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Treasury Inspector General Slams IRS for Lack of Strategy Following 2015 Data Breach

In a scathing report published on March 27, 2017, the Treasury Inspector General for Tax Administration blasted the Internal Revenue Service (IRS) following its analysis of the IRS’ steps following a data breach in 2015 that resulted…more

Interim interdicts a growing trend in Botswana

There is a growing trend on the part of lawyers and members of the public alike to seek an interdict when the rights of a party have been, or are thought to have been, infringed. Whilst there is no doubt that in the correct…more

Employment Matters – UK - March 2017

There Is No Implied Term Waiving the Obligation To Repay a Loan in a Voluntary Redundancy Situation - Employers who advance sums to employees, such as relocation costs, will often try to claw back those sums in the event that the…more

Blacklisting Executive Order Blacklisted

President Obama and his EO’s - Remember the Blacklisting Order that required federal contractors to provide a rap sheet with a proposal? No? Well, President Obama issued 275 Executive Orders during his two terms on various…more

A Full Menu of Potential Legal Issues for Hospitality Owner/Operators

Legal compliance is a challenging endeavor, especially in the hospitality industry, where owner/operators must focus on meeting their business objectives, staying competitive, and growing in their respective markets. In recent years…more

CMS Delays Implementation of New Payment Models (Again)

On March 21, 2017, the Centers for Medicare and Medicaid Services (“CMS”) published an interim final rule (“Interim Final Rule”) delaying (i) the effective date of several new Medicare payment models developed by the CMS Innovation…more

New Resources for Telehealth Chronic Care Management (CCM) Rules

More good news for hospitals, health care providers, and entrepreneurs interested in telehealth and Chronic Care Management (CCM). CMS just recently introduced a new educational initiative called Connected Care: the Chronic Care…more

??????FDIC Chairman: A “Culture of Compliance” Begins at the Top

In his remarks during last week’s launch of Case Western Reserve School of Law’s Financial Integrity Institute, FDIC Chairman Martin J. Gruenberg spoke on the historical context of today’s BSA/AML regulatory framework and the FDIC’s…more

Treatment of Bitcoin Under U.S. Property Law

In this white paper, we analyze the treatment of bitcoin under applicable U.S. property law. We conclude that property interests should exist in bitcoin under such law, and that multiple sources of persuasive authority provide…more

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he could not…more

[Webinar] Pitfalls and Potholes to Avoid in Your eDiscovery Projects - April 27th, 10:00am PST

If you’ve conducted discovery for litigation, investigations or audits, you know that “Murphy’s Law” dictates that a number of “pitfalls” and “potholes” could occur that can derail your project. These issues can add considerable cost…more

The EU Court of Justice dismisses EMA's appeals in interim measures and suspends the release of clinical study report to third parties

On March, 1st 2017, by Order of its Vice-President, the Court of Justice of the EU (“CJEU”) upheld the suspension of the release to third parties of a clinical study report concerning the medicinal product Translarna granted by the…more

Financial Services Quarterly Report - First Quarter 2017: Development of Crowdfunding in France

During the nascent stages of crowdfunding as a fund raising strategy, there was a great deal of uncertainty in France as to the legality of such activities. In 2014, initial regulations were enacted applicable to crowdfunding and the…more

If the CFPB’s Protection Power Weakens, Who Will Fill the Void?

As rumors circulate about the potential diminishing role of the Consumer Financial Protection Bureau (CFPB) within the new administration, one might wonder if the consumer financial lending space will become a lawless void. However…more

Seven important facts about commercial drones in South Africa

South Africa is one of the few countries in the world that has passed laws regulating the operation of drones in the civil aviation airspace. The Civil Aviation Authority (CAA) of South Africa now regulates the use of commercial drones…more

President Trump Rescinds the Blacklisting Executive Order

On March 27, 2017, President Trump took the much-anticipated action of rescinding President Obama’s Fair Pay and Safe Workplaces Executive Order 13673 and its underlying regulations (the “Blacklisting Rules,” as it became known in the…more

A Guide to UK Tax on Commercial Real Estate: Non-Residents

1. Introduction - This client alert provides a summary of key UK tax considerations when a nonresident invests into UK commercial real estate. There are a number of holding structures for investment into UK real estate by non-UK…more

Third Circuit Rules Arbitration Agreement Included In Product Manual Is Unenforceable

This action involved a class action suit brought in New Jersey federal court. The complaint alleged that plaintiff David Noble saw Samsung advertisements stating that the Samsung smartwatch’s battery lasted 24 to 48 hours with typical…more

DOJ Raids Maritime Industry Meeting and Serves CEOs with Subpoenas

Media outlets have reported that the U.S. Department of Justice raided the maritime industry’s “Box Club” meeting, which is more formally known as the meeting of the International Council of Containership Operators. Box Club meetings…more

USTR Releases President Trump’s National Trade Policy Agenda for 2017

On March 1, 2017, the Office of the US Trade Representative (USTR) released the President's National Trade Policy Agenda for 2017, providing the Trump administration's first formal, written statement of its trade policy priorities and…more

Drafting Arbitration Clauses in Construction Contracts

Many construction lawyers who specialize in transactional work acknowledge that they do not spend much time considering or negotiating the arbitration clauses in construction contracts. Should an arbitration clause be just a…more

Financial Services Weekly News - March 2017 #5

Editor's Note - In This Issue. The Securities and Exchange Commission (SEC) was active this week, moving to shorten the settlement cycle for broker-dealer transactions from T+3 to T+2 and issuing updated guidance clarifying the…more

BREXIT – IT’S REALLY HAPPENING – From Parliament in London

Barely thirty minutes after Prime Minister Theresa May commenced her address to Parliament at noon yesterday, Tim Barrow, the UK’s representative to the EU, hand delivered its Article 50 Notice to Donald Trusk, the President of the…more

The CFPB Enforcement Action Against Navy Federal Credit Union and the Broad Sweep of UDAAPs

This past October, the Consumer Financial Protection Bureau (“CFPB”) took action against Navy Federal Credit Union, the largest credit union in the country. In doing so, the CFPB relied upon one of its favorite enforcement tools…more

CFPB proposes alignment of Regulation B and Regulation C requirements regarding collection of consumer ethnicity and race information

On March 24, the CFPB announced a proposal to amend Regulation B requirements related to the collection of consumer ethnicity and race information, in order to resolve the differences between Regulation B and revised Regulation C…more

Another Attempt to Control Rising Pension Costs in Pennsylvania Thwarted

In City of Allentown, the Pennsylvania Supreme Court ordered the City to implement an interest arbitration award which contained (among modifications to wages, sick leave, vacation, pension and overtime) a minimum staffing requirement…more

Corporate South Africa still not taking cybercrime seriously enough

The growing reliance of business on technology is driving an exponential growth in cybercrime – but companies in both the public and private sectors are not taking the threat seriously enough, says David Loxton, partner at law firm…more

It is Official: Fair Pay and Safe Workplaces Rule Comes to an End

Earlier this week, President Trump put the final nail in the coffin for the former administration’s “blacklisting” rule, officially known as the Fair Pay and Safe Workplaces Final Rule. The move means federal contractors will not be…more

Illinois “Right to Know” Bill Passed Out Of Senate Judiciary Committee; Moves To Illinois State Senate

On March 14, 2017, the Illinois Senate Judiciary Committee passed a bill requiring websites and apps to notify their Illinois customers of the types of personally identifiable information they collect, disclose and sell…more

Cyber Update: Five Tips from the Front Lines of Practice to Limit Your Company’s Losses from a Breach

We help companies prepare for, respond to, and clean up data breaches and related events. We are lawyers, but in this role, we often look over the shoulders of cybersecurity technical experts, who are advising companies on the nuts and…more

Louisiana Supreme Court Denies Writ Application in XXI Oil & Gas v. Hilcorp

On March 24, 2017, the Louisiana Supreme Court declined to consider the Louisiana Third Circuit Court of Appeal’s decision in XXI Oil & Gas v. Hilcorp. The Third Circuit’s decision involved the interpretation of Louisiana’s well cost…more

Smartphone Malware Up 400% in 2016

Here’s some more good news. Not really. According to a recent report by Nokia, malware infections against mobile devices were at an all- time high in 2016. Infections on smartphones rose almost 400 percent and represented 85…more

What DFS Cybersecurity Regulation Portends for the Compliance Practitioner

The state of New York’s Department of Financial Services (DFS) issued the first state-level regulations on cybersecurity for financial institutions with its Cybersecurity Requirements for Financial Services Companies release, which…more

Brexit: Three, two, one…we have lift off!

Yesterday was an historic day, as Prime Minster, Theresa May, formally triggered the two year ‘Brexit’ process. As commentators have reported, “there can be no turning back”. The Prime Minister has previously committed to protecting…more

Broadcast Issues/Programs Lists Due; Online Public File Reminder; Children’s Programming; Commercial Limits; and Class A TV Eligibility

By April 10, 2017, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during January, February and March…more

Higher Education Highlights - Spring 2017

On March 28, 2017, the United States Supreme Court was poised to hear Grimm v. Gloucester County School Board—a case slated to meaningfully impact the rights of transgender students under Title IX. The Court certified two questions…more

New York’s "No Credit Card Surcharge" Law Regulates Speech, SCOTUS Rules

New York's law prohibiting merchants from imposing a surcharge on credit card purchases (Section 518 of the state's General Business Law) regulates speech, thereby making the law subject to First Amendment scrutiny, the U.S. Supreme…more

Supreme Court Clarifies the Scope of Copyright Protection for Features of Useful Articles

The Supreme Court’s recent decision in Star Athletica L.L.C. v. Varsity Brands, Inc. clarifies that the original designs on useful articles, such as common household items and personal electronics, may be protected by copyright if they…more

Latest Amendments To The Law On Arbitration And The Civil Procedure Code

On February 27, 2017, Law No. 49-VI on Amendments to Certain Legislative Acts of the Republic of Kazakhstan in Relation to Issues of Improvement of the Civil Law, Banking Law and Improvement of Conditions of Business Activity was…more

FTC Approves Final Consent Order Allowing Enbridge and Spectra Merger

The Federal Trade Commission has approved the merger between Enbridge and Spectra, following the parties’ acceptance of certain terms designed to preserve competition between natural gas pipelines in the Gulf of Mexico. The FTC’s…more

FTC and NHTSA to Explore Vehicle Privacy and Security Issues

The Federal Trade Commission (FTC) and National Highway Traffic Safety Administration (NHTSA) are co-hosting a workshop on June 28, 2017, to explore the privacy and security issues raised by automated and connected vehicle…more

U.S. Supreme Court Agrees To Hear Securities Fraud Omissions Case

The U.S. Supreme Court will resolve a critical question governing the scope of liability in securities fraud cases which has split the circuit courts to date. The case, Leidos Inc. v. Indiana Public Retirement System, No. 16-581, is a…more

Event Insights: 2017 Georgia Partnership for TeleHealth Conference

The Georgia Partnership for Telehealth hosted another exceptional conference at the Jekyll Island Club Hotel on March 22–24, 2017. We were inspired by the speakers and vendors, enjoyed the environment, and valued getting to know other…more

Night Note: The 1st 100 Days

As the Trump Administration considers revision of NAFTA and other trade agreements, both the White House and House Democrats have announced their visions for future U.S. trade agreements. Last week, White House National…more

The Danger of Paying Finder’s Fees to Unregistered Broker-Dealers

We get asked from time-to-time whether it is advisable for issuers to pay fees to unregistered “finders” for introducing potential investors in the United States to the issuer in connection with securities offerings. The short answer…more

The Manager-in-Charge Regime: Ruffling feathers in the year of the Rooster?: Practical considerations for licensed corporations

On 16 December 2016, the Securities and Futures Commission (SFC) issued a Circular to Licensed Corporations entitled Augmenting the Accountability of Senior Management (Circular). At the heart of the Circular was the introduction…more

Brexit starts today – how will you respond?

In June 2016, when asked "Should the United Kingdom remain a member of the European Union or leave the European Union?", 52 per cent of those who voted said they wanted to leave: for "Brexit". Nine months, a Supreme Court appeal, two…more

An Empty Seat at the Table: Sovereign Immunity Bars Pre-Spill Act Liability

Earlier this week, the New Jersey Supreme Court clarified in NL Industries, Inc. v. State of New Jersey, (A-44-15) (March 27, 2017), that the State of New Jersey retains its sovereign immunity under the New Jersey Spill Compensation…more

New Healthcare Workplace Safety Prevention Laws Take Effect April 1, 2017, in California

Healthcare employers in California should prepare for a host of new workplace safety requirements, starting this weekend. California’s new healthcare workplace safety prevention law takes effect April 1, 2017. The scope of the…more

Proposals to Shake Up the UK IPO Timetable

The FCA seeks to improve transparency in the UK equity IPO process. The FCA is proposing significant reforms to the UK equity IPO process, in order to address its concerns that investors should be receiving better information…more

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Kiesewetter Law Firm is a boutique law firm that focuses on employee benefits, executive compensation, and regulatory compliance, including Affordable Care Act (ACA), Health Insurance Portability and…

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