Latest Updates

Does Your Organization Need an Anti-bribery Management System?

Microsoft and Wal-Mart recently announced that their organizations recognize the value of having a uniform international standard across their organizations to combat bribery, and will now be seeking ISO 37001 Certification… more

Deadline Extended for D.C. Comprehensive Plan Amendment Proposals

The District of Columbia Office of Planning (OP) has extended the deadline for individuals and groups to submit proposed amendments to D.C.'s Comprehensive Plan, which guides future growth and development in the District. OP has moved… more

Carbon and Alloy Steel: Commission Hearing on Dismissal of Antitrust Claims

On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, in connection with its review of Judge Lord’s Initial Determination dismissing complainant U.S. Steel’s antitrust… more

In Case You Missed It: Launch Links - May, 2017 #2

Some interesting links we found across the web this week: Venture Capital Funding for Cleantech Still Looks Pretty Grim The startup world at large is looking for a rebound after a down year in 2016, but if the Brookings Institution… more

NC Legislative Update: May 2017 #3

This Week - Following the passage of the Senate budget proposal last week, the Senate had a fairly light calendar this week. The House continued to work while House budget writers draft their own budget proposal. The House budget… more

When are Parent Company Financial Disclosures Required?

A franchisor selling franchises in the U.S. must disclose its audited financial statements in Item 21 of the franchise disclosure document (FDD). Sometimes, parent company financials are used instead of the franchisor’s financials… more

AGG Food and Drug Newsletter - May 2017

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC office, and… more

Speaking of the First Amendment...

Now that Dr. Scott Gottlieb is safely installed as FDA Commissioner, we at DDLaw can end our moratorium on blogposts about First Amendment issues. There was no way we wanted to give his opponents any ammunition by saying nice things… more

The Polish regulator’s position on insurance companies publishing their standard contracts on their websites

Based on the new regulation in the Polish insurance market that entered into force on 1 January 2016, the general terms and conditions of insurance (“GTC“) as well as other standard contracts must be published by insurers on their… more

The Supreme Court Decision in The Ocean Victory

1. More than a decade has passed since the now infamous ship allided with the breakwater at Kashima, grounded and then eventually broke in two, having tried to depart the port during severe conditions. 2. The severity of the… more

WannaCry Ransomware Alert

This is not a drill. Companies and law enforcement agencies around the world have been left scrambling after the world’s most prolific ransomware attack hit over 500,000 computers in 150 countries over a span of only 4 days. The… more

EU Tightens Food Fraud Prevention Rules

The EU Institutions have recently agreed on a new general framework for official controls performed by the food safety authorities of the Member States, to verify compliance with feed and food law (the “Official Controls Regulation”)… more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 9

Agriculture - Lawmakers to Introduce Organic Research Funding Bill: A bipartisan trio of House lawmakers were set to introduce legislation late May 16 that would boost Department of Agriculture funding for research into organic… more

China’s Cybersecurity Regulators Issue Procedural Rules to Strengthen Enforcement Power

For the past several years, the Cyberspace Administration of China (the “CAC”) has risen to a very important status among the Chinese national government’s agencies. However, it lacks a specific procedural law to empower it with… more

Washington, D.C. Update – May 2017

April saw the debate in Congress heat up as Justice Neil Gorsuch was confirmed for a seat on the Supreme Court, House Republicans suspended, restarted and then ultimately succeeded in their effort to repeal and replace the Affordable… more

Employment Law - May 2017 #2

One Day of Rest Mandated by California Supreme Court - Why it matters - Resolving a contentious issue of California law, the state’s highest court ruled that one day of rest is guaranteed for each defined workweek, although an… more

30,000 Foot View: State Of The Oil Patch

Big picture concepts have filled my mind lately – I am trying to take a step back and see the whole picture instead of getting too deep in the weeds and isolated details. It made me curious – what is the 30,000 foot view of the state… more

California Environmental Law & Policy Update - May 2017 #3

Environmental and Policy Focus - California cracks down on last beachfront sand mining operation in U.S. - San Jose Mercury News - May 16 - On Tuesday, the California State Lands Commission issued a demand to the operators… more

Facebook Sentenced to a €110 Million Fine at the Intersection of Competition Law and Data Protection Law

On May 18, 2017, the EU Commission sentenced Facebook to a “proportionate and deterrent” fine of €110 million for providing misleading information during the investigation of Facebook’s acquisition of WhatsApp. This decision – that… more

Did You Get the Memo? What Recent DOJ Guidance Means for Sustainable Compliance

On February 8, the Department of Justice published its “Evaluation of Corporate Compliance Programs” to guide attorneys and corporate compliance officers during criminal fraud investigations. The guidance is designed to provide more… more

Contract Corner: Change Management in Commercial Contracts (Part 1)

While a primary goal of any well-crafted commercial agreement is durability—terms that work for the life of the agreement—the only certainty in the course of a long-term commercial relationship is the inevitability of change. Once a… more

Supreme Court Holds Federal Arbitration Act Preemption Applies To Contract Formation Rules

Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding that the… more

New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight

Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New York’s… more

Merck Sharp & Dohme Corp. v. Amneal Pharms. LLC

Case Name: Merck Sharp & Dohme Corp. v. Amneal Pharms. LLC, Civ. No. 15-250-SLR, 2017 U.S. Dist. LEXIS 12165 (D. Del. Jan. 30, 2017) (Robinson, J.). Drug Product and U.S. Patent: Nasonex® (mometasone furoate nasal spray); U.S… more

Registration Rule Decision Invites Congress to Expand FAA Authority Over Hobby Drones (Or Not)

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a ruling vacating the Federal Aviation Administration's "Registration Rule," which required owners of small unmanned aircraft ("drones") operated for recreational… more

CPSC Acting Chairman Ann Marie Buerkle Emphasizes Collaboration, Balance, and Education

Acting Chairman of the Consumer Product Safety Commission (“CPSC”) Ann Marie Buerkle highlighted her priorities and recent noteworthy developments in a recent newsletter. She emphasized her desire to collaborate with stakeholders, to… more

The FTC Seeks Comment: How Trusty Is The TRUSTe Plan For COPPA Certification?

The Federal Trade Commission (FTC) is currently seeking comment on proposed changes to TRUSTe’s safe harbor program under the agency’s Children’s Online Privacy Protection Rule (COPPA). Per the Federal Register notice, the comment… more

Operationalizing Compliance: Part I – It All Starts with Pizza

With the release of their Evaluation of Corporate Compliance Programs (Evaluation) in February, the Department of Justice (DOJ) emphasized yet again the importance of actually doing compliance and not simply having a paper program in… more

How Europe’s Private Debt Funds Are Approaching the Leveraged Finance Market

Paul Mullen is a partner in the Hogan Lovells London office. In this hoganlovells.com interview, Mullen talks about how the deal structures vary between the private debt funds and the banks, the differences in the financial… more

CJEU Opinion on EU-Singapore FTA May Impact Approach to Future Trade Agreements

On 16 May 2017, the Court of Justice of the European Union (CJEU) issued the long-awaited landmark Opinion 2/15 on the EU-Singapore Free Trade Agreement (FTA). According to the CJEU, the EU-Singapore FTA falls under the EU’s exclusive… more

Did You Know? Georgia Revises Residential Mortgage Act Provisions

Georgia revised provisions under the Residential Mortgage Act, including, but not limited to, the following: An applicant for a mortgage lender license must provide a bond of $250,000, previously $150,000. This will become… more

5 Key Takeaways: Patent Strategies Applicable for Repurposing & Rescuing of Drugs

Kilpatrick Townsend Partner Ken Weber, Ph.D. recently presented “The Role of Patents in Repurposing and Rescuing Old Drugs” at the STC 2017 Spring Seminar Series in Albuquerque, New Mexico. This presentation defined the role that… more

Will A Subsequent Purchaser Of A Property Built After 1991 Be Liable For Accessibility Issues Related To Design & Construction Of The Property?

As all of us in the property ownership/management business know, communities get bought and sold from time to time. Indeed, a property can be sold many years (even decades) after it was first designed and constructed. Effective in… more

Minnesota Weekly Legislative Update: Budget Negotiations Continue, Conference Committees Focus on Policy

The legislative session is quickly coming to a close, but legislative leaders and Governor Dayton are not finished with their work. They are continuing to negotiate the state’s $46 billion budget and will need to come to a resolution… more

Unpaid Real Estate Tax Can Become a Lien on All of a Property Owner’s Real Estate in Pennsylvania

The basic notion that unpaid real estate taxes may become a lien against property for which those taxes have been assessed and gone unpaid is commonplace to many. The framework for this process is contained in statutes such as the Real… more

AHCA Would Affect Medicare, Too

Editor’s Note: While the American Health Care Act (AHCA)—the bill that would replace the Affordable Care Act—does not include explicit changes to Medicare, it could have a profound impact on the 11 million Medicare beneficiaries who… more

SEMI Will Host Webcast on New TSCA Requirements for Nanoscale Materials

On June 1, 2017, in concert with industry partners, SEMI will host an information-sharing webcast concerning the new regulatory requirements for nanoscale materials under the Toxic Substances Control Act (TSCA). Jim Alwood, Program… more

Judge Robinson Denies Defendant’s Motion To Dismiss Asserting Patents Claim Ineligible Subject Matter

By Memorandum Order entered by The Honorable Sue L. Robinson in Paltalk Holdings, Inc. v. Riot Games, Inc., Civil Action No. 16-1240-SLR (D.Del. May 15, 2017), the Court denied Defendant’s Motion to Dismiss which asserted that… more

Press Release Mistake Leads to $2.4 Million HIPAA Penalty for Health System

On May 10, 2017, the U.S. Health and Human Services Department Office for Civil Rights (“OCR”) announced an agreement whereby Memorial Hermann Health System (“MHHS”) will pay a $2.4 million penalty for releasing a patient’s name in a… more

Legittimità delle opzioni put a prezzo fisso e divieto di patto leonino

Come noto, il divieto di patto leonino, disciplinato all'art. 2265 c.c., risponde alla finalità di rendere nulli i patti fra i soci aventi la funzione di escludere totalmente uno di essi dalla partecipazione agli utili o alle perdite… more

Major Reform of French Civil and Commercial Procedure

By several decrees dated 6 and 9 May 2017 (mainly decrees No. 2017-891, 2017-892, 2017-862 and 2017-888), the French government has enacted a substantial reform of several aspects of French civil procedure (which is also applicable to… more

Public Perception And Policy Regarding Drones And Autonomous Vehicles

Recently I had the opportunity to speak to a college class regarding public perception and policy regarding drones and other autonomous vehicles. In preparing for my presentation, I realized several things that I already knew, but had… more

Senators Request GAO Review of CFIUS Oversight of Foreign Investment in U.S. Real Estate

Three senators – Senate Banking Committee Ranking Member Sherrod Brown, Sen. Ron Wyden, ranking member on the Senate Finance Committee, and Sen. Claire McCaskill, ranking member on the Homeland Security and Government Affairs Committee… more

Pittsburgh's Paid Sick Leave Law Suffers Another Legal Defeat, Battle Not Over

In Pennsylvania Rest. & Lodging Ass'n et al v. City of Pittsburgh, the Commonwealth Court ("the Appeals Court") affirmed a lower court ruling that the City acted without authority when it adopted the Paid Sick Days Act ("the Act"), an… more

The ABCs of Statutory Consumer Protection Liability

The number of consumer claims filed since the Great Recession has skyrocketed. These claims include alleged violations of an “alphabet soup” of federal and state consumer protection statutes. These statutes allow prevailing plaintiffs… more

What does Spokeo mean? The Eleventh Circuit’s Unusual Debate about the U.S. Supreme Court’s Controversial Decision

Takeaway: The decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), where the U.S. Supreme Court evaluated Article III standing in the context of a federal statutory violation, continues to generate controversy. Since its… more

Your Daily Dose of Financial News

We learned pretty early on that VW wasn’t alone in employing emissions-cheating software to get around environmental regs. But until now, it’s borne the brunt of the bad press for its actions. Well, with Fiat Chrysler’s DOJ… more

CFTC Launches FinTech Innovation Initiative “LabCFTC”

On May 17, 2017, Commodity Futures Trading Commission (“CFTC”) Acting Chairman J. Christopher Giancarlo announced an “important step forward” in bringing the CFTC’s regulations into the “digital world of the 21st century.” The CFTC’s… more

So You Just Invented the Best Product the World Has Ever Known

You spent all this time creating the perfect product and, in order to make your startup viable, you need to get the product to market. But what have you done to protect this lifeline of your new business?… more

China opens up the securities investment fund management industry: the first in a journey of ten thousand steps?

On 30 June 2016, the industry self-regulating body, the Asset Management Association of China published what, on the face of it, appeared to be a fairly innocuous document entitled Questions and Answers regarding the Registration and… more

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