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HM Treasury reminds stakeholders of reporting obligations on operational PPP projects

The voluntary code of conduct for PPPs, first published in July 2013 to encourage efficiencies in operational PPP projects, was amended in December 2016. HM Treasury released a number of forms designed to assist private sector…more

FDA Issues Final Guidance on Benefit-Risk Factors to Consider in Medical Device Product Availability, Compliance, and Enforcement Decisions

On December 27, 2016, the U.S. Food and Drug Administration (FDA) issued a final guidance document entitled "Factors to Consider Regarding Benefit-Risk in Medical Device Product Availability, Compliance, and Enforcement Decisions." The…more

New Construction Stormwater Permit Includes Contentious Liability Provision

On January 19, 2017, the EPA published the 2017 Construction General Permit (CGP) which becomes effective February 16, 2017, replacing the 2012 version. The five-year permit includes all stormwater discharges at construction sites over…more

La comisión del condado de Miami-Dade aprueba ordenanza de viviendas para trabajadores impulsadas a través de incentivos

El 20 de diciembre de 2016, la Junta de Comisionados del Condado de Miami-Dade aprobó una ordenanza propuesta por la comisionada Barbara Jordan que dará incentivos a constructores para que ofrezcan unidades de vivienda a trabajadores…more

Stress Claims Stressing Employers Out

Let’s face it: work can be stressful. So what’s an employer to do when an employee requests a stress-free or less stressful work environment as an accommodation under the Americans with Disabilities Act? As always, it depends. While…more

First Steps: Trump Administration's Initial Executive Actions Target the Affordable Care Act and Obama Administration's Midnight Regulations

On Friday, January 20, 2017—within hours of President Trump’s inauguration—the new Administration took its first executive actions. These executive actions included: President Trump's issuance of an Executive Order titled…more

Post-Inauguration Outlook: ACA, Fiduciary Rule and Retirement-Related Tax Provisions

President Donald Trump took the oath of office on Jan. 20, 2017, officially ushering in Republican control of the executive and legislative branches of government. With Republican control of both houses of Congress, and a new president…more

Defence & Indemnity - December 2016: II. LIABILITY ISSUES B.

B. Where a contract for security services explicitly provides that it is not a contract for insurance and contains an enforceable liability exclusion clause, the security provider will not be liable for the loss. Suhaag…more

In The Midnight Hour: FDA Issues 2 Draft Guidances and a First Amendment Memorandum on the Cusp of a New Administration

Over the past few days, FDA issued three documents related to the scope of permissible communications by drug and device companies to various parties. We believe FDA aimed to accomplish two things through these documents. First, it…more

The Election’s Tilt on the Supreme Court and The Impending Ruling in McLane v. EEOC

President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland, President…more

Connecticut Town Struck by Cyber Fraud

On January 17, 2017, officials in Farmington, Connecticut disclosed that the town was recently the victim of a multi-million dollar theft likely perpetrated by sophisticated cybercriminals operating in China. The thieves intercepted a…more

FTC Announces 2017 Thresholds for Merger Control Filings Under the HSR Act and Interlocking Directorates Under the Clayton Act

The Federal Trade Commission (“FTC”) has announced its annual revisions to the dollar jurisdictional thresholds in Section 7A of the Clayton Act and the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The…more

Separate Property and Arizona Marital Community Equitable Lien Rights

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not precedential; it may…more

Russia Releases 2017 Data Privacy Inspection Plans; Microsoft Passes 2016 Inspection

At the end of 2016, territorial divisions of the Russian Data Protection Authority, Roskomnadzor, published their 2017 plans for conducting inspections of local companies’ compliance with Russian data privacy requirements, including…more

EEOC Releases Enforcement and Litigation Data for Fiscal Year 2016

This week, the Equal Employment Opportunity Commission issued its Fiscal Year 2016 Enforcement and Litigation Data. Those of you who joined us at our New Jersey Office for the Labor & Employment Year In Review Seminar may recall we…more

PTAB Convinced by Secondary Considerations to Find Claims Non-Obvious in IPR

On January 19, 2017, the Board issued a final written decision in World Bottling Cap, LLC v Crown Packaging Technology, Inc. (IPR2015-01651) finding the challenged claims were not unpatentably obvious over the references asserted in…more

Higher Filing Thresholds for HSR Act Premerger Notifications and Interlocking Directorates Announced

1. Higher Thresholds For HSR Filings - On January 19, 2017, the Federal Trade Commission announced revised, higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. The filing…more

Federal Trade Commission Revises Hart-Scott-Rodino Thresholds

As it does every year at this time, the Federal Trade Commission (FTC) has issued revised Hart-Scott-Rodino Act (HSR) jurisdictional thresholds for the upcoming year. The FTC is required by law to revise the filing thresholds based…more

Northern District of Illinois Dismisses Whistleblower’s FCA Suit for Failing to Connect Allegations of Misconduct with Submission of False Claims

In United States ex rel. Keen v. Teva Pharmaceuticals USA, Inc., relator Janice Keen sued her former employer—the pharmaceutical company Teva—for violations of the FCA. According to Ms. Keen, Teva trained its sales force to…more

Montgomery County Council Approves Increase In Minimum Wage to $15 Per Hour

On January 17, 2017, the Montgomery County Council approved legislation that would increase the County’s minimum wage to $15 per hour for employers with 26 or more employees by July 1, 2020, and for all other employers by 2022. The…more

Inauguration Day 2017: President Donald Trump

One year ago, few people outside of candidate Donald Trump and his closest and most loyal supporters imagined that January 20, 2017, would mark his inauguration as the 45th president of the United States. Regardless, today an estimated…more

Third Circuit Rules That Employment Practices Favoring Employees in Their 40s Over Those in Their 50s Could Constitute Age Discrimination

The Third Circuit Court of Appeals (which handles appeals of federal cases in Pennsylvania, New Jersey, Delaware, and the Virgin Islands) recently ruled that a facially neutral workplace policy that disproportionately affects a…more

Labor and Employment Group News: Job Transfer Not Retaliation

On December 30, 2016, a Hearing Officer with the Massachusetts Commission Against Discrimination (MCAD) dismissed the Complainant’s retaliation case, finding that the Complainant had failed to establish a causal connection between his…more

Central District of California Finds Prerecorded Call Was Not Telemarketing Under TCPA

Last week, the Central District of California granted summary judgment in a TCPA case involving a single prerecorded call from the plaintiff’s medical insurance company. In Smith v. Blue Shield of California, the plaintiff alleged that…more

UK Prudential Regulator Confirms Increase in Deposit Protection Limit

The Prudential Regulation Authority published a Policy Statement and final rules on raising the deposit protection limit. The Policy Statement follows the consultation paper published by the PRA in November 2016. It is proposed that…more

Client Alert: New Revenue Procedure 2017-13 Provides Clarification of Safe Harbors for Management Contracts of Tax-Exempt Financed Facilities

The Internal Revenue Service has issued Revenue Procedure 2017-13 that clarifies certain provisions of Revenue Procedure 2016-44. For a full explanation of the provisions of Rev. Proc. 2016-44, see our client alert of August 24, 2016…more

Employer Has No Legal Duty To Protect Employee Electronic Information

A court in Pennsylvania recently held that an employer does not have a legal duty to act reasonably in managing its computer systems to safeguard sensitive personal information collected from its employees, when the employer elects…more

Corporate and Financial Weekly Digest - Volume XII, Issue 3

FINRA Issues Report on Implications of Blockchain - Broker-Dealer - On January 18, the Financial Industry Regulatory Authority, responding to increased industry interest in distributed ledger technology (DLT) known as…more

BEPS – Germany on the way to limit the tax deductibility of royalties

A new legislative approach of the German tax authorities leaked last December 19 will have a significant impact on the tax deductibility of royalties owed to related persons being subject to a preferential back end tax regime for IP…more

Predicting Patent Policy Under the Trump Administration

The America Invents Act (“AIA”), signed into law by President Obama on September 16, 2011, was the biggest legislative overhaul to the United States patent system since the Patent Act of 1952. Among other changes, the AIA moved the…more

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

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