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Rolls Royce Global Enforcement Action-Part III, the US DPA

Today I continue my exploration of the Rolls-Royce global corruption enforcement action by considering the company’s resolution in the US under the Foreign Corrupt Practices Act (FCPA). Before we dive into that, I first want to…more

New guidance note on reinsurance for Hong Kong insurers

A new guidance note on reinsurance for Hong Kong insurers (“GN17“) came into effect on 1 January 2017. GN17 contains a number of general requirements with regard to the management and monitoring of reinsurance arrangements. The…more

The Final Four Binding PAC Opinions of 2016 Remind School Districts of FOIA and OMA Requirements

In the final days of the year, the Illinois Public Access Counselor (PAC) issued four binding opinions that reiterate the requirements of both the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA). Below is a discussion…more

Health Care Reform in Transition While Congress Deliberates

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze health…more

New York State and Seattle Lead Discussion on Portable Benefits

In an effort to head off litigation by workers claiming they have been misclassified as contractors, companies using a largely on-demand workforce have been working with the New York State Assembly to develop a system of portable…more

Landmark decision of the German Federal Supreme Court: Cease and desist orders comprise the obligation to recall infringing products

BGH, 29th September 2016 – I ZB 34/15, published on the 10th January 2017 - The German Federal Supreme Court decided on the 29th September 2016, published on the 10th January 2017, to the surprise of many that a cease and desist…more

Argentine Data Protection Authority Approves Model Clauses

The Argentine Data Protection Authority recently issued a new regulation approving two sets of model contractual clauses (controller-to-controller and controller-to-processor) for the international transfer of personal data…more

Department of Labor Refuses to Let the Clock Run Out on the Persuader Rule…How about Overtime?

On January 12, 2017, the Department of Labor filed a notice of appeal of District Judge Sam R. Cummings’ November order that blocked the Department of Labor’s controversial “persuader rule.” The rule, discussed by HRLegalist when it…more

How Keeping Good Records Can Minimize A Retirement Plan Sponsor’s Liability

Besides being a religious text, the Bible is essentially a history book detailing major religious events like the Exodus from Egypt. A history book is a record of events that can be passed down from generation to generation…more

Now You Can Be Up to Your QNEC in Forfeitures

On January 18, 2017, the IRS issued proposed regulations allowing amounts held as forfeitures in a 401(k) plan to be used to fund qualified nonelective contributions (QNECs) and qualified matching contributions (QMACs). This sounds…more

Want to Ruin Your Relationships? Ask Family and Friends to Fund Your Startup

When you need cash to fuel your startup, it’s tempting to “think local.” The people with the strongest ties to you—relatives, friends, college roommates, running buddies, and co-workers—are the ones who believe in you. You’d probably…more

Texas, Adjacent States Get New OSHA Regional Administrator

A warm welcome to Kelly Knighton, the new OSHA Administrator for Region 6, which covers Texas and adjacent states. Knighton joined OSHA in 1995 as a Houston-based inspector and later as a compliance assistant advising employers on…more

The EEOC Report: A Look Back at 2016

Happy New Year! The EEOC has released its report for the year 2016, and along with its statistical data are a few very positive trends with regards to how charges are processed and received. The Numbers from 2016 - The EEOC…more

2017 Proxy Season: Key ISS Compensation-Related Updates

Companies should consider compensation-related changes to ISS policies when preparing for annual meetings on or after February 1, 2017. Institutional Shareholder Services (ISS) recently released updates to its 2017 voting policies…more

AG Empowers EU Privacy Suits with Redress Act Designations

Earlier this week, the U.S. Attorney General designated 26 countries and the European Union as “covered countr[ies]” under the Judicial Redress Act. The Attorney General has simultaneously designated 13 “Federal agenc[ies] or…more

Important news for mining companies with existing or future projects in the California desert

BLM releases maps showing 1.3 million acres of proposed mining withdrawal - On January 13, 2017, the U.S. Bureau of Land Management (“BLM”) released maps showing the areas that BLM, on December 28, 2016, proposed to withdraw from…more

Rolls-Royce Pays Over $800 Million to Settle Global Corruption Investigation

On January 16, British engineering group Rolls-Royce Plc announced a global settlement of more than $800 million dollars with anti-corruption authorities in Britain, the U.S. and Brazil, making it the fifth-largest global enforcement…more

Check the Drama at the Door, Part I: A 10-Point Checklist for Avoiding and Resolving Workplace Conflict

Conflict at work is inevitable. Despite this reality, there are many steps that employers can take to avoid and resolve workplace strife. According to a 2014 study, office workers spend, on average, 2.5 hours per week trying to resolve…more

Corporate Criminal Liability: the UK is Now Talking the Talk and Walking the Walk

The UK’s growing focus on corporate criminal liability was seen in two recent pieces of news. Last Friday the government announced a consultation on extending the reach of corporate criminal liability to additional economic…more

Should You Arbitrate Your Family Business Disputes?

When family business disputes erupt, the parties often end up in court, where a judge or a jury will decide their fates. Litigation of these cases often takes years. In Massachusetts Superior Court, for example, the rules provide for…more

Provisional Start Date Announced for the Unified Patent Court

The Unified Patent Court (UPC) Preparatory Committee announced this week that it is now working on “the assumption that the Provisional Application Phase (PAP) will start end of spring 2017, presumably in May, and that the Agreement on…more

Coherus Announces Positive Topline Phase III Results for its Humira Biosimilar

Coherus Biosciences announced “positive topline 24-week treatment phase three results” in patients with psoriasis for CHS-1420, its proposed biosimilar to Humira® (adalimumab). Coherus stated that it anticipates filing its Biologic…more

Change is Coming: A Look at Trump and Republican Tax Proposals

Tax reform is coming, and you better be ready. Regardless of how you voted in November, the United States will have a new president Friday and the Republican Party will be in control of both houses of Congress. President-elect…more

Exploring FLSA Section 7(i) — Can You Use it to Exempt Commissioned Employees from Overtime?

A common question we often get asked by our health and country club clients is whether their trainers, tennis and golf professionals, and other similar employees may be considered commissioned employees of “retail or service…more

Court reported to reject request of plaintiffs in another case challenging CFPB’s constitutionality for consolidation with PHH

According to a Law360 report, the D.C. federal district court has denied the request of the plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew, et al. to consolidate their case with PHH on appeal to the D.C. Circuit…more

Federal Circuit Requires Standing to Appeal PTAB’s Final Decisions

Although arguably foreshadowed, some may be surprised to learn that a party with the right to challenge the validity of a patent at the United States Patent and Trademark Office (“USPTO”) may not have the right to appeal an unfavorable…more

Foreign Investment in the Philippines: Recent Developments

Following the recent decision by the Supreme Court of the Philippines in Roy III v. Chairperson Teresita Herbosa (Roy) we take the opportunity to review the foreign investment landscape in the Philippines, the implications of this…more

Revisiting Ascertainability: The Ninth Circuit Court of Appeals Weighs in on “Ascertainability” for Class Certification

Over the past four years, the federal circuit courts have frequently been called upon to address the proper role and scope of the “ascertainability” requirement in the class certification analysis. The results have varied by circuit…more

Super Bowl Office Betting – Does it Cross the Line?

Riding her beloved Packers late-game win against the Dallas Cowboys, Allfer Funn, owner of Con Genial, is polishing her cheese head hat and dusting off her Super Bowl Squares Pool from last year in anticipation of the Big Game in a…more

Employer Did Not Owe Legal Duty to Protect Employees' Hacked Personal and Financial Records

University of Pittsburgh Medical Center (UPMC) maintained a human resource database containing current and former employees' names, dates of birth, social security numbers, tax information, addresses, salaries, and bank information…more

Potential Implications to the ACA Under the Incoming Republican Administration – Part I: the Insurance Industry

In the uncertain atmosphere surrounding the process of ‘repealing’ and replacing the Affordable Care Act (ACA), there are some clues as to what we can expect to come next, at least with regard with the health insurance industry…more

TSCA: EPA Releases Proposed Chemical Risk Evaluation Process Under New TSCA

On January 19, 2017, the U.S. Environmental Protection Agency (EPA) proposed a process for conducting risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment…more

Miami-Dade County Commission Approves Incentive-Driven Workforce Housing Ordinance

On December 20, 2016, the Miami-Dade County Board of County Commissioners approved an Ordinance proposed by Commissioner Barbara Jordan that provides incentives for builders to offer workforce housing units in new developments within…more

Virginia Court Dismisses RICO Claim Against WYO Flood Insurer and Its Adjusters

The preemptive effect of the National Flood Insurance Program (NFIP) on overlapping claims asserted by policyholders based on federal and state common law theories of liability is well established. “Numerous courts have held that…more

Ohio Federal Court Rules That Bank is Not Liable Under Ohio Securities Act for Providing Ordinary Banking Services to Customers Who Operated Ponzi Scheme

In a January 10, 2017 decision, United States District Judge Thomas M. Rose in the Southern District of Ohio ruled that plaintiffs, who claimed to be investors in a Ponzi scheme operated by customers of PNC Bank, failed to state a…more

FTC Announces Two Telemarketing Cases

On January 13, 2017, the Federal Trade Commission (FTC) announced that it filed two lawsuits against more than a dozen individual and corporate defendants allegedly coordinated by two individuals. In the complaints, the FTC alleges…more

Breaking News: MSHA to Publish Final Rule for Workplace Exams in Metal and Nonmetal Mines

As a parting gift from Joe Main, the departing Assistant Secretary of Labor for the Mine Safety & Health Administration (MSHA), MSHA released this week the final rule for Examinations of Working Places in Metal and Nonmetal Mines. MSHA…more

[Video]Day 19 of 30 Days to a Better Compliance Program-Compliance Expertise on the Board

Every Board of Directors need a true compliance expert sitting on their Board. Almost every Board has a former Chief Financial Officer (CFO), former head of Internal Audit or persons with a similar background and often times these are…more

L.A. County Sheriff’s Department Begins Use of UAS for Dangerous, Hostile and Life-Saving Operations

The Los Angeles County Sheriff’s Department’s (LASD) use of unmanned aircraft systems (UAS or drones) has been approved by the Federal Aviation Administration (FAA) for “dangerous, hostile and life-saving operations.” LASD Sheriff, Jim…more

Federal Agencies Announce Revision to Modernize Federal Policy for the Protection of Human Subjects

On January 19, 2017, the U.S. Environmental Protection Agency (EPA), together with a host of other federal agencies, announced revisions via a final rule to modernize, strengthen, and make more effective the Federal Policy for the…more

Immigration Update: New Rule on Unfair Immigration-Related Employment Practices Effective January 18, 2017; Changes to National Interest Waiver Standard

On December 19, 2016, the Department of Justice (DOJ) issued a final rule that revises the DOJ's regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to unfair immigration-related employment…more

What Will Employers Face After Tomorrow?

Employers across the country will be watching to see how and if President-Elect Trump’s positions on labor and employment issues materialize after his inauguration. He hasn’t been as vocal on labor and employment issues as on other…more

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers are often…more

Sovereign Green Bonds: Poland sets a precedent

Demand in the Green Bond market has historically been driven largely by environmentally and socially responsible investors. As the market becomes more mainstream, the investor base has expanded to include pension funds, insurance…more

Defence & Indemnity - December 2016: I. INSURANCE ISSUES B.

A vehicle owned by the insured or spouse, if insured, may be an “uninsured automobile” when taken without consent and therefore may be entitled to coverage under the O.P.C.F. 44R Endorsement as an “inadequately insured motorist”…more

Massachusetts Has Legalized Marijuana — Should Your Workplace Policies Go Up in Smoke?

On November 8, 2016, voters in Massachusetts (along with their counterparts in Maine, California, and Nevada) voted to legalize the recreational use of marijuana. This means that recreational marijuana use is now legal in eight states…more

OSHA Civil Penalties Going Up Again – Adopts 2017 Maximums

Seyfarth Synopsis: The DOL has published its 2017 OSHA civil penalties. We had blogged previously about the U.S. Department of Labor’s (DOL) 2016 adjustments to the maximum civil penalty dollar amounts for OSHA violations. The DOL…more

EEOC Releases Fiscal Year 2016 Enforcement and Litigation Data

Agency Adds Statistics Detailing LGBT Charges - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 91,503 charges of workplace discrimination the agency received in…more

Looking Back at Predictions That I Made Three Years Ago, Part 2: eDiscovery Predictions Revisited

Earlier, I took a look back at two posts that comprised six eDiscovery predictions for 2014 that I wrote three years ago. I thought it might be fun to look back at those posts to see how those predictions fared. I covered the first…more

MISO Updates Interconnection Rules

FERC approved MISO’s proposed changes to its generator interconnection procedure (“GIP”) and generator interconnection agreement (“GIA”), designed to streamline MISO’s interconnection queue process. These changes will affect all…more

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