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

Latest Updates

9 Ways to Persuade Lawyers to Abandon Legalese and Write Clearly

In-house counsel may be able to read dense alerts, but they are not inclined to do so…more

European Supervisory Authorities Consult on the Use of Big Data by Financial Institutions

The Joint Committee of the European Supervisory Authorities launched a consultation paper on the use of big data by financial institutions. The ESAs are the European Banking Authority, the European Securities and Markets Authority and…more

OIG Interprets and Incorporates Statutory Exceptions to CMP Law

As of January 6, 2017, final rules published by the United States Department of Health and Human Services Office of the Inspector General (the “OIG”) implementing certain exceptions to the Civil Monetary Penalty law (“CMP”) took…more

No Consolation but MA at Least Knows a Pathological Candidate when it Sees One

Nearly half a century has passed since the presidential election of 1968. We’re still learning things about that race that make your stomach turn…more

CAS Legal Mailbag Question of the Week – January, 2017 #2

Dear Legal Mailbag: I am confused. As a principal, I am a mandated reporter, and I understand that I must file a report with the Department of Children and Families whenever I have “reasonable cause to suspect or believe” that…more

When Less is More

Love the simplicity and honesty of this sign, captured on vacation, in a cozy crepe spot (had to get out of my chair and walk across the dining room to read the smaller print, well worth the steps)..…more

WCAG 2.0 AA Gains Prominence as Website Accessibility Standard

The U.S. Architectural and Transportation Barriers Compliance Board (Access Board) finalized a regulation this week that will make the Web Content Accessibility Guidelines 2.0 (WCAG 2.0) Level AA the design standard when interpreting…more

Enforcement of Foreign Tax Claims

In many cases we have handled the taxpayers were dual nationals who have not only failed to adequately disclose and report foreign bank account and income to the IRS, but have also failed to report to the other country. This raises the…more

CFTC Adopts Amended Position Limit Aggregation Rules – Action by Asset Managers May Be Required

The U.S. Commodity Futures Trading Commission (the “CFTC”) has issued amended aggregation rules for determining compliance with speculative position limits established by the CFTC in futures contracts and options thereon. The amended…more

Entry into force of the 1 Euro Company - S.à r.l.-S

On 16 January, 2017 the law of 23 July, 2016 introducing the simplified private limited liability company (S.à r.l.-S) entered into force. The new entrepreneur-friendly company will be easy to incorporate and will only require a €1…more

In Case You Missed It: Launch Links - January, 2017 #2

Some interesting links we found across the web this week: Securing Your Series A Round in 2017: Five Things to Do Now - Series A deals declined in 2016, but you can still beat the odds with the right planning and strategy…more

Studies Show Ransomware up 6,000% and Reaps Billions and Phishing Emails are Used in 91% of all Cyber-Attacks

A recent IBM study shows that ransomware increased 6,000 percent in 2016 over 2015. According to the report, ransomware was present in almost 40 percent of all spam email messages…more

Effective January 22, 2017: NEW I-9 Forms

Employers are required to prepare and retain I-9 Forms for employees. The purpose – to verify an employee’s identity and authorization to work in the United States. The New I-9 Forms should make them easier to complete and minimize…more

Alert: New Form I-9 Becomes Mandatory After January 21

After January 21, 2017, employers are required to use the latest version of the Form I-9, dated 11/14/2016 N. By way of background, under the Immigration Reform and Control Act of 1986, employers are required to complete a Form…more

European Banking Authority Recommendations for the EU Covered Bonds Framework

The European Banking Authority published recommendations for harmonizing the EU framework for covered bonds. For banks investing in covered bonds that meet certain criteria, the Capital Requirements Regulation sets preferential risk…more

Retail Hospitality Newsletter - Late Fall 2016

Sudden cardiac arrest (“SCA”) is the largest cause of natural death in the United Statesand is responsible for approximately half of all heart disease deaths. SCA, however, is not a “heart attack” (i.e. an artery blockage) but instead…more

Breaking News: Supreme Court Grants Petition and Cross-Petition for Certiorari in Amgen v. Sandoz

The Supreme Court has granted Sandoz’s petition for certiorari, and Amgen’s cross-petition for certiorari in Amgen v. Sandoz. The Order is excerpted below and can be found here..…more

[Video]Strategic Insights for IPRs

Since 2012, IPR's have emerged as one of the most significant developments in intellectual property. Even if you are already familiar with IPR's, this videos illustrates how actual IPR practitioners might approach some common…more

Final EU Agreement on Draft Prospectus Rules as Part of Capital Markets Union

The Council of the European Union announced that it had reached an agreement with the European Parliament on prospectuses for the issuing and offering of securities. Finalization of the agreement comes after the provisional agreement…more

Supreme Court to Review SEC Enforcement Limitations

On Friday, January 13, the Supreme Court granted certiorari to resolve a Circuit split on the extent to which SEC enforcement actions are restricted by the five-year statute of limitations in 28 U.S.C. § 2462. Section 2462 sets a…more

Change in Shareholder Approval Requirements for Certain TSX-V-Listed Issuers Undertaking a Change of Business or Reverse Takeover

On December 15, 2016, the TSX Venture Exchange (TSX-V) published amended Policy 5.2 – Changes of Business and Reverse Takeovers of the TSX Venture Exchange Corporate Finance Manual (Policy 5.2). The amendments to Policy 5.2 include…more

[Video]Introduction to IPRs

Since 2012, IPR's have emerged as one of the most significant developments in intellectual property. Even if you are already familiar with IPR's, this video illustrates how actual IPR practitioners might approach some common…more

U.S. Military Special Operations Command Workers’ Data Exposed by Vendor

Military personnel continue to be victimized by data breaches. This time, the personal information of healthcare workers employed by Potomac Healthcare Solutions (Potomac), who work for a U.S. Special Operations Command were exposed…more

Making Tequila and Pisco Shots Safe From Confusion

The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) cancelled the registration for the mark PORTÓN last week, finding it to be confusingly similar to the senior mark PATRÓN. Patrón Spirits…more

Does Compelling the Disclosure of Documents Allegedly Protected by Attorney-Client Privilege Constitute a Final, Appealable Order?

Last month, the Ohio Supreme Court issued a ruling in Burnham v. Cleveland Clinic, 2016-Ohio-8000, on an interesting issue – “whether an order compelling the production of documents allegedly protected by the attorney-client privilege…more

Six Days In Court – Almost As Fun As A Christmas Party

I missed the office Christmas party. Doing so was one benefit of having a six-day trial 116 miles away. It wasn't just me who missed the holiday luncheon. My partners Joe and Tim and a legal assistant named Cheri each spent six…more

European Supervisory Authorities Publish Good Practices to Reduce Mechanistic Reliance on Credit Ratings

The Joint Committee of the European Supervisory Authorities published a final Report containing Good Supervisory Practices for reducing sole and mechanistic reliance on credit ratings. The ESAs consist of the European Banking…more

NAFTA Discussions May Alter New Rule on Lease of Equipment by Mexican Carriers

It is common knowledge that a major platform of President-Elect Donald Trump's campaign was the need to renegotiate the terms of the North American Free Trade Agreement (NAFTA) with Mexico and Canada. Thus, it leaves open the…more

Third Circuit Upholds District Court Decision in Pennsylvania Baptist Church Sign Case

Recently, the Third Circuit Court of Appeals entered an order upholding the district court’s decision in the case of Tearpock-Martini v. Shickshinny Borough, which we reported on last summer. The case involved an Establishment Clause…more

Beware of Conflicting Interest Transactions in Family Business Management

Directors of all corporations – including family owned businesses – owe a fiduciary duty of loyalty to the company. This duty requires a director to put the interests of the company ahead of his or her personal interest and not to…more

Court of Appeals to Decide Controversial Partnership Dissolution Case

In a controversial ruling last year in Congel v Malfitano, the Appellate Division, Second Department, affirmed and modified in part a post-trial judgment against a former 3.08% partner in a general partnership that owns an interest in…more

Colombia's tax bill - transfer pricing updates

Colombia's newest tax bill, enacted on December 29, 2016 through Law 1819 of 2016, modifies (among others) the following sections of the tax code, related to the transfer pricing regime..…more

No More Ransom Project Expands Membership and Tools

The No More Ransom Project, a coalition of security companies and law enforcement, which was launched through a partnership with the European Cybercrime Centre, the National High Tech Crime Unit of the Netherlands police, Kaspersky Lab…more

Private Sale Of Real Property Voided Where District Rejected “Substantially Higher” Offer From Charter School

In re: Private Property Sale by the Millcreek Township School District, 143 A.3d 1037 (Pa. Commw. Ct. 2016) (Decided July 20, 2016). The Commonwealth Court of Pennsylvania reversed the decision of the trial court which had approved a…more

As GOP tries to repeal Obamacare, will Price be architect of its replacement?

The Republican-controlled Senate has launched itself in a late-night session on the path to its long-pledged repeal and replacement of the Affordable Care Act, aka Obamacare. The GOP-controlled House on Friday the 13th followed close…more

Supreme Court Jumps Into Class Action Waiver Fight

On January 13, 2017, the Supreme Court agreed to take up the contentious class action waiver issue that has riled courts for the past four years. In January 2012, the National Labor Relations Board ruled in D.R. Horton, 357 NLRB…more

European Supervisory Authorities Finalize Guidelines for the Prudential Assessment of Acquisitions and Qualifying Holdings

The Joint Committee of the European Supervisory Authorities published a report outlining final joint Guidelines for the prudential assessment of acquisitions and increases of qualifying holdings in the financial sector. The Joint…more

Eleventh Circuit Resolves Jurisdictional Issues Regarding The Confirmation Of An Arbitration Award

The Eleventh Circuit recently held that a district court retained jurisdiction over a motion to confirm an arbitral award, even though the plaintiff had voluntarily dismissed its claims while the motion to confirm was…more

Supreme Court Will Review Three Cases Involving the Lawfulness of Class and Collective Action Waivers

On January 13, 2017, the U.S. Supreme Court granted certiorari in three cases involving the lawfulness of class and collective action waivers in arbitration agreements. Since the National Labor Relations Board’s 2012 decision in D.R…more

Arbitration Agreements Front and Center: United States Supreme Court Set to Resolve Ongoing Row over Legality of Class Action Waivers

As readers of this blog will note, we have previously noted a split among the U.S. Circuit Courts on the issue of whether class action waivers in arbitration agreements are legal or not: the Second, Fifth and Eighth Circuits have held…more

Recent major amendments to the antimonopoly legislation

On 1 January 2017, the Law of the Republic of Kazakhstan “On Amendments to Certain Legislative Acts of the Republic of Kazakhstan on Competition and State Support to Housing Development” (the Law) came into effect. The amendments were…more

Client Alert: Action Needed by Organizations whose Websites allow User Postings

Businesses and nonprofits that operate a website or other online presence (mobile app, blog, portal, game, etc.) where users may post content (for example, in a user forum) will need to take action in 2017 in order to obtain or…more

Patent Owner Submits His Own Expert Declaration and Then Refuses to Appear for a Deposition; Board Authorizes Petitioner to Move to Strike

On January 10, 2017, the Patent Trial and Appeal Board (the “Board”) ruled that Petitioner’s inability to depose, and therefore cross-examine, Patent Owner’s expert could warrant striking the expert’s declaration…more

Current Administration Proposes Significant Changes to EB-5 Program

Yesterday, the Obama administration announced potential changes that could significant impact the EB-5 investor visa program. The EB-5 investor visa was originally established by Congress in 1990 to attract foreign investment and…more

Things Manufacturers Should Be Watching In 2017 In The Areas of Corporate Compliance / Litigation

As is our annual tradition, this is the first in a series of posts that provide industry and legal outlooks for manufacturers as we head into 2017. I will start with corporate compliance and litigation. Matt will follow with…more

CitySprint courier delivered employee status by employment tribunal

In another case focusing on the gig economy, the London Central Employment Tribunal has ruled that a CitySprint bike courier was a worker under the Employment Rights Act 1996. In Dewhurst v CitySprint UK Ltd, the tribunal decided…more

European Banking Authority Publishes Final Draft Technical Standards on Information Sharing Between National Regulators for Passporting of Payment Services 

The European Banking Authority published final draft Regulatory Technical Standards on the cooperation and exchange of information between national regulators where an authorized payment institution would like to provide payment…more

What is Your Ethical Culture?

The indictments last week of executives from Tanaka and Volkswagen roiled many in the business world and ethics and compliance arena. Coming on the heels of the Wells Fargo scandal, one might wonder how corporations can stop the clear…more

Third Circuit Expands Liability Under the ADEA for Disparate Impact Claims

The Third Circuit recently held that the Age Discrimination in Employment Act (ADEA) permits disparate impact claims by older "subgroups" of workers within the law's protected 40-and-over class. Under the court's ruling, workers in…more

What Is An Offer of Judgment And Can It Really Lower the Cost of or Shorten Litigation?

Insurance coverage litigation today is often time consuming and expensive. Many cases include claims for “bad faith” damages, and some cases seek punitive damages. To support their allegations, litigants will usually seek a…more

Popular Topics
Reporters on Deadline
Contributor Spotlight

M. Robinson & Company, P.C. resolves tax issues for businesses, individuals and non-profit organizations. We focus on delivering a full range of legal services in Tax Litigation, International Tax…

[ About | Legal Updates ]