Latest Updates

Employers Should Review USCIS Fillable Forms I-9 Completed Between November 14 and November 17, 2016 for Social Security Number Glitch

Any employer who used the revised fillable Form I-9, Employment Eligibility Verification, downloaded from the USCIS website between November 14 and November 17, 2016 should review those forms to ensure that their employees’ Social… more

Reminder: Supreme Court Arguments on April 26th in Amgen v. Sandoz

As a reminder to our readers, tomorrow the Supreme Court will hear oral arguments in Amgen v. Sandoz regarding the following questions: ..Whether a biosimilar applicant is required by 42 U.S.C. § 262(l)(2)(A) to provide the… more

Tax Lien Takes Priority Over Earlier Interest Where Deed is Improperly Executed

In the recent case of The Bank of NY Mellon v. Ashley, et al., 119 AFTR 2d 2017-1207 (D.C. Md. 2017), the U.S. District Court for the District of Maryland held that, where taxpayer-husband alone executed a deed of trust in favor of a… more

Considering a Retail Merger?

The UK Competition and Markets Authority (“CMA”) has published new commentary to inform companies on how it assess retail mergers. The commentary should be read by any retailer considering merging with a competitor in the UK… more

How Effective Is Your Compliance Program? New OIG and DOJ Guidance for Measuring the Effectiveness of Your Corporate Compliance Program

Compliance programs are an important tool for health care providers. Compliance programs help to prevent fraud, waste and abuse, create a mechanism for catching problems early, and effective compliance programs can also provide the… more

Heather MacDougall Re-Nominated as Chair of the Occupational Safety and Health Review Commission

Seyfarth Synopsis: In a move that may be employer-friendly, President Trump has re-nominated Heather MacDougall to the OSHRC. MacDougall represents a Republican vote on cases appealed before the Commission… more

Understanding Disinheritance: The Structure of an Ohio Post Mortem Dispute

Great wealth, in the trillions of dollars, will be transferred from one generation to the next as our population ages. While most estates proceed as intended, there will always be greed and dysfunction among a small percentage of… more

Illinois UP Bill Would Retroactively Require Reporting of Gift Cards and B2B Transactions

Earlier this year, an unclaimed property rewrite bill (HB 2603) was introduced in the Illinois House that would require holders to retroactively report a number of property types currently exempt. The provision would require a… more

HIPAA Refresher for Workplace Wellness Programs

Now more than ever, workplace wellness programs are becoming increasingly popular among employers. A common concern many employers have is how to design a meaningful workplace program intended to improve the health of participating… more

M&A Leaders Survey Results

2017 will be an even busier year than 2016 and 2015 for M&A deals in the technology sector, according to more than half of the dealmakers who responded to the semi-annual M&A Leaders Survey conducted by our colleagues at Morrison &… more

The MSHA Quarterly Stakeholder Conference: Workplace Examination Rule and Working Alone Initiative

The Mine Safety and Health Administration (MSHA) held its quarterly stakeholder teleconference on April 25, 2017. The call served three purposes: (1) It provided an update to the timeline of the agency’s final Examinations of Working… more

Health Care Group News: OCR Published Three HIPAA Settlements in Two Weeks, Signaling a Ramp Up of HIPAA Enforcement Activity

Providers Beware: OCR Published Three HIPAA Settlements in Two Weeks, Signaling a Ramp Up of HIPAA Enforcement Activity: Make sure risk assessments, business associate agreements and policies & procedures are in place and up to… more

Medicare Advantage 2018 Rate Announcement

The Centers for Medicare and Medicaid Services (CMS) announced its 2018 Medicare Advantage (MA) capitation rates, with an expected increase of .45 percent, slightly higher than proposed in the advance notice. CMS estimates that MA… more

Shutdown Landscape

The federal government is poised to shutdown at midnight on April 28 unless Congress can pass a funding bill and send it to President Trump for his signature. With this deadline looming, Republicans and Democrats on the House and… more

Not a Trade Secret

In U.S. v Jennifer Salgado & Jenny’s Tax Service, (No. 1:16-CV-03186-SMJ, Mar. 24, 2017) the U.S. District Court for the Eastern District of Washington (the “Court”) held that a taxpayer’s client list and client identifying data were… more

Does Your Company Need an Affirmative Action Plan?

Executive Order (EO) 11246 prohibits federal contractors and subcontractors from discriminating against employees and applicants on the basis of race, color, religion, sex, sexual orientation, sexual identity, or national origin. To… more

The Supreme Court - April 26, 2017

Lewis v. Clarke, No. 15-1500: Petitioners Brian and Michelle Lewis were involved in an automobile accident with a limousine transporting patrons of the Mohegan Sun Casino, a casino operated by the Mohegan Tribal Gaming Authority, an… more

Hail, Hail Freedonia: Frequently Asked Questions About SEC Registration on Schedule B by Foreign Governments

Non-US sovereigns can take advantage of a streamlined registration process to obtain financing in the US capital markets. Key Points: ..SEC registration offers certain advantages that non-US sovereign issuers (foreign… more

Manatt on Health Reform: Weekly Highlights - April 2017 #4

The ACA reduced uninsurance among veterans by 40%; Marketplaces showed signs of stabilizing in 2016; and some states are giving insurers more time to make decisions about offering coverage on the Marketplace next year in light of the… more

Saudi Arabia PPP Update – Vision 2030 and the National Transformation Programme, Malaysian Economic Cooperation, and the New Saudi PPP Unit

King Salman Abdulaziz Al-Saud’s recently concluded 31-day trip to Asia saw Saudi Arabia and Malaysia sign a series of four memoranda of understanding (MOUs) relating to economic cooperation, trade, investment and human resources at a… more

House Financial Services Committee Plans Major Changes to Consumer Financial Protection Bureau

One of the cornerstones of the Republican platform during the 2016 elections was to undertake a major overhaul of the Dodd-Frank Act, the landmark Obama-era law that spurred over 22,000 pages of new regulations and established the… more

Former CEO Granted Right To Inspect Books And Records Of Company After Demonstrating At Trial A "Credible Basis" To Infer Potential Wrongdoing By Board Chairman

On April 17, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery ruled, in a post-trial decision, that defendant Cypress Semiconductor Corporation (“Cypress”) must allow plaintiff and former Cypress CEO, T.J. Rodgers… more

WH: Trump Pushing for 15% Corporate Tax Rate and Repeal 3.8% NIIT

The White House announced today that reducing the corporate income tax rate to 15% and repealing the 3.8 % net investment income tax are top priorities for tax reform. The 3.8% NIIT was implemented as part of ACA/Obamacare and apply… more

Could Daubert be Dying in Florida?

On February 16, 2017, the Florida Supreme Court issued an opinion in In Re: Amendments to the Florida Evidence Code, No. SC16-181, in which the court declined to adopt the Daubert standard, on procedural grounds, for admissibility of… more

Trump Administration’s April 18, 2017, Executive Order on the H-1B Process

On Tuesday, April 18, 2017, the Trump Administration signed another Executive Order (“EO”) titled, “Buy American and Hire American,” which includes the following small proviso on the current H-1B visa program..… more

State of the Cyber Nation: UK Government Report on Cybersecurity Breaches

On 19 April 2017, the UK Government’s Department for Culture, Media and Sport (DCMS) published a report on cybersecurity breaches and how they affected UK companies in the last year. Headline statistics from the report include..… more

Thawing the ICE: Using Internal Audits to Reduce Form I-9 Exposure

As the 100-day mark of President Trump’s tenure approaches, it’s clear that the new administration intends to take a tough, aggressive approach to immigration enforcement – and employers are sure to feel the heat. The President has… more

Buying Assets? Have You Considered This Secretary’s Certificate?

California Corporations Code Section 1001 requires approval by the outstanding shares (Corp. Code § 152) of the principal terms of a sale of all or substantially all of a corporation’s assets (unless the transaction is in the usual and… more

To Tax or Not to Tax Internet Retailers, that is the Question

Since the dawn of the age of e-commerce, brick-and-mortar retailers have championed “the level playing field”. Their battle cry: Internet retailers should be subject to sales tax just like us!… more

Saudi Arabia Update - April 2017

Legal developments - Required amendments to Saudi-incorporated companies’ articles of association - After a one-year grace period, companies established in Saudi Arabia are now required to amend their articles of association… more

Florida Lawmakers Seek to Bring Virtual Currency into the Fold

On Monday, the state of Florida moved a step closer towards amending its money laundering statute to include the nefarious use of bitcoin and other virtual currencies. The bill, H.B. 1379, has sailed through a committee vote and will… more

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Fraud Class Action

House Passes Fairness in Class Action Litigation Act of 2017 H.R.985 — 115th Congress - In March 2017, the House passed the Fairness in Class Action Litigation Act of 2017 by a vote of 220-201… more

SDNY District Court Upholds Rejection of Mineral Gathering Agreements

The U.S. District Court for the Southern District of New York, in the case of HPIP Gonzalez Holding, LLC v. Sabine Oil & Gas Corp. (In re Sabine Oil & Gas Corp.), recently affirmed three decisions of the U.S. Bankruptcy Court for the… more

Can You Hear Me Now?: Holocaust Expropriated Art Recovery (HEAR) Act

On December 16, 2016, President Obama signed the HEAR Act into law, establishing a uniform statute of limitations to govern claims seeking recovery of Nazi-confiscated art… more

Healthcare Advisory: HHS Announces First Settlement with a Wireless Health Services Provider

On April 24, 2017, the Department of Health and Human Services, Office of Civil Rights (“OCR”), announced its first settlement with a wireless health services provider, CardioNet, Inc., for alleged violations of the Health Insurance… more

Benefits for Veteran Owned Businesses

Congratulations, you’ve finally done it! You got the sweet freedom that comes from getting your DD-214 and decided to started your own business. Now what? How do you put the years of service you dedicated to the military to work for… more

Full Steam Ahead: IRS Moves Forward to Collect Affordable Care Act Penalties

As efforts to reform the Affordable Care Act (the “ACA”) stall in Congress, a recent government report suggests that the Internal Revenue Service is preparing to identify and collect employer shared responsibility penalties… more

An overview of the OECD's Phase 4 Report on the UK's implementation of the Anti-Bribery Convention

“The UK has made significant improvements to its ability to detect foreign bribery, but could still do more by reforming out-of-date legislation and better utilizing existing resources.” On 23 March 2017, the Organisation for… more

Third Circuit Allows Medical Resident to Sue Private Teaching Hospital Under Title IX

On March 7, 2017, the Third Circuit Court of Appeals held that a former medical resident could pursue a sex-discrimination claim against a private teaching hospital under Title IX of the Education Amendments of 1972. The decision… more

Kansas City Cabinetmaker to Pay $60,000 to Settle EEOC Race Discrimination Suit - Profile Cabinet and Design Fired Black Workers Because of Their Race, Federal Agency Said

Profile Cabinet and Design Fired Black Workers Because of Their Race, Federal Agency Said - ST. LOUIS - Profile Cabinet and Design, a Kansas City, Mo., custom cabinetmaker, will pay $60,000 and furnish other relief to settle a… more

Federal Circuit to PTAB: No Short Cuts Allowed

Today, the Federal Circuit, vacated-in-part and remanded the Patent Trial and Appeal Board’s obviousness determination regarding a Securus Technologies patent directed to systems and methods for reviewing conversation data for certain… more

Dealing with Violations in Export and Import Transactions

You are the general counsel or CEO of your company. Your compliance manager comes into your office and tells you that he/she may have discovered an export violation within the company. Or perhaps you have received a directed disclosure… more

FCC Outlines Additional Steps for Incumbent Licensees in the 3.5 GHz Band to Establish Grandfathered Protection Zones

As we have explained in prior advisories, the FCC is implementing its plans to make available 150 MHz of shared spectrum in the 3.5 GHz band (3550-3700 MHz) under a new service known as the Citizens Broadband Radio Service (“CBRS”)… more

Selecting an Advisory Board – Do’s & Don’ts

Beginning as a part-time college job walking friends’ dogs, Cary Barker’s full time business now employs over 30 college students to walk neighborhood dogs and to deliver them for daily activities to and from his Barkingham Palace… more

Trump Administration Launches Probe of Steel Imports Under Trade Expansion Act

Invoking statutory authority not used in almost two decades, President Trump on April 20, 2017, directed the U.S. Department of Commerce (DOC) to conduct an investigation into the effects of steel imports on U.S. national security… more

Immigration Update: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B Options If You Don't Win the H-1B Lottery

This month: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B options if you don't win the H-1B lottery. In the midst of the mad flurry of H-1B cap filings, United States Citizenship and… more

Colorado Proposes New Cybersecurity Rules For Financial Advisers

Earlier this month, the Colorado Division of Securities released a set of proposed changes to the Colorado securities laws that would, if adopted, impose strict cybersecurity requirements on investment advisers and broker-dealers, and… more

California’s Supreme Court Holds Arbitration Clauses Cannot Waive Public Injunctive Relief

In what will likely result in a certiorari petition, the Supreme Court of California unanimously ruled that consumers cannot contractually waive their right to pursue public injunctive relief through a pre-dispute arbitration clause… more

OIG Publishes Compliance Program Effectiveness Guide

On March 27, 2017, the HHS Office of Inspector General (OIG) issued a document entitled “Measuring Compliance Program Effectiveness: A Resource Guide.” Published in conjunction with the Health Care Compliance Association (HCCA), the… more

Rules of the Drone. The New FAA Drone Rules For Your Construction Site

About ten years ago, I visited a college friend in Simi Valley, California. He graduated Purdue with an Aeronautical Engineering degree and had left Indiana to work for a company developing unmanned aircraft for the military. He… more

Readers' Choice 2017
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Contributor Spotlight

Over the past twenty-five years, Cohen Seglias has grown from a three-attorney construction practice to a Firm of fifty-five attorneys serving more than one thousand clients annually. With offices…

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