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Diversity in the construction industry

The impetus to improve diversity in the workplace is growing across the world and in the UK is being driven by growing awareness of the issues and new legislation…more

SEC Settles Another Action Involving Whistleblowers

The SEC has brought a series of actions concerning whistleblowers. A number of those cases center on provisions in severance agreements which either directly preclude being a whistleblower required the departing employee to maintain…more

Swiss-U.S. Privacy Shield to Replace the U.S. Swiss Safe Harbor Framework

On January 11, 2017, the Swiss Federal Council and the U.S. International Trade Administration (ITA) announced that the Swiss-U.S. Privacy Shield will replace the U.S.-Swiss Safe Harbor Framework to permit U.S. businesses to transfer…more

Dating Apps and Class Actions: A Match Made in the Courtroom

Tinder touts itself as being “the world’s leading social app for meeting new people. It claims that “with its global reach, people in all 196 countries around the world are swiping right to connect with others, making it a top 10…more

Securities Group News: New Guidance on “Personal Benefit” Test of Insider Trading Law

For the first time in nearly two decades, the United States Supreme Court has directly addressed the scope of insider trading liability under the federal securities laws. The Court in Salman v. United States considered whether a gift…more

Amendments to real estate legislation for the fourth quarter of 2016 - Our traditional overview of the most important changes that have occurred in the fourth quarter of 2016 in Russian real estate legislation

Amendments to federal laws - Federal Law No. 401-FZ dated 30.11.2016 “On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” As you may recall, a…more

ABA highlights error in cost of credit calculation method used in CFPB’s proposed payday loan rule

At the meeting earlier this month of the American Bar Association’s Consumer Financial Services Committee in Carlsbad, CA, attention was given to an issue highlighted by the American Bankers Association in the comment letter it…more

Extending gender pay gap reporting to public sector employers

Following the women’s march over the weekend, in which hundreds of thousands of women globally took to the streets to march for women’s rights, it seems apt that only last week the Government published the draft Equality Act 2010…more

SAMHSA Issues Final Rule for Update to Part 2

The Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule updating proposed changes to the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (also known as 42 CFR Part 2 or Part…more

The U.S. And The European Union Successfully Complete Negotiations For Covered Agreement

As we previously reported in June 2016, the United States and the European Union were in discussions to enter into a Covered Agreement. The Dodd-Frank Act introduced Covered Agreements as a means for limited federal intrusion into the…more

Why Luxembourg remains a jurisdiction of choice for private equity

1. Framework for an exit from an SARL - Prior to 23 August 2016, any transfer of shares to non-shareholders of an SARL was subject to the prior approval of the shareholders holding not less than 75% of the SARL's share capital…more

Significant Sanctions and Export Control Amendments Regarding Hong Kong and Sudan Are Announced in Final Days of Obama Administration

In the past week, there has been an easing of sanctions against Sudan, and requirements have been added to the export control regulations regarding exports and reexports of certain commodities, technology, and software to Hong Kong. As…more

Federal Contractors Must Provide Privacy Training - Follow The 5-Step Plan To Ensure Compliance

Effective immediately, federal contractors will need to comply with privacy training rules intended to ensure that their workforces protect personally identifiable information. As of January 19, 2017, federal contractors will need to…more

UK Regulators Consult on the Management Expenses Levy Limit for 2017/18

The Prudential Regulation Authority and the Financial Conduct Authority published a joint consultation paper on the management expenses levy limit for the Financial Services Compensation Scheme in 2017/2018. The MELL proposed for…more

Rhetoric and reality: Will GOP strip up to 32 million of health insurance?

As partisans race to fulfill their seven-year political pledge to “repeal and replace” the Affordable Care Act, aka Obamacare, their rhetoric has collided with reality, posing huge questions as to how responsibly they will act in the…more

Two Convicted of Insider Dealing in the UK Sentenced

The Financial Conduct Authority announced that Mr. Manjeet Mohal and Mr. Reshim Birk were sentenced having pleaded guilty to charges of insider dealing. Mr. Mohal was sentenced to ten months imprisonment suspended for two years for two…more

[Webinar] OSHA's Slips, Trips and Falls Rule Gets a Facelift - February 8th, 1:00pmEST

Only a few decades in the making, OSHA has finally updated its Walking / Working Surfaces Standard, the regulation that governs slips, trips and fall hazards in general industry. Slips, trips and falls are among the leading causes of…more

[Webinar] Fiduciary Income Tax Refresher and Update - February 7th, 12:00pm CT

In the webinar the presenters will discuss tax-savings tools that can be used between now and March 6 when preparing 2016 returns. The presenters will provide a top-ten list of planning tips to help attendees save income tax going…more

Government Contractors: Time to Ditch Those Confidentiality Agreements

On January 19, 2017, a new Federal Acquisition Regulation (“FAR”) went into effect prohibiting the government from contracting with companies that utilize confidentiality agreements that restrict employees or subcontractors from…more

(The) Winter (eDiscovery Business Confidence Survey) is Coming: eDiscovery Trends

Winter is Coming! And, by “winter”, I mean the Winter 2017 eDiscovery Business Confidence Survey created by Rob Robinson and conducted on his terrific Complex Discovery site. It’s the second year of the quarterly survey and we…more

Q&A With Chris Thrutchley: Tornado Drills Can Minimize Employers’ Liability Risks

Q: Does a business need severe weather policies and procedures? A: Recently, a Houston meteorologist warned during a broadcast that he would “expose” employers who fired workers for not showing up due to deadly flooded streets…more

Portugal asks European Court to determine what criteria are required for discriminatory pricing to be an abuse under Article 102 TFEU

A Portuguese Court has asked the European Court of Justice (ECJ) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse of a dominant positon under Article 102 (c) TFEU. Is it…more

In Case You Missed It: Launch Links - January, 2017 #3

Some interesting links we found across the web this week: Want to Ruin Your Relationships? Ask Family and Friends to Fund Your Startup - A true "friends and family" round is one way to make holidays more awkward…more

Website Accessibility Epidemic Reaches Arizona

It was only a matter of time until the flood of litigation over the accessibility of websites to persons with disabilities reached Arizona. Recently it did when an Arizona man and his attorney filed lawsuits against four Arizona…more

U.S. Citizenship & Immigration Services Publishes a NEW Rule Benefitting Employment-Based Immigration

On January 17, 2017, a long awaited new rule (the “New Rule”) published by U.S. Citizenship and Immigration Services (“USCIS”) went into effect. Companies and foreign nationals that are employed in various nonimmigrant classifications…more

CFPB Continues to Expand Its Meaningful Involvement Requirements for Debt Collection Law Firms

The CFPB recently issued its third consent order involving a debt collection law firm and appears to be expanding its interpretation of “meaningful involvement”. The order, which was entered against two related debt collection firms…more

IRS Warns Tax Professionals to Be Alert About New Email Scam As 2016 Filing Season Begins

The Internal Revenue Service has warned tax professionals, as the 2016 filing season begins, to be alert to a new email scam by cybercriminals posing as clients soliciting their services. The scam is a variation of a phishing scheme…more

Court rules employer not able to accommodate pregnant employee

A recent ruling by the federal appeals court that covers Oklahoma reminds employers that they must treat pregnant employees with health conditions or work limitations the same as any other employee with health conditions or work…more

Important Hong Kong Decision Broadens Scope of Disclosure for SFC in Disqualification Proceedings

In December 2016, the High Court of Hong Kong ordered the Securities and Futures Commission (“SFC”) to disclose all relevant materials obtained in its investigations to respondents in disqualification proceedings. The Court held that…more

Curing Default in Chapter 11 Bankruptcy May Require Debtors to Pay Default Interest to Secured Creditors.

The Ninth Circuit Court of Appeals recently took up the issue of a Chapter 11 Debtor’s requirements to cure a loan default through its Chapter 11 plan. The result was a ruling that overturned previous law that entitled debtors to…more

New California Laws for 2017 – AB 2296: Electronic signature rules.

Assembly Bill 2296 brings California another step closer to a fully paperless system. Partners David Harris and Yvette Davis authored an article “AB 2296: Electronic signatures” in Daily Journal’s New Laws 2017 report, discussing the…more

Delaware Law Updates - 2016 Year in Review

Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected cases…more

Airspace Rights in Louisiana

The old Latin maxim, cuius est solum, eius est usque ad coelom et ad inferos – “whoever’s is the soil, it is theirs all the way to Heaven and all the way to hell” – is today but a romanticized exaggeration. No longer does a landowner…more

What’s a Peppadew?

We recently checked out a new restaurant in Minneapolis’ growing North Loop area, called Red Rabbit, what a great spot..…more

Patent Challengers Must Show Harm to Appeal Final PTAB Decisions

Last week, the Federal Circuit for the first time addressed the legal standard for demonstrating standing in an appeal from a final agency decision, such as an inter partes review (IPR) decision. Phigenix, Inc. v. ImmunoGen, Inc.…more

The 45th Presidency is Underway: An Inauguration Update

In a celebration of our democracy, the 45th President of the United States, Donald J. Trump, took the oath of office at noon today with his hand on two Bibles: Lincoln's and his own. President Trump's inaugural address largely revolved…more

OFAC Issues New General License to Significantly Lift Sudan Sanctions

On January 13, 2017, President Obama made sweeping changes to the Sudan sanctions program, removing the majority of the sanctions in place against this war-torn nation. The final decision will be in the hands of President-elect Donald…more

French Finance Act for 2017 and Amending Finance Act for 2016: the Most Important Changes Affecting Businesses

The French Finance Act for 2017 and Amending Finance Act for 2016 were enacted on December 30, 2016 (the “Acts”). The Acts introduce a progressive reduction of the corporate income tax rate (28% instead of 33.1/3%). The Acts also made…more

CFPB and Two States File Suit Against Student Loan Company Navient

The CFPB announced on Wednesday that it had filed a lawsuit against Navient Corporation, formerly part of Sallie Mae, and two of its subsidiaries for alleged “systematic” failures in student loan servicing. The complaint alleges claims…more

"Revised HSR Thresholds Announced"

On January 19, 2017, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust…more

The DBO As Religious Regulator

In December last, the Department of Business Oversight published the 2016 Commissioner’s Report on the Offer or Sale of Securities by Permit under Corporations Code Section 25113. This report, which is required by California…more

CPSC Recall Snapshot: January 2017

Welcome to the January edition of the Alston & Bird CPSC Recall Snapshot. December was a relatively quiet month for the CPSC, but major changes are most likely in store for 2017. If tradition holds true, Chairman Elliot Kaye, a…more

Fair Opportunity Complaints on Task and Delivery Orders

Last week, the General Services Administration (“GSA”) issued a final rule amending the General Services Administration Acquisition Regulation (“GSAR”) to clarify that the ordering-agency task and delivery order ombudsman has…more

FTC Announces Changes to Hart-Scott-Rodino Filing Thresholds

On Jan. 19, the Federal Trade Commission announced revised thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act). These thresholds determine whether companies are required to notify federal…more

Hit and Run Accidents in Canoga Park

Hit and run accidents are all too common in the San Fernando Valley, and Canoga Park is no exception. Sadly, many victims of hit and run accidents do not report their injuries or property damage to their insurance company, as they are…more

Predominance? Class Defendant Must Introduce Evidence that Individualized Issues Predominate

Takeaway: To prevail on the predominance issue, an evidentiary showing is required. Defense counsel should prove – either through declaration or deposition testimony – that a particular defense (such as consent under the TCPA) applies…more

European Securities and Markets Authority Opines on the Scope of Product Intervention Powers

The European Securities and Market Authority published an Opinion on the scope of the product intervention powers under the Markets in Financial Instruments Regulation. The Opinion focuses on the impact of the exclusion for fund…more

2017 California Estate and Tax Planning Newsletter

Blank Rome’s annual estate and tax planning newsletter addresses estate planning concepts and techniques that should be considered in 2017 by our clients and friends. Transfer Taxes. The major changes made in 2010 in the law…more

From Israel to Canada: New Tax Treaty to Help Structure Investments

On December 21, 2016, the new Canada–Israel tax treaty entered into force. The new treaty was signed on September 21, 2016 in New York, and replaces the existing treaty that dates from 1975. For most purposes, the provisions of the new…more

Rolls-Royce Global Enforcement Action: Part IV – What Does it all Mean?

Today I conclude my series on the Rolls-Royce global anti-corruption enforcement action by taking a look what it all means going forward. The resolution is more than simply the stunning fines and penalties of £671 million (more than…more

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