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Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

SB 496 – New California Law Affecting Indemnification Duties for Design Professionals

SB 496, approved by Governor Jerry Brown on April 28, 2017, amends California Civil Code Section 2782.8 to apply to all design service contracts entered into by design professionals on or after January 1, 2018. The amendment...more

OCC Publishes New “Retail Lending” Booklet

by Ballard Spahr LLP on

Last week the Office of the Comptroller of the Currency published a “Retail Lending” booklet, a new addition to the Safety and Soundness Asset Quality category of the Comptroller’s Handbook, which discusses the risks...more

CFPB Monthly Report Highlights Consumer Complaint Increases in Mortgage and Credit Card Products

The CFPB issued its monthly report on consumer complaints this week. The report is a high level snapshot of trends in consumer complaints. The Report provides a summary of the volume of complaints by product category, by...more

VIE Validity Still Unsure - It may be premature to conclude that the decision of China’s Supreme People’s Court in last year’s...

A 2016 judgment (the “Judgment”) made by the Supreme People’s Court of China (the “Supreme Court”) was believed by some scholars and practitioners to confirm judicial recognition of the VIE structure. We believe the Supreme...more

Georgia Weekly Legislative Update - March 2017 #2

by Dentons on

The General Assembly listed through a brief period of calm last week, a resetting of sorts after the drama of Crossover Day. Most of the legislation that advanced, either in committee or on the floor, did so on broad...more

North Carolina Legislative Update - March, 2017 #2

by Brooks Pierce on

This week the pace quickens within the House and Senate policy committees while the Appropriations committees received presentations on Governor Cooper's proposed budget recommendations. Regulatory Reform (HB131) -...more

Minnesota Weekly Legislative Update: Legislation Continues to Move as First Committee Deadline Nears

by Faegre Baker Daniels on

Today marks the first committee deadline in the legislative session. By midnight tonight, bills must be approved by policy committees in the House or the Senate. Next Friday is the second committee deadline, by which all...more

Court Upholds Dismissal of Employee Based on Refusal to Submit to Reasonable Suspicion Drug Test

by Jackson Lewis P.C. on

The highest court in West Virginia recently affirmed the dismissal of a lawsuit in which an employee challenged the decision to terminate her employment after she refused to submit to a reasonable suspicion drug test. Layne...more

Utah employee had no constitutional right to continued employment

by Kirton McConkie PC on

Public employees who have a right to continued employ­ment enjoy constitutional due-process protections that run-of-the-mill at-will employees do not. How can a public employer know if one of its employees enjoys...more

Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

by Bowditch & Dewey on

On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed...more

PTAB Finds Sovereign Immunity Applies to IPRs for State Universities

by Winstead PC on

The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation...more

Liquidated Damages: A Tool for Teacher Retention?

by Ruder Ware on

A common struggle for school districts across Wisconsin is how to attract and retain quality teachers and administrative staff. In a post-Act 10 world where districts are free to recruit the best and the brightest from their...more

Know Where Your Student Data is Going!

by Franczek Radelet P.C. on

As we move into the second half of the school year, we want to remind districts and charter schools of the importance of securing and protecting student data. Educators use and share student data in dynamic ways that improve...more

Student Loans: Departments of Treasury and Education Move to Simplify Income Driven Repayment Plans

Much of the regulatory focus for student lending has been directed toward Income Driven Repayment (IDR) plans in recent months. The first student loan related move in 2017 by the Departments of Education and Treasury is no...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

We learned about Navient and its allegedly trouble-filled student-loan servicing practices yesterday. Turns out the issues are not only long-standing, but they bear similarities to the mortgage-lending issues that were at...more

Higher Education Institutions are Beginning to Get an Education in the FCPA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: No differently than companies doing business overseas—especially in high-risk markets—American colleges and universities who do business overseas face real risks of violating the Foreign Corrupt Practices...more

[Webinar] The Elimination of Pre-Dispute Arbitration Clauses and the New Repayment Rates for Proprietary Schools - Dec. 8th,12pm...

by Thompson Coburn LLP on

The fourth webinar in our "Decoding the FINAL Borrower Defense Rule" series will examine the ban on pre-dispute arbitration agreements and class action waivers. We’ll discuss the impact of these rules on past and future...more

Corruption Risk in Pharma and Medical Device Markets [Video]

At the 17th Annual Pharmaceutical and Medical Device Compliance Congress (October 2016, Washington DC), Paul Hastings Partner Gary Giampetruzzi and I exchange perspectives on a panel titled "Behind the Bribe: Multiple Real...more

Potential split emerges regarding the proper interpretation of the Supreme Court’s decision in Escobar

by Dentons on

As we previously reported, the Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), appears clear in its holdings that: (1) implied certification may support...more

Saudia Arabia’s new finance minister faces questions over implementing Vision 2030 in education sector

by King & Spalding on

Saudi Arabia last week appointed Mohammed al-Jadaan as the country’s new finance minister. Al-Jadaan has reinforced his commitment to the country’s Vision 2030 initiative, which was revealed earlier this year to serve as a...more

Dept. of Ed. Bans Pre-Dispute Arbitration Agreements by Title IV Schools

by Ballard Spahr LLP on

The U.S. Department of Education has issued a final rule that broadly addresses the ability of a student to assert a school's misconduct as a defense to repayment of a federal student loan. The final rule includes a ban on...more

Corporate Corruption, Culture and Compliance (Part II) [Video]

In part II of my interview on CCTV America, The Heat (October 25th), I respond to questions about the hazards which can occur when compliance leaders lose their “line of sight” into the business. I also share my...more

Corporate Corruption, Culture and Compliance (Part I) [Video]

On October 25th, I appeared on CCTV America, The Heat, where I took a deep dive into the issue of corporate corruption in the United States. My co-panelists were Marc Hodak, who counsels corporations as the Founder of...more

New California Laws for Financial Institutions

As the California legislative session wound down, Governor Jerry Brown signed multiple bills into law that will impact financial institutions. What happened - Financial institutions in California should prepare...more

California Enacts New Licensing Requirements for Student Loan Servicers

by Ballard Spahr LLP on

Student loan servicers located in California servicing loans made to residents of any state and those located elsewhere servicing loans made to California residents will be subject to a new licensing requirement created by...more

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