Commission (FERC) released a new rule proposal that could help push U.S. energy markets to adopt energy storage systems at a faster pace by allowing distributed energy resources (DERs)…more

Rethinking US Financial Regulation in Light of the 2016 Election

Throughout his campaign, Donald Trump wavered between populist and business-friendly policies and expressed seemingly conflicting plans for Wall Street—on the one hand advocating for less regulation with a repeal of the Dodd-Frank Act…more

Does MassDEP Have Authority to Regulate Electric Generating Emissions Under Section 3(d) of the GWSA? I’m Not So Sure.

As I have previously noted, I sympathize with the difficulties faced by MassDEP in trying to implement the SJC decision in Kain. However, that does not mean that MassDEP can simply take the easy way out. After rereading Kain, I have…more

It May Be FALL, But eDiscovery Business Confidence Is On The RISE: eDiscovery Trends

The results are in from the ACEDS and Complex Discovery Fall 2016 eDiscovery Business Confidence Survey, which was conducted last month and (as was the case for the Winter, Spring and Summer surveys) the results are published on Rob…more

Regulatory and business challenges to fintech M&A

Fintech's wealth of opportunities is attracting interest—yet the uncertainty of its future direction means the financial services industry needs to tread carefully. As exciting as the growth of fintech has been over the past…more

U.S. Surgeon General Issues Comprehensive Report on Addiction and Substance Misuse in America, Calls for Increased Treatment in Healthcare Settings

On November 17, 2016, the U.S. Surgeon General released a comprehensive report on addiction, substance misuse, and substance use disorders. The Surgeon General’s Report on Alcohol, Drugs, and Health is considered a landmark…more

Illinois’ New Anti-Fantasy Sports Bill and the Need for Fantasy Sports Lawyers

A bill introduced to the Illinois House of Representatives, designed to criminalize fantasy sports, has been assigned to the Executive Committee for further review and analysis. The move advances the bill one step closer to passage…more

Health Canada releases revised guidance on the submission requirements for biosimilar biologic drugs

On December 2, 2016, Health Canada released the revised Guidance Document Information and Submission Requirements for Biosimilar Biologic Drugs. The Guidance is intended to assist biosimilar companies to navigate the information and…more

ERISA (D.C. Cir.): Do You Know the Difference Between a “Payroll Practice,” and Short Term Disability Benefits Governed by ERISA?

What happens when an employer provides a disabled employee continued regular wages, paid out of general employer assets? This is known as a “payroll practice”… and ERISA may not apply. A new case that highlights the point is…more

Final Response to Non-Dom Consultation Published

The UK government has released its final response to the further consultation on reforms to the taxation of non-UK domiciliaries (non-doms), together with some draft legislation that will take effect from 6 April 2017. As well as the…more

Senior MP Calls for Regulatory Crackdown on Banks’ IT Systems: 3 Things You Can do to Prepare

The recent cyberattack on Tesco Bank’s IT systems has prompted Rt Hon. Andrew Tyrie MP, Chairman of the Treasury Committee, to call on regulators to take action against vulnerable bank IT systems..…more

New Copyright Office Rule Creates Potential “Gotcha” for Blogs and Websites Hosting User-Generated Content

If your company operates a website or blog that hosts user-generated content, you’ll want to read this post carefully. We’re ringing the alarm bell on an important new U.S. copyright law development that, if ignored, could…more

Home Depot directors prevail in cybersecurity liability claim

In our November 15, 2016, blog post, “Cybersecurity liability: Delaware has good news for directors,” we discussed an influential case that, while not directly dealing with cybersecurity, outlined the duty of oversight that directors…more

Guidelines for Facial Recognition Technology

Facial recognition technology uses algorithms that map facial features – such as the distance between a person’s eyes, or the width of a person’s nose – and compares those features to a database of known individuals. Organizations may…more

“Smile, Though Your Heart is Aching": Great Lyric . . . But as a Workplace Policy? Employers Might Be Left Frowning

Recently the news media reported on a Trader Joe’s employee in New York City who was supposedly fired for not smiling enough. The story behind the glib headlines is that the employee, Thomas Nagle, filed an unfair labor practice charge…more

Presidential Cybersecurity Commission Issues Ambitious Policy Roadmap for Next Administration

On Thursday, December 1, the nonpartisan Commission on Enhancing National Cybersecurity, established pursuant to an Executive Order in February, issued its report, outlining more than 50 recommendations for the next Administration…more

5 Tips for Hosting a Successful Law Firm Webinar

It’s not about what you want to say but what your audience wants to hear…more

SC Court of Appeals Rules Not Every Government Action is a Taking - Landowners may still recover damages

The South Carolina Court of Appeals recently considered the appeal of Claude Graham and Vickie Graham against the Town of Latta, South Carolina, in the case of Graham v. Town of Latta, 789 S.E.2d 71 (S.C.Ct.App. 2016). The Grahams…more

Long-Term Shift of Essential Job Functions May Remove Them as Mandatory Qualifications

The Americans with Disabilities Act (ADA) only requires employers to provide accommodations that allow the disabled employee or applicant to perform the essential functions of the job. The employer is not required to shift or remove…more

Federal Court Enjoins CMS Regulation Banning Arbitration of Nursing Home Disputes

The United States District Court for the Northern District of Mississippi issued a preliminary injunction barring the scheduled November 28, 2016, implementation of a Center for Medicare and Medicaid Services (“CMS”) regulation which…more

Business Litigation Alert: "To Protect Yourself from a Business Divorce - Agree to a Prenup"

When a business breaks up, it can often be very similar to the dissolution of a marriage. One prime example of this is the case of TransPerfect Global, Inc. (TransPerfect), a very successful language translation company started by…more

Co-worker’s racial statements may support discrimination claim

As a recent ruling by a Tulsa federal court shows, an employer may be held liable for the racial bias and conduct of its employees, even if those employees do not work in a decision-making capacity within the company…more

2016 Silicon Valley Proxy Season Results

A Comparison of Silicon Valley Public Companies and Other Large Bay Area Public Companies - This companion supplement to the Fenwick survey, Corporate Governance Practices and Trends: A Comparison of Large Public Companies and…more

A Trademark Year In Wine And Beer 2016: Our Holiday Buyer’s Guide To Disputed Beverages

Just in time for the holiday season, we present our third annual Trademark Year in Wine and Beer, a wrap-up of alcohol-related trademark and trademark-ish disputes dating back to December 2015, when we published our last edition. Our…more

Five Things You Should Know for 2017 About Cross-Border IP Licensing and Insolvency Law

Brexit. Trump. The year 2016 can be characterized as one of unpredicted results and impending uncertainty. In June, the UK electorate voted to leave the European Union and in November, a tumultuous presidential campaign in the United…more

Hospitality Industry Law Newsletter

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees - On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights of…more

New Obama Administration Employment-based Visa Rule and Trump's Plan to Target Visa Abuse Create Uncertainty For Employers

President-elect Trump made enforcement of immigration laws a centerpiece of his campaign. On November 21, 2016, Mr. Trump stated that he will make investigation of abuses in “visa programs that undercut the American worker” a priority…more

How PSD2 will affect banks and their payment services terms

On 12 January 2016, the EU Directive on Payment Services in the Internal Market (EU 2015/2366) (known as PSD2) came into force, replacing the existing Payment Services Directive as the main framework of rules on payment services in the…more

This Company Solicited Consents To Remove A Sitting Director

It’s not often that you see a company soliciting consents to remove one of its sitting directors. However, that is what PICO Holdings, Inc. sought to do in this consent solicitation statement filed with the SEC on October 31, 2016…more

Four Points And A Stick: What You Can Do Right Now to Prepare for the European Union’s General Data Protection Regulation

It's coming. The European Union’s General Data Protection Regulation (GDPR) will come into effect on May 25, 2018. If your business involves processing EU citizen data, you will be subject to GDPR – even if your sole location is…more

Overview of the Proposed Reforms of the EU Merger Control Regime

In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation suitable for refinement, improvement and simplification…more

European Commission Proposes draft "CRD5" among various EU Banking Sector Legislative Amendments 

The European Commission published a package of proposed legislative amendments in relation to the Bank Recovery and Resolution Directive, the Single Resolution Mechanism Regulation, the Capital Requirements Regulation and the Capital…more

Inbound M&A deals: Adrift for now?

As noted in our previous report, "2016's Thriving M&A Market," this year has seen a continuation of the historically high trend of inbound M&A activity in the US. This is largely due to foreign investors' interest in a market that they…more

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