Latest Updates

OFAC Offers New Guidance On Getting Off SDN Blacklist

On April 20, 2017 the Department of Treasury’s Office of Foreign Assets Control (OFAC) offered new guidance for individuals and entities (and their counsel) who seek to have their names removed from OFAC’s list of Specially Designated… more

Supreme Court Decides Coventry Health Care of Missouri, Inc. v. Nevils

On April 18, 2017, the Supreme Court of the United States decided Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149, holding that: 1) under the FEHBA (specifically, 5 U.S.C. § 8902(m)(1)), the provisions of a private… more

Your Daily Dose of Financial News

The Times gives us an intriguing long read on Uber’s Travis Kalanick, the controversial CEO whose vision has helped propel the ride-hailing company even as his no-limits approach has led the company into months of crisis… more

Talking About Bribery in the Country Where I Bribed

I recently returned from a week in Amsterdam, addressing front-line compliance challenges, and attending several anti-corruption conferences. It was a surreal experience for me, for in 2003 I paid a “Dutch Agent approximately $15,000… more

Employer’s Refusal To Allow Rescission of an Employee’s Voluntary Resignation Does Not Constitute Adverse Employment Action Under the FEHA

In Featherstone v. Southern California Permanente Medical Group, (No. B275225, filed 4/19/17), the California Court of Appeal for the Second Appellate District held absent evidence an employee’s resignation was coerced, an employer’s… more

The LCLD Fellows Program: Building Relationships and Leadership Skills

I finished my term as Cozen O’Connor’s Fellow in the Leadership Counsel on Legal Diversity in March of 2017. The mission of this prestige program is to unite attorneys who work in firms and in corporate counsel offices for the purposes… more

Creditor Protection of Retirement Plan Assets

Assets in qualified retirement plans and individual accounts (IRAs) total more than $20 trillion and represent 34% of U.S. household assets.1 Clients and their advisers are rightfully concerned about insulating those assets from… more

Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action

Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act… more

How Leaders Shape Culture

St. Joseph's University's Initiative for Family Business and Entrepreneurship hosted business consultant Jeff Grimshaw at its Dine With The Dean breakfast meeting on Thursday, April 20. After remarks by the Dean, Joseph DiAngelo, Jr.… more

IRS Issues Guidance Regarding Estate Tax Lien Discharge Process

When an individual dies, an estate tax lien attaches automatically to all of the property included in the gross estate. It arises prior to tax assessment, and is not recorded… more

BREXIT- Hand-over Your Contingency Plans…

Earlier this month the Bank of England’s Prudential Regulation Authority (the ‘PRA’) wrote to all UK companies undertaking cross-border activities between the UK and the EU under passporting arrangements, requesting a summary of their… more

Trump Prevents FSOC Designations and Bank Liquidations

In a Presidential Memorandum, President Trump directed the Secretary of the Treasury, as a member of the Financial Stability Oversight Council, not to cast a nonemergency vote to subject nonbank financial companies to enhanced… more

The Financial CHOICE Act 2.0, Legislative Text Revealed

On April 19, 2017, House Financial Services Committee (“HFSC”) Chairman Jeb Hensarling (R-TX) released an updated version of the Financial CHOICE Act (“FCA 2.0”), a discussion draft that would reform the Dodd–Frank Wall Street Reform… more

Update On Efforts To Protect The U.S. Food Supply From Agroterrorism

The recent horrific attacks in Syria reminded me of the concerns following 9/11 about potential attacks on livestock and poultry. Those concerns rose to the highest echelon in our government and others, exemplified by the first… more

Recovery of Medical Bills: Once Is Enough

Strange as it sounds, Missouri state law allowed federal workers to recover medical bills twice: once under their federal health insurance plan and again from the person (or person’s insurer) responsible for their injuries. The law… more

Justice Werdegar By the Numbers, Part 2: Voting to Reverse and Joining the Court Majority

On April 20, 2017, we began our retrospective of the tenure of Justice Kathryn M. Werdegar, who will retire on August 31, 2017. We tracked the total number of cases, both civil and criminal, in which Justice Werdegar has participated… more

Brands Beware!!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides

In response to a petition from a coalition of consumer groups last year complaining about the need for disclosures by social media influencers, the FTC recently announced on April 19, 2017 that it had issued more than ninety letters… more

IRS Targets Globally-Mobile Individuals and Businesses: The Importance of Proactive Planning

IRS targets globally-mobile individuals and businesses through its Global High Wealth Industry Group and its Large Business and International Division. Targeted taxpayers find these audits distracting, taking time from important duties… more

Legal and Tax Conversions: Changing Your Company Structure Without Changing Your Company

Do you remember talking with your co-founders, your attorney and your accountant about what type of entity you should choose for your new company? And all of that discussion about limited liability, governance structure, flow-through… more

Final Market Stabilization Rules – How Stable is Stable?

The Department of Health and Human Services released the final Affordable Care Act marketplace stabilization rules (“Final Rule”) on April 13, 2017. The Final Rules become effective on June 19, 2017 and will, accordingly, apply to the… more

Processing Plant Crosses Its Wires — Safety Board Finds Company “Did Not Follow Procedures”

Seyfarth Synopsis: The CSB found deficiencies in the facility’s design and labeling of the chemical loading stations, and failure to follow the company’s written chemical unloading procedures… more

American Dental Association to Pay $1.95 Million to Resolve EEOC Discrimination Finding

Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is headquartered in… more

National League of Cities Releases Guide on Preparing for Autonomous Vehicles

The National League of Cities just released “Autonomous Vehicles: A Policy Preparation Guide,” giving municipalities a much-needed resource around tracking legislative developments and having a voice in the policy discussion concerning… more

Expect Redesigned Green Cards from USCIS

After May 1, 2017, be on the lookout for redesigned Green Cards and Employment Authorization Documents (EADs). The USCIS will start issuing newly styled cards on May 1 as part of the “Next Generation Secure Identification Document… more

Oportunidad adicional para una mayor extensión de permisos de construcción y órdenes de desarrollo

Debido a la reciente declaración del gobernador Scott acerca del estado de emergencia por el virus del Zika, quienes cuenten con permisos y órdenes de desarrollo tienen otra oportunidad para suspender el período restante para ejercer… more

ACC Issues Data Security Guidelines for In-House Counsel to Evaluate Law Firms

The Association of Corporate Counsel (ACC) has issued its first-ever data security guidelines, which outline basic data security measures that in-house counsel can use to evaluate their outside counsel… more

The FTC’s Role in Privacy

Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, answered questions about the FTC’s current role in data privacy before a crowded audience at the April 2017 IAPP Global Privacy Summit in D.C… more

The Other Defendant: The Impact of Public Persona in a Custody Trial

Child custody cases turn on the court’s determination of the child’s best interests. As defined in Pennsylvania, this means having the judge apply evidence to Pennsylvania’s sixteen (16) custody factors and render a decision… more

Leftover Land ? When the Government Takes Part of Your Property, What Happens to the Rest?

So many questions arise when a landowner finds out that a government entity intends to condemn his or her property. When? Why? How will I get compensated? What can I do to protect my rights? There are even more uncertainties when the… more

How Do Recent Government Announcements and Actions Affect the H-1B Visa Program?

Speaking at his Joint Address to Congress in February 2017, President Donald Trump expressed his intention to tackle legal immigration beyond his Executive Orders on border security and international travel. Recent announcements and… more

The First Dinosaur Has Died

The New York Teamsters Road Carriers Local 707 Pension Fund (the “Local 707 Pension Fund”) is dead, reportedly having run out of money in early March 2017. The Pension Benefit Guaranty Corporation (“PBGC”) the federal insurance… more

“Anti-Police” Painting Controversy: Court says, No First Amendment Rights at Stake

The US. District Court for the District of Columbia recently denied a preliminary injunction seeking the reinstallation of a controversial “anti-police” painting at the U.S Capitol complex. David Pulphus, a student artist from… more

Supreme Court Decides Goodyear Tire & Rubber Co. v. Haeger

On April 18, 2017, the United States Supreme Court decided Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406, holding that when a federal court exercises its inherent authority to sanction bad-faith conduct by ordering a party to pay… more

DOC Initiates Biodiesel Antidumping, Countervailing Investigation

On April 13, 2017, the U.S. Department of Commerce (DOC) announced that it was formally initiating antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia. The decision follows a… more

Dietary Supplement Advertising - April 2017

State Regulation - CWAG Talks Dietary Supplements - At a gathering of the Conference of Western Attorneys General, a panel on “Regulatory Models and Transparency” focused on enforcement against USPlabs as a case study. In… more

Get Over The Fear Of Hiring An ERISA Attorney

As an attorney, I’ve heard a lot of lawyer jokes and some of them are amusing. I once said at law school that I now know why lawyers have terrible reputations because I met some of these lawyers at law school. While lawyers don’t have… more

[Video]This Week in FCPA-Episode 49, DisneyWorld Ethics Edition

In this episode, Jay Rosen returns from a week’s trip to Walt Disney World. Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: 1. DOJ Criminal Division's Acting Principal… more

Draft Financial Choice Act 2.0 Prohibits Universal Proxy and Restricts Shareholder Proposals

The House Financial Services Committee has released a discussion draft of a revised Financial Choice Act. The Committee will hold a hearing on the Act on April 26, 2017… more

Nuevas oportunidades de P3 para tecnología de gobiernos

Si bien las colaboraciones público-privadas (public-private partnerships, P3) se asocian con frecuencia a una infraestructura física, las P3 son esencialmente flexibles y pueden utilizarse para una prestación rentable y puntual de… more

CFPB’s Fair Lending Report Indicates Increased Focus for 2017 on Servicing and Small Business Lending

For many of us, the mention of fair lending enforcement immediately brings us to the origination side of the industry, specifically conjuring thoughts of redlining and Home Mortgage Disclosure Act (HMDA) data. While these topics will… more

In 2-1 Decision, Second Circuit Vacates Child Pornography Sentence as Substantively Unreasonable

For the third time in the past year, the Second Circuit in United States v. Jenkins, No. 14-4295 (Kearse, Jacobs, Parker), has vacated as substantively unreasonable a sentence imposed under the sentencing guideline for child… more

IPR Estoppel: Ripe for Gamesmanship?

In Douglas Dynamics LLC, v. Meyer Products LLC, [14-cv-886-jdp] (D. Wisc. Document # 68 April 18. 2017), the district court considered the scope of estoppel after an Inter Partes Review (IPR). The Court identified three categories of… more

Australian Consumer Law Review

On 19 April 2017 the final report of the Australian Consumer Law Review, conducted by Consumer Affairs Australia and New Zealand, was publically released. The review was initiated in mid-2015, and involved a broad ranging review of the… more

Buy American and Hire American – New Executive Order Promises to Put American Workers First, But Practical Impacts Remain Unclear

On April 18, President Trump signed a new executive order (EO) at a ceremony in Kenosha, Wisconsin. The EO is entitled “Buy American and Hire American” and focuses on these two themes, with the President’s stated goal of ending the… more

Juvenile Rehabilitation | Juvenile Defense Attorney

Why is my teenager being charged in adult court? As an Arizona juvenile defense attorney with experience as a juvenile judge pro tem, I hear this question on a regular basis. Somewhere deep in our minds, we all know that it does not… more

The City of Philadelphia Has Agreed To Stay The Enforcement of The Philadelphia Wage Equity Ordinance Pending Resolution of Court Challenge

The City of Philadelphia has agreed to stay the enforcement of the Philadelphia Wage Equity Ordinance, which was to take effect on May 23, 2017, and be codified in the Philadelphia Code at Sections 9-1103((1)(i) and 9-1131… more

More Items Subject to Individuals’ Mandatory Tax Reporting in Kazakhstan

On January 1, 2017, amendments affecting individual income tax reporting came into force in the Republic of Kazakhstan. Amendments to the Tax Code of the Republic of Kazakhstan (Tax Code) became effective January 1, expanding the list… more

El secretario de vivienda, Ben Carson, pone en marcha asociación público-privada para viviendas públicas

Ayer, el condado de Miami-Dade recibió al Dr. Ben Carson, secretario del Departamento de Vivienda y Desarrollo Urbano de Estados Unidos, en la urbanización pública Liberty Square, una de las más antiguas del país. La reunión dio inicio… more

Pensions Round-Up - March 2017 (UK)

Welcome to the latest edition of DLA Piper’s monthly newsletter – Pensions Round-Up – in which we provide an overview of developments in pension legislation, case law and regulatory guidance. In this edition we look at key… more

FDA Approval of 23andMe Genomic Test Shows the Way for Direct-to-Consumer Diagnostics

On April 6, 2017 the FDA Center for Devices and Radiological Health formally approved 23andMe’s Personal Genome Services Test as a Class II Medical Device. Approved tests include assessment of an individual’s genetic risk of… more

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