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Boletín Mensual de Comercio Internacional: Septiembre - Información con énfasis en la Regulación Comercial y de Arbitraje Internacional

Durante el mes de Septiembre destacan los siguientes temas: Contenido Nacional, Comercio, Inversión Extranjera, Normalización, Competencia, Medio Ambiente, Subvenciones, Prácticas Desleales, Servicios Transporte Aéreo, ISDS…more

Due Process Required for Environmental Remedy Selection: Appellate Division Rules NYSDEC Must Afford Responsible Parties an Opportunity for a Hearing Before Spending State Funds to Unilaterally Implement a Remedy

Hodgson Russ LLP and Greenberg Traurig LLP successfully challenged the New York State Department of Environmental Conservation’s (NYSDEC) ability to implement a remedy without first providing a party an opportunity for a hearing. In a…more

Every Employer Can Get In On The On-Demand Economy

The on-demand economy has a number of obvious benefits to individuals who wish to make money on their own terms by creating their own hours and essentially being their own boss. Likewise, gig economy staples such as Uber and Lyft have…more

HHS Issues Final Rule that Expands the Requirements for Disclosure of Clinical Trial Data to

On September 21, 2016, the Department of Health and Human Services (HHS) published a final rule that greatly expands the information that sponsors of “applicable drug clinical trials” and “applicable device clinical trials” must…more

Germany: Legislative Change Requires Amendments to Standard Employment Contracts

A legislative change that entered into force on October 1, 2016, affects multinationals with employees working in Germany. In order to comply with these recent changes, companies doing business in Germany should now double-check and…more

Embraer FCPA Enforcement Action – Part III

Today I continue my exploration of the recently announced Department of Justice (DOJ) and Securities and Exchange Commission (SEC) Foreign Corrupt Practices Act (FCPA) enforcement action with the announcement of the resolution of the…more

OCR Explains How Information Blocking Violates HIPAA

The US Department of Health and Human Services Office for Civil Rights recently posted guidance clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a covered…more

Texas Senate Holds Public Hearing on EPA Regulations

On Sept. 28, 2016, the Senate Committee on Natural Resources and Economic Development held a public hearing on one of the committee’s interim charges for the 84th Legislative Session. The topic for discussion at the hearing centered on…more

Blog: ECB Opinion on proposed changes to the European Venture Capital & Social Entrepreneurship Funds Regulations

The European Central Bank’s formal Opinion on the proposed changes to the European Venture Capital and Social Entrepreneurship Regulations has been published in the Official Journal…more

Employers must accommodate breastfeeding mothers at work

Two female cabin crew members have successfully brought indirect sex discrimination claims against Easyjet. When the women returned from maternity leave they made flexible working requests to Easyjet as they were breastfeeding, and…more

New California Laws for Financial Institutions

As the California legislative session wound down, Governor Jerry Brown signed multiple bills into law that will impact financial institutions. What happened - Financial institutions in California should prepare themselves for…more

Patenting in Canada: Do These Genes Fit?

The Supreme Court of Canada has commented on the issue but no Canadian court has directly answered the difficult question of whether genes are patentable. So the answer appears to be yes, for now. Identifying genetic sequences…more

Effective November 3, 2016: Final DoD Cyber Incident Reporting Rule

On Tuesday, October 4, 2016, the Department of Defense (DoD) issued a long-awaited final rule implementing statutory requirements (10 U.S.C. §§ 391, 393) as part of 32 C.F.R part 236 regarding the reporting, by defense contractors, of…more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - October 2016

A Note from the Editors - Our October edition of Energy Technology Connections brings you recent industry highlights and features a list of upcoming energy industry events throughout the nation. In Leaders in the News, we profile…more

CFTC Expands Interest Rate Swap Clearing Requirements

One of the major goals of the Dodd-Frank Act, enacted in the wake of the financial crisis of 2008, was to bring the swaps market under regulation generally and to require that standardized swaps be cleared by a central counterparty (a…more

Employee Benefits & Executive Compensation Advisory: DOL Changes the Landscape: How Will the New Fiduciary Rules Affect Plan Sponsors?

Since the Department of Labor issued new rules that go into effect on April 10, 2017, regarding the fiduciary status for purposes of providing investment advice to plans and participants, many plan sponsors have questions about the…more

Update on Lawsuits Challenging the U.S. Department of Labor’s Fiduciary Rule

In this update on the litigation challenging the U.S. Department of Labor’s new fiduciary rule, we note that there has been a sixth lawsuit filed and oral arguments in two other cases…more

Religious Institutions Update: October 2016

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May 18, 2016…more

FCC Steps Up Enforcement of Broadband Transparency Rules

Continuing its efforts to enforce the Open Internet transparency rules, the FCC’s Enforcement Bureau on Wednesday, Oct. 19, announced a settlement and consent decree with a mobile broadband ISP (T-Mobile) under which the company will…more

Moving at the Speed of Business

Business moves fast. Really fast. Does your law firm keep up? If you think you do, think again. Do you think in days when your clients are operating in hours? Weeks instead of days. It is a rare law firm designed to move as…more

Ninth Circuit Holds Non-Judicial Foreclosure of Deed of Trust Is Not Debt Collection under the FDCPA

Action Item: The United States Court of Appeals for the Ninth Circuit affirms that activities incident to the non-judicial foreclosure of a deed of trust under California state law is not “debt collection” within the scope of the Fair…more

On The Fence on Whether to File? The Price of Filing for Immigration Benefits Will Go Up December 23, 2016

The U.S. Citizenship & Immigration Services (USCIS) has announced an increase in government filing fees effective December 23, 2016. The new schedule shows an average increase of about 21% on most petitions or applications. While USCIS…more

The launch of the Green Economy Programme

This article provides a summary of the key points addressed by the Minister of Energy (the “Minister”) at the launch of the Green Economy Programme (the “Programme”). The launch took place in the Municipality of Nelson Mandela Bay on…more

US Office of the Comptroller of the Currency Releases Risk Reevaluation Guidance for Foreign Correspondent Banking

The OCC issued risk management guidance to national banks, federal savings associations and federal branches and agencies regarding the periodic reevaluation of risks in connection with providing correspondent banking accounts for…more

CJEU says dynamic IP addresses can constitute personal data

The Court of Justice of the European Union (“CJEU”) has ruled that dynamic IP addresses can constitute personal data. Dynamic IP addresses, registered by a website provider when an individual accesses its website, shall constitute…more

Court Blocks Rule Requiring Federal Contractors to Disclose Labor Law Violations, But Okays Pay Transparency Rule

On October 24, 2016 the federal district court in Beaumont, Texas enjoined implementation of President Obama’s Executive Order 13673 and the enforcement of FAR Council regulations and U.S. DOL guidance requiring disclosures of labor…more

Russia Moves on the Regulation of its Arctic Continental Shelf Resources

In the course of the meeting held in September 2016 between President Putin and the Russian government, Mr Sergey Donskoy, the Minister for Natural Resources and the Environment, announced that it had been decided to impose a temporary…more

Key Metrics: Thoughts for Directors

Boards and management regularly use key performance indicators or metrics to oversee their businesses. These metrics typically cover financial and operating matters and are specific to each company and within industries. Metrics may be…more

U.S. Citizenship and Immigration Services to Raise Standard Filing Fees

U.S. Citizenship and Immigration Services (“USCIS”) announced an adjustment in filing fees required for most immigration application and petitions. The new fee schedule will go into effect December 23, 2016. The announcement marks…more

Your Daily Dose of Financial News

Faced with new Department of Labor rules requiring investment advisers to act in the best interest of their retirement account customers, Morgan Stanley’s decided to let its customers keeping paying for retirement advice with…more

What You Must Know about New York’s Proposed Cybersecurity Regulation for the Banking, Insurance, and Financial Services Sectors

Recently, New York’s Department of Financial Services released its long-awaited proposed cybersecurity regulation, which promises to deliver sweeping protections to consumers and financial institutions alike. The proposed regulation…more

Considerations When Hiring Executive Branch Employees

As the Obama administration winds down, the number of administration officials leaving the government will increase dramatically. The traditional exodus that accompanies the end of a presidential administration creates opportunities…more

Texas Court Holds Compliance Auditor Not Liable to Employer for Alleged Use of Confidential Information in FCA Suit Against Employer’s Top Client

A Texas appellate court recently affirmed a judgment against a healthcare consulting firm that claimed that its former employee had misappropriated its confidential information to use in a False Claims Act (“FCA”) lawsuit against the…more

Heart of Fair Pay and Safe Workplaces Final Rule Blocked by Federal Judge

The injunction prevents the government from enforcing the final rule’s provisions on labor law violation disclosures and the restriction on arbitration agreements. Late in the evening of October 24, mere hours before the Fair Pay…more

US Consumer Financial Protection Bureau Issues Final Rule to Protect Prepaid Account Users

The CFPB issued a final rule that applies federal consumer protections under Regulations E and Z for prepaid account users for the first time. Prepaid accounts may be loaded with funds by a consumer or by a third party, such as an…more

AARP Files Suit to Block the EEOC’s Final Rules on Employee Wellness Programs

As we have previously discussed in detail in several blogs (New EEOC Regulations Provide Roadmap for Wellness Programs; EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under the ADA and GINA; and District…more

Trader Joe’s vs. Irate Joe’s

In a long-running battle between Trader Joe’s and _Irate Joe’s (formerly Pirate Joe’s, a purveyor of genuine Trader Joe’s products in Vancouver, B.C.), the US Circuit Court of Appeals recently weighed in. We originally covered this…more

New California Lease Requirements for Disability Access

Perkins Coie published an alert on July 1, 2013 regarding California legislation (SB 1186), which required disclosures in commercial leases as to whether the property being leased had been inspected by a Certified Access Specialist…more

Our view on the splitting of a mining licence

There is no provision in the Mines and Minerals Act that expressly provides for or deals with a splitting of a mining licence by a holder into several smaller licences (or the conversion of any part of such licence into a separate…more

CFPB amends service provider guidance

The CFPB has reissued its guidance on service providers which was formerly titled CFPB Bulletin 2012-03, and as published in the Federal Register on October 26, 2016, is now titled “Compliance Bulletin and Policy Guidance 2016-02.”…more

Biofrontiers Platform Releases Policy Recommendations For EU’S 2030 Climate Goals

On October 11, 2016, the Biofrontiers platform, a group of industry and civil society stakeholders brought together by the European Climate Foundation, released policy recommendations for the European Union’s (EU) 2030 climate policy…more

Be Reasonable: Qualified Immunity, After-Discovered Facts, and the Case of Hernandez v. Mesa

In some form or fashion, law students learn that the words “reasonable man” denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for the protection of their…more

HHS Publishes New Guidance on HIPAA and Cloud Computing

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued a new guidance regarding HIPAA compliance and the use of cloud computing solutions. The guidance is intended to assist covered entities and…more

DOJ/FTC Joint Guidance for Human Resources Professionals Suggests Broad Antitrust Risks

Provisions restricting the hiring of another company’s employees are often included in vendor agreements and a variety of corporate transactions and licenses. And it’s not unusual to see similar constraints adopted in settlement…more

SDNY Bankruptcy Court Publishes Proposed Amendments to Local Rules

Last month, the United States Bankruptcy Court for the Southern District of New York published proposed amendments to its local rules effective December 1, 2016 (the “Proposed Amendments”). Links to the Bankruptcy Court’s notice to…more

OCIE By the Numbers and the Use of Big Data

On October 17, 2016, Marc Wyatt, the Director of the SEC’s Office of Compliance, Inspection and Examinations, gave a keynote address to the National Society of Compliance Professionals titled: Inside the National Exam Program in 2016…more

Will New Rule 147A Lead To A Renaissance In California Permit Applications?

Yesterday, the Securities and Exchange Commission adopted a new intrastate offering exemption under the Securities Act of 1933. Significantly, new Rule 147A will have no restrictions on offers and will not require that an issuer be…more

US Commodity Futures Trading Commission Extends Time-Limited No-Action Relief for Swap Execution Facilities from Certain “Block Trade” Requirements

The US Commodity Futures Trading Commission Division of Market Oversight (DMO) extended time-limited no-action relief to swap execution facilities from certain requirements in the definition of “block trade” in CFTC regulations…more

Restrictions on Fees Permitted Under HIPAA for Copies of Medical Records

When health care providers provide copies of medical records to an individual patient or to third parties at the direction of that individual patient, they are permitted under HIPAA to recover “a reasonable, cost-based fee.” Health…more

Third Circuit Establishes Test For Numerosity Under Rule 23(a)(1)

While Fed. R. Civ. P. 23(a)(1), the “numerosity” requirement, is not a frequently challenged issue in many class actions, its importance cannot be ignored. Rule 23(a)(1) mandates that in order to certify a class action, the plaintiff…more

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