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On the Right Track: FRA Proposes High-Speed Train Rules

At the end of November, the Federal Railroad Administration proposed updates to the passenger train safety standards relating to the operation of high-speed trains. In the works for nearly a decade, the proposal amends existing…more

Justice Department Will Appeal Halt of New Overtime Rule

The U.S. Justice Department announced that it is appealing last week’s nationwide preliminary injunction that temporarily blocked implementation of the Labor Department’s new overtime rule. The rule, which was scheduled to go into…more

White House Publishes Mid-Century Strategy For Deep Decarbonization

On November 16, 2016, the White House filed the Mid-Century Strategy for Deep Decarbonization with the United Nations Framework Convention on Climate Change under the Paris climate deal. The strategy highlights the role that U.S…more

House Passes 21st Century Cures Act

On November 30, 2016, the House overwhelmingly passed (392-26) the 21st Century Cures Act (“Bill”). The Bill moves on to the Senate next week and it is projected to pass in the Senate as well. Notably, the Bill seeks to improve upon…more

Burden of Proof Issues in Gift Tax Matter

A recent case illustrates 3 important burden of proof issues. The general facts of the case involved a merger of a company owned by parents with a company owned by children. The gift tax issue involved the relative value of the…more

CFPB Steps Up Oversight of Companies’ Compensation Programs Following Wells Fargo Scandal

The Consumer Financial Protection Bureau (CFPB) will likely be weakened by the incoming Trump administration and its Republican allies in Congress. Exactly how, and how much, remains to be seen, however—and, in the meantime, the agency…more

FAA Releases New Video for Safe Operation of Drones this Holiday Season

The Federal Aviation Administration (FAA) released a friendly holiday warning for those who chose to purchase a drone this year for the holidays: fly it safely. The FAA released a new video summarizing the rules and regulations that…more

Holiday Horror Series: Part 2- Hectic Holiday Rollovers

With the holidays upon us, we all can relate to how easy it is to mistakenly overlook important things amidst the cheery holiday hustle and bustle: leaving the Christmas ham in the oven a few hours too long, forgetting to pick up your…more

D.C. Council to Vote on Nation's Most Beneficent Leave Law

Employers in the District of Columbia may soon be required to provide 11 weeks of paid family leave for parents to care for a new or adopted child and eight weeks of paid family leave to care for an ailing parent or grandparent. The…more

Key Takeaways: Nuts and Bolts of Technology Contract Drafting/Negotiation

Josh Ganz, Partner at Kilpatrick Townsend, focuses his practice on strategic outsourcing, technology licensing and other complex commercial transactions. Michelle Tyde, Counsel at Kilpatrick Townsend, focuses her practice on…more

A Trump Administration: Will Industry Be “Safe” from Overregulation?

The nation has decided, and the next President of the United States will be: Donald Trump! You might have read about this somewhere. But what does his yuge victory mean for OSHA for the next four years? Well, the honest answer is…more

Registration Open for Webinar on “Water Sustainability through Nanotechnology: Increasing Water Availability”

Registration is now open for a December 7, 2016, National Nanotechnology Initiative (NNI) webinar, “Water Sustainability through Nanotechnology: Increasing Water Availability.” NNI states that water demand in the U.S. is projected to…more

“Sorry, Santa, the Kids’ Data Is Stuck In Russia!” ~ Plus LinkedIn Not Feeling the Love from Russia

LinkedIn has become the first major company to have access to its website in Russia blocked by the Russian Data Protection Authority, Roskomnadzor, following earlier Moscow Court decisions on 4 August and 10 November. Russia’s…more

"Key Takeaways: Corporate Governance Series — Preparing for the Shareholder Proposal Season"

On November 16, 2016, Skadden hosted a webinar titled “Preparing for the Shareholder Proposal Season.” The panelists were Amy Borrus, deputy director of the Council of Institutional Investors (CII); Skadden M&A and corporate governance…more

Getting the Deal Through — Electricity Regulation 2017: Russia

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Policy The Russian power sector underwent a programme of fundamental reform in the early 2000s involving the break-up of the…more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles: November 2016 - Issue 9: United Kingdom

FCA Publishes Final Rules Removing Certain Ineffective Disclosure Requirements - The FCA published a policy statement on 11 October 2016, removing certain ineffective disclosure requirements from the FCA Handbook (PS16/23). The…more

GAO Loses Jurisdiction Over Task Order Protests Valued at More Than $10 Million

Government contractors hoping to challenge a civilian agency’s award of a task or delivery order may be out of luck, at least temporarily. Prior to September 30, 2016, the Government Accountability Office (“GAO”) had exclusive…more

Texas Court of Appeals Finds Noncompete Agreement Inapplicable to Former President’s Post-Termination Activities Due to the Inexact Language of the Noncompete Period

On October 27, 2016, the Fort Worth Court of Appeals affirmed a lower court’s order denying an application for temporary injunction seeking to enjoin Thomas Musgrave, the former president of Henry F. Coffeen III Management, Inc., d/b/a…more

NY Financial Services Companies’ 2017 Resolution: Cybersecurity

The New York State Department of Financial Services (DFS) made headlines back in late September with a “first-in-the-nation” piece of legislation aimed at mandating specific cybersecurity protocols for banks, insurance companies, and…more

California Cities To Tax Streaming Video?

Many cities in California are considering the expansion of their Utility User Tax (UUT) to streaming video services. Such an expansion may be inconsistent with the cities’ existing ordinances, be invalid under Proposition 218 and the…more

Food For Thought: Court of Appeals Questions Relevance Of Guidelines To Case Of Fraud Involving Supplemental Nutrition Assistance Program

In United States v. Algahaim, No. 15-2024(L), the Second Circuit (Newman, Winters, Cabranes) upheld the conviction of two defendants for misconduct involving the Supplemental Nutrition Assistance Program (“SNAP”), but remanded to the…more

USPTO's Patent Subject Matter Eligibility Roundtable on Dec. 5, 2015

On December 5, 2016 the USPTO will hold its second Patent Subject Matter Eligibility Roundtable to discuss issues in patent eligibility. The USPTO published a list of eighteen questions in anticipation of the event, dealing with…more

Forfeiture: High Court grants relief after 14 months

Landlords and agents may have to look again at whether 6 months is sufficient time to allow the tenant to apply for relief, before exercising peaceable re-entry. In Pineport Ltd v Grangeglen Ltd [2016] EWHC 1318 (CH) the High…more

Creditors Committees’ Members May Not Be Sued Absent Bankruptcy Court’s Permission

The Barton doctrine (named after the Supreme Court case Barton v. Barbour, 104 US 126 (1881)), generally prohibits suits against receivers and bankruptcy trustees in forums other than the appointing courts, absent appointing court's…more

Is Coopting Graffiti's Street Cred a Fair Use?

Estate of Graffiti Artist Sues McDonald’s Over Fast-Food Décor - The estate of Dashiell “Dash” Snow, better known as graffiti artist “Secret Snow”—has sued McDonald’s over allegedly infringing use of Snow’s street art in…more

Extradition Article - Procedures

Procedures of the UAE to deliver a suspect of Extradition - If there is a convention between UAE and another country for extradition, this will take priority to the UAE International Judicial Corporation Law, where neither of…more

Federal Circuit Review | November 2016

Fraud-Detection Patent Claimed Patent-Ineligible Subject Matter - In FairWarning IP, LLC v. Iatric Systems, Inc., Appeal No. 2015-1985, the Federal Circuit affirmed the district court’s holding that FairWarning’s patent claimed…more

Employers Should Review Their Drug Testing Policies To Avoid Possible OSHA Penalties

Effective November 1, 2016, employers now face several new requirements from OSHA relating to injury and illness reporting. Among other requirements that went into effect, employers should now post OSHA’s “It’s the Law” poster to…more

MoFo New York Tax Insights - Volume 7, Issue 12

NYC ALJ Holds That Consulting Firm May Source Receipts Based on Location of Independent Contractors - The nature of the services performed by a corporation, and how that corporation should source its receipts from those services…more

New HHS clinical trials registry regulations set to go into effect in January 2017: top points in one chart

Nearly a decade after Congress directed significant expansion of the national clinical trials database, www.ClinicalTrials.gov, the US Department of Health and Human Services (HHS) has issued final implementing regulations (the Final…more

Zenefits Settlement a Forceful Reminder of Importance of Licensing Compliance

On Monday, November 28, 2016, the California Department of Insurance (“CDI”) announced that its enforcement action against Zenefits, a human resources software company, had resulted in a $7 million penalty. This penalty is documented…more

Study Finds Companies May Do Too Much For Data Breach Victims

A recent study at the University of Arkansas suggests that organizations should avoid doing too much for individuals affected by a data breach. That is, when organizations provide compensation to breach victims that exceeds the…more

Jury Issues $92 Million Verdict Under the False Claims Act Against Mortgage Companies and CEO

On November 30, 2016, the U.S. Attorney for the Southern District of Texas announced that a federal jury in the Southern District of Texas issued a verdict finding several related mortgage companies and their CEO liable in connection…more

Louisiana Supreme Court Bounces Out on Arbitration Clause

A recent Louisiana Supreme Court decision over the enforceability of an arbitration clause has the justices battling it out. Against well-established precedent favoring arbitration clauses, the court recently found that a provision in…more

Changes to the “But-For” Standard For Materiality at the U.S. Patent and Trademark Office?

On October 28, 2016, the United States Patent and Trademark Office (PTO) issued a notice of proposed rulemaking in the Federal Register proposing revisions to the materiality standard for the duty to disclose information in patent…more

Managing the Transition to Transformation: Alternative Payment Systems: Evolving Compliance Challenges

McDermott’s Managing the Transition to Transformation series is designed to help health systems and other health care industry leaders address the many challenges presented by the transformation in payment and care delivery models. The…more

The Global Magnitsky Human Rights Accountability Act: Sanctions Tool for Promoting U.S. Human Rights Agenda

Overview - After months of closed-door discussions, Congress this week released the text of the negotiated National Defense Reauthorization Act (“NDAA”) for appropriating defense funds in fiscal year 2017. Tucked deep into the…more

MarkIt to Market® - November 2016

The November 2016 issue of Sterne Kessler's MarkIt to Market® includes practical tips for registering certification marks, a look at the Trademark Trial and Appeal Board's latest revisions to the Rules of Practice-its most notable in…more

Cybersecurity Risk: Latest Guidance from Bank Examiners

The Office of the Comptroller of the Currency has indicated in a recent bulletin that its examiners will gradually incorporate a Cybersecurity Assessment Tool into its examinations of national banks and other institutions under its…more

Unified Republican Government Likely to Ax Dozens of Regulations

Next year will mark the first time in over a decade that Republicans will control both chambers of Congress and the White House. This has generated tremendous interest around the Congressional Review Act (CRA)—a rarely used but…more

New Uniform Power of Attorney Act, Effective January 1 (Bankers’ Edition)

Washington’s new Uniform Power of Attorney Act (UPAA) will repeal and replace the current Power of Attorney Act, effective January 1. While an existing power of attorney document (POA) that was valid when executed will remain valid…more

New POS Code for Telehealth Distant Site Providers

A new Place of Services or POS code for Telehealth services (POS 02) will go into effect on January 1, 2017. The descriptor for the code, which is for use by the physician or other clinician furnishing telehealth services from a…more

What Employment Law Changes Should We Expect From the Trump Administration? Ask the Magic 8 Ball

If you had asked me one month ago to predict the winner of the presidential election, I would have been wrong. Therefore, rather than make my own [ill-fated] predictions of the changes that await employers when PEOTUS takes office, I…more

Dollar Financial UK Ltd v HMRC: When Must a Financial Intermediary Charge VAT?

Executive Summary - The decision in Dollar Financial UK Ltd v HMRC [2016] UKFTT 598 will likely be of interest to a range of participants in the lending market, and the financial services sector more generally, because it…more

Additional Clarification regarding HHS OCR Phishing Email Alert

More information from HHS OCR about the phishing threat... ..On November 28, 2016, the HHS Office for Civil Rights issued a listserv announcement warning covered entities and their business associates about a phishing email that…more

Shoot to Kill: Expert Bias is an Issue of Admissibility

Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar…more

Trial Challenging Proposed Anthem, Cigna Merger Is Underway

On November 21, 2016, the U.S. District Court for the District of Columbia heard opening arguments in the Department of Justice’s lawsuit challenging the proposed merger between Anthem, Inc. and Cigna Corporation. This is the first…more

8th Wonder Entertainment, LLC v. Viacom International, Inc. - USDC, C.D. California, November 22, 2016

District court dismisses copyright infringement suit alleging creators of VH1 reality TV show “Love & Hip Hop” copied plaintiffs’ treatment for reality show about women involved with hip hop artists, holding treatment contained few, if…more

Manatt on Medicaid: Monthly Expansion Recap - December 2016

Post-Election Reactions and Activity in the States - Arizona: Former Governor Voices Support for Medicaid Expansion - Former Governor Jan Brewer (R), who served from 2009 to 2015, is encouraging President-elect Donald Trump…more

Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection

The US Court of Appeals for the Second Circuit vacated a grant of summary judgment that a defendant had a reasonably implemented repeat infringer policy and therefore qualified for safe harbor protection under the Digital Millennium…more

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