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New rules on conflict minerals for EU importers

The European Union is bringing forward new rules on the sourcing and import of conflict minerals. The European Parliament approved the draft conflict minerals regulation (the Regulation) on 16 March 2017 by a large majority, and…more

Article 50 – let the Brexit negotiations begin

On 29 March 2017, Sir Tim Barrow, the UK’s permanent representative in Brussels, personally handed over a letter, signed by Prime Minister Theresa May, to Donald Tusk, the President of the European Council, providing notification of…more

Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

President Trump’s proposed fiscal year 2018 “skinny” budget, if enacted, would severely impact the U.S. Environmental Protection Agency, reducing its budget by nearly a third and cutting 20 percent of its staff. Indeed, the EPA faces…more

Executive Order Reverses Key Aspects of Obama’s Climate Action Plan

Yesterday the White House released its highly anticipated Energy Independence Executive Order (EO). The EO signals the White House’s fulfillment of a campaign promise—to roll back the various elements of the Climate Action Plan…more

Consumer advocates are split on whether Director Cordray should finalize arbitration rule

On Monday, during “The CFPB Speaks” panel I moderated that was part of the Practicing Law Institute’s 22nd Annual Consumer Financial Services Institute in Manhattan, Diane Thompson, Deputy Assistant Director of the CFPB’s Office of…more

Large Deductibles and Self-Insured Retentions – Potential Bad Faith Exposures

As the economy recovers from the Great Recession, the insurance industry is experiencing an increase in the need to evaluate risk retention and risk transfer mechanisms tailored to the commercial policyholders’ risk management goals as…more

Extension of Parental Benefits – What About the Leave?

The Federal government announced in the budget that it intends to “stretch” employment insurance (“EI”) parental leave benefits to up to 18 months at a lower benefit rate of 33% of average weekly earnings. That raises the question:…more

IRS Warns Schools of Dangerous Email Scam

On March 28, 2017, the IRS warned schools, universities, government entities and tax exempt organizations of a dangerous email scam currently circulating nationwide and targeting employers. According to the IRS, the scammer poses as an…more

Operationalizing Data in a Compliance Program

The use of data in compliance programs continues to be held up as either a siren’s song or a goal which simply cannot be achieved. Most of the time when compliance practitioners consider how to use big data in a compliance program, it…more

Real Property & Title Insurance Update: Week Ending March 24, 2017

REAL PROPERTY UPDATE - Foreclosure/Condition Precedent: servicer did not meet its burden of proving it satisfied condition precedent of giving notice of acceleration by failing to provide evidence that notice letter had been…more

The Delphic Provision

On 8 December 2014, the agreement between the three Departments of Mineral Resources (DMR), Environmental (DEA) and Water Affairs, also known as the “One Environmental System” became a reality. In principle, this was aimed at…more

Bigger Investments Proposed for EB-5 Projects; Investors Scramble to Beat Deadline

As we have previously reported, many members of Congress have proposed and considered several reforms to the U.S. Immigrant Investor Program known as "EB-5" over the past several years. The reforms included making the EB-5 Program…more

Middle East Market Update – March 2017

The new FIDIC White Book: what you need to know - FIDIC has now published the 5th Edition of its Client/Consultant Model Services Agreement (the White Book). This supersedes the 2006 version which although used on many projects in…more

Brief Overview of President Trump’s Energy Independence Executive Order

Section 1 of the Order sets forth various policy objectives, many of which (e.g., clean, reliable, affordable, safe energy) are goals that should garner bi-partisan support. How these policies are interpreted by the various heads of…more

President Trump Makes Key Treasury Nominations

President Trump made several nominations for key posts in the US Department of Treasury..…more

Ukraine: Adoption of laws substantially changing legislative regulation on ownership and disposition of corporate rights (shares) of companies

On March 23, 2017 the Verkhovna Rada of Ukraine adopted three laws substantially changing legislative regulation on ownership and disposition of corporate rights (shares) of companies, in particular joint-stock companies, and legal…more

Despite Trump approval, Keystone XL pipeline still has hurdles to cross

Last Thursday, the Trump administration issued a presidential permit to TransCanada to operate and construct the Keystone XL pipeline. Although the granting of the presidential permit is a big step forward, many regulatory and legal…more

New Law Requires Specific Disability Language in Commercial Leases

California Assembly Bill 2093 requires each commercial property owner/lessor to state on each lease form or rental agreement executed on or after January 1, 2017, whether the premises have undergone an inspection by a Certified Access…more

California State Court Poised to Destabilize Low Carbon Fuel Standard

Big changes appear to be imminent for California’s Low Carbon Fuel Standard (LCFS). As discussed in greater detail in our recent post, the LCFS currently is the subject of two interrelated legal challenges commonly known as POET I…more

MSHA Proposes to Extend the Effective Date for the Workplace Examination Final Rule to July 24

On March 27, 2017, the Mine Safety and Health Administration (MSHA) issued a proposed rule to delay the effective date for its Final Rule on Examinations of Working Places in Metal and Nonmetal Mines from May 23, 2017, to July 24…more

HR’s Increasing Role in Ensuring Data Privacy

Last night I had the opportunity to speak to the Colonial Total Rewards Association on the topic of Data Privacy and HR. I titled the presentation “Is Your HR Data Going Rogue” and really focused on the role that Human Resources…more

President Trump Nominates J. Christopher Giancarlo as Chairman of the US Commodity Futures Trading Commission

President Donald J. Trump nominated J. Christopher Giancarlo to serve as Chairman of the US Commodity Futures Trading Commission..…more

Insuring and reinsuring Canadian risks from the United States

Over the past ten years, regulation in Canada of insurers has evolved significantly. Prior to the financial crisis, Canada’s primary regulator had begun to move from a "rules-based" approach to regulation to a "principles-based" or…more

Department Of Business Oversight Proposes Changes To Proposed Finders Rule

Last July, the California Department of Business Oversight proposed regulations to implement the provisions of AB 667 (Wagner). The bill, which was enacted in 2015 and took effect last year, created a new exemption from the…more

Likely and Potential Impacts of Yesterday’s Energy Independence Executive Order

As a follow up to yesterday’s post, President Trump’s Energy Independence Executive Order (the “Order”) has now been posted on the White House website, a summary of which can be found here. Over the last week, many pundits and…more

US Commodity Futures Trading Commission Extends Comment Period on Proposed Capital Requirements for Swap Dealers and Major Swap Participants

The CFTC announced that it was extending the comment period for the proposed rule on capital requirements applicable to swap dealers and major swap participants..…more

President Trump Revokes President Obama's "Blacklisting" Executive Order

On March 27, 2017, President Trump signed legislation, under the Congressional Review Act, blocking regulations and guidance governing Executive Order 13673, "Fair Pay and Safe Workplace," commonly called the "Blacklisting" Executive…more

Tackling GST 'Leakage' is Key to Housing Supply, Affordability

Originally published in Australian Financial Review - March 28th, 2017. If the solution to housing affordability is increased supply, the GST rules for develop-to-rent (D2R) projects is a part of the problem. "New housing"…more

President Trump Holds Press Conference and Signs Energy Independence Executive Order

President Trump and four executives of his administration held a press conference this afternoon in the Environmental Protection Agency’s (“EPA’s”) Map Room. Rick Perry (Secretary of Energy), Ryan Zinke (Secretary of Interior), Scott…more

Rights of Third Parties Put on Notice of Freezing Orders – A Clarification from the Court

In a decision this week, the English High Court has clarified the extent of a third party secured creditor’s duties, when put on notice of a freezing order, and suggested a more limited duty than that previously articulated by the…more

Comptroller of the Currency Discusses Value of International Collaboration and Professional Bank Supervision

Comptroller of the Currency Thomas J. Curry gave a speech at the Institute of International Bankers’ Annual Washington Conference, discussing the value of international collaboration and bank supervision..…more

President Trump Repeals Contractor “Blacklisting” Rule

Former President Obama’s so-called “Blacklisting” rule was short-lived. On Monday, President Trump signed a joint resolution eliminating the rule, which had required bidders on federal projects with a value in excess of $500K to…more

Ukraine: Adoption of laws substantially changing legislative regulation on ownership and disposition of corporate rights (shares) of companies (Ukrainian)

On March 23, 2017 the Verkhovna Rada of Ukraine adopted three laws substantially changing legislative regulation on ownership and disposition of corporate rights (shares) of companies, in particular joint-stock companies, and legal…more

Seventh Circuit Grants Interlocutory Appeal in Rx Discount Program Qui Tam Suit to Answer Several Important Questions

In United States ex rel. Garbe v. Kmart Co., 824 F.3d 632 (7th Cir. 2016), the Seventh Circuit granted interlocutory appeal following numerous motions for partial summary judgment to consider four questions: (1) whether the amendments…more

New York AG Puts Mobile Health App Developers on Notice

New York Attorney General Eric T. Schneiderman announced on Friday that the AG's office reached settlements with three mobile application developers who marketed their apps without possessing sufficient information to back up their…more

2016 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review

The increasing interconnectivity of global markets has become a significant driver of the regulatory and enforcement trends of U.S. and foreign nations. In 2016, U.S. authorities continued their aggressive approach to investigating and…more

Results from California’s First Community Solar RFO

The first round of procurement under California’s community solar program is nearly complete, and the early results suggest that no power purchase agreements (“PPAs”) will be awarded…more

Cannabis Insurance Presents Tough Choices

The unique financial headaches of running a cannabis business are well known. My colleague recently posted a terrific piece here regarding some of the banking-related pitfalls facing cannabis businesses and some of the possible fixes…more

Excess and Surplus Lines Laws in the United States

Preface States’ Implementation Of NRRA IN 2016 - The Nonadmitted and Reinsurance Reform Act (“NRRA”) came into effect on July 21, 2011 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The purpose of the…more

ZTE Corporation to Be Removed from Entity List as of March 29, 2017

Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively "ZTE" or "the companies") will be removed from the Department of Commerce's Bureau of Industry and…more

Dentons Australia Business Protection Checklist

Dentons’ Australian Employment and Labour team works with leading organisations to help them build and maintain sustainable workplaces, with the necessary workplace flexibility to meet fast changing and competitive market conditions…more

New York’s Department of Financial Services Issues Updated Cybersecurity FAQs

New York’s Department of Financial Services issued FAQs on its new cybersecurity requirements..…more

President Trump Nails Coffin Shut on Federal Contractor “Blacklisting” Under Fair Pay and Safe Workplaces Rule

On March 27, 2017, President Trump signed a Congressional Review Act resolution, H.J. Res. 37, and issued his own Executive Order, which together nullified President Obama’s Fair Pay and Safe Workplaces Executive Order and its…more

How Might the FDA's Proposed Patient Affairs Office Impact Patient Advocacy Efforts?

Earlier this month, the Food and Drug Administration (FDA) solicited public comments on the agency’s proposal to create a new Office of Patient Affairs. The agency said in its Federal Register notice that the concept was developed…more

New Executive Order Creates a Changed Climate for Climate Change and Energy

On March 28, 2017, President Trump signed an Executive Order entitled “Promoting Energy Independence and Economic Growth” (EO). This latest EO aims to further incentivize domestic energy production, particularly coal, oil and gas, by…more

The Importance of Defensive Tax Planning and Defensive Tax Return Preparation

Executive Summary: The Importance of Defensive Tax Planning - Tax reform is in the news again. But until we achieve significant tax reform it is essential that individuals, trusts and estates, and businesses with incomes in excess…more

USCIS Processing Times Remain Backlogged

Processing times at the various U.S. Citizenship and Immigration Services (USCIS) service centers remain quite backlogged despite the agency’s continued efforts to improve its administration of immigration benefits. Every year USCIS…more

Biotechnology Innovation Organization’s Amicus Brief in Sandoz v. Amgen

As we previously reported, a number of amici curiae have submitted briefs in support of each party in Sandoz v. Amgen. On March 17, Biotechnology Innovation Organization (“BIO”), a trade association representing various members of the…more

Fair Pay and Safe Workplaces: The fat lady has sung!

Game Over. Dunzo. Finito. Bye Felicia. These are things we can now officially say about the Fair Pay and Safe Workplaces Rule. On Monday, President Trump signed a Congressional joint resolution of disapproval into law, officially…more

Important Information on W-2/SSN Data Theft Scam

A dangerous email scam currently is circulating nationwide and targeting employers, including tax exempt entities, universities and schools, government and private-sector businesses. The scammer poses as an internal executive…more

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Adrian Dayton is an internationally recognized speaker on social media and the Founder of the software company ClearView Social, Inc. He writes a weekly column on social media for the National Law…

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