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$1 Billion in Credit Assistance Now Available from EPA’s New Water Infrastructure Program

On January 10, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of $1 billion in credit assistance for water infrastructure projects under the new Water Infrastructure Finance and Innovation Act (WIFIA)…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

Agencies Extend Comment Period for Advance Notice of Proposed Rulemaking on Enhanced Cyber Risk Management Standards

On January 13, 2017, the Federal Reserve Board, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation changed, from January 17, 2017 to February 17, 2017, the deadline for comments “for the advance…more

False Claims that Don’t Violate the False Claims Act

The False Claims Act (FCA) establishes heavy liability (treble damages and penalties that can exceed over $20,000 per claim) for any person who knowingly presents a false claim for payment to the government. It also provides a right…more

Bipartisan Support in Michigan Delegation to Study and Potentially Shut Down Enbridge Line 5 Pipeline

Democrat John Dingle and Republican David Trott had introduced legislation mandating federal study on the safety on the Enbridge Line 5 Pipeline and requiring its closure if the study determines it is not safe. There is…more

[Video]Your Cyber Minute: Harriet Pearson and Greg Lisa on the Proposed NYDFS Cyber Security Regulation

Hogan Lovells partners Harriet Pearson and Greg Lisa discuss the proposed cyber security regulation from the New York State Department of Financial Services (NYDFS), which will go into effect in March 2017. Lisa explains why this…more

President Trump’s First ACA “Executive Action”

Shortly after his January 20 inauguration, President Trump signed an Executive Order (promptly published by Politico) titled, “Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Appeal.” It’s most…more

Reductions in Force and the Older Workers Benefit Protection Act

It is generally a good idea for companies not to disclose biographical information about their employees, such as marital status, religion, or age. Good HR professionals counsel managers not to ask for such information during…more

SHE Matters: Safety, Health and Environment Matters - Autumn/Winter 2017

Now more than ever, companies need to appreciate the significance of their financial position to when faced with a corporate manslaughter prosecution. Businesses should be on notice that regulatory fines may be much more significant…more

Ajit Pai Appointed Chairman of the FCC – Expect Change

In one of his earliest official acts, President Trump appointed FCC Commissioner Ajit Pai as the long-term Chairman of the FCC. While many thought Commissioner Pai was the most likely candidate to be named interim Chairman of the…more

Employee’s “Alternative Facts” Can’t Overcome Summary Judgment for Employer

As the week begins with new lexicon coming out of our nation’s capital, a recent federal court of appeals ruling reminds us that, in most situations, it’s the employer’s assessment of the facts, not the employee’s “alternative facts,”…more

IRS Releases February 2017 Federal Interest Rates

The 7520 rate for February 2017 has increased to 2.6%. The February 2017 Applicable Federal Interest Rates can be found below. Please see full Schedule below for more information…more

The Robins Kaplan Insurance Insight - Vol. 1, No. 1

Welcome to our newest publication, The Robins Kaplan Insurance Insight. Our goal is to deliver practical content to help you navigate the current challenges and latest developments in the insurance industry. This newsletter is curated…more

OCR Releases New Section 504 Resource Guide

On December 28, 2016, the Office for Civil Rights (“OCR”) within the U.S. Department of Education released several guidance documents, including a Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary…more

The Beginning of The Repeal of Obamacare?  Some Relaxation of The Rules For Small Employers

In my blog post last September, I told you that employers could no longer offer to pay their employees’ premiums for individual healthcare due to rules under the Affordable Care Act (“ACA”). However, starting January 1, 2017, small…more

Trump Takes Steps to Delay, Defer and Dismantle the Affordable Care Act

As one of his first acts in office, President Trump signed an Executive Order to delay, defer and dismantle the Affordable Care Act. Here are the President’s instructions to HHS: - 1. “(E)exercise all authority and discretion…more

President Trump's America First Energy Plan

With U.S. President Trump now in office, a look at his "America First Energy Plan" suggests potential directions for his administration. President Trump's energy strategy as posted on the White House website shortly after the…more

Another Great Unknown: the Future of LGBT Protections Under President Trump

During the first few weeks (or even months) in office, President Trump will have a lot of key issues (e.g., healthcare and immigration) on his agenda. What we do not know is whether President Trump and his administration will focus on…more

Recent Federal Circuit Decision Could Change the Game for Inter Partes Review Petitions

With limited exceptions, anyone but the patent owner can challenge the validity of a patent by filing an inter partes review (IPR) petition with the Patent Trial and Appeal Board. Not every IPR petitioner, however, can seek judicial…more

Basic HSR Threshold to Increase to $80.8 Million

The Federal Trade Commission (FTC) announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Once effective, the lowest size-of-transaction filing threshold (also known as the $50 million threshold)…more

Potential Implications to the ACA Under the Incoming Republican Administration – Part II: Physicians

In contemplating the ways in which physicians may be affected by the possible repeal of the Affordable Care Act (ACA)—and certain features of any legislation that may replace it—a good place to start is with the person selected by…more

Forward Movement in January 2017 Visa Bulletin Could Be Offset by Increased Demand

Perhaps in response to the recent presidential election, the demand for immigrant visas has noticeably surged across most employment-based immigrant visa preference categories. While the final action dates for most preference…more

DOJ Settles Mortgage Discrimination Lawsuit Against National Bank for $54 Million

On January 20, the U.S. Attorney’s Office for the Southern District of New York (USAO) announced that it had settled a recently-filed lawsuit against a national bank, resolving allegations of mortgage discrimination. As…more

Beyond Politics — Lessons of Inclusion Relevant to All California Employers

No matter which part of the political spectrum you might find yourself on, whether it be the far left, the alt right, or somewhere in between, this past weekend certainly provides some food for thought applicable to California…more

Update on amendments to Japan's privacy law

The amended Act on the Protection of Personal Information1 (the "Amended APPI") was published on 9 September 2015 and at that time it was further announced that the Amended APPI would come into force within two years from the date of…more

DHS Releases Proposed Amendments to EB-5 Regulations

The Department of Homeland Security (DHS) has released for public comment its amendments to the regulations governing the EB-5 Immigrant Investor classification: The EB-5 Immigrant Investor Program Modernization Rule…more

Draft Rules From the Department of Health Limit the Potential Number of Medical Marijuana Dispensaries

The Department of Health (“DOH”) has issued only seven medical marijuana dispensing organization licenses, and based on draft rules proposed this week, that number may not change…more

A Claim Is for Medical Negligence – Not General Negligence – When “Integrally Related” to a Patient’s Medical Treatment or Diagnosis

Nava v. Saddleback Memorial Medical Center, et al. is the latest in a line of cases regarding the definition of professional negligence in matters involving health care providers and the applicable statute of limitations. The Fourth…more

The FCPA Enforcement Run Continues into 2017

Just when we thought 2016 was over and we could all breathe a sigh of relief, DOJ and the SEC have continued to run with a string of new enforcement actions. To all of those prognosticators, paparazzi, commentators, chicken littles…more

The “New York Promise Agenda” Promises to Increase Employee Protections

On January 9, 2017, New York State Governor Andrew M. Cuomo proposed a package of reforms to promote his vision of social justice within the state. The wide ranging set of proposals included two Executive Orders focused on eliminating…more

2017 Food And Beverage Industry Outlook: Part 1

As 2017 marks the commencement of a new presidential administration, the food and beverage industry is one of many sectors facing anticipated regulatory and legislative reforms. Specifically, the industry can expect to see governmental…more

Reminder: FBARs Due in April Starting This Year

Until now, the Reports of Foreign Bank and Financial Accounts (FBAR) for foreign financial accounts was due on June 30 of each year, for purposes of reporting accounts for the preceding calendar year…more

CPSC Commissioner Ann Marie Buerkle Elected Vice Chair; CPSC under Regulatory Freeze

On January 19, 2017, Commissioners at the Consumer Product Safety Commission elected Commissioner Ann Marie Buerkle to be the next vice chair. Commissioner Buerkle was appointed to the agency by President Obama in May 2013 with a term…more

Minnesota Weekly Legislative Update: Movement on MNsure, Real ID in Short Week

The Minnesota Legislature had a short week, with offices closed on Monday due to Martin Luther King, Jr. Day. On Tuesday, legislators were back and committees continued with introductory hearings and began hearing bills. House…more

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