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Executive Order Results in IRS' Reconsideration of Plan to Reject Certain Returns Missing Health Insurance Information

The IRS recently announced that it will not automatically reject individual income tax returns on which a taxpayer has failed to indicate whether they maintained qualifying health insurance coverage during the year for the 2017 filing…more

Illinois State Senators Introduce Legislation To Boost Biobased Economy

On February 9, 2017, Illinois State Senators Andy Manar and Chapin Rose introduced legislation aimed at growing Illinois’ biobased economy by providing incentives under the Renewable Chemical Production Tax Credit Program Act. The…more

ICD-10 Coordination and Maintenance Committee Meeting Scheduled for March 7-8, 2017

The ICD-10 Coordination and Maintenance Committee is meeting on March 7 and 8, 2017, to discuss proposed code changes to ICD-10-CM and ICD-10-PCS. The March 7, 2017 session will focus on procedure codes, and the March 8 meeting will…more

Court Of Chancery Explains When To Appoint Corporate Custodian

On the same day the Delaware Supreme Court affirmed the widely-reported TransPerfect decision, which ordered the sale of a successful company by custodian under Section 226 of the DGCL in order to break deadlock, the Court of Chancery…more

[Video]Day 15 of One Month to a Better Board-the Board Role in Hiring

What is the role of a Board of Directors in hiring senior executives, Chief Compliance Officers and even other Board members? I recently explored this issue with Candice Tal, founder and CEO of Infortal, a global security and risk…more

Eighth Circuit Undoes Target Data Breach Settlement Class

The $10 million settlement class in the Target data breach case was unraveled by the Eighth Circuit Court of Appeals in a recent decision that will force the district court to address the impact of the Supreme Court’s decision in…more

Sanctuary Jurisdiction Policy Could Impact Disaster Recovery

On January 25, 2017, President Trump issued Executive Order 13768, "Enhancing Public Safety in the Interior of the United States." The full implications of this broadly written Executive Order are not yet known; however, it could have…more

New York State REVOKES Rule On Wage Payment By Direct Deposit Or Debit Card – Would Have Taken Effect March 7

A regulation issued by the New York State Department of Labor that governed the payment of employees by direct deposit or payroll debit card has been revoked by the New York State Industrial Board of Appeals. The Board said the…more

Virtual legality: Virtual Reality and Augmented Reality - legal issues

With Newsweek predicting that 2017 will be shaped by Virtual Reality (VR) and Augmented Reality (AR)1 Dentons, as part of its on-going TechTalk series, thought it was timely to examine the legal issues associated with this new…more

Payroll and Email Do Not Mix

Tax season brings with it many headaches. For the last couple of years, W2-related phishing scams have been among them. Cyberthieves may send email to HR or financial personnel that looks like it comes from a senior executive. The…more

New Federal Energy Regulatory Commission Policy Statement Potentially Expands Revenue Opportunities for Electric Storage Resources

On January 19, 2017, the Federal Energy Regulatory Commission (FERC or Commission) issued a new policy statement entitled “Utilization of Electric Storage Resources for Multiple Services When Receiving Cost-Based Rate Recovery”…more

Relief from forfeiture granted to a mere licensee

In General Motors UK Limited v. The Manchester Ship Canal Company Limited 2016 EWHC 2960 (Ch) the High Court granted relief from forfeiture to a mere licensee, thereby reinstating a licence that had otherwise been validly terminated…more

Congressional Cannabis Caucus Formed To Pursue Federal Legalization and Regulation

On Thursday, February 16 at the U.S. Capitol, a formal bipartisan coalition of federal lawmakers launched the Congressional Cannabis Caucus to work on legislation related to marijuana legalization and regulation. The caucus was founded…more

Combative French Plaintiff Obtains Extended Jurisdiction Over Cross-border Online Marketplace Sales

On 21 December 2016, the European Court of Justice (ECJ) handed down an interesting interpretation of jurisdictional issues in cross-border competition law and online sales. The ECJ ruled that courts of a Member State have jurisdiction…more

Disclosures in corporate transactions: A comparison of the UK/Singapore and US approaches

In negotiating the terms of a sale and purchase agreement, whether for a transfer of shares or business assets of a company, a purchaser will often have to rely on the results of its due diligence and the seller’s warranties. For a…more

Global Investigations Review Conference Highlights the Future of Anti-Corruption Enforcement Recapping GIR Live DC

On February 16, 2017, Global Investigations Review (“GIR”) held its second annual GIR Live DC in Washington, D.C. With an emphasis on global anticorruption enforcement, the event featured a variety of experts in complex…more

Serving contractual notices: wrong method, right result

Contracts usually stipulate for specific requirements that need to be carefully followed in serving contractual notices, failing which serious issues may arise. Two recent cases highlight the courts' approach to notice provisions where…more

Smith & Nephew, Arthrex Settled Suture Anchor Patent Dispute Before Trial

On February 14, 2017, U.S. District Judge Michael Mosman of the United States District Court, District of Oregon granted a Joint Stipulated Motion for Dismissal with Prejudice submitted by Plaintiffs Smith & Nephew, Inc. and John O…more

Confidentiality of Alcohol and Drug Abuse Patient Records - Final Rule Revising Regulations

The Department of Health and Human Services (HHS) has released a final rule to update and modernize the Confidentiality of Alcohol and Drug Abuse Patient Records regulations effective February 17, 2017…more

A tale of two mergers: Following their losses in DOJ merger challenges, Anthem fights on and Aetna gives up

In the past month, the DOJ and several state governments scored two trial wins in their challenges to mergers among some of the country’s largest health insurers. First, Judge Bates of the District of Columbia blocked the combination…more

Blogger-Journalist Protected From Defamation Suit By Anti-SLAPP Statute

Are journalists protected by anti-SLAPP statutes? Until last week, the likely answer would have been: “probably not,” at least in Massachusetts. But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the…more

UPDATE: Continued Regulatory Focus on US Political Contributions

Recent actions by financial industry regulators, including the Securities and Exchange Commission (“SEC”), the Financial Industry Regulatory Authority, Inc. (“FINRA”), and the Municipal Securities Rulemaking Board (“MSRB”), reflect a…more

E-Commerce Having a Growing Impact on the Automotive Industry

Most sales projections coming out of last month’s North American International Auto Show indicate a slow, gradual, but extended decline following a banner year in 2016. However, competition and sales activity looks to be rousing in one…more

Ninth Circuit Says Ethics Policies Are “Inherently Aspirational,” and Violations Don’t Support Securities Fraud Claims, in Retail Wholesale v. Hewlett-Packard (January 19, 2017)

A senior officer’s violations of a corporation’s code of conduct do not give rise to a claim for violation of the federal securities laws—even where the corporation (including the officer himself) has touted the company’s high…more

Class Action Fairness Act Author Introduces New Bill That Would Drastically Reform Class Action Litigation

House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the author of the Class Action Fairness Act, introduced the “Fairness in Class Action Litigation Act of 2017” last week that would substantially change class action litigation…more

Third Circuit Upholds Dismissal of Indirect Purchaser Class in Auto Transmission Case, Revives Individual Claims

On February 9, the US Court of Appeals for the Third Circuit upheld a ruling by the US District Court for the District of Delaware that indirect purchasers of Class 8 transmissions did not meet the requirements for class certification…more

Effectively Defending Adversarial Actions Brought Against Former D&Os in Bankruptcy Court

When private equity investors, hedge funds, distressed asset funds, major shareholders or founders step up and take board positions to help guide or turnaround a troubled company, they often do so for all the right reasons. But after…more

European Securities and Markets Authority Concerned About MiFID II Loopholes

The European Securities and Markets Authority published a letter, dated February 1, 2017, from it to the European Commission about the potential for loopholes to be exploited in the revised Markets in Financial Instruments package…more

Business Rates – Check, Challenge...Legislate?

An industry-wide letter has been sent to the Joint Committee on Statutory Instruments concerning proposed changes to the business rates appeals system. New Regulations governing rates appeals are proposed to come into effect from 1…more

Intellectual property: when you don’t know what you have

Does my company have any material intellectual property (IP)? If so, what is it, and how do we protect it? Unfortunately, often businesses cannot correctly answer these questions, failing to recognize valuable IP rights they own, and…more

One In – Two Out and Healthcare Regulation

President Trump signed an executive order (the “Order”) on January 30th, 2017 aiming to reduce bureaucracy by requiring agencies to remove two regulations for every one new regulation they implement. The cost of any new regulation…more

The Honeymoon Will Soon Be Over - D.C.’s Department of Energy and Environment to Begin Enforcing New Mold Assessment and Remediation Law for Rental Housing

By August 2017, the District of Columbia Department of Energy and Environment (DOEE) reports that it will begin to enforce recently promulgated Mold Assessment and Remediation Licensure Regulations (Regulations) for the assessment and…more

You Can’t Have Your Cake and Eat It Too: Why Trump Copying Obama’s Cake Is Not Infringement

Did President Donald Trump goof when he copied Barack Obama’s inauguration cake for his inauguration? Pastry Chef Duff Goldman made a stunning, nine-tiered cake for Obama’s second inauguration in 2013 complete with stars, stripes, five…more

Northern District of Illinois Strikes TCPA Class Allegations

Earlier this month, the Northern District of Illinois struck the class allegations in Cholly v. Uptain Group, Inc., a single-count TCPA case filed against a medical services provider and a debt collector based on allegedly autodialed…more

Notable New State Privacy and Data Security Laws – Part Two

This is the second in a two-part series addressing recent developments in state privacy and data security laws. This article addresses new laws about student privacy, enforcement/ punishment for data privacy and security violations…more

The ReSET – Sales with the End in Mind

What to Pack? I promise this is the last in a series of recent columns focusing on “sales”. It all started with watching entrepreneurs struggle at the TEDCO Entrepreneurs Expo with their pitch to a panel of investors. There is no such…more

Corporate and Financial Weekly Digest - Volume XII, Issue 7

BROKER-DEALER - FINRA Proposes Amendments to Rule Pertaining to Communications with the Public - The Financial Industry Regulatory Authority (FINRA) is seeking comment with respect to proposed amendments (the “Proposed…more

The ReSET – Why Maryland’s Maker Movement Matters to Manufacturing

Finally Maryland has something to celebrate about its manufacturing sector – a growth spurt that it hasn’t seen for years. But it’s deceptive if we don’t recognize and support a more important underlying trend – the Maker…more

Technology and Life Sciences IPO Survey – 2016, Full Year

This report analyzes key aspects of initial public offerings (IPOs) for technology and life sciences companies that went public in 2016. Our IPO Survey was developed for clients, friends and others interested in considering the data…more

China’s State Council Announces Major Policies to Reform the Pharmaceutical Industry

China will launch further reforms in the pharmaceutical sector as part of the healthcare reform initiatives announced by the State Council in its February 9, 2017 Circular on Several Opinions Concerning Further Reforms of the Policies…more

340B Drug Pricing Program: The Withdrawal of Mega Guidance and the Future of Patient Definition

In the wake of a recent directive issued by the Trump administration to halt pending regulations and guidance while the new leadership conducts its own review, the Department of Health and Human Services, on January 30, 2017, withdrew…more

New Deputy Governor for Markets and Banking at the Bank of England

HM Treasury announced that Charlotte Hogg had been appointed Deputy Governor for Markets and Banking at the Bank of England, effective March 1, 2017..…more

Why I Became A Court Reporter

This week marks NCRA’s National Court Reporting & Captioning Week, and on the 12th of February the Association inquired of its membership, “Why I Became a Court Reporter/Captioner.” Planet Depos followed suit and asked some of our…more

Chris Lazarini Comments on Scope of Bankruptcy Rule 2004 Examination

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which objectors (a law firm, banks and accountants) opposed a bankruptcy trustee's Rule 2004 Motion requesting information related to his investigation of potential…more

Baby Powder Lawsuits – $200 Million and Counting?

Lawsuit No. 4 in the case against Johnson & Johnson and its ovarian-cancer-linked talc product has headed to the courtroom in Missouri. It is the fourth in a series of baby powder lawsuits filed nationally. Defense attorneys will…more

Mary Mack of ACEDS: eDiscovery Trends

This is the third of the 2017 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at the show and…more

D.C. Fair Credit in Employment Amendment Act Prohibits Inquiry Into Prospective and Current Employees’ Credit Information

The District of Columbia has become the newest jurisdiction to prohibit employers from inquiring into their job applicants’ and current employees’ credit information…more

New SBC Template Goes Into Effect April 1

The U.S. Department of Labor (DOL) released a new template for the Summary of Benefits and Coverage (SBC) last year. As background, the Affordable Care Act requires health plans and health insurers to annually distribute SBCs to…more

The ReSET - Tale of Two Cities

Our Urban Doppelganger. There’s a lot of buzz around innovation districts, much of it fed by the Brookings Institution’s extensive research on the movement. The Economic Alliance of Greater Baltimore, whose board I’m on, is hosting a…more

Final Draft Technical Standards on the Exclusion of Transactions with Non-EU Non-Financial Counterparties from Credit Valuation Adjustment Risk

The European Banking Authority published final draft Regulatory Technical Standards on the procedures for excluding transactions with non-financial counterparties established in a third country (which do not hold positions over the…more

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More and more companies are doing business with the U.S. government while, at the same time, the U.S. Office of Federal Contract Compliance Programs, with an increased budget and staff, is stepping up…

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