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Renewable Energy Update - December 2016

Renewable Energy Focus - Renewables provided 15% of U.S. electricity in first three quarters - Solar Industry Magazine - Nov 30 - Renewable energy sources provided 15.1% of net U.S. electrical generation during the…more

Getting the Deal Through — Electricity Regulation 2017: Poland

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Government policy - The main objectives of government policy for the electricity market have been set out in the…more

Administrative barriers for the export of services removed

On 3 November 2016, the Verkhovna Rada of Ukraine adopted the Draft Law No. 4496 "On Introduction of Changes and Amendments to Certain Legislative Acts (Regarding Elimination of Administrative Barriers for Export of Services)" (Draft…more

If it’s broken, fix it! Trusts that no longer achieve their objective can be repaired

What with changing life circumstances and new tax laws, not to mention potential mistakes made when an estate plan was first drafted, the trusts used in the plan may now be “broken.” This article details why trusts break and techniques…more

OSHA Update: OSHA Issues Recommended Practices for Construction Safety and Health Programs

Following the October 18th release of its “Recommended Practices for Safety and Health Programs,” OSHA issued similar Recommended Practices for the construction industry on December 1, 2016. Unlike general industry, OSHA’s…more

Trump Transition Team Taps Transportation Secretary

President-Elect Donald Trump has announced his pick to head the Department of Transportation: Elaine L. Chao. Ms. Chao is clearly a veteran of Washington: as the Secretary of Labor under George W. Bush, and a deputy transportation…more

Government Contractor Defense May Apply to Commercially Available Products

The California Court of Appeal has confirmed that the “government contractor” defense may apply to products made available to both the federal government and commercial markets, even where the defendant did not design or produce the…more

DOL Requests Expedited Ruling on Appeal of Preliminary Injunction, But Appeal Will Not Be Decided Before Trump Administration Under Proposed Schedule

On December 2, one day after filing its appeal of the preliminary injunction blocking its new salary basis regulations, the DOL filed a request for expedited briefing and oral argument in the appeal. The DOL has requested that the…more

New Year, New Rules: What to Know About the January 2017 TTAB Rule Updates

After a lengthy proposal and commentary process, the Trademark Trial and Appeal Board ("TTAB" or the "Board") recently published its most significant Rules of Practice update in years (see 81 Fed. Reg. 69950), with the amended Rules…more

Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity

Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their ranks…more

BEPS: OECD Releases Multilateral Tax Treaty Convention

The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the “Convention”) was released by the Organisation for Economic Co-operation and Development (“OECD”) on November 24…more

IRS Phases in Section 871(m) Dividend Equivalent Withholding

On December 2, the U.S. Internal Revenue Service issued Notice 2016-76, which phases in the application of withholding on dividend equivalent payments under section 871(m). Under the notice, withholding applies only to delta-one…more

The District of Massachusetts Sheds Light on Halo’s New Standard for Willfulness and Enhanced Damages in Trustees of Boston University v. Everlight Electronics Co., Ltd.

Since the Supreme Court decision in Halo Electronics v. Pulse Electronics came down earlier this year (as previously discussed here), district courts across the country have been grappling with the high court’s new standard for…more

Having Election News Withdrawal?

Supreme Court Decides Case on Protected Political Activity in Public Employment - Some of us may have had enough of all things election by now. But the United States Supreme Court decided a case last April that broadens the…more

Mylan-Biocon Publish Positive Results for Proposed Trastuzumab Biosimilar

Earlier this year, we reported that Mylan and Biocon submitted an aBLA for MYL-1401O, a proposed biosimilar to Genentech’s Herceptin® (trastuzumab). Earlier this week, an article published in the Journal of the American Medical…more

2017 Increase to Daily Minimum Wage for Mexico

On December 1, 2016, the Mexican National Commission on Minimum Wages (Comisión Nacional de los Salarios Mínimos or CONASAMI) issued a resolution effecting an increase in the Daily General Minimum Wage (DGMW) applicable for Mexico in…more

Starting a New Bank

On November 29, 2016, the FDIC, as part of its Community Banking Initiative, held an outreach meeting in Atlanta. While the FDIC has indicated that it will publish a handbook regarding applications for deposit insurance in the coming…more

Make Sure Your Summary Judgment Pleadings Are Appeal Ready

Because summary judgment rulings are reviewed under a de novo standard, they are one of the most common types of orders overturned on appeal. Here are some suggestions for stacking the deck in your favor…more

President Applies Authority under CFIUS to Prohibit Acquisition of the U.S. Business of A German Technology Company by A Chinese-owned Entity

As we discussed in a recent alert, the Committee on Foreign Investment in the United States (CFIUS) refused to approve the proposed $710 million acquisition of Aixtron GE, a German-based technology company, by Grand Chip Investment…more

Cost-Sharing Subsidies Ruling Adds More Uncertainty to Affordable Care Act

Holland & Knight issued an alert in May 2016 regarding litigation by the U.S. House of Representatives against the Obama Administration and the decision of the U.S. District Court for the District of Columbia enjoining any further…more

“Waive” Your Undeveloped Arguments Goodbye

The case of Mid-S. Iron Workers Welfare Plan v. Harmon, 645 F. App’x 661 (10th Cir. 2016), teaches a valuable, if oft-repeated reminder: undeveloped arguments in the lower court may not be considered on appeal. Harmon involved a…more

EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each year,” and…more

India Implements Radical Reforms to Insolvency and Rehabilitation System

With a new Insolvency and Bankruptcy Code that has become effective on 1 December 2016, India seeks to expedite the process for creditors seeking payment or foreclosure through the courts. India is currently a tough place to be a…more

Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the West. The…more

Supreme Court Weighs Granting Cert on Bankruptcy Issues Involving Surcharge and Voting Rights of Assignee of Insider Claim

The Supreme Court is considering whether to grant review of two bankruptcy cases. On October 3, 2016, the Supreme Court invited the Solicitor General to file briefs expressing the views of the United States. Because the Supreme…more

Extradition Article - Conditional Requirement

Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that: - The crime must be considered an offense, be punishable in both countries and punishment must be…more

What Are Our Obligations With Regard to a Client’s File?

Recently, while catching up on my “pleasure” reading — the November issue of The Alabama Lawyer — during a lunch break, I came across an article from the Office of General Counsel regarding the “Retention, Storage, Ownership…more

Five Indicted for Alleged $33 Million Fraudulent Mortgage Discharge Scheme

On December 1, 2016, the United States Attorney’s Office for the Southern District of New York, the New York Field Division of the Federal Bureau of Investigation, and the Department of Housing and Urban Development (HUD) announced the…more

Whistleblowers on Campus: DOJ Adds Research Universities to its False Claims Act Focus

Federal funding is the grand prize for higher education research institutions. Each year, the federal government pumps hundreds of millions of dollars in research grants and awards into the university system. These funds are intended…more

New York Court of Appeals Finds 'Repeated, Deliberate Use' of Correspondent Account Sufficient to Establish Personal Jurisdiction Over Non-U.S. Bank

In a decision that has implications for non-U.S. financial institutions with correspondent accounts in New York, a closely divided New York Court of Appeals held on November 22, 2016, that the “[r]epeated, deliberate use [of a New York…more

The Strategic Risk Community Banks May Not Have Considered

Community banks that have not considered the potential for partnership with nonbank financial technology (fintech) companies, alone or in collaboration with other community banks, may not be accounting for the full range of strategic…more

SCC Rectification Decisions to be Released on Friday December 9

The Supreme Court of Canada’s decision in two rectification cases, AG (Canada) v. Fairmont Hotels Inc. (Docket #36606) and Jean Coutu Group (PJC) Inc. v. AG (Canada) (Docket #36505), will be released on Friday December 9, 2016 at 9:45…more

Maryland considers offshore wind applications

Maryland moves closer to offshore wind development, as the state Public Service Commission reviews two applications for offshore wind projects. The Maryland Offshore Energy Act of 2013 contains a number of provisions that would…more

Avoid the leadership vacuum

For any presidential campaign, there usually is an ad about which candidate would you trust to handle the phone call in the wee hours of the morning. You want someone to answer the call instead of it just going to voice mail…more

Sound Marks in China

A sound mark can be registered in China since May 1, 2014. According to a draft Standard of Examination issued by the Chinese Trademark Office, a sound mark can consist of a musical or non-musical sound, or a combination of both…more

California Court Upholds Environmental Impact Report for Golden State Warriors Arena - Ruling Finds That CEQA Doesn't Always Require Quantification of a Project's Greenhouse Gas Emissions

The California First District Court of Appeals issued its decision on Nov. 29, 2016, in Mission Bay Alliance v. Office of Community Investment and Infrastructure et al. The Court of Appeals decision affirmed the July 18, 2016, trial…more

For the Corporate Compliance Department – Communicate, Communicate, then Communicate

In many ways compliance is about communication. Your role as a Chief Compliance Officer (CCO) or compliance practitioner is to communicate expectations around compliance and responding to questions from the business unit on how to do…more

The Senior Managers Regime – is responsibility for a bank's legal function in or out?

On 7 March this year the FCA and PRA’s new Senior Managers Regime (SMR) came into force for banks following a lengthy and extensive consultation. During that consultation we had identified and written about the lack of clarity on the…more

Stopping The Sale of Gray-Market Medical Devices

On November 3, 2016, the US Court of Appeals for the Second Circuit approved an injunction against about 200 importers and sellers preventing them from importing and selling gray market blood-glucose test strips. The case was brought…more

How Trump’s Presidency Could Impact the Commercial Real Estate Market

Many economists believe that the Donald Trump presidency will bring with it an era of higher interest rates, inflationary policies, tax cuts and infrastructure spending. Such an environment would have mixed consequences for the US…more

Michigan State Data Breach and the Value of Preparedness

Michigan State University’s announcement earlier this month that hackers had gained access to a school database of about 400,000 records highlights why colleges and universities are such tempting targets for hackers and just how…more

Australian Border Force targeting shipments to Australia

Australia has recently introduced new requirements which require an importer to certify that their product does not contain asbestos. Australia is one of the few countries in the world that has an absolute ban on asbestos. While…more

Popular on JD Supra

A look at some of the most-read posts published during the last month on JD Supra…more

The New And Evolving Standard For Accommodating Pregnant Employees

When the U.S. Supreme Court issued a March 2015 decision creating a new standard for how employers should accommodate pregnant employees, retailers took notice. After all, approximately 50% of retail employees are female, and in some…more

Las Vegas hockey team revealed: The Golden Knights

A brief update on my post a few months ago about the new NHL team based in Las Vegas, scheduled to begin play in October 2017. As I discussed in my post, the team created some publicity by revealing only part of the team name a few…more

EEOC Issues Updated Guidance to Curb National Origin Discrimination

Whether you enjoyed (or not) the most recent Saturday Night Live skit where Alec Baldwin (as Trump) states he is “going to build that swamp,” the fact is that anti-immigrant rhetoric is on the rise following Trump’s promise to build a…more

FinTech companies: Chartering relief is here

So you are an online lender, a digital currency company or a payments company, and you want to conduct business throughout the United States. How do you get licensed? Easy. You establish a corporate entity, register with FinCEN…more

European Commission Reports on Feedback to the Call for Evidence on the EU Regulatory Framework for Financial Services

The European Commission published a Communication to the European Parliament, the Council of the European Union on the follow-up to its Call for Evidence on the EU regulatory framework for financial services. The European Commission…more

Personal Planning Strategies - December 2016

2017 Estate, Gift and GST Tax Update: What This Means for Your Current Will, Revocable Trust and Estate Plan - As we previously reported, the American Taxpayer Relief Act of 2012 (the "Act") made the following permanent: (1) the…more

Re-Register Takedown Agent or Lose Copyright Shield

If your website allows for posting of user-generated content and you filed an agent designation insulating you from copyright infringement claims, you may be about to lose that legal protection. All existing paper-filed agent…more

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline
Contributor Spotlight

Ropes & Gray is one of the most highly respected law firms in the world, with offices in key business and financial capitals in the United States, the United Kingdom and Asia. About 1,000 lawyers…

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