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Currency Hedging Survives ESMA UCITS Share Class Cull

For the past two years, the European Securities and Markets Authority (“ESMA”), Europe’s main securities regulator, has had UCITS share classes in their sights. It has issued two discussion papers on the topic and has now finalised its…more

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion. The Court…more

Did You Forget to File Your ATI Exemption? You Can Still Lower Your Property Taxes

Property tax values in South Carolina are generally determined every five years through county-wide reassessments. Since property tax values are determined every five years (and subject to a 15% cap on increases under reassessments)…more

Just Because One Could Doesn’t Mean One Would

In Personal Web Technologies, LLC v. Apple, Inc., [2016-1174] (February 14, 2017), the Federal Circuit affirmed the Board’s claim construction but vacated the Board’s obviousness determination because the Board did not adequately…more

Final DFS Cybersecurity Regulation Issued

New York’s Department of Financial Services issued its final Cybersecurity Regulation last night with an effective date of March 1, 2017…more

“Patient Protection and Affordable Care Act; Market Stabilization” Proposed Rule

On February 15, 2017 the Centers for Medicare & Medicaid Services (CMS) released a proposed rule entitled, “Patient Protection and Affordable Care Act; Market Stabilization.” Excerpt - In general, the proposed rule is…more

Case Summary - PPG Industries, Inc. v. Valspar Sourcing, Inc.

In a non-precedential decision, the Federal Circuit found that appellant PPG had Article III standing to file an appeal from two inter partes reexaminations. However, the Court found that appellee Valspar’s subsequent “Covenant Not to…more

CMS Issues Proposed Rule to Increase Patients’ Health Insurance Choices for 2018

On February 17, 2017, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule aimed at reforming and stabilizing the individual and small group health insurance markets. When (or if) finalized, the proposed rule…more

Sustainable Development Update - February 2017 #2

Sustainable Development Focus - Building apartments near transit brings in more money for cities and counties - Greater Greater Washington - Feb 2 - In the Washington, DC region, apartments near train stops and bus…more

The Purpose Behind Patent Law and What It Means For You

Have you ever wondered why there is a patent system in the United States? Believe it or not, the framers of the U.S. Constitution gave Congress the power to create a patent system right in the Constitution itself—Article 1, Section 8…more

California Expands Factors in the Vicarious Liability Control Test

Although a company is generally not liable for the negligence of its independent contractors, companies required by the government to exert control over independent contractors may be held vicariously liable for the negligence of such…more

DOJ Fraud Section Unveils Blueprint for Assessing Corporate Compliance Programs

In the year and a half that has transpired since the DOJ's Fraud Section retained a compliance consultant to assist prosecutors' evaluation of compliance programs, compliance officers, general counsels and white-collar defense lawyers…more

Navigating the California Corporate Practice of Medicine “CPM” Prohibition

CPM is a variation of the statutory prohibition against unlicensed practice of medicine. CPM states enforce the prohibition against corporations practicing medicine by requiring a separation between medical/clinical decisions made by…more

Hiring and Firing in Los Angeles: Fair Chance Initiative Update

We told you about Los Angeles’ Ban the Box ordinance in early December. Also known as the Fair Chance Initiative for Hiring Ordinance (FCIHO), the new regulation seeks to reduce recidivism by limiting inquiries regarding applicants’…more

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - February 2017 #2

Governor’s $35 Million Housing Bond Discussed in Ways and Means Committee - Executive Director Gus Selig of the Vermont Housing and Conservation Board revealed some of the details this week behind the $35 million bond fund for…more

Tennessee Health Services and Facilities Report: February 2017 Newsletter

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the establishment…more

Multiemployer Pension Plans: Section 1405 – Limitation on Withdrawal Liability

In a recent decision involving a withdrawal liability assessment by a multiemployer pension plan, an arbitrator reduced the assessment by approximately 50 percent and ruled in favor of the employer on several significant legal issues…more

Unpacking the Justice Department’s Compliance Remediation Standards (Part I of II)

The Justice Department has a lot to be proud about when it comes to its FCPA enforcement program. In one area in particular – promoting effective ethics and compliance strategies – DOJ’s FCPA prosecutors have played a leadership role…more

IRS is Getting More Info About Your Home Mortgage

This information will allow the IRS computers and personnel to make some judgments on whether a mortgage interest deduction was properly taken on an income tax return. Without this information, the IRS would have had to audit or…more

Court Of Chancery Limits Cost Recovery Following Successful Appeal

This decision explains what “costs” are recoverable under Court of Chancery Rule 54 following a successful appeal. While the amounts involved normally do not merit much discussion, the cost of bond for an appeal can be significant when…more

Modernization? SAMHSA Falls Short in Updating 42 C.F.R. Part 2

On January 18, 2017, the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule amending 42 C.F.R. Part 2 (“Part 2”), with an effective date that has now been…more

IRS Holding Off on Issuing Guidance

In response to President Trump’s executive order requiring two regulations to be repealed for every new regulation issued and the regulatory freeze memorandum issued on Inauguration Day, an IRS official has stated that the IRS is…more

D.C. Circuit Vacates and Grants En Banc Review of Decision That Declared CFPB Unconstitutional

In an order on February 16, 2017, the U.S. Court of Appeals for the District of Columbia Circuit vacated the panel decision and granted the petition by the Consumer Financial Protection Bureau for an en banc rehearing in PHH…more

Immigration Compliance Dangers in the Shared Economy

There is no greater area of innovation then the shared economy. Companies like Uber, Lyft, AirBnB are among the leaders in technical innovation and business strategy. At the heart of the shared economy is the idea that those doing the…more

Genentech Seeks “Urgent” Relief from Amgen’s Alleged BPCIA Violations

On February 15, Genentech filed a complaint against Amgen in the District of Delaware seeking “urgent declaratory and related relief” under the Biologics Price Competition and Innovation Act (“BPCIA”). Unlike many other BPCIA cases…more

News of Note for the Internet-Minded – DeepMind, IoT and Graphic ToS Representation!

The Internet of Things does not have to be Skynet to threaten us humans; perhaps tired of defeating carbon-based Go and chess masters, Google’s DeepMind pits its AI agents against each other; exactly when will AR and VR be fully…more

Your property was hit with an ADA lawsuit – now what?

Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that have each…more

U.S. Copyright Office Creates New Registration Process for DMCA Agents

Under the Digital Millennium Copyright Act (DMCA), website operators and other Internet Service Providers (collectively, ISPs) can obtain protection from liability for copyright infringement claims based on the material generated or…more

Common Causes of Workers’ Compensation Denials

Despite meritorious claims, workers are denied benefits through workers’ compensation every day. Employers and their insurance carriers have a vested interest in denying as many claims as possible to avoid having to pay large payouts…more

When 30 Days Is Not 30 Days

Concerned about a surgeon’s skill, a hospital ordered him to “have five bowel surgery cases proctored,” specifying no time limit. After a month, when the surgeon hadn’t met the five-case requirement, the hospital filed an adverse…more

New HHS Secretary Delays Effective Date of Part 2 Final Rule

We previously reported that the 30 year old regulations (last updated in 1987) relating to the disclosure of substance abuse treatment information has been updated by SAMHSA to bring it into the modern world of electronic health…more

New And Improved “Work Card” Process Should Make Things Easier For Foreign Workers

Effective January 17, new regulations have eased somewhat the issues that many foreign workers have faced with renewing their Employment Authorization Documents, also commonly referred to as “work cards.” Under the old rules, for…more

NYSDOL Regulations Regarding Payment of Wages by Debit Card and Direct Deposit Have Been Revoked

In a decision issued yesterday, the New York State Industrial Board of Appeals (IBA) revoked the regulations regarding payment of wages by debit card and direct deposit. While the full decision is available here, the upshot is that…more

42 C.F.R. Part 2 Final Rule Is Officially Delayed … Can Comments to HHS and OMB Fix It?

On January 18, 2017, the U.S. Department of Health and Human Services (HHS) published a final rule amending the Confidentiality of Substance Use Disorder Patient Records rule at 42 C.F.R. Part 2. Yesterday, HHS delayed the effective…more

Blog: 2017 M&A Trends Series: Innovation Pressures Fuel M&A

So far this year, deal parties are approaching M&A with cautious optimism. This series of Cooley M&A blog posts include some brief observations that offer some M&A highlights over the past year and our thoughts for the year to…more

Supreme Judicial Court of Massachusetts Confirms Anti-Slapp Provisions Apply To “Protected Petition Activity”

On February 14, the Supreme Judicial Court of Massachusetts reviewed the application of the state’s “anti-SLAPP” law to challenges made against a blogged critique of Cardno Chemrisk, LLC (Chemrisk) and British Oetroleum (BP) in the…more

FDA to Hold Public Meeting to Discuss the Use of the Term “Healthy” in Food Labeling

The Food and Drug Administration (FDA or agency) announced this week that it will be hold a public meeting on March 9, 2017, from 8:30 a.m. to 5:30 p.m., to discuss the use of the term “healthy” in the labeling of food products. As…more

Scaling The Wall Of Conflicting "Tip Credit" Provisions

We've all struggled with what to do when we're given conflicting orders. Grandma says "have some pudding," and Pink Floyd's Roger Waters responds, "how can you have any pudding if you don't eat your meat?!" Employers are increasingly…more

Compliance News Flash

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. Expect activity at the Equal Employment Opportunity Commission (EEOC) in the coming…more

DOL Fiduciary Rule – What’s Next?

On an almost daily basis, there are developments regarding the status of the Department of Labor’s (“DOL”) fiduciary rule creating a climate of uncertainty. Stakeholders, such as financial institutions that serve retirement clients…more

The TCPA and Risk of “Sabotage Liability”

Takeaway: The Telephone Consumer Protection Act (“TCPA”) broadly defines the “sender” of a facsimile advertisement to include any entity “whose goods or services are advertised.” On its face, this language creates risk of liability…more

Minnesota Weekly Legislative Update: Tax Policy Takes Center Stage

The seventh week of the legislative session is in the books, and the Minnesota Legislature is one week closer to the first committee deadline on March 10. This week, House Republicans increased their majority by one with the election…more

CDC Issues New Guidance For Use of EPA-Registered Disifectants in Environmental Control of Candida auris for U.S. Healthcare Facilities

On February 17, 2017, the U.S. Environmental Protection Agency (EPA) announced that the Centers for Disease Control and Prevention (CDC) issued guidance revising its recommendation regarding controlling Candida auris (C. auris)…more

Small Business Valuation—What Is It And Why Does It Matter?

Government contractors who have built successful businesses over a period of time often neglect to answer one simple question until very late in the game. The question, “What is my business worth?” has far-reaching implications and…more

Oregon Supreme Court Confirms Oregon RCRA and Related Rules Impose Strict Liability

On February 9, the Oregon Supreme Court affirmed the decisions of the Oregon Environmental Quality Commission (OEQC) and the Oregon Court of Appeals that Oil Re-Refining Company (ORRCO) was strictly liable for “simple” violations of…more

It’s Time For 401(k) Plan Sponsors To Get A Grip

As an ERISA attorney with a national retirement plan practice, I often feel like a flight attendant giving the safety discussion on a commercial airplane. When I talk about retirement plans and fiduciary liability, I think half the…more

UK Government to Implement Immigration Skills Charge

Seyfarth Synopsis: The UK government will introduce an “Immigration Skills Charge” in April 2017 that will substantially increase the cost for companies to sponsor Tier 2 workers in the UK. The following alert is directed to…more

DC Mayor Declines to Veto DC’s Paid Family Leave Bill

Back in December 2016, we wrote an article discussing the passage of the District of Columbia Universal Paid Leave Amendment Act of 2016 (“the Act”) by a 9 to 4 DC City Council vote on December 20th. We explained that the next step…more

Alex Acosta Nominated for Secretary of Labor Position After Withdrawal of Andrew Puzder From Consideration

Secretary of Labor Nominee Andrew Puzder withdrew his name from consideration on February 15, 2017, capping weeks of speculation, as well as significant criticism from several different sectors related to his company’s treatment of its…more

Fraud and Performance Securities

Performance securities are an everyday feature of construction and engineering projects. It is increasingly common to see calls on performance securities challenged on the basis of "fraud". Two recent cases from the English courts…more

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