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

Latest Updates

European Court Of Justice Rules That Dynamic IP Addresses Can Be Personal Data

In a ruling with significant potential impact, the Court of Justice of the European Union (CJEU) has ruled that a dynamic internet protocol (IP) address may constitute "personal data" under EU Data Protection Directive (EC/95/46). If…more

CFPB's Project Catalyst Highlights Innovation Opportunities

On October 25, the Consumer Financial Protection Bureau (CFPB) released its "Project Catalyst Report: Promoting Consumer-Friendly Innovation." ("CFPB Report"). The CFPB Report reviews what the CFPB "has learned about a range of…more

Court Rules CFPB Unconstitutional and Finds CFPB Improperly Applied Mortgage Lending and Reinsurance Laws

In PHH Corporation v. Consumer Financial Protection Bureau, no. 15-1177 (D.C. Cir. Oct. 11, 2016), the Court of Appeals for the D.C. Circuit recently held that the organizational structure of the Consumer Financial Protection Bureau…more

Health Care System’s HIPAA Security Risk Results in $2.14 Million Fine

On October 18, 2016, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), announced that St. Joseph Health (SJH) agreed to settle allegations relating to the HIPAA Privacy and Security Rules, pay $2.14…more

SEC Adopts Rules to Modernize Information Reported by Funds, Require Liquidity Risk Management Programs, and Permit Swing Pricing

On October 13, 2016, the Securities and Exchange Commission adopted rules to implement modern reporting and disclosure requirements for registered investment companies and open-end funds. Press Release…more

Five Takeaways from the Duke Conference on Class Action Settlements

A few weeks ago, the Duke Law Center for Judicial Studies held a conference on class action settlements in San Diego, to discuss best practices in the wake of the likely Rule 23 amendments. Like all of its conferences, this one was…more

Burr Alert: SCOTUS to Resolve Circuit Split on Interplay of FDCPA and Bankruptcy Code

On October 11, 2016, the Supreme Court of the United States granted cert in Midland Funding, LLC v. Johnson, No. 16-348 (Oct. Term 2016) to resolve a split among the Circuits as to the FDCPA’s prohibition against deceptive collection…more

The CETA Saga: Can Final Negotiations Save the Agreement?

The road to completion of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union has been a rough ride since negotiations began in 2009, and it did not get any smoother in October 2016, when the…more

Anti-Trust Laws Can Impact HR Departments

You can add anti-trust laws to the long list of legal risks that must now be managed by corporate HR departments. According to a recent guidance document prepared by the Federal Trade Commission and the Department of Justice, the…more

"IRS and Treasury Issue Final Debt/Equity Regulations"

On October 13, 2016, the Internal Revenue Service (IRS) and the Treasury Department (Treasury) issued temporary and final Treasury regulations under Section 385 of the Internal Revenue Code of 1986, as amended (the Final Regulations)…more

New Management Contract Rules Hot Topic At NABL Conference

Over a thousand US public finance attorneys converged on the City of Chicago last week for the annual National Association of Bond Lawyers Bond Attorneys Workshop. The conference, the oldest and largest of its kind, featured a number…more

Countries at a Glance: Singapore - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - Employees should acknowledge that the offer of purchase rights does not create a right or entitlement to further…more

Octane Fitness and Highmark Apply to Ninth Circuit Attorney Fee Awards under the Lanham Act

On October 24, 2016, the Ninth Circuit Court of Appeals, sitting en banc, held that district courts analyzing a request for attorney fees under the Lanham Act should consider the totality of the circumstances, as set forth in Octane…more

Costs of third-party funding awarded in arbitration

The Commercial Court has stated that it is within an arbitral tribunal’s discretion to award to a claimant its costs of third-party funding, including the uplift payable by the claimant in the event of success. This decision is…more

Paris Agreement to Enter into Force: Implications for Enforcement in the United States and Internationally

Global policy on climate change and greenhouse gas regulation is poised to take a significant step forward as the Paris Agreement (“Agreement”) enters into force just before international climate negotiations resume in Morocco next…more

Election Cheat Sheet – What to Watch

The 2016 election has been the focal point of the country for the past year. As Americans prepare to head to the polls on Tuesday, November 8, we wanted to provide a quick primer on how the election could impact the balance of power…more

Nominee Directors: Rights and Responsibilities

It is common for shareholders of both public and private companies to nominate directors to sit on the companies’ boards on their behalf. This commonly occurs when an investor is an institution, when it has the contractual rights to…more

Microvi Announces DOE Grant For Biocatalytic Technology Utilizing Waste Biogas

On October 11, 2016, Microvi Biotechnologies Inc. (Microvi) announced that it had been awarded a grant by the U.S. Department of Energy (DOE) for work on new biocatalytic technology that converts the methane and carbon dioxide (CO2)…more

Further expansion of corporate criminal liability

With the publication of the draft Criminal Finances Bill 2016-2017 on 13 October 2016, businesses have been put on notice of what stands to be the largest expansion of UK corporate criminal liability since the Bribery Act 2010. In case…more

Vehicle Manufacturer Wins Summary Judgment on Keyless Entry System Claims

The U.S. District Court for the Central District of California recently granted Maserati, North America, summary judgment in a proposed class action concerning the manufacturer’s Ghibli model remote keyless entry system. See Elsayed…more

ABC Files Lawsuit Challenging “Blacklisting” Executive Order

As we recently reported, the Federal Acquisition Regulatory (FAR) Council has published a final rule, effective October 25, 2016, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting” Executive…more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - October 2016 - Issue 8: European Legal Developments

EMIR – Revised List of CCPs and New Rules to Mitigate Risks in Non-Cleared OTC Derivative Transactions ESMA updated its list on 29 September 2016 of third-country central counterparties recognised to offer services and activities…more

DOJ and FTC provide guidance on avoiding antitrust violations in Human Resources practices

The Department of Justice (DOJ) and the Federal Trade Commission (FTC) last week issued antitrust guidelines for human resources (HR) professionals. The guidelines highlight the most common antitrust violations, based on a review of…more

MHRA Updates Guidance on Healthcare Apps as Medical Devices

Healthcare apps are becoming a greater part of everyday life. The increasing prominence and functionality of these apps has lead to the question of when healthcare apps should be regulated as medical devices. In the United States…more

NY DOL To Increase Salary Threshold for Exempt Employees

As we all know, the revisions to the FLSA’s “white collar” exemptions will take effect December 1 and will increase the salary level required for the executive, administrative, and professional exemptions to $913 per week (or $47,476…more

FWW Under Attack

As employers prepare for the Department of Labor’s new salary threshold for executive, administrative and professional exempt employees, many turn to the Fluctuating Work Week (FWW) method of calculating overtime pay. Under FWW…more

WTO Appellate Body Report: EU – Biodiesel (Argentina)

Decision: The WTO Appellate Body has delivered a mixed verdict in Argentina's challenge to EU anti-dumping measures on biodiesel. The Appellate Body rejected Argentina's claims that part of the EU Basic Regulation on anti-dumping…more

OSHA Update: OSHA Issues Comprehensive Recommended Practices for Safety & Health Programs

On October 18th, OSHA issued its long-awaited “Recommended Practices for Safety and Health Programs”. The Recommendations replace OSHA’s 1989 Voluntary Guidelines with a comprehensive web-site containing numerous resources to set up or…more

Health Alert (Australia) October 24, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 19 October 2016 - Damir Redzepovic v Western Health [2016] VSCA 251 The applicant sought leave to appeal from a…more

Financial Services Quarterly Report - Third Quarter 2016: The Evolving DOL Fiduciary Rule: Impact on Mutual Fund Distribution and Broker-Dealers Generally

The U.S. Department of Labor (DOL) issued the final version of its “fiduciary investment advice” regulation (Final Rule) on April 6, 2016, following a lengthy proposal and re-proposal process. Although the Final Rule reflects various…more

Significant Increase in USCIS Filing Fees to Take Effect in December 2016

Seyfarth Synopsis: Effective December 23, 2016, the filing fees for many USCIS nonimmigrant and immigrant petitions and applications will increase. The filing fees for USCIS nonimmigrant and immigrant petitions and applications…more

An Introduction to Corporate Guarantee

In the UAE, the risk management activities inherent in running a corporate or investment banking business remain of crucial importance, not least because of the strong local characteristic of “name lending”, by which is meant lending…more

PA Superior Court Clarifies that Employers May Not Mandate Payroll Cards

It is helpful to have this clarification, even if perhaps this is not the news employers have been eagerly awaiting. On October 21, 2016, the Pennsylvania Superior Court weighed in on the issue of mandatory payroll cards. As we…more

Hiring Without Headaches – A Possibility or Fantasy?

So this week, I’ll be speaking at our firm’s semi-annual Labor & Employment Law seminar. Amazingly, we have reached capacity for this event and are now taking names for a waiting list! Many thanks to all who have signed up. It should…more

Court Holds That Fashion Designer Karen Millen Cannot Use Her Name in Connection with Future Clothing Lines

A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and homeware…more

DHS Finalizes Rule to Increase Fees

The U.S. Department of Homeland Security (DHS) finalized a rule that will increase immigration fees. The proposed rule was issued on May 4, 2016, and the final rule will go into effect on December 23, 2016 (60 days after publication)…more

Countries at a Glance: Mexico - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - It is becoming more common for employees to claim they have entitlements under Plans. Standard waiver and consent provisions…more

Colleges/Universities Granted Extended Relief for Premium Reductions in Connection with Student Health Insurance

The Departments of Labor, Health and Human Services and the Treasury (collectively, the “Departments”) on Friday extended enforcement relief, via publication of FAQs About Affordable Care Act Implementation Part 33 (“FAQs”), to higher…more

Federal Circuit Clarifies Pleading Requirements for Joint Infringement

Earlier this year, we discussed the potential ramifications of the December 2015 amendments to the Federal Rules of Civil Procedure on the pleading standard of infringement following the decision in Rembrandt Patent Innovations LLC v…more

January 1st is Quickly Approaching – Have you Reviewed your Health Plan for Section 1557 Compliance?

Earlier this year the U.S. Department of Health and Human Services (“HHS”) finalized regulations that implement Section 1557 of the Affordable Care Act (“Section 1557”). You can read our prior discussions of these regulations in our…more

Food and Beverage News and Trends - October 2016 #2

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. WHO announces support for taxes on sugary drinks. The World Health Organization…more

EU Top Court Rules IP Addresses Maybe Protected Personal Data

In a decision that could have significant impact for online companies that have European operations, the European Union’s (EU) top court ruled that Internet Protocol addresses (IP addresses) could, under certain circumstances…more

Lawyers, Is Social Media Worth It? You Decide.

I’ve heard these comments, or ones similar to them, many times in the past several years. “I’m not sure this is all worth it….this Social Media thing.” “I tried LinkedIn, but it didn’t produce anything for me.”…more

Thoughtful Approach to Trademarks is Important for Food and Beverage Companies: Insights from Nutter’s Pat Concannon

Patrick J. Concannon, a partner in Nutter’s Intellectual Property and Business Departments, weighed in on the importance of trademarks in the food and beverage industry in Nutter Insights. Pat analyzed how trademarks come into play…more

ITC Section 337 Update – October 2016

Commission Suspends ‘939 Investigation Enforcement Pending PTAB Result - On July 21, 2016, the International Trade Commission (“the Commission”) issued a notice that it had found a violation of Section 337 in Certain Cinema Systems and…more

Bipartisan Policy Centers Releases Report on Financial Regulation

The Bipartisan Policy Center, a US-based non-profit organization, issued a paper entitled “Did Policymakers Get Post-Crisis Financial Regulation Right?” The paper analyzes the effects of financial regulation post-financial crisis and…more

When do you require a specialist builder’s licence for structural steelwork? - A case study of Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte Ltd [2016] SGCA 42

In Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte Ltd [2016] SGCA 42, the Court of Appeal (CA) firstly, affirmed the High Court decision that a disjunctive interpretation of the term “structural steelwork”…more

Where Have You Gone Chico Escuela! Using Split Dollar Life Insurance for Major League Baseball Players

Overview - When I grew up in the Panama Canal Zone, the country of Panama still had winter league professional baseball up until 1970. They frequently played weekend games at the high school field down the street from my house…more

US Federal Reserve Board Chair Janet Yellen Testifies Before House Committee on Financial Services

Janet Yellen, Chair of the Federal Reserve, testified before the Committee on Financial Services of the US House of Representatives. Yellen began by discussing the Federal Reserve Board’s efforts to strengthen regulation on the largest…more

The “Collateral Source Rule” is Alive and Well in California!

Woodland Hills personal injury attorney Barry P. Goldberg is often confronted with situations where there are multiple sources of insurance recovery for his clients. Many clients do not realize that the “Collateral Source Rule” may…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Kilpatrick Townsend attorneys are fully engaged in the success of the firm's clients. We deliver results-oriented counsel for corporations at all stages of the growth cycle, from the challenging…

[ About | Legal Updates ]