Latest Updates

Blog: Corp Fin Posts New And Updated CDIs Related To Omission Of Financial Information In Registration Statements

The Corp Fin staff has posted new and updated CDIs related to omission of financial information from registration statements by emerging growth companies and, under the recently expanded guidance that allows non-EGCs to file… more

IRS Warns Of Resurgence Of W-2 Email Scams

The Internal Revenue Service has issued a renewed warning for tax professionals and businesses to beware of a recent increase in email scams targeting employee Forms W-2. According to the IRS, the W-2 scam – called business email… more

DirecTV and FTC Face Off in Federal Court Over Deceptive Pricing Claims; FTC Seeking $4 Billion in Equitable Relief

A bench trial began this week to resolve allegations by the FTC that DirecTV misled millions of consumers about the actual costs of its subscriptions. According to the FTC, DirecTV should be required to pay $3.95 billion dollars to… more

The Importance of Timely Electing Your Foreign Earned Income Exclusion

Life as an American living abroad can conjure idyllic notions of painting en plein air in Paris or negotiating a last minute deal in Brussels. Not so idyllic, however, is the reality of filing U.S. tax returns from overseas. One of… more

Drug Testing and OSHA Retaliation – Can We Test or Not?

As many employers know, OSHA published a Final Rule on May 12, 2016 that amended the Code of Federal Regulations to add additional provisions regarding proper reporting and retaliation for workplace reporting. OSHA took the position… more

USDA Re-Posts A New Version Of Its Searchable Database Of Animal Welfare Act Licensees

As USDA had previously suggested, it just posted a new version of the searchable database that had been dismantled this past February. Many animal rights organizations and animal-trade organizations had expressed outrage or concern… more

The Corporate Offences of Failure to Prevent the Facilitation of Tax Evasion – What It Means for You

The United Kingdom’s Criminal Finances Act 2017 (the “Act”) creates two new corporate offences of failure to prevent facilitation of tax evasion (the “Corporate Offences”). These new Corporate Offences will be committed where a… more

Uncertainty Surrounds Low Income Pool (LIP) Funding

The Centers for Medicare and Medicaid Services (CMS), in an August 3, 2017 letter to Florida’s Medicaid Director, approved a five-year extension of the State’s 1115 demonstration project, the Managed Medical Assistance Program (MMA)… more

Issues With Online Emotional Support Animals Medical Verifications

The issue of online medical verifications for emotional support animals (ESA’s) is an ongoing problem for professional apartment management. As written in this space before, we want to approve all legitimate reasonable accommodation… more

Senate bill would attach strings to state licensing boards’ antitrust immunity

As we noted last month, the FTC has recently been voicing concerns about potentially anticompetitive actions of state professional licensing boards. Our post also discussed the scope of such boards’ immunity from antitrust liability… more

Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone… more

Under The 2EA: TTAB Holds Little Mermaid Merely Descriptive For Dolls

In a precedential decision in In re United Trademark Holdings, Inc, Serial 86836082 (June 13 2017), the Trademark Trial and Appeal Board (TTAB) has held that LITTLE MERMAID used in connection with “dolls” in Class 28 is merely… more

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important to your… more

Trump Track: Federal Environmental Civil Penalties Drop by 60%

Last week, the Environmental Integrity Project released its report on environmental enforcement during the first six months of the Trump administration. The Environmental Integrity Project, a nonprofit, nonpartisan group founded by… more

Ten Tips on Preparing and Prosecuting Patent Applications

1. Keep Your Eyes on the Prize. A patent defines a piece of intellectual property. As with a parcel of land, the patent’s owner can legally prevent any trespass (called an infringement) on the patent. Analogous to the size of a… more

Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices

In 2014, the U.S. Department of Labor (“DOL”) Wage and Hour Division launched an aggressive enforcement initiative aimed at ensuring companies in the restaurant and food service industry comply with the federal minimum wage, overtime… more

Going Rogue: Circumventing Your Company’s Internal Investigation Process to Identify a Whistleblower Will Cost You

The CEO of Barclays risks losing his 1.6 million-dollar bonus for launching his own personal investigation to identify the company whistleblower who wrote two anonymous letters about his colleague to the Barclays’s Board of Directors… more

The Goals Of Animal Rights And Animal Welfare Groups Do Not align.

Reports from two animal-related trade organizations provide insight into the current status and goals of animal rights organizations intent on eliminating the use of animals by humans, without regard to how humanely those animals are… more

Fool’s Gold: Second Circuit Vacates Order Affirming Arbitrator’s Certification of Class of Jewelry Store Workers Including Absent Class Members

On July 24, 2017, the Second Circuit Court of Appeals rejected a federal district court’s approval for a class of roughly 69,000 women claiming that Sterling Jewelers, Inc. (“Sterling”) discriminated against them based on sex. The… more

What Can A California Employer Do About Off Duty Conduct?

The news is full of stories of employers taking action, or allegedly not taking sufficient action, for employee off duty conduct. The issues are vast and varied, ranging from communicating views about coworkers’ intellectual… more

Blog: Corp Fin supplements information regarding expanded process for confidential filing of IPO registration statements

On August 17, 2017, the SEC supplemented the information in its June 29 announcement regarding its expanded draft registration statement processing procedures, which allowed companies that were not emerging growth companies to file… more

The Role Of The White Knight In Turning Around A Distressed Cemetery Or Funeral Home

The laws of most states provide a comprehensive regulatory framework governing cemetery and funeral home operations, cemetery and funeral home trusts relating to preneed contracts and cemetery trusts relating to endowment… more

New Sanctions Law: Congress Seeks to Limit President Trump’s Ability to Modify U.S. Policy Toward Russia

On August 2nd, President Trump signed into law the “Countering America’s Adversaries Through Sanctions Act” (H.R. 3364), which gives the President the power to solely waive or terminate sanctions against Russia if Congress reviews and… more

Tax Incentives For Qualified Treasury Centres In Thailand

In 2015, the Royal Decree on Tax Reduction (No. 586) B.E. 2558 (2015) was issued, pursuant to the Revenue Code, to provide exemption from and reduce certain types of taxation in relation to international headquarter businesses… more

4 Top Takeaways: Smart Prosecution for Value

Kilpatrick Townsend Partners Eugenia Garrett-Wackowski, Paul Haughey, Babak Kusha, and Karam Saab recently presented on issues and strategies to consider when writing and prosecuting patent applications to withstand Alice challenges;… more

[Video]Day 15 of One Month to More Effective Continuous Improvement-Risk Based Monitoring for Continuous Improvement

Another mechanism for continuous improvement of your compliance program is through risk-based monitoring. Under Prong 5 of the DOJ’s Evaluation of Corporate Compliance Programs, is the following topic and question: Manifested Risks –… more

[Audio]I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave entitlement, and… more

Too much money to file bankruptcy? Here's how to fix that.

Are you in the fortunate situation of having too much money to file bankruptcy? Let's see how you can fix that… more

You Can Ignore Claim Language As Long As it is Before the Colon

In Georgetown Rail Equipment Company v. Holland L.P., [2016-2297] (August 1, 2017), the Federal Circuit affirmed judgment of infringement and the award of lost profits and enhanced damages for infringement of U.S. Patent No. 7,616,329… more

Who Poked Whom First: Does a Friend Request or Social Media Invite Count as Solicitation?

When Gregory Gelineau quit his job at an Illinois-based insurance company to work for a competitor, he sent LinkedIn invitations to a group of his former co-workers. In response, Gelineau’s former company sued him. The company, Bankers… more

Federal Circuit Review - July 2017

District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion in… more

GDPR Applies to US Firms

The European Data Protection Regulation is to come into force on 25 May 2018 (the “GDPR”). It introduces many far-reaching changes in data processing, including the possibility of the supervision authority to impose high fines for… more

SFC (the “Commission”) Expresses Concern over Irregularities in Asset Management Activities

•The Commission has identified a number of regulatory concerns with respect to private funds and discretionary accounts, in particular, funds with concentrated, illiquid and interconnected investments. •The Commission has reminded… more

Terminated Employee Awarded Aggravated Damages for Employer's Conduct

Termination of employment can cause an employee a great deal of hardship. This is especially true when allegations of misconduct and insubordination are at play. The case of Lalonde v. Sena Solid Waste Holdings Inc, 2017 ABQB 374… more

SEC Adopts Exhibit Hyperlink Requirement

•The U.S. Securities and Exchange Commission has adopted amendments (final rules) that will require registrants to include hyperlinks to exhibits. •The final rules apply to certain periodic reports under the Securities Exchange Act… more

SFC Proposes Rules and Code for Open-Ended Fund Companies

Recently, the Hong Kong Securities and Futures Commission (SFC) published a consultation paper on the Securities and Futures (Open-ended Fund Companies) Rules (Rules) and Code on Open-ended Fund Companies (Code) which, if adopted, will… more

The Fed's Small BHC Policy Statement—Regulatory Relief for Bank Growth and Acquisitions

The Small Bank Holding Company ("BHC") Policy Statement ("Policy Statement") was adopted by the Federal Reserve in 1980 to facilitate transfers of small banking organizations, including BHCs formed to assume individuals' bank stock… more

New Report from The Aberdeen Group Cites Lack of Advanced Technologies, Offers Recommendations: eDiscovery Trends

While recovering from ILTACON and Vegas, I found an interesting report with some interesting statistics and observations from The Aberdeen Group about how many organizations are handling eDiscovery and what they could be doing better… more

OFCCP Announces “Compliance Assistance” Town Hall Meetings

On August 16, 2017, OFCCP announced that, as part of its efforts to provide compliance assistance to federal contractors, it will be holding three town hall meetings. The meetings will be open to the public and held in Washington D.C.… more

Raising a Paw to Recent Animal Law Efforts in Maryland

Whoever said that a diamond is a girl’s best friend never had a dog. Within the first few minutes of every conversation, professional or personal, the person I am speaking with always casually, or sometimes intentionally, mentions… more

In 2017 Legislative Sessions, New England States Continue to Lead in Clean Energy and Climate Change Measures

In their 2017 legislative sessions, New England states continued to show support for clean energy projects and policies, as well as efforts to reduce greenhouse gases, and continue to look to each other in determining what programs… more

Brexit Poses Issues For Airports, Airlines

The United Kingdom’s split from the European Union could leave the nation and United States without a trade agreement to manage the aviation industry. The aviation industry currently operates between the two nations under the Open… more

Renewable Energy Update - August 2017 #3

Renewable Energy Focus - Solar trade case weighs whether protection will save or sink industry - Washington Post - Aug 15 - Two solar manufacturers are begging the federal government for help, arguing that without… more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In a state… more

Cleveland Clinic Foundation v. True Health Diagnostics, LLC (E.D. Va. 2017)

District Court Finds Method of Detecting Claim to Be Directed to Patent Ineligible Subject Matter - Earlier this month, in Cleveland Clinic Foundation v. True Health Diagnostics, LLC, District Judge Leonie M. Brinkema of the U.S… more

SEC Report Asserts Cryptocurrency Tokens Are Securities Under US Law

The SEC’s published report of its first investigation focused on tokens sold in the context of an ICO sets the framework for future token offerings and raises red flags and legal hurdles to the resale or transfer of previously issued… more

Not a Token Gesture: Compensating Service Providers with Virtual Property

Questions surrounding the use of virtual currencies and other digital tokens (“tokens”) as compensation came to the forefront last month following formal guidance from the U.S. Securities and Exchange Commission (“SEC”) on token… more

Trademarks in the World of Golf - How In-House Counsel and Company Owners in the Golf Industry Can Take Stock of Their Game

Many of us golfers spent last weekend watching the PGA Championship at Quail Hollow. I was fortunate to be out on the course for Tuesday’s practice round where, in the early morning rain, I followed Justin Thomas as he assessed the… more

San Francisco Ordinance Prohibits Employer Salary History Inquiries

Beginning July 1, 2018, it will be illegal for San Francisco employers to ask job applicants to disclose their salary history. A number of similar laws have been enacted in cities and states across the country to address the gender and… more

Seventh Circuit Sends Police Officers’ Off-Duty BlackBerry Claims to Spam Folder

Employers often grapple with what to do when their policies prohibit off-duty work, like working on mobile devices after hours, that employees don’t follow. Even if it has a policy prohibiting off-duty work, if the employer knows (or… more

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