Latest Updates

Client Alert: Feds Shine a Light on Medicare Advantage Plans and Physicians Related to Risk Adjustment Practices

Although the sufficiency of medical records documentation supporting beneficiary diagnoses for Medicare Advantage (MA) risk adjustment has been on the OIG’s work plan since 2013, the Department of Justice has upped the ante with a 2016… more

Approved Biosimilar Products Around The world

Please see full chart below for approved biosimilar products around the world… more

CFPB Loses Borders Case: the Court Construes RESPA’s Statutory ABA Exemption according to its Plain Language

On July 12, 2017, a federal district court in Kentucky issued a summary judgment ruling for the defense in the ongoing Borders & Borders case brought by the Consumer Financial Protection Bureau (CFPB or Bureau). In this long-running… more

Parliamentary Procedure Quick Guide: How to Make Motions

Let’s start with an “according to Robert’s Rules” definition. A motion is a proposal that an organization, board, or committee take a specific action (according to Robert’s Rules of Order and other parliamentary procedure… more

Delaware Chancery Court Finds No Fiduciary Duty Breach, Notwithstanding Entire Fairness Review, And Determines Appraisal Value To Be Well Below Deal Price

On July 21, 2017, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery (i) entered judgment in favor of defendants Sprint Nextel Corporation (“Sprint”) and Softbank Corp. (“Softbank”) on claims of breaches of fiduciary… more

News from Abroad -- Lilly v Actavis -- Supreme Court Introduces a Doctrine of Equivalents in the UK

The UK Supreme Court's judgment in Lilly v Actavis has profound implications for the scope of protection provided by patent claims in the UK. Originally published in J A Kemp on July 23, 2017… more

Commercial building efficiency opportunities

A report prepared for the U.S. Department of Energy by the Pacific Northwest National Laboratory found that the nation's commercial building sector has significant potential to save energy by improving control measures and eliminating… more

Texas Supreme Court Says ‘Proportionality Is the Polestar’ in E-Discovery

In re State Farm Lloyds, No. 15-0903, 2017 BL 177212 (Tex. May 26, 2017). In this discovery dispute, the Texas Supreme Court “elucidate[d] the guiding principles” that govern discovery by concluding that its state rules align with… more

California Environmental Law and Policy Update - July 2017 #3

Environmental and Policy Focus - California Legislature extends state's cap-and-trade program in rare bipartisan effort to address climate change - Los Angeles Times - Jul 17 - California lawmakers voted Monday evening to… more

Consultation paper on the Banking Executive Accountability Regime

Further to our alert in May 2017, the Government has now released a Consultation Paper on the Banking Executive Accountability Regime (the Regime). We have summarised the key details of the Regime below..… more

Supreme Court Clarifies Specific Jurisdiction and Ends Forum Shopping Spree

The Supreme Court has put an end to a jurisdictional contrivance used by the plaintiffs’ bar to shop for a friendly state forum, even if neither the plaintiff, nor the defendant, nor the actionable conduct took place in those states… more

Second Circuit Applies Morrison to Rule 23 Predominance Analysis, in In re Petrobras Securities, but Rejects Third Circuit’s “Heightened” Ascertainability Requirement (July 7, 2017)

On July 7, the Second Circuit affirmed in part and vacated in part an order by Judge Rakoff of the S.D.N.Y. certifying two classes in the In re Petrobras Securities litigation, — F.3d –, 2017 WL 2883874 (2d Cir., July 7, 2017). In… more

CFPB Issues Semiannual Report, State-Level Snapshot of Complaints

Two new Consumer Financial Protection Bureau (CFPB) reports provide important insights into the CFPB’s and state regulators’ latest activities and enforcement targets… more

Case Targets Deceptive Trademark Solicitations

Applicants and registrants of trademarks are inundated with offers to perform potentially unnecessary services. These solicitations often come in the form of invoices, with prominent and false “due dates.” Other times, they resemble… more

Singapore: Consultation Exercise on Draft Cybersecurity Bill

The unveiling of the draft cybersecurity bill sheds light on proposed cybersecurity compliance standards and the broad, sweeping powers of Singapore’s Cyber Security Agency… more

Major Companies Call for Second Circuit to Declare Discrimination Based on Sexual Orientation Unlawful under Title VII

On May 25, 2017, the Second Circuit Court of Appeals agreed to rehear the case of Zarda v. Altitude Express, Inc. to determine whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual… more

CEQA News You Can Use - Vol. 2, Issue 2

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource for your… more

Must A Broker-Dealer Be Licensed As A Personal Property Broker?

Is your California securities broker-dealer a licensed personal property broker? Does it need to have such a license to make loans to its customers? Anyone reading California Corporations Code Section 25217(c) would conclude that it… more

Recent Changes to the Beneficial Ownership Register Regime in the UK

Important reforms designed to increase the transparency of the ownership and control of UK companies and English law LLPs were introduced in the UK on 6 April 2016. Among the most significant of these was a requirement for UK companies… more

Special Edition: Key BCRA Policy Concerns

Congressional action on repeal and replace took a number of significant turns in the past few days, and next steps still remain uncertain. On Monday evening, Senators Mike Lee (R-UT) and Jerry Moran (R-KS) joined Senators Susan Collins… more

Georgia Senate Special Tax Exemption Study Committee Holds First Meeting 

During the 2017 Legislative Session, Senate Resolution 222 created the Senate Special Tax Exemption Study Committee, which was tasked with examining the “costs and benefits” of all exemptions for Georgia sales and use taxes and income… more

In Case You Missed It: Launch Links - July, 2017 #3

Some interesting links we found across the web this week: 4 Lessons US Entrepreneurs Can Learn From Latin American Startup Culture Entrepreneur imports some startup wisdom from south of the border… more

State Legislature and Governor Work Quickly to Overturn Wilkes

On July 20, 2017, Governor Cooper signed into law House Bill 26. The Bill, which passed unanimously in the State Legislature, addressed and reversed portions of the recent Supreme Court decision, Wilkes v. City of Greenville. The Bill… more

Stock Transfer Restrictions Should Be Conspicuously Noted, Delaware Chancery Court Opinion Reminds Issuers

In Henry v. Phixios Holdings, Inc., C.A. No. 12504-VCMR,the Delaware Court of Chancery held that pursuant to Section 202 of the General Corporation Law, in order for a stockholder to be bound by stock transfer restrictions that are not… more

Controversial Rule by CFPB Limits Class Action Waivers in Arbitration Agreements

The Consumer Financial Protection Bureau ("CFPB") has issued a final rule that limits the use of pre-dispute arbitration agreements for many consumer financial products and services ("Rule"). Although the controversial Rule is final… more

USDOL To Propose Modified Tip-Pooling Regulation

Readers will recall our prior posts regarding the U.S. Department of Labor's regulatory position adopted in 2011 saying that an employer may not retain any of an employee's tips even if it..… more

You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?

E-mail is seemingly omnipresent. Day in and day out, we use it in our business, social, and personal affairs. Yet, the improvements to the technology associated with e-mail have far outpaced the development of the law concerning our… more

Court Finds That Breach Of Fiduciary Duty Claims Is Preempted By Trade Secrets Claim

In Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, a Texas entity that distributes produce throughout the United States filed suit against another Texas entity that imports foreign grown produce into the United States and other… more

How to Catch Trade Secret Thieves Who Try to Cover Their Tracks: A Forensic Perspective

As a special feature of our blog—special guest postings by experts, clients, and other professionals—please enjoy this blog entry from Jonathan Karchmer, a senior managing consultant at iDiscovery Solutions with experience in managing… more

Southern District Of New York Dismisses Securities Fraud Claims For Failure To Plead Reliance And Scienter

On July 10, 2017, Judge John G. Koeltl of the United States District Court for the Southern District of New York dismissed a putative securities fraud class action against E*TRADE Securities LLC (“E*TRADE”), E*TRADE Financial… more

Texas Utility Company Sends in the Drones to Inspect 5-Miles of Power Lines

More and more utility companies are finding drones (or more formally, unmanned aerial vehicles (UAV)) useful, and cost effective, to inspect power lines in lieu of sending up their employees to carry out the dangerous task. This month… more

Commercial Division Considers Creating Large Complex Case List

A specialized list for blockbuster commercial cases in New York’s Commercial Division is under consideration. If designated as a Large Complex Case on the “Large Complex Case List,” the case will be subject to enhanced case management… more

The Supreme Court Indirectly Stiffens A Fiduciary Breach Time Limit And Helps ERISA Fiduciaries In The Process

Seyfarth Synopsis: The Supreme Court appears to have barred equitable tolling under ERISA Section 413’s six-year statute of repose for fiduciary breach claims, subject only to well-pled allegations and proof of fraud or concealment… more

Oregon Expands Pay Equity Protections

Oregon recently enacted the Oregon Equal Pay Act of 2017 (H.B. 2005) (the “Act”). The Act broadly expands Oregon’s existing equal pay protections and imposes new restrictions on Oregon employers’ use of salary histories in recruiting… more

Court of Appeals Reiterates “Modest” Burden for Regulating Adult Uses in People Theatres of N.Y. Inc. v. City of New York

In People Theatres of N.Y. Inc. v. City of New York, 2017 N.Y. Slip Op. 04385, various owners of adult businesses (“Plaintiffs”) brought separate actions against the City of New York (“City”) based upon First Amendment challenges… more

Latest Supreme Court Decision on Travel Ban for Nationals of Iran, Sudan, Libya, Syria, Yemen, and Somalia: Close Relatives are Now Exempt

This is a follow-up to the Supreme Court’s decision on June 26, 2017 which allowed the Trump Administration’s Travel Ban affecting nationals of the six designated Muslim-majority countries to be partially implemented until its hearing… more

The BKPM Is Licensing Authority In Oil And Gas Matters

The Indonesian Minister of Energy and Mineral Resources (MoEMR) has delegated additional authorities to the Indonesian Investment Coordinating Board (Badan Koordinasi Penanaman Modal - BKPM) in issuing certain licenses for oil and gas… more

New Form I-9 Released

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. The form is available here. Form I-9 is used for verifying the identity and employment… more

Employment News - July 2017 #4

Compare and contrast – pension based on hours reduced because of disability was not discriminatory - The Court of Appeal has upheld the EAT decision in Williams v The Trustees of Swansea University Pension & Assurance Scheme that it… more

SCOTUS Puts the Class Action Waiver Issue at the Top of Its Agenda

Perhaps signaling the importance of the issue for American businesses and jurisprudence, the U.S. Supreme Court? chose the first day of its term beginning in October as the date to set oral arguments in three petitions for certiorari… more

Employment Law - July 2017

California Supreme Court Reverses PAGA Discovery Ruling - Why it matters - On July 13, 2017, the California Supreme Court in Williams v. Superior Court (Marshalls) issued its first opinion addressing the scope of discovery in… more

2018 Proposed Rules: Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System

On July 13, 2017, CMS issued the Calendar Year (CY) 2018 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center Payment System (ASCPS) proposed rule (Proposed Rule). CMS proposes to update OPPS rates by… more

FBI Issues Warning about Internet-Connected Toys

We previously reported about the microphone and video capabilities of Echo technology. The FBI is also concerned about this technology being used in toys that are connected to the Internet… more

As Trumpcare founders, GOP offers harsh paths for government on health

The Republicans haven’t waved a white flag—yet. They may never formally surrender. But the GOP’s seven-year, take-no-prisoners campaign to repeal and replace the Affordable Care Act, aka Obamacare, has foundered. For good?… more

Mid-Year IPO Trends - July 2017

Practical Law Company recently reviewed trends in the U.S. IPO market for the first half of 2017. In the first five months of 2017, 46 IPO issuers identified themselves as emerging growth companies (EGCs). Under the JOBS Act, EGCs are… more

Understand the other side

One of the great talents that most people lack is having empathy. I think empathy is an actual talent is because understanding what other people feel is something that can certainly give you a leg up in business… more

Stakeholder Symphony: 4 Ways Orchestrated E-Discovery Cuts Costs, Delays, and Errors

New Tech, Old Tricks: New technologies, data types, applications, updates to the Federal Rules of Civil Procedure, case law – E-Discovery is evolving faster than ever. And while many legal teams are investing in e-discovery… more

Reflections on My Interview with Hui Chen on Compliance Program Effectiveness

Hui Chen left her job as in-house compliance counsel for the Justice Department at the end of June, and I had the good fortune to be the first person to interview her post-departure… more

Meat Market San Juan Agrees to Conciliate EEOC Age Discrimination Investigation

SAN JUAN, P.R. - Meat Market San Juan, LLC, a steakhouse in San Juan, P.R., has agreed to pay a monetary amount to unsuccessful job applicants and to maintain a workplace free of discrimination to resolve an age discrimination… more

Private Investors Account for a Quarter of Global Real Estate Transactions

Private investors are becoming an ever more integral part of the commercial real estate market; it has been reported (here) that they now account for over a quarter of all global commercial real estate transactions. Further to this… more

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