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Can I Trade the Station Wagon? The Acceptance-of-Benefits Doctrine

When can you accept benefits under a judgment while continuing to complain about it on appeal? Until recently, the answer has been “almost never.”…more

District Court Stays Class Action in Favor of Arbitration

In Zambrana v. Pressler & Pessler LLP, the Southern District Court of New York stayed a putative class action against various creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA), referring the matter to…more

What’s Yours is Mine and What’s Mine is For the Benefit of My Creditors: Bankruptcy Courts Remain Reluctant to Impose Constructive Trusts on Debtor Property

There is an inherent tension between the goals of bankruptcy law and the state law doctrine of constructive trust. A central tenet of bankruptcy policy is that similarly situated creditors should be treated equally: because an…more

NY Payroll Debit Card Regulation Declared Invalid

A New York regulation establishing conditions for the payment of wages by direct deposit or debit card scheduled to take effect on March 7, 2017, has been invalidated and revoked by the state's Industrial Board of Appeals (Board)…more

Revolution or Evolution – Protect & Survive

The annual Hogan Lovells CBRE Hotel Conference 2017 - The threat from terrorism will continue well into the next decade and every country and major organisation needs a counter-terrorism plan. This was the message from Richard…more

NIST Issues Practice Guide for Electric Utilities

On February 16, 2017, the National Cybersecurity Center of Excellence released its draft practice guide for electric utilities, entitled “Situational Awareness for Electric Utilities.”…more

Is This The Definitive Word on Termination Provisions/Consideration?

A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn’t, make a termination provision enforceable.  After a number of recent employer-friendly decisions, the Ontario Court of Appeal has…more

Mexico: Decree Amending Articles 107 and 123 of the Constitution of the United Mexican States Published

On February 24, 2017, Mexico's Official Gazette published the Decree issued by President Enrique Peña Nieto amending Articles 107 and 123 of the Constitution of the United Mexican States, which deal with labor proceedings and…more

The “Final Final” is Here: NYDFS Cybersecurity Regulations

As Hogan Lovells previously reported, the New York State Department of Financial Services (NYDFS) has launched a significant initiative to impose detailed cybersecurity requirements on covered financial institutions. On February 16…more

Yes, Harassment Issues Still Persist — Just Ask Uber’s Lady Engineers

I remember back in 2004 when AB 1825 passed, requiring all California businesses with over 50 employees to train all managers and supervisors on harassment prevention.  It was one of the first significant employment laws signed by…more

Bridging the Week - February 2017 #3

CFTC Postpones Swap Dealer Compliance Date for OTC Swaps Variation Margin Requirements; Other Regulators Likely to Exercise Forbearance: On February 13, the Commodity Futures Trading Commission’s Division of Swap Dealer and…more

INTERPOL Red Notice removal cases- a sample of results from 2016, part 3

As the year begins, and changes appear to be coming to both INTERPOL and the CCF,* Red Notice Law Journal reviews some highlights from the CCF’s activity in 2016: Third case study: a comparison of the CCF’s treatment of Russian…more

Trump Administration Takes First Steps to Support Exchanges, but Key Questions Remain

In an effort to stabilize the Exchanges and encourage issuer participation, the Centers for Medicare & Medicaid Services (CMS) recently extended the federal Exchange application and rate filing deadlines and published a proposed rule…more

Why Some Delaware Corporations May Be Concerned With California’s Supermajority Vote Requirements

Section 710(b) of the California Corporations Code defines a “supermajority vote” as a requirement set forth in a corporation’s articles of incorporation (or certificate of determination) that specified actions be approved by a larger…more

Key Money and Exclusivity Arrangements—What You Need to Know

Key Money Overview - The payment of key money (KM) by hotel operating companies is an increasingly regular aspect of securing hotel management agreements, particularly in the luxury hotel sector. In the typical transaction, a…more

New Los Angeles Regulations Provide Clarity on Ban-the-Box Directives

The Los Angeles Department of Public Works Bureau of Contract Administration published Rules and Regulations (“Regulations”) to assist employers in Los Angeles—including city contractors and subcontractors—with implementing the Los…more

California Environmental Law & Policy Update - February 2017 #4

Environmental and Policy Focus - Governor Brown wants to spend nearly $450 million on flood control following dam emergency - Sacramento Bee - Feb 24 - After successfully appealing to the Trump administration to…more

Jersey Boys: The Curtain Call For Two Copyright Claims

Last month, the Broadway hit-musical Jersey Boys closed its doors after a spectacular eleven-year run. As someone who hails from the great state of New Jersey and who saw the show twice, I thought it was only appropriate to give…more

Explanation of J. Crew “back-door” provision and proposal for how lenders might address this in their documentation.

Recently, J. Crew used a “back-door” provision in its credit facility to transfer approximately $250 million worth of intellectual property (“IP”) to an unrestricted subsidiary with the aim of borrowing against the transferred assets…more

Here Come the States… In the Trump Era, the States May Be the New Top Securities Cops

There is an old saying: “the more things change, the more they stay the same.”  It seems every few years (usually, the result of a political shift) we see the states become more involved in securities enforcement.  Our current time is…more

In Case You Missed It: Launch Links - February, 2017 #3

Some interesting links we found across the web this week: Board of Advisors - Free advice from industry leaders? Tackling difficult problems with experienced executives? WilmerHale Partner Josh Fox explores why and when a…more

Mylan, Apotex, Coherus, and Adello File Amicus Briefs in Sandoz v. Amgen

As we covered in previous posts, the Supreme Court will hear arguments regarding the Federal Circuit’s interpretation of the BPCIA’s notice of commercial marketing requirement and patent dance provisions in April 2017. Several amicus…more

Supreme Court Nominee Neil Gorsuch Has Significant Antitrust Experience

On January 31, 2017, President Trump nominated Neil Gorsuch to fill the vacant seat at the Supreme Court of the United States left by the late Justice Antonin Scalia. As a federal judge for the US Court of Appeals for the Tenth…more

How to Avoid ADA Claims as Service Animals Increase in Popularity

As retailers see an increasing number of customers seeking to bring animals into their stores, they should ensure that they have well-defined policies and train their employees concerning compliance with the ADA’s provisions regarding…more

*UPDATE* New York State Department of Labor’s Direct Deposit and Debit Card Notice Regulations Held Invalid and Revoked

As we previously reported here, the New York State Department of Labor (“NYSDOL”) issued final regulations in September 2016 imposing new notice and consent requirements on employers who pay wages via direct deposit and debit card…more

Fitbit, Inc. v. AliphCom (N.D. Cal. 2017)

Software Patent Directed to Pairing Activity Trackers to a Device Considered Patent-Eligible - In the U.S. District Court for the Northern District of California (San Jose Division), Fitbit, Inc., sued Aliphcom (d/b/a Jawbone) for…more

North Carolina Legislative Update - February, 2017 #4

Public School Funding (HB6) - The House passed HB6 this week which will create a task force to study and recommend changes to the State's school funding formula. Two amendments to increase diversity of the task force failed on…more

Department of Homeland Security Issues Two Memos Regarding Implementation of Two Recent Executive Orders on Immigration Enforcement

On February 20, 2017, the U.S. Department of Homeland Security (“DHS”) issued a pair of memos outlining how DHS will implement the President’s two recent executive orders concerning immigration enforcement. The DHS memos rescind…more

Gov. Haslam Expands His IMPROVE Act

Gov. Haslam expanded his IMPROVE Act this week. He amended the act to allow local referendums on surcharges to existing local taxes as a means to pay for public transit projects. The new surcharge options apply to local property tax…more

Data Breaches Will Cost Yahoo and Verizon Long After Sale

Five Things You (and Your M&A Diligence Team) Should Know - Recently it was announced that Verizon would pay $350 million less than it had been prepared to pay previously for Yahoo as a result of data breaches that affected over…more

Jason R. Baron of Drinker Biddle & Reath LLP, Part 2: eDiscovery Trends

This is the fifth of the 2017 Legaltech New York (LTNY) Thought Leader Interview series.  eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at the show and…more

Health Savings Accounts Considerations for Employers

The health savings account (“HSA”) has become, since its creation in 2003, an increasingly popular option for employers to subsidize employee group health costs. Employees with HSAs can save money, on a tax-free basis, for medical…more

The Supreme Court Chooses Quantity over Quality – Supplying a Single Component of a Multicomponent Invention Does Not Constitute an Infringing Act

On February 22, 2017, the U.S. Supreme Court addressed the issue of whether the supply of a single component of a multicomponent invention qualifies as an infringing act under 35 USC §271(f)(1) of the U.S. Patent Act. In its decision…more

What Do The SEC and Robo-Advisors Have In Common

The SEC recently issued regulatory guidance for robo-advisors. This guidance focuses on what robo-advisors must do to meet their disclosure obligations. Among other things, the SEC has recommended robust disclosures in the…more

Georgia Weekly Legislative Update February 2017 #2

The General Assembly will enter one of the session's most turbulent weeks next week as it continues to hurtle towards Crossover Day on March 3rd. Crossover day marks the final opportunity for all legislation—except the budget—to…more

Supporting Gender Diversity in the Legal Profession: Carly Alameda’s WISE Perspective

I want to see this group of women on the cutting edge of the evolving legal marketplace, coming up with new ideas and models for how law firms deliver better value to in-house counsel…more

Meritas Capability Webinar - The Peace Process in Colombia

The webinar will discuss (i) a historical antecedents that led to the peace process, (ii) the FARC peace negotiations, (iii) highlights of the issues addressed in the FARC PEACE AGREEMENT, (iv) the ELN peace process, and (v)…more

Federal Trade Commission Delivers Cross-Device Tracking Report Recommendations

The U.S. Federal Trade Commission’s (FTC) office recently published the Cross-Device Tracking: An FTC Staff Report. It provides an interesting look behind the curtains of the current operations in cross-device data tracking and…more

[Video]Meritas Capability Webinar - The Peace Process in Colombia

The webinar will discuss (i) a historical antecedents that led to the peace process, (ii) the FARC peace negotiations, (iii) highlights of the issues addressed in the FARC PEACE AGREEMENT, (iv) the ELN peace process, and (v)…more

EEOC News in 2017

EEOC Wellness Program Notice Requirements for 2017 - If you are not doing so already, be aware that as of January 1, 2017, employers offering voluntary wellness programs must provide employees a notice in accordance with final…more

Agree to use your “professional best” ? You may lose insurance coverage! (law note)

Yesterday, I was part of a panel at the NC Bar Association Construction Law Winter Meeting, discussing insurance issues for design professionals…more

Disclose Experts on time or Risk a Summary Judgment

Woodland Hills personal injury lawyer has been monitoring an ongoing dispute in the California courts concerning the opposition to summary judgment motions. The dispute involves the disclosure of expert witnesses for trial and…more

Pharmaceutical Care Management Association, National Association of Chain Drug Stores, and Healthcare Supply Chain Association file Amicus Brief in Sandoz v. Amgen

As we have previously reported, in April the Supreme Court will hear arguments regarding the Federal Circuit’s interpretation of the BPCIA’s notice of commercial marketing requirement and patent dance provisions. As we reported last…more

Mental Impairment as a Defense to Civil Penalties

There are severe penalties under the Internal Revenue Code (IRC) and Bank Secrecy Act (BSA) for willful failure to file Information Returns. Examples of Information Return are Report of Foreign Bank Account (FBAR) required under the…more

Report a Canadian Tax Evader and Make Money?

Yes, it's possible. Canada has had a tax whistleblower program for four years, the Offshore Tax Informant Program (OTIP). The OTIP pays individuals who qualify for the program and provide information to the Canada Revenue Agency (CRA)…more

Singapore Eases Regulatory Regime for VC Funds to Promote Financing for Start-Ups

The Monetary Authority of Singapore has proposed a simplification of the authorisation process and regulatory framework for venture capital managers—with the goal of supporting start-ups…more

CMS Releases Proposed Rule for ACA Market Stabilization

On February 15, 2017, the Centers for Medicare & Medicaid Services (“CMS”), at the direction of the Trump administration, released a long-expected proposed rule (“Market Stabilization Proposed Rule”)designed to help stabilize the…more

Nomination of Neil Gorsuch to the Supreme Court

On January 31, President Trump nominated Judge Neil Gorsuch, a 49-year-old federal appeals court judge on the Tenth Circuit in Denver, as his choice to fill the Supreme Court seat of the late-Antonin Scalia. The position, which opened…more

MTC Proposed Apportionment Regulations Pass By Special Vote: Here’s What You Should Know

Today, the Multistate Tax Commission (“MTC”) held a special meeting where the whole Commission (a group of member states) voted to approve model apportionment regulations, including provisions concerning market sourcing. Since…more

Continuation of ZTE General License Until March 29, 2017

On February 24, 2017, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) published a rule extending for the fourth time the temporary general license for exports, reexports (shipments from one foreign country to…more

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