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OCC Explores Special Purpose National Bank Charter for Fintech Companies

On December 2, 2016, the Office of the Comptroller of the Currency (“OCC”) announced its plans to move forward with a proposal to consider applications from financial technology (“fintech”) companies to receive charters as special…more

Ownership of rigs at risk in PNG

Papua New Guinea is one of the bright spots on the horizon for the oilfield services industry but a recent change in the law has reversed long-standing principles of ownership rights to leased oilfield equipment…more

Disputed Terms Are Construed In Case Relating To Bed Rail Systems

Stark, C. J. Claim construction opinion issues regarding nine terms from three patents. A Markman hearing took place on October 7, 2016. The disputed technology relates to bed rail systems that can be used to prevent a child…more

Supreme Court Reaffirms Personal-Benefit Requirement for Insider Trading

The Supreme Court confirmed today that the "personal benefit" required to establish a claim for insider trading can consist of making a gift of material, nonpublic information to a family member or friend and that an exchange of…more

CMS Releases 2017 Medicare DMEPOS and Clinical Lab Fee Schedules

CMS has announced 2017 Medicare fee schedule rates for durable medical equipment (DME) prosthetic orthotics and supplies (DMEPOS) furnished in non-competitive bidding areas. The calendar year 2017 DMEPOS update factor is 0.7 percent…more

CFPB’s Ombudsman’s Office issues fifth annual report

The CFPB’s Ombudsman’s Office has issued its fifth annual report covering the Office’s activities during fiscal year 2016 (October 1, 2015 through September 30, 2016).  The role of the Ombudsman’s Office is to assist in the resolution…more

Supreme Court Holds that Violation of False Claims Act’s Seal Requirement Does Not Mandate Dismissal

The Supreme Court ruled today (December 6, 2016) in State Farm Fire & Cas. Co. v. U.S. ex rel. Rigsby, ___ S. Ct. ___ (2016). The case probed whether a violation of the False Claims Act’s seal requirement mandated dismissal of a…more

Student Athletes Are Not Employees, Seventh Circuit Rules

Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women track and…more

NY considers ESCO reforms

New York utility regulators have launched consideration of reforms to how retail electricity suppliers called energy service companies or ESCOs operate in that state. A December 2, 2016 notice issued by the New York Department of…more

New Executive Order for Hurricane Matthew Adds to Tolling Period for Certain Development Approval Extensions

On October 3, 2016, Governor Scott issued Executive Order 16-230 declaring a 60-day state of emergency throughout the entire State of Florida, due to the threat posed by Hurricane Matthew. On December 1, 2016, the Governor issued…more

OSHA Reports Continuing Decrease in Workplace Injuries

Over the past decade, the Occupational Safety and Health Administration (OSHA) has reported a steady decline in the number of reported workplace injuries and illnesses in the U.S. Initially, the agency attributed this drop to the…more

Whistleblower Rule Compliance: SEC’s OCIE Issues Risk Alert in Wake of Illustrative Enforcement Actions

On October 24, staff of the Securities Exchange Commission (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) released a Risk Alert titled “Examining Whistleblower Rule Compliance” (the “Risk Alert”). The Risk Alert…more

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law enforcement to…more

Need to Know: Recent and Upcoming Changes to the UK’s Employment Law Landscape

New legislation due to come into force in April 2017 requiring employers to publish details of their average pay for men and women - New Gender Pay Gap Reporting obligations are expected to come into force in April 2017. The…more

Exempt Organizations: New Amendments to the Nonprofit Revitalization Act of 2013 Signed into Law by Governor Cuomo (12/16)

On November 28, 2016, New York State Governor Andrew Cuomo signed Senate Bill No. S07913B enacting another round of amendments to the Nonprofit Revitalization Act of 2013 (the "NPRA")…more

Maine DEP's New Multi-Sector General Permit

It is expected that the State of Maine multi-sector general stormwater permit for industrial facilities will be signed by Commissioner Mercer shortly. The new 5-year permit requires that facilities subject to the permit, file a notice…more

Much-Anticipated Section 871(m) Dividend Equivalent Guidance Provides Promised Transition Relief

The U.S. Internal Revenue Service (the “IRS”) has released Notice 2016-76, providing anticipated guidance and transition relief for certain dividend equivalent transactions described in section 871(m) of the U.S. Internal Revenue Code…more

Insider Trading Conviction in First Insider Trading Case in Nearly Two Decades Affirmed by Supreme Court

On December 6, 2016, after nearly twenty years of silence on insider trading, the U.S. Supreme Court unanimously affirmed the Ninth Circuit in holding that prosecutors need not show that a tipster received a pecuniary or other tangible…more

SEC Finds Pre-IPO Transactions Were Unlawful Security-Based Swaps

The SEC announced that Equidate Inc. agreed to settle charges that it violated federal securities laws by failing to register security-based swaps that were offered and sold online to shareholders in pre-IPO companies. Equidate did not…more

Fair Warning: Artwork, Private Foundations, and Self-Dealing

The weekend has ended and Art Basel – Miami 2016 has concluded. To many U.S. taxpayers, it’s just another Monday, but to serious collectors who attended this vibrant art fair focused on contemporary paintings and sculptures, this was a…more

[Video]Trends in Individual Accountability in Health Care Fraud Enforcement: Thought Leaders in Health Law Video Series

Anjali N.C. Downs, Carrie Valiant, and Jack Wenik, Members of the Firm in the Health Care and Life Sciences practice at Epstein Becker Green, examine the government’s renewed focus on holding individual executives and members of boards…more

Proposed 2017 NDAA is a Mixed Bag for Government Contractors

Last month, we reported that the Government Accountability Office’s (“GAO”) statutory authority to hear bid protests on civilian task orders exceeding $10 million had expired, leading to a parade of dismissed protests and disappointed…more

New Lifeline Rules Take Effect December 2 and Draft Plan Released for National Verifier

The Lifeline program, created more than 30 years ago to make telephone service more affordable for low-income families, has undergone its most radical change to date. Effective last Friday, Lifeline has been expanded to cover…more

Double-Checking the PTAB

By Bryan K. Wheelock, Principal The Federal Circuit’s docket is burgeoning with Patent Office appeals.  Three years ago there were 118 appeals from the USPTO pending before the Federal Circuit. Today there are 578.  The bulk of this…more

Supreme Court Decision in Salman

Yesterday, the Supreme Court confirmed a more expansive application of criminal insider trading violations when it unanimously affirmed the Ninth Circuit Court of Appeals decision in Salman v. United States. In doing so, the Court…more

Is Tax Reform On the Horizon?

2017 will bring Republican control to D.C. It will also potentially bring tax reform. Both President Elect Donald Trump and House Republicans have proposed sweeping changes to the U.S. tax system, which we have briefly summarized…more

Preparing for a new year: Take time now for a quick estate plan review

Year end is the time to make certain estate planning provisions to protect the interests of heirs and minimize potential estate tax liability. It’s also a good time to conduct a quick review of your estate plan. This article explains…more

FINRA Imposing Increasingly Major Fines for AML Failures

Staying true to its Chairman’s message regarding its focus in 2016 on anti-money-laundering (“AML”) compliance, the Financial Industry Regulatory Authority (FINRA) just settled claims of inadequate AML controls with the investment arm…more

Supreme Court Gives Government Victory on Significant Insider Trading Case

The Supreme Court in Salman v. United States yesterday issued its most significant ruling in an insider trading case in more than two decades. In a unanimous, brief opinion written by Justice Alito, the Supreme Court affirmed the Ninth…more

Dakota Access Pipeline: Down but Not Out

On Dec. 4, 2016, the U.S. Army Corps of Engineers announced that it will not decide on Dakota Access LLC’s easement application until the Corps prepares an environmental impact statement. The decision is significant in that it marks at…more

Repealing and Replacing the ACA: Five Developments Likely to Occur in the Years Ahead

On the back of the 2016 United States presidential election results, the health care industry ponders how a Republican president and Congress will transform the business environment. The health care industry has a number of important…more

Your Daily Dose of Financial News

Here’s an interesting take on the future of the labor market (especially for an emerging generation that is better with a screen than eye contact)—because robots and AI will be able to take over anything that’s routine, people skills…more

Delaware Supreme Court Finds Pre-Suit Demand Was Excused

When a stockholder files a derivative suit she can avoid dismissal under Rule 23.1’s pre-suit demand-on-the-board requirement by showing that a majority of the directors were not independent enough to fairly consider her demand that…more

The Supreme Court - December, 2016

The Supreme Court of the United States granted certiorari in seven cases on Friday afternoon: Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189: 1) Whether a "conditional sale" that transfers title to the…more

House Passes Creating Financial Prosperity for Businesses and Investors Act

On Monday, the House of Representatives passed the Creating Financial Prosperity for Businesses and Investors Act (H.R. 6427) (the “Act”) by a vote of 398 to 2. The Act is actually a compilation of six measures that were previously…more

Supreme Court Update: Bravo-Fernandez V. United States (15-537) And Order List

12.2.2016 Greetings Court Fans! The Court issued its first signed opinion of the term this week, a unanimous decision in Bravo-Fernandez v. United States (15-537) holding that the Double Jeopardy Clause does not bar the Government from…more

European Regulation on the freezing of bank accounts – are you ready?

From 18 January 2017, claimants will be able to apply for a European Account Preservation Order (EAPO), a new, and potentially potent, weapon in their litigation armoury pursuant to the new European EAPO Regulation (Regulation (EU)…more

Cloud-Computing Lessons using Software as a Service (SaaS)

Long before anyone referred to “the cloud” as something related to the Internet, software companies began shifting away from expensive, customized, on-site software implementations to something we used to call Software as a Service…more

Court Of Chancery Examines Whether Derivative Demand Was Wrongfully Refused

Even after a board rejects a plaintiff-stockholder’s demand to bring a derivative litigation, the plaintiff may proceed to bring that derivative action if the plaintiff can show the demand was “wrongful.” Having conceded that the…more

December Antitrust Bulletin

On Nov. 1, 2016, the Federal Trade Commission (FTC) issued a press release announcing that the FTC and the Department of Justice’s (DOJ’s) Antitrust Division are seeking public comment on proposed Antitrust Guidelines for International…more

EU to Evaluate Chemicals Used In Cosmetics for Potential New Regulations

Several substances used as ingredients for cosmetic and other consumer products will be evaluated for possible regulatory action in the European Union in the next three years. On 27 October 2016, the European Chemicals Agency…more

Arbitration in Louisiana – Another Budding Romance?

Are Louisiana courts as enamored with arbitration as their Texas counterparts? Looks like it. East of the Sabine, submitting your dispute to arbitration means you are pretty much saying adieu, farewell and bye-bye to a judicial…more

Supreme Court Decides State Farm Fire & Casualty Co. v. United States ex rel. Rigsby

On December 6, 2016, the United States Supreme Court decided State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, holding that the False Claims Act (FCA) does not mandate dismissal of the case when a relator…more

RCMP Charge Calgary Man with Conspiracy to Bribe Thai Officials

The Royal Canadian Mounted Police (RCMP) have recently laid charges against the president of a Canadian commercial aircraft company under the federal Corruption of Foreign Public Officials Act (CFPOA), for allegedly conspiring to bribe…more

OCC Announces Special Purpose Charters for Fintech Firms

On Friday December 2nd, the Officer of the Comptroller of the Currency (OCC) announced that it would consider granting financial technology (fintech) firms special purpose national bank charters. The OCC’s proposal constitutes a major…more

Trial Court Slips And Falls In Granting Motion For New Trial

On October 21, 2016, Florida’s Second DCA issued a decision in a slip-and-fall case against Wal-Mart that found the trial court erred when it set aside the jury verdict and granted Plaintiff’s motion for new trial on the basis that…more

E-Discovery Moneyball: Brad Blickstein and the Ninth Annual Law Department Operations Survey

In Michael Lewis’s book, Moneyball, he discusses Oakland Athletics’ General Manager Billy Beane’s use of rigorous statistical analysis to find baseball players who added the most value to their team’s success for the least amount of…more

Ohio Supreme Court Amends Attorney Rules Of Professional Conduct To Specifically Allow Attorneys To Provide Legal Services To Clients Involved In Medical Marijuana Enterprises

As previously reported in a Reminger Report back in September of this year, in June of 2016 the Ohio legislature passed a law to allow medical marijuana in Ohio. The law, which was passed was significantly more stringent than similar…more

Supreme Court Decides Samsung Electronics Co. v. Apple Inc.

On December 6, 2016, the United States Supreme Court decided Samsung Electronics Co. v. Apple Inc., No. 15-777, holding that in the case of a multicomponent product, the “article of manufacture” that is the basis for an award of…more

Supreme Court Changes Standard for Determining Damages for Design Patent Infringement

Samsung Electronics Co., Ltd. v. Apple Inc. (No. 15-777) - In the closely-watched Samsung v. Apple case, the Supreme Court today issued a landmark ruling that changed the long-standing rule for calculating damages for…more

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