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Practical tips for maintaining a list of "registrable controllers' in Singapore: what Japanese companies should know (Japanese)

Japanese companies, branches, and subsidiaries incorporated or registered in Singapore may face novel challenges when complying with the new requirement to maintain a register of "registrable controllers"… more

OTA & Travel Distribution Update - Aug. 11th, 2017

This week’s OTA & Travel Distribution Update for the week ending August 11, 2017 (where has summer gone) is below. Compared to recent weeks, this past week was relatively quiet on the distribution front..… more

Early Summary Judgment Denied in Stapler Patent Lawsuit

Judge Gorton in the District of Massachusetts recently denied an early summary judgment motion filed in a patent infringement suit, holding the motion to be premature on two grounds. First, a scheduled claim construction hearing had… more

Hazardous Substances Regulations

From 1 December 2017, those who manufacture, use, handle, store and transport hazardous substances in the workplace will need to follow the new Health and Safety at Work (Hazardous Substances) Regulations 2017 (Regulations). At present… more

Another Federal Appeals Court Rejects Workplace Recording Bans

The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25 decision… more

No Second Chance: Default Judgment Stands Against Infringers without a Reasonable Explanation for their Delay

Some defendants have the mistaken belief that court deadlines are inherently flexible, and that even a default judgment can be set aside with a simple “mea culpa”. Not so. Without a reasonable explanation—and proof supporting that… more

The impact of the GDPR on businesses in South Africa

Businesses operating in South Africa are currently facing the imminence of the Protection of Personal Information Act 4 of 2013 (POPI). POPI will come into effect in its entirety, by presidential proclamation, on a date which is still… more

Practical tips for maintaining a list of "registrable controllers" in Singapore: what Japanese companies should know

Japanese companies, branches, and subsidiaries incorporated or registered in Singapore may face novel challenges when complying with the new requirement to maintain a register of “registrable controllers”… more

MACRA Physician Payment Reform: Time to Take Stock of What Is Working and What Changes Are Needed

In April 2015, Congress established a new framework for Medicare Part B physician payments through the passage of the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”), which the Centers for Medicare & Medicaid Services… more

New Tax Court Decision Provides Planning Opportunities for Foreign Investors Investing in U.S. Partnerships

On July 13, 2017, the U.S. Tax Court issued its opinion in Grecian Magnesite Mining, Industrial & Shipping Co., SA v. Commissioner, in which the Tax Court held that a non-U.S. person who sells an interest in a partnership engaged in a… more

Branding Life

Almost anything that catches the public’s attention for more than a few minutes ends up as the subject of a trademark application by someone trying to capitalize on the moment and own a piece of the public discourse. So it is not… more

Multiple Choices: Compliance Considerations in the Shifting Landscape of Pre-Employment Testing

In recent years, the landscape of pre-hire employment screening tests has rapidly evolved. Employers throughout the U.S. are facing shrinking applicant pools as the labor market tightens. As a result, many employers are now looking at… more

Inject life in enrollment meetings

When it comes to oral or written communications, it’s important that you play to your audience. Any communication that is above or below the audience’s comprehension is going to be a missed opportunity to communicate your message… more

Citing SCA, Court Denies Motions to Compel Microsoft, Google and Yahoo to Produce Emails: eDiscovery Case Law

In PPG Indus., Inc. v. Jiangu Tie Mao Glass Co., Ltd., No. 2:15-cv-965 (W.D. Pa. July 21, 2017), Pennsylvania District Judge Mark R. Hornak denied the plaintiff’s Motions to Compel third parties Microsoft, Google and Yahoo to Produce… more

Panel orders sale of shares, even though no contravention of law

The Australian Takeovers Panel has ordered the sale of shares by two connected parties that were seeking to exert control over a target company, even though the parties were not associates and their action did not contravene the law… more

New York Appellate Decision Questions Enforceability of Employee Non-Compete Agreements, Demonstrates Need for Employers to Carefully Consult Counsel When Drafting or Enforcing Them

For more than a century, New York courts have been enforcing employee non-compete agreements, despite expressing their disfavor of these agreements and related enforcement challenges. In New York, as in many states, non-compete… more

Defamation Claim Over “Slavery Wasn’t So Bad” Comment Revived by Fifth Circuit

What if people thought you said that “slavery wasn’t so bad?” Would it harm your reputation? Would it matter if the statement was contextualized with various caveats? According to the Fifth Circuit’s August 15, 2017 opinion in Block… more

Robins v. Spokeo: Opening the Door to Standing on Privacy Lawsuits?

In a ruling that is likely to have significant impact on privacy litigation, the Ninth Circuit determined on Tuesday that a plaintiff’s claim that the Fair Credit Reporting Act (FCRA) had been violated was sufficient “injury” for the… more

Spokeo II : On Remand from Supreme Court, Ninth Circuit Finds Statutory Violation of Fair Credit Reporting Act Sufficient to Confer Article III Standing

On August 15, 2017, in a much-anticipated opinion in a case that has drawn national attention in the past three years, the United States Court of Appeals for the Ninth Circuit held that an alleged violation of the Fair Credit Reporting… more

Quality Payment Program EHR Hardship Application Now Open

The Quality Payment Program (QPP) hardship exception application is now open for those providers seeking a score adjustment related to their use of electronic health records (EHR). Providers who meet certain criteria can apply to have… more

Deadline to Comply with New York's Cybersecurity Regulation Is Approaching

For entities regulated by the New York Department of Financial Services, the deadline for complying with the new Cybersecurity Requirements for Financial Services Companies, 23 NYCRR Part 500, is Monday, August 28, 2017. To assist, the… more

Call Me Maybe: 11th Circuit Broadly Interprets TCPA to Allow Partial Oral Revocation of Consent

In light of the flux of recent litigation arising under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 et seq., resulting in multimillion-dollar settlements and adverse judgments against companies across all industries… more

Off-Duty Emails May Be Compensable (or Not)

After living with the reality of after-hours work emails, texts and cell phone calls for so many years, no one should be surprised that the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) requires employers to pay non-exempt… more

MTC Marketplace Seller Voluntary Disclosure Initiative Underway

On August 17, 2017, the application period opened for the limited-time MTC Marketplace Seller Voluntary Disclosure Initiative opened and it will close October 17, 2017. Since our last blog post on the topic detailing the initiatives… more

Update on San Francisco Asbestos Settlement Conferences

Judge Lee Trying Out New Approach - Judge Lee, the presiding judge of the San Francisco Asbestos Department, has set forth a new Mandatory Settlement Conference (MSC) system for San Francisco asbestos cases. She stated that she has… more

Lessons Learned from 2017 OCR HIPAA Enforcement Actions

So far 2017 is proving to be an active year for Health Insurance Portability and Accountability Act (HIPAA) enforcement. This comes on the heels of 2016, which saw an unprecedented level of enforcement actions, with 13 total… more

California Environmental Law and Policy Update - August 2017 #3

Environmental and Policy Focus - California attorney general sues EPA over records on administrator - Washington Post - Aug 11 - California’s Attorney General Xavier Becerra sued the U.S. Environmental Protection Agency… more

SEC Approves NYSE Proposed Rule Change Requiring Advance Notice of Dividend and Stock Distribution Announcements

On August 14, 2017, the SEC approved the NYSE’s proposed rule change amending Sections 204.12, 204.21, and 202.06(B) of its NYSE Listed Company Manual to require listed companies to provide notice to the NYSE at least ten minutes… more

Pay-by-Phone Fees Get a Call From the CFPB

Be careful with pay-by-phone fees, the Consumer Financial Protection Bureau (CFPB or Bureau) cautioned companies in a new compliance bulletin, expressing concern about businesses “potentially misleading consumers about the purpose and… more

How Do We Define ‘Effective’ for an ‘Effective Ethics & Compliance Programme’?

In the past year, we have seen a salvo of standards and regulations across the globe offering guidance on how to develop effective ethics and compliance programmes. Along with providing guideposts for programme leaders, the volume of… more

Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe

Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of product… more

NAIC Takes Major Step Toward Final Approval of Insurance Data Security Model Law

In a flurry of approvals last week, the National Association of Insurance Commissioners (NAIC) took substantial steps toward finalizing its proposed Insurance Data Security Model Law during the 2017 NAIC Summer National Meeting in… more

An Intangible Injury Caused by a Consumer Report Is Concrete Enough, Says the Ninth Circuit

On August 15, 2017, the Ninth Circuit Court of Appeals decided Robins v. Spokeo, Inc. (No 11-56843), a case addressing the standing necessary to maintain an action in federal court that had been remanded to the court by the Supreme… more

'Perception of Bias, Impartiality & Justifiable Doubts': The Case of Arthur Aldcroft

Whether arbitrations are administered or ad hoc, parties within certain industry sectors will often require disputes to be resolved by arbitrators from panels of professional associations, such as GAFTA, FOSFA, LMAA or the SCMA. In… more

Gig Economy Can Harness Power From Refugees And Immigrants

As the U.S. unemployment continues to drop to pre-recession levels, the supply of motivated and qualified workers is tightening. Gig economy businesses competing for a shrinking supply of labor may want to consider turning to refugees… more

A Year in Review: FTC Data Privacy Actions and its Impacts on 2017 and Beyond

Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data becomes… more

Update to Registration Statement Processing Procedures

The Staff of the SEC also recently updated the procedures relating to nonpublic review of draft registration statements. Specifically, the following guidance was added..… more

Revised NYSE Dividend Notification Requirements

The New York Stock Exchange has amended its Listed Company Manual to require listed companies to notify the NYSE at least 10 minutes before the company announces any dividend or stock distribution or the fixing of a record date for any… more

News from Abroad -- Mexican Antitrust Authority Issues Broad Study on Generic Drug Entry into Mexican Market -- Part I

Study Suggests Several Changes to Legislation on Patents, Marketing Authorizations, and Government Procurement - In July of 2016, the Federal Commission for Economic Competition announced a broad ranging study on the entry of… more

Significant changes proposed to Singapore's data protection law - 5 things you need to know

Significant changes are proposed to Singapore's data protection law, which if passed would have a material impact on organisations' Singapore data protection compliance programmes. Here's what you need to know so you can plan… more

9th Circuit Clarifies Standard For Article III Standing Based On Statutory Violations

On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th Circuit… more

SEC Staff Guidance on Financial Information in Registration Statements

The Staff of the Division of Corporation Finance recently posted additional guidance regarding the financial information that an EGC may omit from its draft registration statements, as well as guidance for non-EGC issuers. See below… more

Innovator Liability Fails Again

As we discussed at the time, the MDL-wide innovator liability appeals in In re Darvocet, Darvon, & Propoxyphene Products Liability Litigation, 756 F.3d 917 (6th Cir. 2014), resulted in rulings under more than 20 states’ laws that… more

OCC Moves Forward With Fintech Charters, Seeks Lawsuit Dismissal

Holding the line on the future of fintech charters, Acting Comptroller Keith Noreika confirmed that the Office of the Comptroller of the Currency (OCC) will move forward with its plans to issue special purpose charters… more

Ireland's Department of Health is Requesting Comments Regarding Its National Biosimilars Medicines Policy

Ireland’s Department of Health (the “Department”) recently reported on its website that it is “developing a National Biosimilar Medicines Policy to promote the use of biosimilar medicines and to create a sustainable environment for… more

Corporate and Financial Weekly Digest - Volume XII, Issue 31

CFTC - CFTC Suspends Need of Formal Notice for Position Disaggregation Relief - On August 10, the Commodity Futures Trading Commission (the CFTC) issued no-action relief, eliminating the need for certain persons otherwise… more

North Carolina Governor Signs Law Creating Division to Investigate and Prosecute Employee Misclassification Claims

In 2015, a Raleigh newspaper ran a series of investigative articles focused on construction industry members that classified a large portion of their workers as independent contractors instead of employees. The articles alleged that… more

It's Not Etched in Stone that Sales-Tax-Free Weekends Be Held Only in August

This comes as no surprise to the people I work with (nor to my wife) but I was dead damn wrong in my last post, “Guv’s Sales Tax Holiday Bill Looks D.O.A. Appearances Are Deceiving,” 8-6-17. I thought Charlie Baker must have set… more

Pennsylvania Courts Split Over Sexual Orientation Discrimination

A recent decision by Judge Jan E. DuBois in Coleman v. Amerihealth Caritas, No. 16-3652, 2017 U.S. Dist. LEXIS 85319 (E.D. Pa. June 2, 2017) demonstrates that Pennsylvania courts remain divided as to whether Title VII of the Civil… more

Massachusetts Joins MTC Amnesty Program

Massachusetts Joins Multistate Tax Commission Amnesty Program - For Most States Amnesty Features Complete Tax Forgiveness - Urgent Action May Be Needed - Boston – On August 18, 2017 Massachusetts joined 22 other participating… more

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