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Update #2: Relief Extended For “Opt-Out” Payments for Health Coverage

The IRS has extended the relief available to employers who offer an “opt-out” payment to employees who decline company medical coverage. This means that for 2017, such payments, whether conditional or unconditional, will not have to be…more

Fourth Circuit Rejects Police Department's Social Media Policy on First Amendment Grounds

Most of the recent legal controversy over employer enforcement of social media policies has involved employees’ concerted activity rights under the National Labor Relations Act. However, a recent case from the Fourth Circuit Court of…more

2016 CFTC Year-in-Review and a Look Forward

In 2016, the Commodity Futures Trading Commission (CFTC or Commission) continued to pursue high-profile enforcement cases and to test its new enforcement authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

MACRA Participation Simplified

2017 kicked off CMS’ payment reform, MACRA, a new law that fundamentally changes how Medicare pays physicians and other clinicians who participate in the program. There’s been a lot of buzz around MACRA and the impact it will have on…more

The Replacements: Understanding the GOP's Leading Health Care Plans

With the repeal of the Affordable Care Act (ACA) looking imminent, Faegre Baker Daniels and Faegre Baker Daniels Consulting have created a one-page resource identifying and assessing the six leading replacement plans making the rounds…more

CFPB Secures $8.8 Million Consent Order Against Mortgage Servicer

On January 23, the Consumer Financial Protection Bureau (CFPB) announced that it entered into a consent order with a mortgage servicer, resolving alleged violations of the Real Estate Settlement Procedures Act (RESPA), the Fair Credit…more

Texas OIG Turns Over New Leaf: MCOs Must Turn Attention to SIUs

More active SIUs may mean more scrutiny of Medicaid providers - The Texas Office of Inspector General (OIG) has just completed its first full year of reforms under a new Inspector General. 2017 may reveal whether these reforms…more

Texas Legislative Outlook

It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow…more

What to Expect in Environmental Regulation for 2017

The inauguration of President Donald J. Trump on Jan. 20 began a period of change expected to include the rollback of programs, withdrawal of regulations, and changes to policy that will affect all aspects of environmental regulation…more

Connecticut Supreme Court Reminds Us of Life Beyond Federal Tax Reform

While recent federal tax reform initiatives and commentary have garnered most tax-related headlines, including in the area of taxation of executive compensation, the Supreme Court of Connecticut in Allen v. Comm’r of Revenue Services…more

Third Circuit Finds Older Workers Can Sue for Age Bias Even if Comparators Are 40-Plus

On January 10, 2017, the United States Court of Appeals for the Third Circuit held that “sub-group” disparate-impact claims are cognizable under the Age Discrimination in Employment Act (ADEA). Karlo v. Pittsburg Glass Works, LLC, 2017…more

Donald Trump and Shipping: What to Expect

The election of Donald J. Trump as President of the United States took many by surprise. Of additional import to the industry, the Republican Party has maintained control of the House of Representatives and the Senate, meaning that…more

IP, IT and mass communications. Major Russian legislation changes for 2016

We would like to present the overview of the most important legislation changes in IP, IT and mass communications for 2016…more

Challenging New York City Real Property Taxes: Tentative Assessments and Initiation of the Tax Cert Process

New York City faces a continuing decline in state and federal funding and increased property taxes continue to be a reliable revenue stream to fund local services. Every January 15th, the NYC Department of Finance (DOF) sends to each…more

Amendments to Alberta's Municipal Government Act Likely to Reduce Time and Cost of Property Tax Review Process

As of January 1, 2017, amendments to the Municipal Government Act, R.S.A. 2000 c. M 26 (MGA), came into force, changing how property owners can seek court review of Assessment Review Board decisions in Alberta…more

Can A Company Violate Chapter 75 Simply By Investigating Potential Trademark Infringement?

When a company investigates potential trademark infringement, what tactics can the company use without the investigation running afoul of North Carolina’s Unfair and Deceptive Trade Practices Act? The Fourth Circuit Court of…more

President Trump Takes First Step Toward Dismantling Affordable Care Act - For Employers, It’s Business As Usual…For Now

Shortly after being sworn in on Friday, President Trump signed an executive order which appears to begin to repeal the Affordable Care Act (ACA), following through on one of his primary campaign promises. However, the executive order…more

Blog: #Brexit: Supreme Court decision

As anticipated, the Supreme Court has upheld the High Court’s judgment by ruling (albeit on an 8 to 3 majority) that an Act of Parliament before UK government ministers can lawfully trigger the Article 50 notice procedure for leaving…more

OSHA’s “Perp Walks” for the Week of January 16th

OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance. While reasonable minds can disagree about the sufficiency of the…more

Supreme Court to Decide Whether SEC Claims for Disgorgement Are Subject to Any Statute of Limitations

The Supreme Court recently granted certiorari to review whether civil enforcement claims brought by the SEC for the remedy of disgorgement are subject to any statute of limitations, or whether instead the SEC can effectively pursue…more

SEC Announces 2017 Examination Priorities

On January 12, 2017, the Securities and Exchange Commission released the 2017 examination priorities for its Office of Compliance Inspections and Examinations. The categories of interest “include electronic investment advice, money…more

PTAB Finds MRI Machine Claims Patent-Ineligible Under Alice

On December 29, 2016, the Patent Trial and Appeal Board (PTAB) issued a decision rejecting most claims of an application for an MRI machine patent, finding the claims directed toward an abstract idea and therefore patent-ineligible…more

Delaware Supreme Court Implies Duty Of Disclosure For Limited Partnership Conflicts Provision

Agreements for publicly-traded limited partnerships often disclaim any fiduciary duties and provide safe harbors for transactions involving a conflict for the controller. The safe harbor provisions frequently contain minimal…more

President Trump Administration Freezes New Regulations

Soon after Donald Trump officially became the forty-fifth president of the United States, Reince Priebus, the President’s Chief of Staff, issued a memorandum freezing all pending regulations. This memorandum is similar to the…more

Health Alert (Australia) January 23, 2017

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Federal Court 13 January 2017 - Selia v Commonwealth of Australia [2017] FCA 7 - ADMINISTRATIVE LAW - Judicial Review -…more

Pennsylvania Issues Grower/Processor and Dispensary Permit Applications for Medical Marijuana Program

On January 17, 2017, the Pennsylvania Department of Health (“DOH”) released grower/processor and dispensary permit applications (“Applications”), which can be found on Pennsylvania’s Medical Marijuana Program website. DOH will accept…more

OSHA Releases “Recommended Practices for Anti-Retaliation Programs”

Last week OSHA announced the release of its “Recommended Practices for Anti-Retaliations Programs.” The publication is “intended to assist employers in creating workplaces that are free of retaliation … This document is advisory in…more

Hey Guys, Let’s Sue a Financial Institution! Our Government at Play

This is all about the difficulty of taking the punch bowl away from a roaring good party. Over the past several weeks a number of major banks folded under enormous pressure from the US DOJ to settle fraud claims resulting from the sale…more

Trump Quickies: Regulatory Freeze, “Listening Session” With Unions, Puzder Status

We’ll try to keep you up to date with the latest labor and employment law news from the Trump Administration via a series of mini-posts as news develops. According to Politico‘s Morning Shift, “President Trump ordered executive…more

A New Year and a New Administration: Five Employment, Labor & Workforce Management Issues That Employers Should Monitor

President Donald J. Trump has given few details regarding his administration’s plans for new policies; however, employers can expect several areas to be impacted based on his campaign platform. In this issue of Take 5, we examine…more

U.S. Issues General License Authorizing Trade and Financial Dealings with Sudan

On Jan. 13, 2017, President Barack Obama signed Executive Order 13761 (the Executive Order) authorizing the lifting of portions of the United States’ trade and financial sanctions on Sudan. The action is the result of engagement…more

Application of the concept of the person beneficially entitled to (beneficial owner of) income

Dentons’ Russia Tax practice would like to remind that, starting from 1 January 2017, the procedure for confirming entitlement to tax benefits under relevant double tax treaties when paying income to foreign companies from the Russian…more

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off carriers for…more

Biosimilars: What to Expect in 2017

2016 was a record year for the development of biologics in the United States. Below, we summarize a few key biosimilar developments to keep an eye on in 2017. SCOTUS Review of Amgen v. Sandoz - In 2016, Amgen, Apotex, and…more

How Independent Is The SEC And How Independent Should It Be?

Can the President say “You’re Fired!” to an SEC Commissioner? In a recent post, Broc Romanek emphasized the commonly held understanding that the Securities and Exchange Commission is an “independent agency”. The independence of…more

Uncertainty rises about leadership in nation’s top health posts

Although attention has focused on the GOP-promised repeal and replacement of the Affordable Care Act, other big changes also are afoot in the federal government that will have significant effects on health care in this country…more

HIPAA Breach? Notify Promptly or Face Significant Potential Fines from HHS OCR

On January 9, 2017, the Department of Health and Human Services Office of Civil Rights (HHS OCR), which enforces the privacy requirements contained in Health Insurance Portability and Accountability Act (HIPAA), announced a…more

New U.S. Federal Law Prohibits Contracts With “Anti-Yelping” Provisions

Late last year, President Obama signed into law the Consumer Review Fairness Act (“CRFA”). Intended to protect individuals who write unflattering online reviews of businesses, the CRFA voids contractual provisions in form contracts…more

Back to Basics: 8 Strategies for Choosing Your Next Client Feedback Interviews

Wicker Park Group is revisiting some of the essential processes around Client Feedback Interviews in a new series of blog posts called “Back to Basics.” This is the first article in the series. Check back regularly for updated…more

The New York Department of Financial Services’ Cybersecurity Regulation Will Soon Take Effect

The New York Department of Financial Services (“NYDFS”) is in the final days of accepting public comment on its revised cybersecurity regulation, which would be codified at 23 NYCRR 500. As the comment period winds down to a close…more

Cause of Action Joins Defense of Electronics Maker in FTC Privacy Suit

The advocacy group Cause of Action has stepped in to help defend electronics maker D-Link in a suit brought by the Federal Trade Commission over the company’s purportedly insufficient protection of customers’ privacy. The FTC is…more

Substance Use Disorder Information: Comments Wanted on Significant Proposed Part 2 Rule

In an unusual action, a Supplemental Notice of Proposed Rulemaking (“SNPRM”) accompanied the recent final rule on 42 C.F.R. Part 2 (“Part 2”) governing the confidentiality of certain substance use disorder information. On January 18…more

CSA Reports on Cybersecurity Disclosure Review

On January 19, 2017, the Canadian Securities Administrators (CSA) published Staff Notice 51-347 Disclosure of cyber security risks and incidents (Staff Notice), which reports on their broad-ranging review of the filings of the 240…more

Individual Investors Pay Civil Penalties for Failing to Report Acquisitions of Voting Securities to the Federal Trade Commission

The Hart-Scott-Rodino Act (“HSR Act”) requires companies and individuals to report large transactions above certain thresholds to the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”), and then to observe a 30-day…more

CFTC Unanimously Approves Proposal to Amend Recordkeeping Requirements

On January 12, 2017, the U.S. Commodity Futures Trading Commission (the “CFTC“) “approved proposed amendments to Regulation 1.31 … [that] … would modernize and make technology-neutral the form and manner in which regulatory records…more

DOJ Updates Answers to Frequently Asked Questions About Antitrust Division's Leniency Program

On January 17, 2017, the Department of Justice’s Antitrust Division (Division) issued the first update to its 2008 Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model Leniency Letters (FAQ) publication…more

IoT Vendors Beware: FTC’s Latest Enforcement Action Signals Further Scrutiny of the Industry

The FTC’s first data security enforcement action in 2017 sends a clear signal to vendors serving the Internet of Things (“IoT”) marketplace: make sure your data security promises match your data security practices. IoT is in the…more

President Issues Executive Order Addressing Affordable Care Act Repeal

On the day of his inauguration, one of the first actions taken by newly elected President Trump was to issue an executive order titled "Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal."…more

National Restaurant Association Seeks Review Of Tip Pooling Rule

On January 19, the National Restaurant Association (“the Association”) asked the U.S. Supreme Court to review a Department of Labor (“DOL”) rule that prohibits “tip pools,” the sharing of tips among “front of the house” staff (i.e.…more

A Top 10 Dispute in China

China Business Law Journal has recently announced its ‘Deals of the Year 2016’ recognizing cases that saw the most sophisticated efforts by legal counsel. And as a result our work for Tencent has been recognized as one of the Top 10…more

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