Latest Updates

Get Over The Fear Of Hiring An ERISA Attorney

As an attorney, I’ve heard a lot of lawyer jokes and some of them are amusing. I once said at law school that I now know why lawyers have terrible reputations because I met some of these lawyers at law school. While lawyers don’t have… more

[Video]This Week in FCPA-Episode 49, DisneyWorld Ethics Edition

In this episode, Jay Rosen returns from a week’s trip to Walt Disney World. Jay and I have a wide-ranging discussion on some of the week’s top compliance related stories. We discuss: 1. DOJ Criminal Division's Acting Principal… more

Draft Financial Choice Act 2.0 Prohibits Universal Proxy and Restricts Shareholder Proposals

The House Financial Services Committee has released a discussion draft of a revised Financial Choice Act. The Committee will hold a hearing on the Act on April 26, 2017… more

Nuevas oportunidades de P3 para tecnología de gobiernos

Si bien las colaboraciones público-privadas (public-private partnerships, P3) se asocian con frecuencia a una infraestructura física, las P3 son esencialmente flexibles y pueden utilizarse para una prestación rentable y puntual de… more

CFPB’s Fair Lending Report Indicates Increased Focus for 2017 on Servicing and Small Business Lending

For many of us, the mention of fair lending enforcement immediately brings us to the origination side of the industry, specifically conjuring thoughts of redlining and Home Mortgage Disclosure Act (HMDA) data. While these topics will… more

In 2-1 Decision, Second Circuit Vacates Child Pornography Sentence as Substantively Unreasonable

For the third time in the past year, the Second Circuit in United States v. Jenkins, No. 14-4295 (Kearse, Jacobs, Parker), has vacated as substantively unreasonable a sentence imposed under the sentencing guideline for child… more

IPR Estoppel: Ripe for Gamesmanship?

In Douglas Dynamics LLC, v. Meyer Products LLC, [14-cv-886-jdp] (D. Wisc. Document # 68 April 18. 2017), the district court considered the scope of estoppel after an Inter Partes Review (IPR). The Court identified three categories of… more

Australian Consumer Law Review

On 19 April 2017 the final report of the Australian Consumer Law Review, conducted by Consumer Affairs Australia and New Zealand, was publically released. The review was initiated in mid-2015, and involved a broad ranging review of the… more

Buy American and Hire American – New Executive Order Promises to Put American Workers First, But Practical Impacts Remain Unclear

On April 18, President Trump signed a new executive order (EO) at a ceremony in Kenosha, Wisconsin. The EO is entitled “Buy American and Hire American” and focuses on these two themes, with the President’s stated goal of ending the… more

Juvenile Rehabilitation | Juvenile Defense Attorney

Why is my teenager being charged in adult court? As an Arizona juvenile defense attorney with experience as a juvenile judge pro tem, I hear this question on a regular basis. Somewhere deep in our minds, we all know that it does not… more

The City of Philadelphia Has Agreed To Stay The Enforcement of The Philadelphia Wage Equity Ordinance Pending Resolution of Court Challenge

The City of Philadelphia has agreed to stay the enforcement of the Philadelphia Wage Equity Ordinance, which was to take effect on May 23, 2017, and be codified in the Philadelphia Code at Sections 9-1103((1)(i) and 9-1131… more

More Items Subject to Individuals’ Mandatory Tax Reporting in Kazakhstan

On January 1, 2017, amendments affecting individual income tax reporting came into force in the Republic of Kazakhstan. Amendments to the Tax Code of the Republic of Kazakhstan (Tax Code) became effective January 1, expanding the list… more

El secretario de vivienda, Ben Carson, pone en marcha asociación público-privada para viviendas públicas

Ayer, el condado de Miami-Dade recibió al Dr. Ben Carson, secretario del Departamento de Vivienda y Desarrollo Urbano de Estados Unidos, en la urbanización pública Liberty Square, una de las más antiguas del país. La reunión dio inicio… more

Pensions Round-Up - March 2017 (UK)

Welcome to the latest edition of DLA Piper’s monthly newsletter – Pensions Round-Up – in which we provide an overview of developments in pension legislation, case law and regulatory guidance. In this edition we look at key… more

FDA Approval of 23andMe Genomic Test Shows the Way for Direct-to-Consumer Diagnostics

On April 6, 2017 the FDA Center for Devices and Radiological Health formally approved 23andMe’s Personal Genome Services Test as a Class II Medical Device. Approved tests include assessment of an individual’s genetic risk of… more

Advertising Law - April 2017 #3

Amazon, FTC Reach Deal Over In-App Charges - Amazon and the Federal Trade Commission have agreed to drop their appeals in a lawsuit accusing the online retailer of billing consumers for unauthorized in-app charges incurred by… more

The problem with pushing other providers

Many larger third party administration (TPAs) firms, especially those owned by insurance companies are feeling the heat and they’ve been feeling the heat of competition ever since everyone had to fully disclose fees thanks to fee… more

Legislature Finds More Opportunity to Work: AB 5 Moves Along

Seyfarth Synopsis: The California Assembly Committee on Labor and Employment yesterday heard and approved AB 5, The Opportunity to Work Act, as it continues to move through the legislative process… more

Modernisation of Dubai free zone regulations

The Dubai Creative Clusters Authority (DCCA), formerly known as the Dubai Technology & Media Free Zone Authority or TECOM, which is the free zone authority with jurisdiction over nine Dubai Creative Cluster (DCC) free zones, has… more

Public Comments And Hearing Regarding Administration Report On Significant Trade Deficit

On April 17, 2017, the Office of the United States Trade Representative (“USTR”) and the U.S. Department of Commerce’s International Trade Administration (“Commerce”) published a Federal Register notice regarding a public hearing and a… more

Focus on Tax Strategies & Developments - April 2017

Impact of Country-By-Country Reporting on Multinational Enterprises - Perhaps the most challenging component of the Base Erosion and Profit Shifting (BEPS) initiative adopted by the OECD and G20 countries, Action 13… more

City and Police Officer Victorious in Malicious Prosecution and Seizure Case

Best Best & Krieger LLP attorneys Christopher Pisano and Dana Vessey prevailed on a motion for summary judgment on behalf of the City of Colton and one of its police officers in a case that stemmed from a complicated story about the… more

Navigating Private Equity Fund Limitations for Energy Infrastructure-Focused Investments

Energy infrastructure funds have emerged as a class of funds that offer investors the potential for long-term stable returns, as well as downside protection through the asset class’s inflation-hedging characteristics. An energy… more

The Internet is Even Busier That it Was Last Year: eDiscovery Trends

About this time last year, I published (or re-published, if you will) a terrific infographic that illustrated what happens within the internet in a typical minute in 2016. Since I will be part of a panel discussion at The Master’s… more

"UK Updates Fund Management Law"

On March 29, 2017, the U.K. updated the law pursuant to which U.K. limited partnerships are constituted. It was the same day on which the government began the Brexit process that will fundamentally change the constitution of the U.K.… more

PTAB Life Sciences Report -- Part II - April 2017#2

About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Actavis Laboratories FL, Inc. et al. v Janssen Oncology, Inc. PTAB Petition: IPR2017-00853; filed… more

Update: Los Angeles "Ban-the-Box" Legislation

In January, we issued an Employment Alert regarding Los Angeles's new "Ban-the-Box" law, known as the Los Angeles Fair Chance Initiative for Hiring, which went into effect on January 22, 2017. The law restricts inquiry into the… more

Not Chapter 11 but Chapter 11-ish

Parents, headmasters, hoteliers, restauranteurs, insurers and countries love them or hate them, depending on how their school or restaurant, company or nation is ranked. I’m referring to the World Bank’s annual Doing Business, for… more

Pennsylvania Law Allowing Employer Use of Payroll Debit Cards Takes Effect May 4

As we previously noted, the Pennsylvania General Assembly passed a law in November that amends the Pennsylvania Banking Code to permit the use of payroll debit cards, with certain conditions… more

The ins and outs of the Australian Government's new visa changes

On 18 April 2017, the Australian Government announced sweeping changes to employer sponsored skilled migration visas. While the most dramatic change is undoubtedly the abolition of subclass 457 visas in favour of the new Temporary… more

Additional Opportunity for Increased Extension of Building Permits and Development Orders: Interested parties must notify issuing governmental agency by September 7th to receive a new extension

Due to Governor Scott's recent expansion of the State of Emergency issued for the Zika Virus, holders of permits and development orders have another opportunity to toll the period remaining to exercise rights under the permit or order… more

Congressional Committees Propose Restructuring of User Fees in Draft Language

The draft language reauthorizes FDA’s authority to assess user fees and proposes fee restructuring and increases. On April 14, the health committees for both the US Senate and the US House of Representatives released a discussion… more

Is there a legislative fix for biotech patents?

By some accounts, we have entered a golden age for innovation in personalised medicine. Through scientific advancements in the study of genetic coding and molecular analysis, it is now possible to screen an individual for certain… more

Medical Supply Company Hit with Class Action TCPA Fax Lawsuit

A class action fax lawsuit has been filed against a medical supply company in the federal district court for the Southern District of Illinois. The plaintiff seeks to represent a nationwide class of persons and entities who received… more

Lawmakers Push FCC To Confront Cell Phone Cyber Threats

In a letter dated March 28, 2017, Senator Ron Wyden, D-Ore., and Representative Ted Lieu, D-Calif., urged the Federal Communications Commission (“FCC”) to address cybersecurity vulnerabilities in the cell phone industry, which the… more

South Florida — The Front Lines of Climate Change?

Two related items about climate change resilience and adaptation caught my eye this week. First, the American Academy of Actuaries issued a report on “The National Flood Insurance Program: Challenges and Solutions.” Those wild and… more

Socially Aware: The Social Media Law Update Volume 8, Issue 2

Welcome to the newest edition of Socially Aware, our Burton Awardwinning guide to the law and business of social media. In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies; we… more

The Supreme Court Addresses Legal Fee Calculations for Discovery Abuse

Charges of discovery abuse get thrown around frequently in product liability litigation. We have not done a scientific survey, but we guess that such charges are levied against the manufacturer defendants more often than against… more

Constructive Discharge

The concept of constructive discharge appears regularly in employment law cases and commentary, but we’ve found that it’s not always well understood. Because a constructive discharge can have all the consequences of a typical… more

Efforts to Revive American Health Care Act (AHCA) Stall Before Recess

Last week, prior to departing Washington, D.C. for a two week congressional recess, House Republicans and the Trump Administration worked to come to an agreement on the American Health Care Act (AHCA), legislation to repeal and replace… more

Arizona Legislature Approves Disability Lawsuits Bill

On Monday, Arizona state senators approved legislation that, if signed into law, will give businesses at least thirty days to cure violations of the Arizonans with Disabilities Act before they can be sued… more

No Use Crying Over Settled Claims?: Second Circuit Affirms Approval of Dairy Farmers’ Settlement

This week, the Second Circuit affirmed the approval of a $50 million agreement settling price-fixing claims brought by a class of farmers against a dairy cooperative and a dairy marketing company. The settlement in Allen et al. v… more

Food for Thought, part 1

In researching and updating our treatise, Exempt and Hybrid Securities Laws, we regularly review recent literature regarding capital markets developments. The principal underlying thesis of the treatise has been that exempt and hybrid… more

What Does the Cures Act Really Mean for Patients?

When signed by President Obama last December, the 21st Century Cures Act—which was the culmination of seven revisions written after the House of Representatives first introduced it in January 2015—was applauded by some as a huge step… more

Sealy of Minnesota to Pay $175,000 to Resolve EEOC Finding of Unlawful Racial Harassment

Senior Management Failed to Take Action on Complaints Involving Noose, KKK Hood, Racist Epithets and Jokes at Work, Federal Agency Charged - MINNEAPOLIS - Sealy of Minnesota has agreed to pay $175,000 to resolve a charge of racial… more

China's new cyber security law is only 6 weeks away

7 THINGS YOU NEED TO KNOW - Regulation of personal and business data and restrictions on your ability to transfer it out of China is set to become a reality on 1 June 2017 when the PRC Cybersecurity Law comes into force. Last… more

FINRA Solicits Comments on Rules Impacting Capital Formation and Proposed Changes to the Corporate Financing Rule

In what seems to be a bow to the Trump Administration, FINRA has issued Regulatory Notice 17-14 which broadly seeks comments on FINRA rules that impact capital formation… more

Forget Bigger Data – Personalized Medicine Needs Smarter Data to Reach its Full Potential

The advent of big data has helped enable the growth of personalized medicine. But if machine learning and analytics are to truly help transform health care, it won’t be through bigger data, but through harmonized, smarter data… more

An Overview of Ban the Box Laws in California

Individuals with criminal records unquestionably have a more difficult time obtaining gainful employment than individuals without criminal records. In fact, in a 2007 study, only approximately 40 percent of employers in four major… more

China updates special tax adjustment measures: new rules go into effect May 1

China's State Administration of Taxation (SAT) has released the Administrative Measures on Special Tax Investigation Adjustments and Mutual Agreement Procedures in the Public Notice [2017] No. 6 (Bulletin 6). Bulletin 6… more

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