Latest Updates

Healthcare & Life Sciences Private Equity Deal Tracker: Baird Invests in Prescient Healthcare Group

Baird Capital has announced it has acquired an interest in Prescient Healthcare Group. Baird Capital, based in Chicago, is the direct investment arm of Robert W. Baird & Co. It makes private equity, venture capital and growth equity… more

UK Asset Management Study - FCA’s Final Report and Package of Remedies

On 28 June 2017 the UK Financial Conduct Authority (FCA) published the final report for its study into the UK asset management market. The report describes the FCA’s final findings and sets out the regulatory changes and remedies the… more

New Sanctions Despite Iran’s Compliance With The JCPOA

Last week the Trump administration announced new Iran-related sanctions imposed against 18 Iranian entities and individuals. The sanctions are the administration’s response to Iran’s ballistic missile program and destabilizing actions… more

Contribution Under the Oil Pollution Act

The Fifth Circuit Court of Appeals held that a responsible party under the federal Oil Pollution Act (OPA) could seek contribution for cleanup costs—even though they may include purely economic damages—from a partially liable third… more

Living with the Robust Causality Requirement for Disparate Impact Under the Fair Housing Act

Two recent decisions from the Ninth Circuit Court of Appeals shine some light on the issue related to the United States Supreme Court's 2015 decision that under the Fair Housing Act recognized a right to seek disparate impact claims… more

SEC Exercises Jurisdiction Over Initial Coin Offerings

On July 25, 2017, the U.S. Securities Exchange Commission issued an Investigative Report detailing its investigation of an initial coin offering of digital tokens representing interests in a decentralized autonomous organization… more

What's a Coverage Defense? 11th Circuit Addresses Coverage Defenses under the Florida Claims Administration Statute

When coverage is at issue, the interplay between a policy’s language and an insurer’s duties under the Claims Administration Statute, Florida Statute Section 627.426, becomes a key factor in claims handling for insurers. In… more

Illinois Makes Moves on Geolocation Privacy

In April, US President Donald Trump signed a bill rejecting Obama-era regulations on the consent needed for a broadband internet access service (BIAS) provider to use and disclose a consumer’s sensitive information—including… more

Sustainable Development Update - July 2017 #4

Sustainable Development Focus - Commercial office space green building on rise - Proud Green Building - Jul 21 - Green building in commercial office space continues to grow, according to a new CBRE study. The National… more

CMS Proposes $80 Million Cut in in Home Health PPS Payments for 2018, Additional Significant Reforms for 2019

CMS is proposing to cut CY 2018 Medicare home health prospective payment system (HH PPS) payments by 0.4% — or $80 million overall — compared to 2017 rates under a proposed rule published on July 28, 2017. Furthermore, the agency plans… more

Schwartz v. Accuratus Corp.: Nonspouse’s “Take-Home” Liability Case

The U.S. District Court for the Eastern District of Pennsylvania recently issued a decision that permitted a frequent visiting nonspouse to maintain a “take-home” exposure claim under New Jersey law. Although the Court was careful to… more

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for developers - UPDATE - July 2017

UPDATE: Based upon a settlement reached with Respondents, Petitioners filed a motion seeking dismissal of their petition for a writ of certiorari to the Court of Appeals. They also asked the Court to vacate the opinion of the Court… more

Sanctions For False Pleadings

In many cases, clients ask us if we can file a motion against the other party for filing a false or frivolous pleading. In a recent opinion, the Commonwealth Court of Pennsylvania outlined the way in which a party must file a motion… more

2017 Wildfires Expected to Cause Surge in Insurance Claims

Wildfire season in North America is off to a raging start this year. Fire activity in the western United States increased significantly in June as preexisting dry conditions and record-setting heat events created the perfect conditions… more

FOIA Rules over the CWA – Short and Simple

In what may be one of the shortest opinions of importance, the United States Court of Appeals for District of Columbia Circuit put an end to a Freedom of Information Act (FOIA) that closed down a challenge by the Environmental… more

Silver Birch Genetics Explained

A recent report in the scientific journal Nature Genetics 49: 904–12 (May 2017), doi:10.1038/ng.3862, disclosed the results of genomic DNA sequencing and analysis of Betula pendula, the silver birch tree… more

If You Are Not Using Checklists, What Are You Waiting For?

Before leaving for the Amazon, Nicole left an article for me from the Illinois Bar Journal, The Checklist Manifesto for Lawyers. It discusses Atul Gawande‘s incredible book, The Checklist Manifesto. The IBJ article is not special, but… more

Maryland and Washington Converting to Electronic Surety Bonds on NMLS

On August 1, 2017, the Maryland Commissioner of Financial Regulation will start using the new Electronic Surety Bond (ESB) through NMLS… more

FINRA Public Offering Proposal Excludes All Insurance Contracts

For the first time since 2004, FINRA has proposed major amendments to its requirements that govern the terms of the underwriting arrangements for most public offerings of securities and mandate that such arrangements be submitted to… more

Employer May Be Held Liable For Employing Murderer!

Claims of negligent hiring, training, and retention is alive and well. Employers must be prepared to investigate, and fully remediate supervisors’ misconduct. Recently, the Seventh Circuit Court of Appeals (Illinois, Wisconsin… more

Joint Employment Game Changer? Proposed Law Would Radically Alter Definition In Employers’ Favor

Employers across the country should collectively cross their fingers and hope that HR 3441, also known as the “Save Local Business Act,” becomes law in the near future. The bill, introduced in the House of Representatives this morning… more

The Emergence of Third Party Preferred Equity as a Financing Device

Increasingly, buyout sponsors are turning to third party preferred equity as a financing tool for their transactions. Structured to be treated as equity for debt rating agencies, bank regulatory regimes and in-place debt facilities… more

Employers Must Use New Form I-9 As Of September 18, 2017

United States Citizenship and Immigration Services (USCIS) recently announced a revised and updated version of Form I-9 that employers must use to verify identity and employment authorization of all new hires, effective September 18… more

House of Commons Publishes Briefing Paper on Brexit and Data Protection

The House of Commons Library, which aims to provide impartial research and analysis to MPs and their staff, has published a briefing paper on the impact of Brexit on data protection law in the UK (“the Paper”). The Paper summarises… more

Japan Legal Update - Volume 27 | July 2017

On June 7, 2017, Japan signed the "Multilateral Convention to Implement Tax Treaty-Related Measures to Prevent Base Erosion and Profit Shifting" ("MLI"). The MLI is a part of the OECD/G20 base erosion and profit-shifting ("BEPS")… more

North Carolina Gov. Roy Cooper Approves Major Renewable Energy Reform Bill

Gov. Roy Cooper today signed House Bill 589, enacting legislation that significantly expands solar business opportunities in North Carolina… more

[Video]Day 19 of One Month to More Effective Internal Controls-COSO Objective V- Monitoring Activities

COSO Objective V-Monitoring Activities The fifth and final Objective is Monitoring Activities. The Framework Volume says, “Ongoing evaluations, separate evaluations, or some combination of the two are used to ascertain whether each… more

Massachusetts Finalizes New Pregnancy Workplace Law: What to Expect When Your Employees Are Expecting

Massachusetts just joined 21 other states and the District of Columbia by enacting a comprehensive pregnancy workplace law with unanimous support from the legislature, employee advocates, and the Massachusetts business community… more

…And Finally, The Department Of Labor Asked For Comments Before Proposing A New Overtime Rule

It seems that a lot is going on in DC these days. In what may have been lost in all the other activity, yesterday the Department of Labor issued a Request for Information seeking notice and comment before issuing revised proposed… more

Repeated Discovery Failures And Abusive Litigation Tactics Warrant Terminating Sanctions, Treble Damages, Attorney Fees And Permanent Injunction Against Defendant In Patent Litigation Case.

In TASER International, Inc. v. PhaZZer Electronics, Inc. et al, 6-16-cv-00366 (FLMD July 21, 2017, Order), a Florida District Court took the drastic step of entering a default judgment in favor of Plaintiff Taser, along with an award… more

A Shot Across the Bow - and a Welcome One

In the wild west of token sales, that some refer to as “initial token offerings,” on July 25, the SEC finally jumped into the fray and said . . . well, actually, not that much. The SEC investigated Slock.it, a decentralized autonomous… more

Moody’s Chief Economist: “More Immigration is the Single Best Way to Consistently Lift Economic Growth and Standards of Living”

At a panel discussion in New York this week, the Chief Economist for Moody’s Investors Service, Mark Zandi, said that “[m]ore immigration is the single best way to consistently lift economic growth and standards of living.”  The panel… more

CMS Proposes Medicare Physician Fee Schedule Update for 2018

The Centers for Medicare & Medicaid Services (CMS) has published its proposed rule to update the Medicare physician fee schedule (PFS) for calendar year (CY) 2018. The proposed rule addresses numerous Medicare policies, including:… more

Important Clarification Received Regarding 2018 VETS-4212 Filings

It’s that time of year again to start preparing for the annual required VETS-4212 filing. Nothing will change for this year (2017) reporting cycle. Starting August 1, 2017, contractors will be able to file their 2017 reports through… more

Little-Known $600 Million Collection To Be On Permanent Loan To Museum In Italy

In recent art world news, earlier this month the Castello di Rivoli Museum of Contemporary Art of Turin, Italy announced an agreement with the Fondazione Francesco Federico Cerruti per l’Arte to maintain and display the impressive but… more

Trump V. Sessions: Are We Witnessing A “Constructive Discharge” In Real Time?

As anyone who’s been following the news is aware, President Trump has been publicly and repeatedly indicating his displeasure with Attorney General Jeff Sessions. We are a non-partisan blog, so I’m not going to get into who’s right and… more

5 Free Legal Resources for Arizona Consumers

When it comes to consumers being sued by debt collectors in Arizona the overwhelming majority of consumer represent themselves in court. In fact, studies show that less than 1% of consumers being sued by a debt collector actually hire… more

CNN Receives FAA Waiver for Drone Flights Over People for Movies and TV

CNN’s Aerial Imagery and Reporting (CNN AIR) unit received its Federal Aviation Administration (FAA) Part 107 waiver last week for closed-set drone operations over people for motion picture and television filming. This is the first… more

Changes in Retail Landscape Create Opportunities for Real Estate Industry

Search “Death of Retail” on Google.com and, as of July 26, you will get approximately 855,000 hits, many of which stress the negative impact that online sales and Amazon, in particular, have had on traditional retailers. However… more

New DOJ Policy Likely To Result In Increase In Forfeitures

Attorney General Jeff Sessions has announced a new Department of Justice policy regarding the federal adoption of assets seized by state or local law enforcement under state law. The new policy, issued on July 19, 2017, is intended to… more

Be Careful When Sending Out That Cease And Desist Letter To Protect Your Trademark

It has become an almost perfunctory practice. You catch wind of another business using a confusingly similar name. You then call a lawyer to immediately send out a cease and desist letter. More often than not, this would be the right… more

Alert: China’s Government Issues Foreign Investment Industry Guidance Catalogue (2017 Version)

On June 28, 2017, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) jointly issued the Foreign Investment Industry Guidance Catalogue (2017 Version) (the… more

For your DC trustee agenda: current legal issues

Welcome to our monthly update on current legal issues for trustees of DC pension schemes, designed to help you stay up to date with key developments between trustee meetings, and to support the legal update item on your next trustee… more

Where Do the California Supreme Court’s Certified Questions Come From?

This week, we begin a new study – a detailed study of the California Supreme Court’s certified questions. In Table 256, we report the year-by-year certified questions totals on the Court. No certified questions appear among the… more

Future Of Deferred Action Program Uncertain As Attorneys General Group Warns Of Possible Court Case

The Texas Attorney General, along with counterparts in nine other states (the group that successfully challenged the Deferred Action for Parents of Americans and Lawful Permanent Residents program, DAPA), has sent a letter to Attorney… more

AFRICA - A Legal Guide for Business Investment and Expansion: Egypt

1 .What role does the government of Egypt play in approving and regulating foreign direct investment? Egypt has traditionally been a leader in the Arab world in the political, cultural, and economic spheres. Due to recent positive… more

Indonesia tightens control over changes in shareholding and boards of oil & gas, power, geothermal and mining companies

Indonesia just issued a new regulation (Reg. 42/2017) that extends governmental control on private and foreign investment in the energy and mining sectors. Whilst similar forms of control already existed in the upstream oil & gas… more

Battle Of The Feds! DOJ, EEOC Lock Horns On Sexual Orientation Bias

Whoa. The U.S. Department of Justice and the Equal Employment Opportunity Commission are at cross purposes in the “gay skydiver” case. Are they ever… more

Employers’ right to keep employee tips

A recent decision by the federal appeals court that covers Oklahoma ruled that employers are not required to share customer tips with employees who are already receiving wages at or above the minimum wage amount… more

Music Licensing Basics: How to Legally Use Someone’s Music in Your Business

Introduction - •Music copyrights: –Musical works – sheet music and lyrics •Author is generally composer/lyricist and controls •Can be administered through a music publisher - Please see full Presentation below for more… more

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Cranfill Sumner & Hartzog LLP (CSH Law) is a North Carolina-based law firm with more than 80 attorneys serving clients statewide with offices located in Raleigh, Charlotte, and Wilmington. Building on…

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