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Advertising Law - October 2016 #3

YouTube Adds Sponsored Content Notification Feature - To help influencers achieve compliance with the necessary disclosures about their relationships with advertisers, YouTube has unveiled a new tool to provide notice to viewers…more

Disavowal By Description, Disparagement, and Argument Limit Claims

In Poly America, LP v. API Industries, Inc., [2016-1200] (October 14, 2016), the Federal Circuit affirmed the district court’s construction of “short seal” in the claims of U.S. Patent No. 8,702,308 to require that such seals extend…more

Signs, Signs, Everywhere a Sign: What Employers Need to Know About Tennessee’s New Gun Posting Law

Tennessee employers– you can generally keep weapons off your property, but if you want to prosecute violators, you need the right sign. And, effective July 1, 2016, the state has changed what it says is an acceptable sign…more

Calling all New Jersey Government Contractors: What is your Plan for Political Activity Compliance in Anticipation of the 2017 Gubernatorial Election?

With only 19 days until the presidential election and the final debate being held tonight, most of the country is focused on national politics. Although the presidential election may be taking center stage, now is the time for…more

Can the Corporate Veil be Pierced Against a Former Shareholder?

A recent opinion issued by the United States District Court for the Northern District of Illinois reminds us that corporate veil-piercing liability is not exclusive to shareholders. Anyone who is in control of and misuses the corporate…more

Make sure you get what you pay for with Independent Contractors: Pitfalls of a “Work Made for Hire” Agreement

As the owner or manager of a newly minted business, you are likely inclined to engage independent contractors to design your web site, create your marketing materials and perhaps even provide services to your clients. Engaging an…more

Before Asking for Sanctions, Check the Recycle Bin

Erhart v. BofI Holding, Inc., No. 15-cv-02287-BAS (NLS), 2016 WL 5110453 (S.D. Cal. Sept. 21, 2016). The court denied sanctions against a party where the huge majority of the files he deleted were not actually destroyed, as they…more

Did You Know...Heads Up! San Francisco Paid Parental Leave Ordinance… Supplementing California Paid Family Leave, Effective January 1, 2017

San Francisco has become the first U.S. jurisdiction at any level to decree fully paid parental leave for parents to bond with their child. California currently provides six weeks of partially paid leave through the state EDD…more

Naturally Misleading? Ninth Circuit Keeps “All Natural” Fruit Labeling Dispute Alive

Does a food label advertising a product as “all natural fruit” mislead consumers when that product contains artificial preservatives? That is the question presented in Brazil v. Dole Food Co. Inc., which the Court of Appeals for the…more

OFAC and BIS Changes to Cuba Sanctions Further Ease Trade and Travel Restrictions

On October 14, 2016, the Treasury Department’s Office of Foreign Assets Control (OFAC) and the Commerce Department’s Bureau of Industry and Security (BIS) published another round of amendments to the Cuban Assets Control Regulations…more

“Backlash Discrimination” and “Complex Employment Relationships” at the Heart of the EEOC’s 2017-2021 Strategic Enforcement Plan

On October 17, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) unveiled the adoption of its 2017-2021 Strategic Enforcement Plan (“SEP”). The SEP, which was approved by a 3-2 vote, outlines the…more

Massachusetts climate change executive order

Massachusetts Governor Charlie Baker signed an executive order last month setting a comprehensive approach to climate change. Executive Order No. 569, Establishing An Integrated Climate Change Strategy for the Commonwealth, directs…more

Department Of Defense Issues Final Cyber Incident Reporting Rule

On October 4, 2016, the Department of Defense (“DoD”) published a final rule implementing mandatory cyber incident reporting requirements for DoD contractors and subcontractors. The rule, which is effective as of November 3, 2016…more

A 5-Step Plan for Growing Your Business Using Webinars

Here is a plan that breaks down your activities into five do-able steps - each building on the previous one – and which uses the connective power of webinars to turn general interest in a legal matter into real-world opportunity for…more

SEC Fines Fantasy Stock Market App Developer

The Securities Exchange Commission (“SEC”) recently fined New York-based Forcerank LLC (“Forcerank”) $50,000 in connection with charges that Forcerank’s fantasy stock market mobile app illegally offers complex derivative products to…more

When The Power To Amend Doesn’t Actually Mean You Can Amend

Circumstances, laws, and taxes all change. And, when they do, many settlors don’t want their beneficiaries to have to go into court to get permission to roll with the changes. That’s why you often find a trust provision that permits…more

3D Printing Quarterly Report: Q3 - 2016

Study offers plan to make Northeast Ohio region the Silicon Valley of 3D printing - A report from the Youngstown Business Incubator and America Makes in Youngstown and Team NEO and Magnet in Cleveland offers a plan to make the…more

USCIS Rolls Out the Blanket L Revised Form I-129S Effective Date

Over the summer, United States Citizenship and Immigration Services (USCIS) published an updated edition of Form I-129S, Nonimmigrant Petition Based on Blanket L Petition. The new edition is dated “6/2/16.” Blanket L visa applicants…more

GME benefits of rural status

When Congress first established limits on Medicare payments for graduate medical education (GME) in the Balanced Budget Act of 1997, the resident limits or "caps" on Medicare-funded training positions applied equally to all hospitals…more

The Impact of U.S. Export Controls and Economic Sanctions on Colleges and Universities

At the core, a University holds most dear the ability for faculty and students to freely engage in research in an open environment, permitting unrestricted access to the University’s underlying research data, the research methods used…more

Economic Times of India: Report Suggests that Indian Biosimilars Market May Reach $40 Billion USD by 2030

The Economic Times of India has reported on a study of the Indian biosimilars market conducted by the Jawaharlal Nehru Institute of Advanced Studies (JNIAS). The study reports that the Indian biosimilars industry was close to $300…more

After All the Hub-Bub about Slots Parlor, Most Revere Voters Stayed Silent on It

The gambling industry tacticians who wore the clothes of the Revere Jobs and Education Committee got their heads handed to them yesterday in a special municipal election. This was a small-turnout event that wasn’t even close to…more

Healthcare & Life Sciences Private Equity Deal Tracker: BelHealth Acquires AHS Staffing

BelHealth Investment Partners has announced it has acquired AHS Staffing. BelHealth, based in New York, is a healthcare private equity firm focused on lower middle-market companies…more

IRS Releases November 2016 Interest Rates

The 7520 rate for November 2016 has remained at 1.6%. The November 2016 Applicable Federal Interest Rates can be found below…more

FTC Announces Settlement of “Made in USA” Litigation

Earlier this week, the FTC announced settlement of one of the few “Made in USA” cases the agency has litigated in recent years. Earlier this year, we sent an update regarding the FTC’s lawsuit against Chemence, Inc., in which the FTC…more

An Esports Slam Dunk: What the NBA’s Investment in Esports Means

On September 26, 2016, the Philadelphia 76ers announced that they had acquired two leading eSports teams, Team Dignitas and Team Apex. Not to be outdone, the next day Team Liquid announced they had sold a controlling share to Golden…more

The Repeal of the New Jersey Estate Tax: Is it Now Safe to Move Back to New Jersey?

On October 14, 2016, Governor Christie signed into law a transportation funding bill that also included the repeal of the New Jersey Estate Tax. Here is what you need to know: - The New Jersey Estate Tax repeal will be effective…more

New Tool in Calif. AG’s Privacy Enforcement Efforts: Consumers

California Attorney General Kamala Harris is enlisting new enforcers in her efforts to get companies to comply with the state’s privacy policy requirements: members of the public. On October 14, Harris released an online form…more

IRS Provides Guidance for the Post-Determination Letter Era

In July of 2015, the IRS announced that it would end its regular determination letter program for individually designed plans effective January 1, 2017. At the time of this announcement, many plan sponsors and other interested…more

Identifying and Mitigating Organizational Con?icts of Interest in Government Contracts Mergers and Acquisitions

An organizational conflict of interest (OCI) arises when the performance of one contract undermines a contractor’s objectivity or creates an unfair competitive advantage with respect to another contract. An agency cannot issue an award…more

The Municipal Advisor Regulatory Framework - Where We Are and Where to Next

On September 19, 2016, the Municipal Securities Rulemaking Board ("MSRB") advised Congress that it had "just concluded development of a core regulatory framework for municipal advisors." This by no means signals a significant break…more

Financial Services Weekly News - October 2016 #2

Editor's Note - Never Satisfied. Despite the Securities and Exchange Commission’s announcement that, in its just completed fiscal year 2016, it filed a record 868 enforcement actions reprimanding misconduct by companies and their…more

New UAE Mutual Funds Regulations Herald Critical Changes for Foreign Managers

The United Arab Emirates (the “UAE”) federal securities regulator, the Emirates Securities and Commodity Authority (the “SCA”), has issued extensive revisions to the UAE Mutual Funds Regulations 2012 (the “2012 Regulations”) in the…more

Takeover Code: changes to communicating and distributing information

There have been recent changes to the Takeover Code. The purpose of these is to ensure that the Code's rules on communicating and distributing information and opinions during a takeover offer adequately reflect recent technological…more

Appellate Court Reinforces When the Attorney-Client Relationship Ends for Purposes of “Continuous Representation” Tolling Provision of Legal Malpractice Statute of Limitations

In Gotek Energy, Inc. v. Socal IP Law Group, LLP (No. B26668, October 12, 2016), the Second District Court of Appeal held that rather than the date on which a client file is transferred to new counsel, the attorney-client relationship…more

Consents to assign – one wrong invalidates two rights

The High Court decision in No.1 West India Quay (Residential) Ltd v. East Tower Apartments Ltd [2016] EWHC 2438 (Ch) is a stark reminder to both landlords and tenants of the need to be aware of and to comply with the provisions of the…more

New Round of Cuba Sanctions Changes Expand Opportunities for Health Sector

Key Points - - OFAC’s latest changes expand opportunities for U.S. persons to engage in medical research with Cuban nationals, authorize U.S. persons to obtain FDA approval of Cuba-origin pharmaceuticals, and market and sell…more

Executive Order Increases Risks and Burdens for Federal Contractors

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order, Executive Order 13673 (the “Order”), which includes the so-called “blacklisting” procedures for federal contractors. The Order’s stated…more

Attorney General Kamala D. Harris Provides New Online Tool to Report California Online Privacy Protection Act (CalOPPA) Violations

It’s time for a compliance check on those website or mobile app privacy policies, before the California Attorney General comes knocking. Attorney General Kamala D. Harris has announced the release of a new tool for consumers to…more

ESMA Publishes Final UCITS Remuneration Guidelines and Final Amendments to the AIFMD Remuneration Guidelines

Key Points - - ESMA’s UCITS Remuneration Guidelines will apply from 1 January 2017 (subject to certain transitional provisions). - They will affect UCITS Managers and delegates of UCITS Managers conducting investment…more

New Saudi Qualified Foreign Investor Rules and IPO Book Building Instructions Approved

This year has witnessed remarkable legal developments in the capital markets landscape of the Kingdom of Saudi Arabia. In particular, the Capital Market Authority of the Kingdom (“CMA”) approved the amended Rules for Qualified Foreign…more

California DWR Releases Final Groundwater Basin Boundary Modifications

On October 18, 2016, the Department of Water Resources (DWR) released its final modifications to California’s groundwater basin boundaries in response to the emergency regulations adopted by DWR last October. The basin boundary…more

EEOC Announces New Enforcement Priorities - Gig Economy, High Tech Sector In The Crosshairs

Earlier this week, the Equal Employment Opportunity Commission (EEOC) announced a new series of enforcement priorities on which it will focus over the next five years. By releasing its second-ever Strategic Enforcement Plan, the EEOC…more

Solvency statements on a reduction of capital

A recent High Court decision includes the first reported court ruling on the factors that directors must consider when deciding whether they can make a solvency statement on a reduction of capital…more

PTAB Denies Institution on Biogen’s Tysabri® Patent

On October 17, the PTAB denied institution of IPR2016-000912, IPR2016-00915, IPR2016-00916. The Petitions in these cases were filed by Swiss Pharma International AG on U.S. Patent Nos. 8,815,236; 8,349,321; and 8,900,577…more

Department of Justice Obtains Guilty Plea for Obstruction in Merger Investigation

On October 14, the US Department of Justice's Antitrust Division announced that Ralph Groen, a former information technology executive of the bus operator Coach USA Inc., had pleaded guilty to criminally obstructing justice during a…more

What Is Carried Interest?

During the second presidential debate, one of the few things that both candidates agreed on was doing away with carried interest as part of their proposed tax changes. But they never explained what it is. So what was is carried…more

Seventh Circuit Holds that Insurers Cannot Challenge Policies for Lack of Insurable Interest

On October 12, 2016, the United States Court of Appeals for the Seventh Circuit, in an opinion authored by Judge Richard Posner, affirmed a district court decision finding that securities intermediary U.S. Bank, N.A. is entitled to $6…more

Hague Convention Only Considers One Habitual Residence of a Child

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects of…more

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