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SEC Approves NSCC and NYSE T+2 Rule Proposals

On January 4, 2017, the SEC approved the National Securities Clearing Corporation’s (“NSCC”) proposed rule change to conform to the SEC’s proposed Rule 15c6–1(a) amendment and accommodate a second business day after the trade date…more

Court Reporters and Legal Videographers = Team

As many of you might know, I am married to a legal videographer, Chris Jordan. Naturally, we met at a deposition, and it was a doozy of a depo. The deposition took place at the witness’ home. His two angry Rottweilers greeted us at…more

Gavel to Gavel: Anticipating breach of contract

During our state’s current economic downturn, it is even more important than usual that businesses across all industries use foresight to avoid contractual breaches by their dealers, customers and partners. Consider the following:…more

EU Legal Developments That May Impact Your Business in 2017

Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your corporate…more

What Is The Trump Pharmaceutical Policy?

Pharmaceutical stocks took a hit after President-elect Trump criticized the industry during his January 11, 2017 press conference. But he also expressed support for the domestic pharmaceutical industry. What is the Trump pharmaceutical…more

Accrual of Statutes of Limitations in TX Bad Faith Claims

Every Texas building owner knows that shortly after a hail or wind storm the doorbell knockers will follow. These doorbell knockers are typically contractors or public adjusters, but may even now be attorneys (or their illegal…more

DHS Announces Changes to U.S. & Cuba Migration Policies

On January 12, 2017, the U.S. Department of Homeland Security (DHS) announced changes to the policies and regulations affecting Cuban nationals. DHS stated the “changes represent another important step in the normalization of the…more

#servicebysocialmedia — Federal Courts Allow Use of Social Media to Serve Foreign Defendants

In the recent decision of St. Francis Assisi v. Kuwait Finance House, et al., Case No. 3:16-cv-3240-LB (N.D. Ca. September 30, 2016), the U.S. District Court for the Northern District of California allowed a plaintiff to serve a…more

Vendor Causes Breach of Over 5,000 Patient Records

The continued risk that vendors pose to companies, including health care entities cannot be overemphasized. This week, Sentara Healthcare (Sentara) announced that one of its third-party vendors was the victim of a “cybersecurity…more

A New Kind of Employee Badge – Monitoring, Analytics and More

It is not uncommon for employers to assign badges to their employees to grant access to certain locations on the employer’s property and parking garages. Many employees have them, use them, lose them and think little of them. But…more

HHS OIG Issues Final Regulation Addressing Exclusion Authority

On January 12, 2017, the HHS OIG issued its final rule amending regulations relating to its authority under the Affordable Care Act (ACA) to exclude individuals and entities from participation in federal healthcare programs…more

The Final Rule: DOL Releases Additional FAQs Related to New Fiduciary Rule

The Department of Labor (DOL) has released two additional sets of FAQs providing guidance related to its final rule expanding the definition of fiduciary “investment advice” (the Final Rule) for purposes of the Employee Retirement…more

The Trump Administration’s View on Marijuana: Reading the (Tea) Leaves

The incoming Trump Administration may usher in a more hostile climate to state efforts to legalize the sale and distribution of marijuana and products that contain the drug. The Obama Administration opposed the federal legalization of…more

Moody’s Settles RMBS/CDO Ratings Claims with DOJ, States

After markets closed on Friday the 13th, the U.S. Department of Justice (“DOJ”) announced an $864 million settlement regarding Moody’s credit ratings of residential mortgage-backed securities (“RMBS”) and collateralized debt…more

On the Horizon

Welcome to the January 2017 edition of "On the Horizon" - the mining sector's guide to relevant upcoming legal, commercial and regulatory changes and developments. - In this guide, you will find ... Please see full Guide…more

Your Daily Dose of Financial News

On the heels of Deutsche Bank’s $7.2 billion deal, Credit Suisse has finalized the terms of its own MBS-related settlement. The Swiss bank will pay $5.3 billion to resolve claims that it misled investors about the standards that the…more

Year in Review: The Most Popular Blog Posts of 2016

With President-Elect Donald Trump and his administration officially moving into the White House this Friday, the landscape of energy policy, investment, and incentives could see major changes in 2017. Given this backdrop, it seems like…more

Potential Implications to the ACA Under the Incoming Republican Administration

Over the course of the last six years in Washington, D.C., one of the primary goals of the Republican Party has been to repeal the Affordable Care Act (ACA). Since the Republican Party gained control of the House of Representatives in…more

Sixth Circuit Declines to Address the Definition of Dodd Frank “Whistleblower”

On January 13, 2017, the Sixth Circuit in Verble v. Morgan Stanley Smith Barney, LLC, declined an opportunity to be the third federal appellate court to address the definition of “whistleblower” under Dodd Frank’s anti-retaliation…more

Longitudinal Study Finds that Post-Concussion Syndrome (PCS) May Be Permanent

University of Toronto researchers have just published an important longitudinal study following patients with Post-Concussion Syndrome (PCS) based on a diagnosis of concussion in conformity with the international sport concussion…more

Stage Set for Ninth Circuit to Weigh in on “True Lender” Test

On January 3, 2017, the Central District of California issued an order in CFPB v. CashCall, Inc., No. 2:15-cv-07522 (C.D. Cal.) allowing the defendants to request an interlocutory appeal of its August 31, 2016, decision granting…more

Health Care Group News: OCR Releases New Clarifying Guidance In Response To Orlando Pulse Nightclub Attack

In an emergency, when there is a flurry of activity in a hospital, covered entities often struggle with who they are permitted to release patient information to under HIPAA. On January 11, 2017, the Department of Health and Human…more

REDIAL: 2016 TCPA Year In Review – Analysis of Critical Issues and Trends

The Sutherland TCPA team has published its third annual REDIAL: 2016 TCPA YEAR IN REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS. This publication reflects our in-depth analysis of significant Telephone Consumer Protection Act…more

Trump’s Cabinet Picks Begin Senate Confirmation Process

With the approach of Inauguration Day, the Senate confirmation process for President-elect Donald Trump’s cabinet picks is in full swing. Televised or streamed hearings are taking place involving Trump’s choices to lead the U.S…more

FDA takes a half-step toward acknowledging manufacturers' right to disseminate truthful, non-misleading off-label information

The FDA has issued significant new Draft Guidance on January 17, 2017 that touches on the hot-button issues surrounding manufacturer dissemination of off-label information about approved drugs and medical devices, titled Medical…more

FDA Clarifies “Intended Use” Regulations: Knowledge Alone ? Intent, But Knowledge Certainly Can Be One Element in Establishing the Totality of the Evidence

In its January 9, 2017 final rule addressing when tobacco products may be regulated as drugs, devices, or combination products, the Food and Drug Administration (“FDA” or “The Agency”) amended the intended use regulations for drugs and…more

No Stay Pending IPR in Brewing Patent Dispute | New England IP Blog

District court patent defendants often request a parallel inter partes review (“IPR”) proceeding at the U.S. Patent Office to challenge the validity of the patent at issue. As such IPR proceedings have the potential to kill the patent…more

The NFL and Eminent Domain

For five months out of the year, society’s norms of socially-acceptable behavior are thrown out the window and replaced by a culture which encourages grown men to paint their chests, neighbors to turn adversaries, and complete…more

Informal shareholder resolutions: the Duomatic principle considered

A recent High Court decision has considered whether a company's shareholders had informally amended the company's articles of association under the so-called Duomatic principle. The case highlights issues which can arise from the…more

Top 20 Things You Should Know About the Proposed Puerto Rico Employment Law Reform

Under a new government administration, Puerto Rico employment laws will undergo the most significant transformation in decades with the expected enactment of the “Labor Transformation and Flexibility Act.” In an unprecedented but…more

What’s the deal with data breach insurance

A recent Investment News article highlighted a burgeoning market for financial advisors looking to protect their practices; namely, data breach insurance. Although such insurance seems like a great idea, you need to exercise due care…more

AIM disclosure and social media

AIM Regulation has published guidance on the interaction between social media and other forms of electronic communication (e.g. Twitter, the AIM company's website, a non-regulatory news feed) and an AIM company's disclosure obligations…more

Second Circuit Reverses Marblegate Holding on TIA § 316(b)

Court holds that TIA § 316(b) prohibits only non-consensual amendments to an indenture’s core payment terms. The US Court of Appeals for the Second Circuit limited the ability of minority bondholders to challenge…more

Brexit: can the UK achieve its vision of being a great, global trading nation?

Theresa May, the UK Prime Minister, made clear in a in a speech on January 17, that the UK's trade and investment relationships with the EU and the rest of the world would be front and centre of her Government's new vision. In…more

OFPP Finds What Contractors Have Known: Effective Debriefings Will Lead To Better Proposals And Fewer Protests

On January 5, 2017, the Office of Federal Procurement Policy (“OFPP”) released the third memorandum in its “Myth-busting” series. The third memo found that effective debriefings help to prevent protests and that there is clear room for…more

Oh, My Website Has to be ADA Compliant. Wait, What?!?!?

Dr. Nole Specs created a website for his successful optometry practice. Over the holidays, Dr. Specs received a threatening letter from Mo Dougherty, a plaintiff’s lawyer. Dougherty’s letter claims Specs’ website is not ADA…more

Upscale Food Halls—On Trend and On The Rise

The growth of high-end food halls is taking off around the country as consumers seek fast, fresh, high-quality, chef-driven meals with a local touch, and as landlords seek to cash in on the continued growth of fast-casual dining…more

Obama FDA’s Parting Shot On Off-Label Promotion And The First Amendment

We haven’t digested it yet, so this isn’t a substantive post, but we wanted to make our readers aware that today the FDA made an announcement, which states in pertinent part..…more

EFFECTIVE TODAY: FAR Barring Certain Contractor Confidentiality Agreements

Today (January 19, 2017), the Employee Internal Confidentiality Agreements or Statements Federal Acquisition Regulation (the “Rule”) goes into effect. The Rule prohibits the government from contracting with companies that require…more

Maine Minimum Wage Fallout

Please see Chart for more information…more

Privacy Tip #70 – Renters: Check out This Scam Thwarted by the FTC

I know a lot of people who have looked for and been successful in finding an apartment and/or a roommate on Craigslist. If you are looking for an apartment on Craigslist right now—listen up…more

Why a ‘Grantor Trust’ is a good addition to every estate plan

The Internal Revenue Code is a long, complicated law with many subtitles, chapters, parts and sections. Although we are all aware of income taxes, few care that they are depicted by Subtitle A of the Code. Many are equally aware of…more

Railroads May Benefit if Trump Keeps Promise to Energize Coal Industry

Most U.S. railroad industry stock rose in the immediate aftermath of Donald Trump's election as president. Optimism surrounding railroad stock may be driven in part by the prospect of a resurgence of the coal industry, since one of…more

Avoiding COBRA’s Bite: Measures to Counter COBRA Class Actions

With the filing of a class action complaint in late 2016 in the U.S. District Court for the Southern District of Florida, Wal-Mart Stores, Inc. became the latest large company accused of failing to provide adequate notices as required…more

State Insurance Regulatory Actions Serve as Warning

Recent regulatory actions against Zenefits, a cloud-based software company, demonstrate the importance for companies to be properly licensed where they are conducting business. Zenefits has reached regulatory settlements with at least…more

Base erosion and profit shifting - new regulations

International tax issues have never been more prevalent than in today's integrated economic environment and international markets. As the world becomes increasingly globalised and cross-border activities become the norm, the current…more

SEC Staff Announces 2017 OCIE Examination Priorities

On January 12, 2017, the staff of the Office of Compliance Inspections and Examinations (OCIE) of the Securities and Exchange Commission (SEC) released its annual announcement on examination priorities in the coming calendar year. The…more

Responding to the Dreaded Software Audit

Dealing with software audits is usually not a pleasant experience. Audits are time-consuming, stressful and potentially damaging to your bottom line. Robert J. Scott, Managing Partner, technology law firm, Scott & Scott, LLP…more

Perspectives for the Professions - January 2017: Case Summary: Test for Interim Conditions

Scott v. College of Massage Therapists of BC, 2016 BCCA 180, allowing an appeal of the lower Court’s decision to quash an interim condition on practice. A massage therapist was the subject of a complaint that he had sexually…more

OSHA Penalties Go Up…Yes, Again

In August 2016 we reported on the substantial increases to OSHA fines for violations of safety and health regulations as part of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. (Sec. 701 of Public Law…more

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