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$1 Billion in Credit Assistance Now Available from EPA’s New Water Infrastructure Program

On January 10, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of $1 billion in credit assistance for water infrastructure projects under the new Water Infrastructure Finance and Innovation Act (WIFIA)…more

Alert: DOL Issues Guidance on Shareholder Engagement and Pension Fund Investments

On December 28, the US Department of Labor ("DOL") issued Interpretive Bulletin 2016-01 (published in the Federal Register on December 29, 2016), setting forth its views concerning the legal standards under Sections 402, 403, and 404…more

First Circuit Bankruptcy Appellate Panel Recognizes Rights of Trademark Licensees in Bankruptcy

The First Circuit Bankruptcy Appellate Panel recently issued a decision recognizing the rights of trademark licensees when the trademark’s owner files for bankruptcy. In Mission Product Holdings, Inc. v. Tempnology LLC, 559 B.R…more

Expanded Requirements for Expanded Access: The 21st Century Cures Act Places New Requirements on Manufacturers and Distributors

The 21st Century Cures Act (Cures Act) makes a number of changes affecting the pharmaceutical and biologics industries, and AGG previously has written on some of these changes. This update will focus on how the Cures Act impacts…more

New Year, New Resolutions, New Safe Harbors

As we welcome the new year and its endless possibilities, we also welcome some new Anti-Kickback Statute safe harbors and concomitant business possibilities. In December, the U.S. Department of Health and Human Services Office of…more

[Video]Day 23 of 30 Days to a Better Compliance Program-Answering Questions

I often write about the nuts and bolts of an effective compliance program but one of the most basic things that an effective compliance program must have is a compliance department present to ask the basic questions of compliance to…more

Trump Takes First Step Toward Dismantling ACA and Buys Time with an Executive Order: Is it Substantive or Merely Symbolic?

Hours after taking the oath of office President Donald Trump signed a broadly worded executive order (“Order”) intended to minimize if not eliminate the impact of the ACA’s least popular provisions. With the Order President Trump can…more

Edward Hugler Named Acting Secretary of Labor

According to an announcement on the Department of Labor’s website, Edward Hugler is Acting Secretary of Labor. Hearings before the Senate Health, Education, Labor & Pensions Committee on President Donald Trump’s nomination of Andrew…more

Food and Beverage News and Trends - January 2017 #2

Here comes CRISPR – gene-edited plants will soon hit grocery stores and dinner tables. According to a January 9 article in The New York Times, the longstanding dispute over the regulation of GMOs may soon take a dramatic new turn as a…more

SEC and Drugmaker Allergan Reach Settlement over M&A Disclosure Violations

The U.S. Securities and Exchange Commission and drugmaker Allergan settled claims that Allergan failed to disclose negotiations with third parties following the announcement of a hostile tender offer by Valeant and co-bidder Pershing…more

Perspectives for the Professions: Case Summary: Third Party Accreditation

B.C. College of Optics Inc. v. The College of Opticians of British Columbia, 2016 BCCA 85, allowing an appeal of the lower Court’s finding that the regulator could not require a third-party assessment of a training program as a…more

New Stormwater Rules Effective January 1, 2017

Stormwater management is a concern across the country. The United States Environmental Protection Agency renewed municipal stormwater as one of its National Enforcement Initiatives. North Carolina is no different, and after months of…more

How Will Trump Change The FDA?

President-elect Trump’s plans for his first 100 days in office include “cutting the red tape at the FDA” and “speed[ing] the approval of life-saving medications.” Here, we consider specific steps Trump could take–without or with…more

The Future After Being First: Why I’m Hopeful About The Next Four Years

In the past year, but particularly in the months since November 9, we have been forced to deal with the harsh reality that our nation is severely divided. Our generation, in partnership with our first Black president, has pushed…more

Mexico 2017 Repatriation Tax Amnesty

A new amnesty program to incentivize the repatriation of funds kept abroad by Mexican taxpayers was launched. The program will be open until mid-2017 and participants would be obliged to comply with specific requirements, which include…more

Arizona Legislative Assistance in Correctly Classifying Workersas Independent Contractors

One of the most common and problematic issues confronting employers in every industry today is the misclassification of workers as independent contractors. Such misclassifications are a key enforcement target of both federal and state…more

Employee Benefits Legislation Proposed (But Not Passed) by the Obama Administration

In February of 2015, the Department of Treasury issued a reported entitled “General Explanation of the Administration’s Fiscal Year 2016 Revenue Proposals” (the “General Explanation”). The General Explanation is several hundred pages…more

What Do You Need To Know About New York And Cybersecurity

On March 1, New York will go live with cybersecurity rules for financial service providers such as banks, insurance companies and others subject to the Department of Financial Services’ jurisdiction. At its core, the rules require…more

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

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