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

Latest Updates

DWT Hosts Faster Payments Panel

On October 18, 2016, DWT hosted a NYPAY panel titled “What’s Next for the Networks in a World of Faster Payments?” NYPAY is a New York-based forum for the payments and mobile commerce industry. The recent panel was part of a series of…more

Proposed Regs May Limit US Estate Plan

On August 2, 2016, the US Treasury issued long-awaited pro- posed regulations under Code section 2704 that make comprehensive and very significant changes to the valuation of interests in many family-controlled entities for US estate…more

Section 385 Regulations Issued - Not as Harsh as The Proposed Regulations

Earlier this year, the IRS issued proposed regulations on the conversion of purported related party debt to equity. The IRS has now issued temporary and final regulations on the subject…more

Louisiana Statutory Penalties Imposed on Operator

If you’ve ever tried to escape penalties for the operator/producer’s failure to comply with La. R.S §30:103.1 and §103.2, take comfort in XXI Oil & Gas, LLC v. Hilcorp Energy Company. You are not alone. No excuse has satisfied the…more

Federal Court Decision Finding EPA has a Non-Discretionary Duty to Evaluate Employment Impacts under the Clean Air Act May Have Broader Application

An October 2016 federal court decision confirmed that, as a matter of law, the Environmental Protection Agency (EPA) has a non-discretionary duty to undertake an ongoing evaluation of job losses that may result from implementation or…more

STATE OF THE STATES – An Update On Intrastate Crowdfunding (October, 2016)

While I have kept both my statutory summary pages and comparative summaries relatively up to date, it has been quite a while since I have done an editorial update on Intrastate Crowdfunding. With the increased number of active…more

Electronic Visa Update System Affects Some People’s Republic of China Passport Holders

U.S. Customs and Border Protection (CBP) has announced that effective November 29, 2016 all People’s Republic of China passport holders carrying a 10-year visa are now required to enroll in the Electronic Visa Update System (EVUS) when…more

The SEC’s Universal Proxy Rulemaking: History & What to Expect

The SEC has announced it will consider proposed rules that permit the use of universal proxy cards in contested elections on October 26, 2016. The concept of a universal proxy has been on the periphery of the SEC’s rulemaking…more

Privacy Tip #57 – Do Those Chip Credit Cards Really Protect Me from Fraud?

There are a half a billion chip cards in the market right now. They have been touted to improve security and reduce credit card fraud. But do they? According to a new report, both Visa and MasterCard have reported that the chip…more

New Delaware Chapter 11 Filings – Key Energy Services, Inc., et al.

Key Energy Services, Inc., and three of its subsidiaries filed petitions for relief under chapter 11 in the Bankruptcy Court for the District of Delaware earlier this morning (Case No. 16-12306). According to the First Day…more

FTC Associate Director for Advertising Practices Elucidates the Commission’s Handling of Referrals From NAD

The advertising industry’s self-regulatory system may be “voluntary,” but ignoring NAD’s recommendations—or declining to participate when asked—buys advertisers a prompt referral to the Federal Trade Commission. NAD often touts its…more

Risk Corridors Update: DOJ Says US Does Not Have to Pay – House Agrees

Readers of this blog may recall that on September 9, 2016, the federal Department of Health and Human Services (HHS) – through its Centers for Medicare and Medicaid Services (CMS) – announced that it is open to discussing resolution of…more

Gearing Compliance to the Tasks at Hand

I recently had the opportunity to travel to Chicago for my first SCCE Compliance and Ethics Institute (CEI), and attended a session “Keeping Compliance Simple,” which was led by Ricardo Pellafone, CEO, The Broadcat…more

U.S. Supreme Court Declines to Hear O’Bannon v. NCAA

The U.S. Supreme Court recently decided not to hear the National Collegiate Athletic Association’s (“NCAA”) appeal of the O’Bannon case, a class-action lawsuit that was filed by the former UCLA basketball star and other college…more

[Video]Employment Law This Week®: ACA Section 1557 Notice Requirements, Retaliation Under the ACA, Big Data Analytics, Sexual Orientation Discrimination

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact…more

Mylan and the Biosimilars Council Urge Supreme Court to Overturn Amgen v. Apotex

On October 14, 2016, Mylan Pharmaceuticals and the Biosimilars Council, a subsidiary of the Generic Pharmaceuticals Association (GPhA), filed amicus briefs in support of granting review in Apotex v. Amgen, No. 16-332. As previously…more

News from Second and State

Weekly Wrap: - One week down, one to go. This was the second to last week scheduled for legislative action in 2016, and both chambers were in Harrisburg for three days of voting session. There was plenty of activity on the House…more

Blog: Solvency II: infrastructure investments & ELTIFs Implementing Regulation published in the Official Journal

On 2 April 2016, Solvency II was amended (by Commission Delegated Regulation 2016/467) to: - Include a new asset class: qualifying infrastructure investments..…more

FFIEC Issues FAQs on the Cybersecurity Assessment Tool

On October 18, 2016, the Federal Financial Institutions Examination Council (FFIEC) issued answers to frequently asked questions (FAQs) to clarify points in FFEIC’s Cybersecurity Assessment Tool (Assessment). FFIEC released the…more

Agreement on Continuing Resolution Includes $37 Million (Annualized) to Fight Opioid Epidemic

In July, after months of negotiation, Congress overwhelmingly passed compromise legislation authorizing nearly $900 million in spending to help fight the growing opioid abuse crisis. The measure, which passed the Senate 92 to 2…more

Florida’s Second District Court of Appeal Upholds the Enforceability of Arbitration Agreements in Disputes with Nursing Homes While Striking Down Provisions Requiring Each Party to Bear Its Own Attorn

For the second time in less than a month, a Florida appellate court addressed the issue of arbitration agreements and their enforceability as it relates to disputes residents of nursing homes may have with the nursing home…more

ONC Contracting Guide Aims to Restore Balanced Bargaining Between Providers and EHR Vendors

The HHS Office of the National Coordinator for Health Information Technology (ONC) recently published a contracting Guide to assist healthcare providers when entering into electronic health record (EHR) contracts with EHR vendors…more

3 Things To Understand About Filing Bankruptcy

OK, you want to file bankruptcy. Here are three basic things you should understand about the process…more

New Florida Pollution Incident Reporting Rule

The Florida Department of Environmental Protection (DEP) recently issued as a final, effective emergency order a new pollution incident public reporting rule: 62-4.161, Florida Administrative Code. In short, the crux of the rule…more

Immigration Consequences of DUI Offenses

One of the most sacred principles of the U.S. criminal justice system holds that defendants are presumed innocent until proven guilty. This principle is not necessarily true under U.S. immigration law. A non-citizen who is simply…more

Retailer - Fall 2016

NEWS & ANALYSIS - Don’t let a “crowd crush” ruin the holiday retail season for your brick-and-mortar employees - As more consumers move to shopping online, retailers expect to lose some in-person traffic at stores this…more

EPA Opens Nominations For The 2017 Presidential Green Chemistry Challenge Awards

On October 18, 2016, the U.S. Environmental Protection Agency (EPA) announced that it has opened nominations for the 2017 Presidential Green Chemistry Challenge Awards (PGCCA). Since 1996, these awards have honored companies and…more

Governor Scott Extends State of Emergency For Zika Virus, Providing Additional Extension Opportunity for Certain Development Approvals

This summer Governor Scott issued an emergency declaration applicable to 24 Florida Counties, due to an outbreak of the Zika virus. Florida Statute 252.363 provides an extension for permits and authorizations when the Governor declares…more

Assessment of damages under a cross-undertaking

The enforcement of a cross-undertaking in damages, provided by a claimant in order to obtain a freezing injunction against a defendant, can mean a substantial liability for a claimant. This ruling illustrates that damages under a…more

FTC Antitrust Guidance for Human Resources Professionals

On October 20, 2016, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division (together the Agencies) released Guidance for Human Resource Professionals on how antitrust laws applies to employee hiring…more

The EEOC Retaliates on Retaliation, and Employers are Caught in the Crossfire

One of the hands-down most difficult positions an employer may find itself in is the time period immediately following an employee reporting discrimination. If the employee engages in some form of conduct that is protected by a…more

Substantial Evidence Supports Determination of Reasonable Expectation of Success

In In re Efthymiopoulos, [2016-1003] (October 18, 2016) the Federal Circuit affirmed the PTAB decision that the claimed invention relating to the administration or an anti-influeza drug “by inhalation through the mouth alone” was…more

Where the 2016 Presidential Candidates Stand on Immigration

For those of you who missed the third and final Presidential debate, immigration was an important topic discussed by the 2016 Presidential candidates. Moderator Chris Wallace asked both candidates about their positions and plans…more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - October 2016 - Issue 8: Luxembourg

Luxembourg VAT authorities: Circular on VAT Treatment of Director Services - The Luxembourg VAT authorities published Circular n° 781 on 30 September 2016 regarding the VAT treatment of director services and a comprehensive list…more

If Pain, Yes Gain—Part XXV: Midwest Still Sick with Sick Leave Laws

Seyfarth Synopsis: Minneapolis, MN made four key amendments to its Sick and Safe Time Ordinance and Cook County, IL passed the Earned Sick Leave Ordinance - Minneapolis Sick and Safe Time Ordinance Updated - Nearly four…more

Using Pop Culture References in Advertisements? Just Do It Right

In this age of smartphone cameras and hashtags, an impromptu remark or a right place-at-the-right-time snapshot can “go viral” and create instant and immense goodwill. Businesses today use social media as a tool to promote and exploit…more

New Authentication Lawsuit Filed Against Agnes Martin Catalogue Raisonné

For several years the topic of litigation against appraisers and authenticators has been a controversial issue, causing a number of artists’ foundations and independent professionals to refrain from giving opinions for fear of…more

Prescribing the “minimum effective dose”

Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum side…more

Recent Amendments to the Foreign Investment Regulations in China

China has been quite successful in encouraging foreign investments since the Sino-Foreign Equity Joint Venture Enterprise Law was promulgated in the beginning of the country’s economic reform in 1979. With the passage of time, the…more

Millennials and the Future of Business Development

As I reflect on a recent discussion among senior partners about which prospect or client to take golfing, I find myself thinking about how perhaps my generation might depart from this traditional method of business development and…more

Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad Faith”

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona Court of…more

NYS Cyber Crack Down Looms: What Every Financial Institution, Insurer and Their Board Must Know

With the public comment period closing in a few days, the New York Department of Financial Services (DFS) “first in the nation” cybersecurity regulation is one step closer to becoming law. The regulation – which covers a broad swath…more

PTAB Decision To Terminate IPR Proceedings After Institution Is Not Appealable

Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., No. 2015-1977 (Fed. Cir. Oct. 20, 2016) - Applying the Supreme Court’s interpretation of the AIA’s provision making inter partes review institution decisions “final and…more

Defending parallel proceedings: key considerations and best practices

Parallel proceedings refer to two or more concurrent investigations or litigations arising out of a common set of facts. These proceedings can involve any combination of criminal, civil, or administrative authorities, as well as…more

U.S. DOT Issues New Air Travel Consumer Protection Rulemaking Initiatives

The U.S. Department of Transportation (DOT) has announced a new round of consumer protection-related rulemaking initiatives affecting U.S. and foreign airlines, ticket agents, and air travel consumers. As part of these initiatives, DOT…more

Kentucky High Court Strikes Down Louisville Minimum Wage Law; Lexington Law Also Affected

Local governments in Kentucky lack the authority to establish their own minimum wage rates, the Kentucky Supreme Court has ruled 6-1. Kentucky Restaurant Ass’n, et al. v. Louisville/Jefferson Cty. Metro Gov’t, 2015-SC-000371-TG (Oct…more

Corporate Social Responsibility and Compliance: Adopting a Principles-Based Approach to Performance

This is the seventh in a series of posts reflecting excerpts from a chapter that I authored on corporate social responsibility (“CSR”) for the Corporate Legal Compliance Handbook. Originally published in “Corporate Social…more

Don't Delay: No Change in the December 1, 2016 Deadline for Compliance with the Department of Labor's Final Rule on Overtime

The Fair Labor Standards Act ("FLSA") requires employers to pay employees at the rate of one and half times their regular rate for each hour an employee works beyond forty (40) in a work week. However, the FLSA does provide that…more

Diversity and Mediation

Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties valued in…more

Ukrainian financial restructuring: new consensual work-outs for distressed business came into force on 19 October 2016

The new law "On Financial Restructuring" No. 1414-VII dated 14 June 2016 ("Law") has recently been adopted by the Parliament of Ukraine. The Law came into force on 19 October and is effective until 16 October 2019. This appears to be a…more

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

Proskauer’s New England IP Blog is written by Boston-based lawyers in our intellectual property practice. Posts will provide commentary and analysis of significant intellectual property developments…

[ About | Legal Updates ]