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The “French Bribery Act” That is Soon to be Enacted

The last version of the “French Bribery Act” gives more shape to the new provisions of the law and confirms that it contemplates to substantially change the legal anti-corruption scope in France. Since March 2016, French…more

OCAC Publishes Report on Voluntary Disclosure Program

The Offshore Compliance Advisory Committee (OCAC) has published its report on the CRA’s Voluntary Disclosure Program, the first of several anticipated OCAC reports in furtherance of the OCAC’s mandate to provide advice to the Minister…more

CFPB enters into consent orders with reverse mortgage companies to settle alleged advertising violations

The CFPB announced that it entered into consent orders with three reverse mortgage companies to settle the CFPB’s allegations that the companies engaged in deceptive advertising in violation of the Mortgage Acts and…more

FTC Complaint Made Against Genesis Toys and Nuance Communications

On December 6, 2016, The Electronic Privacy Information Center, The Campaign for a Commercial Free Childhood, The Center for Digital Democracy and Consumers Union filed a Complaint and Request for Investigation, Injunction and Other…more

DOJ and FTC Advocate Broader Approach to FERC’s Market Power Evaluation under Sections 203 and 205 of the Federal Power Act

On November 28, 2016, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (together, the “Agencies”) submitted comments on the Federal Energy Regulatory Commission’s (the “Commission” or “FERC”) September 22…more

What a Trump Administration Could Mean for the 340B Drug Program

A Republican White House and a Republican-run Congress could bring significant changes to the 340B Drug Pricing Program (“the 340B program”). Many in Washington believe that the new administration and Republicans in Congress will favor…more

Clean Power Plan's Future in Jeopardy Under Trump

During his campaign, President-Elect Donald Trump vowed to scrap President Obama's Clean Power Plan (CPP) rule. The CPP is the cornerstone of President Obama's environmental legacy. The rule establishes the first national standards to…more

Court Order to U-Haul: Haul Your Non-Compete Clauses Out of California

A California appellate court recently upheld a permanent injunction in Robinson v. U-Haul Company of California barring U-Haul from enforcing its non-compete covenants in California. U-Haul also was required to pay over $800,000 in…more

Going the Distance: The Expanding Lifecycles of Private Equity Funds

The lifecycles of private equity (PE) funds are lengthening as managers continue to seek longer fundraising periods. This is due to a number of factors, including increases in due diligence and holding periods for investments as well…more

Arbitration World

From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment of English…more

Restaurant and Business Leader Andy Puzder Picked to Lead the DOL

President-elect Donald Trump has formally named Andy Puzder as his choice to be the next Secretary of Labor. Currently the CEO of CKE Restaurants, the parent company to several fast-food chains, Puzder is a long-time advocate for job…more

Close but no cigar? What’s different about the T-4 Capacity Market auction results of 2016?

They say a picture is worth a thousand words, so rather than writing a lengthy post on the results of the provisional four-year ahead GB Capacity Market Auction, published on 9 December 2016 by National Grid, we are focusing on two…more

The Year In Review: SEC Enforcement Actions Against Investment Advisers

The Securities and Exchange Commission’s enforcement program is highly focused on investment advisers for an obvious reason: they manage more than $67 trillion in assets for approximately 30 million clients. In addition, because the…more

Paid Sick Leave: Coming to a Town Near You

You are likely familiar with the Healthy Workplace Healthy Family Act of 2014 (“AB 1522”), which entitles California employees to use at least 24 hours of paid sick leave per year and caps accruals at 48 hours. However, you may not…more

Six Crucial Points About the Prohibition on Chinese Investors' Acquisition of U.S. Aixtron Operations

On December 2, President Obama, acting under the Exon-Florio law, blocked the planned acquisition by China's Fujian Grand Chip Investment Fund LP ("Fujian Grand Chip"), a Chinese investment fund, of the U.S. operations of German…more

An Early Holiday Boost to Low-Wage Silicon Valley Workers?: San José Passes “Opportunity to Work” Ordinance and Accelerates The City’s Minimum Wage Increase

The New Year will bring significant changes to the local employment laws affecting Silicon Valley-area employers, with measures aimed at reducing the expansion of the part-time workforce and increasing the minimum wage…more

Illinois Passes Sweeping Energy Legislation

On December 7, 2016, Illinois Governor Bruce Rauner signed into law broad-reaching legislation popularly known as the Future Energy Jobs Bill (Public Act 99-0906), the largest state energy action since Illinois deregulated its power…more

Hot Topics in Commercial Real Estate Winter 2017

Arnall Golden Gregory’s Retail Industry Team would like to thank those that joined us for our Annual Breakfast Briefing “Hot Topics for Commercial Property Owners and Managers” on November 29, 2016. We hope that you found the session…more

Court Clarifies Immunity Defense Under Defend Trade Secrets Act

In an effort to keep you up to speed regarding the Defend Trade Secrets Act of 2016, we are writing to report about a recent case from the U.S. District Court for the District of Massachusetts clarifying aspects of the immunity defense…more

Final FAR Rule Proposed for Small Business Set-Asides on Multiple Award Contracts

On Tuesday, Dec. 6, 2016, the Federal Acquisition Regulatory Council published a proposed rule aimed at finalizing regulations for small business set aside contracts in multiple award procurements. The new rule allows more flexibility…more

Blippar App: Introducing Facial-Recognition Software for your Smartphone

Blippar, an augmented reality app, recently released its facial-recognition software which allows users to scan faces with their smartphones. The Blippar app makes it possible for people to scan faces (from print, TV or in real life)…more

Former CFO Awarded $1.9 Million In SOX Case

An ALJ at the U.S. Department of Labor (DOL) recently ruled that a former CFO was entitled to approximately $1.9 million in back pay, front pay, and compensatory damages, concluding that he was retaliated against in violation of…more

Hold the Phone! The Final Mandatory Gender Pay Gap Reporting Regulations Are Here

In February this year, draft gender pay gap reporting regulations were published and we were all invited to comment. There then followed an extended period of being 'on hold' listening to elevator music, while we waited for the final…more

NIST Cybersecurity Framework

Businesses today have their work cut out for them. Small or large, no organization is immune from cybersecurity threats. Added pressures arise from stepped up government regulatory oversight and enforcement that targets an…more

President-Elect Nominates Oklahoma Attorney General to Head EPA

On December 8, 2016, President-Elect Donald Trump confirmed his intention to nominate Oklahoma Attorney General (AG) E. Scott Pruitt to head the U.S. Environmental Protection Agency (EPA). Rumors about Mr. Pruitt’s nomination have…more

The Meaning of "No" – Putting the Italian Referendum in Perspective

Italian voters overwhelmingly rejected a set of constitutional changes that would have streamlined Italy's government and consolidated power in the hands of the Prime Minister's office. The practical impact of the "No" vote on Sunday…more

Alabama Court of Civil Appeals Rules in Bank’s Favor in Ejectment Action Based on Bank’s Substantial Compliance with Terms of Mortgage Contract and Promissory Note

In Turner v. Wells Fargo, N.A., No. 2150230, Wells Fargo foreclosed on a home after the homeowners tendered a bad check and attempted to send catch-up payments that did not include required penalty fees. Wells Fargo, which purchased…more

EPA Proposes Ban on Common Degreasing Chemical TCE

Yesterday, EPA announced its first proposed ban of a new chemical under the amended TSCA (Frank R. Lautenberg Act, Pub. L. No. 114-182 (2016)), which, among other changes, mandated EPA risk assessments of all high-priority substances…more

General Contractor’s Excess Insurer Denied Equitable Contribution From Subcontractor’s Excess Insurer

In Advent v. National Union Fire Ins. Co., etc. (No. H041934 filed 12/6/16), a California appeals court refused to order a subcontractor’s excess insurer to contribute to a general contractor’s excess insurer because the general…more

OIG Spreads Holiday Cheer By Increasing “Nominal Value” Limits for Gifts to Medicare Beneficiaries

The Office of Inspector General (OIG) has increased the value of permissible gifts that may be made to Medicare beneficiaries without running afoul of the civil monetary penalty (CMP) provision prohibiting beneficiary inducements…more

Trump To Nominate Fast Food Exec Andy Puzder As Secretary Of Labor

Sources within President-Elect Donald Trump’s transition team said today that Mr. Trump’s nominee for Secretary of Labor would be Andy Puzder, Chief Executive Officer of CKE Restaurants, Inc., which includes Hardee’s and Carl’s Jr. A…more

A Partial FLSA Wish List

Presidential elections have typically sparked speculation about possible changes in employment laws and enforcement policies. But this seems to be especially true now, due in part to the discussion already occurring about revisions in…more

EPA Identifies First Ten Chemical Substances For Evaluation Under New TSCA

As we outlined earlier this year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those that are already in use in commerce)…more

Healthcare & Life Sciences Private Equity Deal Tracker: Water Street and JLL Partners Acquire MedPlast

Water Street Healthcare Partners and JLL Partners have announced the joint acquisition of MedPlast. MedPlast, based in Tempe, Ariz., is a services provider to the medical device industry specializing in technical molding, advanced…more

Whistle While You Work: SEC Whistleblower Office Releases Its 2016 Annual Report

The SEC released its Fiscal Year 2016 Annual Report (the “Report”) to Congress on the Dodd-Frank Whistleblower Program on November 15, 2016. The Report analyzes the tips received over the last twelve months by the SEC’s Office of the…more

Google v. The Court: Free Speech and IP Rights

Google Inc. v. Equustek Solutions Inc., et al., the long-running case involving a court’s ability to restrict online search results, and Google’s obligations to restrict search results has finally reached the Supreme Court of Canada…more

Longshoreman’s Negligence Claim Against a Vessel Limited to § 905(b)

In Seaboard Spirit LTD, et al. v. Antwon Hyman, et al., No. 15-12953, an unpublished opinion issued by the Eleventh Circuit on December 5, 2016, the Court of Appeals reversed a District Court’s opinion that had expanded a vessel…more

Forming a Tax-Exempt Section 501(c)(3) Corporation

Although startups are traditionally for-profit ventures, the same principles used to launch a successful startup also apply to the formation of philanthropic enterprises. Generally when people discuss nonprofits, they are…more

Wage Exemption Amount for Restraining Notices and Levies under New York State Law to Increase as of December 31, 2016

Under New York’s Exempt Income Protection Act (“EIPA”), certain funds in deposit accounts are exempt from most restraining notices and levies. One exemption under the EIPA is for an amount deemed to be protected wages, with the amount…more

The Supreme Court Restores Implied Benefit Theory in Insider Trading Prosecutions of Downstream Tippees

Friends and relatives of corporate insiders who knowingly receive and trade on inside information now confront greater exposure for federal securities laws violations. On December 6, 2016, the Supreme Court held in United States v…more

Looking for a Mind at Work: The FTC Presents a Staff Summary of its September 2016 Workshop on Disclosure Effectiveness

Quietly, the Federal Trade Commission staff published a summary of the workshop it convened on September 15, 2016 (“Putting Disclosures to the Test”). The summary goes into detail and generally presents an accurate and objective…more

PA Construction Notices Directory Goes Live December 31, 2016

The new — and much anticipated — Pennsylvania State Construction Notices Directory (“Directory”) is expected to go live this December 31. With this rollout, the PA legislature will have established a statewide directory system for…more

On Hold: House v. Burwell

In a brief Order issued on December 5, 2016, in U.S. House of Representatives v. Burwell, the U.S. Court of Appeals for the D.C. Circuit granted the motion filed by the U.S. House of Representatives (House) seeking to put the lawsuit…more

European Parliament Votes to Delay PRIIPS Regulation Application Date

On December 1, 2016, the European Parliament published a press release announcing that it has voted to delay the Regulation on key information documents (“KIDs“) for packaged retail and insurance-based investment products (“PRIIPs“)…more

Alert: What is Really Going on with the FCC’s Broadcast Incentive Auction?

If you follow the broadcast or wireless industries, you know that the Federal Communications Commission ("FCC") is conducting the world's first dual-sided spectrum auction. In the auction, television broadcasters participate first in a…more

California & the Federal Government Expand Laws to Eliminate Wage Disparity

California state legislature amended the Fair Pay Act to prohibit race and ethnicity-based wage differentials and to preclude employers from relying on salary history to justify the wage gaps. In addition, the U.S. Equal Employment…more

Phishing as a Service

A recent report from Imperva, Inc. has identified a Phishing as a Service (PhaaS) being offered on a Russian website. The United States Computer Emergency Readiness Team defines phishing as “an attempt by an individual or group to…more

USDA Funding Leads To First Wood-To-Jet Fuel Commercial Flight

On November 14, 2016, the U.S. Department of Agriculture (USDA) and its partners celebrated the successful journey of the first commercial flight powered in part by a new renewable fuel made from wood waste. The demonstration flight…more

Two Key Things You Need to Know About the 2016 Federal Rule Changes

On December 1, 2016, amendments to the Federal Rules of Civil Procedure (“FRCP”) and Federal Rules of Appellate Procedure (FRAP) took effect. While at first glance, the changes may not seem dramatic, but changes such as shortening the…more

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Dodd-Frank and the Jobs Act There’s a whole lot to know about the Dodd-Frank Act, and we’re combing through thousands of pages of legislation, SEC filings, rules, statements by public officials and…

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