Akerman LLP

An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow…more

Anti-Retaliation Provisions, Hiring & Firing, Popular, Protected Activity, Retaliation

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Florida Legislature 2013 Pre-Session Report

The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in…more

Affordable Care Act, Citizens Property Insurance Corporation, Corporate Taxes, Healthcare, Medicaid

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U.S. Announces Goods and Services Eligible for Import

On February 13, 2015, the U.S. State Department issued new regulations regarding goods and services eligible for export from Cuba to the United States. The new regulations open a new chapter in U.S.–Cuba trade relations that…more

Amended Regulation, CACR, Cuba, Department of State, Economic Development

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SEC Adopts Final Rules Requiring Pay Ratio Disclosure

On August 5, 2015, the Securities and Exchange Commission adopted final rules mandating pay ratio disclosures pursuant to Section 953(b)(1) of the Dodd Frank Wall Street Reform and Consumer Protection Act. The rules add a new…more

Annual Reports, Disclosure Requirements, Dodd-Frank, Executive Compensation, Filing Deadlines

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Illinois Restrictive Covenants: The “Gray” Bright Line Regarding Sufficient Consideration

Illinois non-compete law continues to wend a circuitous path through the employment landscape, making it occasionally difficult for employers and employees alike to predict outcomes in these cases…more

Consideration, Employer Liability Issues, Former Employee, Non-Compete Agreements, Restrictive Covenants

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Limiting an Employee’s Hours to Avoid Offering Group Health Plan Coverage Under the Affordable Care Act: Evaluating the Risks Over Time

Business leaders and human resources and employee benefits professionals are well aware of potential minefields for employer group health plan sponsors under the Affordable Care Act (ACA). Large employer plan sponsors are…more

Affordable Care Act, Best Practices, Employee Benefits, Employees, Employer Group Health Plans

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Recent Trends in DOJ Investigations Against Major Financial Institutions Involving U.S. Economic Sanctions

With the imposition of billion-dollar fines against large financial institutions, the U.S. Department of Justice ("DOJ") is focusing on banks for not only failing to comply with federal laws, but also for willfully violating…more

Banking Sector, Banks, Corporate Counsel, Corporate Criminal Fines, DOJ

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M&A Brokers for Private Companies Need Not Register with the SEC

The staff of the SEC recently issued a no-action letter permitting an "M&A Broker" to advise on and be compensated in connection with the purchase and sale of a privately held company without registering as a broker-dealer under…more

Brokers, M&A Brokers, Privately Held Corporations, Registration, SEC

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OSHA Announces Whistleblower Protections Under The Affordable Care Act

The Affordable Care Act (ACA)'s whistleblower provisions may present a hazard for unsuspecting employers. On February 27, 2013, the Department of Labor's Occupational Safety and Health Administration (OSHA) released an interim…more

Adverse Employment Action, Affordable Care Act, FLSA, Healthcare, OSHA

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FinCEN Issues Aggressive Regulatory Order Against Electronics Companies in Miami

For the second consecutive year, the Financial Crimes Enforcement Network ("FinCEN"), of the U.S. Department of Treasury, issued a Geographic Targeting Order ("GTO"), to deter the laundering of drug money through an underground…more

Black Market, Cartels, Drug Trafficking, FinCEN, Geographic Targeting Order

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Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President…more

Anti-Corruption, Compliance, FCPA, Foreign Jurisdictions, White Collar Crimes

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President Obama Outlines Executive Action on Immigration

President Obama has ambitiously announced several executive actions that have the potential to impact undocumented immigrants, as well as employers, foreign national workers, and their spouses. While these efforts are focused on…more

Barack Obama, DACA, Deportation, DHS, Executive Orders

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Employee's Dishonesty About Facebook Posts Supports Defense To Retaliation Claim

A recent opinion out of the 10th Circuit Court of Appeals demonstrates the important role social media plays in labor and employment lawsuits. In Debord v. Mercy Health System of Kansas, Inc., a Kansas hospital was found not to…more

Affirmative Action, Facebook, False Statements, Retaliation, Sexual Harassment

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Approval of $1.375 million in EPA Fines Highlights Importance of Commercial Property Owners Complying with Environmental Reporting Obligations

On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of the…more

Clean Air Act, Clean Water Act, EPA, EPCRA, Fines

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NY State Estate Tax of Nonresident's LLC Determined by Entity Classification

The New York State Department of Taxation and Finance (the department) recently opined that a membership interest in a single-member LLC (SMLLC) owning a New York condominium is real property subject to New York State "estate…more

Estate Tax, Limited Liability Companies, Membership Interest, Property Ownership

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Florida’s New LLC Act from the Lender’s Perspective

Last year, Florida Governor Rick Scott signed the Florida Revised Limited Liability Company Act (the New Act) into law. The New Act, which is codified in new Chapter 605 of the Florida Statutes, is a complete rewrite of the…more

Corporate Management, Creditors' Rights, Lenders, Limited Liability Companies, LLC

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The NLRB Expands Its Reach in the Non-Union Workplace

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of…more

Arbitration, Code of Conduct, Confidential Information, Conflicts of Interest, Employment Policies

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New ACA Rules Could Require Broader Provider Networks

"If you like your doctor, you can keep your doctor." President Obama repeated this assurance to the American public numerous times, and the statement was prominently featured on the White House web site prior to and after…more

Affordable Care Act, CMS, Healthcare, Healthcare Reform, HMOs

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State Law Claims Suffer “Awfully Big Adventure”: New York Court Finds Federal Copyright Preemption in Dispute over Peter Pan Musical

On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production of…more

Copyright, Copyright Infringement, Dismissal With Prejudice, License Agreements, Music

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IRS Expands Identity Protection Program to Cover Additional Taxpayers

The Internal Revenue Service (IRS) recently announced that starting in 2015, taxpayers who filed their 2014 federal tax return with an address in Florida, Georgia, or Washington, D.C. are eligible to obtain an "identity…more

Data Protection, IRS, Personally Identifiable Information, Tax Returns

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Developments on the EB5 Program: the Administration, House and Senate Weigh In

The Regional Center part of the EB-5 immigrant investor program is set to sunset on September 30, 2015. Recent actions by the Obama Administration, the Senate and the House demonstrate this program now has significant…more

EB-5, Immigrant Investor Program, Job Creation, Legislative Agendas, Obama Administration

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Fires, Rehires and Non-Competition Agreements: Termination of Employment, No Matter How Brief, May Start the Clock to Run

An Indiana Court of Appeals has ruled that an employer cannot enforce a two year non-compete agreement against an employee who was fired for just 10 days and then rehired because the termination was treated as permanent and…more

Corporate Counsel, Employer Liability Issues, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

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Should Background Checks Be On Your New Employee Checklist?

"Where there's Pepsi, there's music" … is a slogan from a Pepsi marketing campaign. No doubt the EEOC agrees – in 2012, Pepsi paid over $3 million to settle race discrimination claims and agreed to provide job offers and…more

Background Checks, Criminal Background Checks, EEOC, PepsiCo, Racial Discrimination

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Halliburton II: What Every Public Company Should Know About the Impact of this Decision on Securities Class Action Suits

On June 23, 2014, in Halliburton v. Erica P. John Fund, No. 13-317 (June 23, 2014) ("Halliburton II"), in an opinion authored by Justice Roberts, the Supreme Court unanimously declined to overturn its ruling in Basic v…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

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The Death of Induced Infringement (According to the Supreme Court)?

In its June 2, 2014 decision, Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court unanimously overturned a previous Federal Circuit ruling, holding that a defendant will not be liable for induced…more

Induced Infringement, Limelight v Akamai, Patent Infringement, Patent Litigation, Patents

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Supreme Court Update: Two Securities Law Decisions This Week, and Another to Come

The United States Supreme Court has taken a keen interest in the securities arena this current term, agreeing to hear at least three cases (of only approximately 70 in total). This week, the Supreme Court announced decisions in…more

Amgen, Amgen Inc. v Connecticut Retirement Plans, Chadbourne & Parke LLP v Troice, Civil Monetary Penalty, Class Action

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Second Circuit Confirms That Providing “Effective” Reasonable Accommodation Sufficient Under ADA and NYS Law

In Noll v. Int’l Bus. Machs. Corp., 13-cv-4096 (2d Cir May 21, 2015), the Second Circuit Court of Appeals addressed the extent to which, under the ADA and New York State law, an employee must be provided with the precise…more

ADA, Appeals, Best Management Practices, Disability Discrimination, Employer Liability Issues

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Coming Fall 2014: HHS Launches Permanent Audit Program

Beginning in the Fall of 2014, a substantial number of covered entities and business associates will receive a notification and data request from the Health and Human Services' (HHS) Office for Civil Rights (OCR). According to…more

Audits, Business Associates, Covered Entities, HHS, HIPAA

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Amendments to Florida Building Code Set to Take Effect on June 30th

Amendments to the Florida Building Code (FBC) are likely to take effect on June 30, 2015. The amendments will affect life safety provisions and will likely decrease building efficiency by reducing saleable square footage and…more

Building Codes, Building Permits, Legislative Amendments, Safety Precautions

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2014 Foreign Financial Account Reporting Requirements

U.S. citizens or residents who owned, directly or indirectly through an entity, beneficially or who had power of attorney/signature authority over one or more foreign financial accounts with an aggregate value exceeding $10,000…more

Electronic Filing, FBAR, FinCEN, Foreign Financial Accounts, Income Taxes

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The Affordable Care Act: A Timeline Of Important Dates

In the world of healthcare, the story that grabbed our headlines and attention the most this past year was, of course, the impact of the Affordable Care Act (ACA). As we move into 2014, we take a moment to look back at some of…more

Affordable Care Act, Healthcare

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Amendments to Florida Building Code Set to Take Effect on June 30th

Amendments to the Florida Building Code (FBC) are likely to take effect on June 30, 2015. The amendments will affect life safety provisions and will likely decrease building efficiency by reducing saleable square footage and…more

Building Codes, Building Permits, Legislative Amendments, Safety Precautions

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Supreme Court Clarifies Procedure for Deciding Stern Claims in Bankruptcy Courts, But Leaves Big Questions Unresolved

Bankruptcy courts have jurisdiction over "core" and "non-core" proceedings. See 28 U.S.C. § 157. In "core" proceedings, bankruptcy courts can enter final judgments. See 28 U.S.C. § 157(b). In "non-core" proceedings, however,…more

Article III, Chapter 7, Commercial Bankruptcy, Executive Benefits Insurance Agency v. Arkison, Fraudulent Conveyance

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Recent Legislative Developments Affecting Florida Pharmacies

Florida’s 2015 Legislative Session ushered in two new laws affecting pharmacies: One addressing pharmacist immunizations (HB 279) and the second clarifies that veterinarians are authorized to dispense compounded drugs and…more

CDC, Compliance, DQSA, Drug Compounding, FDA

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Marijuana Use For Alleged Depression and Anxiety Can Still Get You Fired In Florida

There can be no doubt that Americans' views on the legality of marijuana use for both medicinal and recreational purposes has shifted over the past few years. A recent survey conducted by Fextel, Inc. and StPetePolls.org found…more

Hiring & Firing, Marijuana, Medical Marijuana, Termination

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FLSA: Changes Continue to Affect Employers

This past year has brought major changes to the laws affecting wage and hour issues. The Department of Labor has been particularly active this year putting out its first Administrator’s Interpretation regarding independent…more

Compensation Standards, Compliance, DOL, Florida, FLSA

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EEOC: Sexual Orientation Discrimination Illegal Under Title VII

The EEOC has found that workplace discrimination against lesbian, gay, and bisexual workers violates Title VII of the Civil Rights Act of 1964. On July 15, 2015, the EEOC reversed the dismissal of a sex discrimination complaint…more

Civil Rights Act, Discrimination, DOT, EEOC, FAA

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Creating Best Practices for Your Family Office

The "family office" is back in vogue. The dramatic increase in wealth creation during the last thirty years has given rise to a new generation of Rockefellers, Mellons, and Phipps. Today, families with sufficient wealth –…more

Closely Held Businesses, Family Offices, Investment Management

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Developments on the EB5 Program: the Administration, House and Senate Weigh In

The Regional Center part of the EB-5 immigrant investor program is set to sunset on September 30, 2015. Recent actions by the Obama Administration, the Senate and the House demonstrate this program now has significant…more

EB-5, Immigrant Investor Program, Job Creation, Legislative Agendas, Obama Administration

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Your Digital Workplace: Pitfalls And Remedies For Employees' Internet Use

Computers are a doubled-edged sword — vital convenience for everyone while simultaneously a potential source of liability if used improperly by employees. Employers' liability has expanded to the point where an employer may be…more

Attorney-Client Privilege, Email, Email Policies, Employer Liability Issues, Facebook

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

OTC Markets Group (OTCQX: OTCM) (OTC Markets) has established new eligibility standards for companies to be able to trade on the OTCQB® Venture Stage Marketplace (the OTCQB). These new standards are aimed at improving…more

Equity Markets, Investors, OTC

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U.S. Announces Goods and Services Eligible for Import

On February 13, 2015, the U.S. State Department issued new regulations regarding goods and services eligible for export from Cuba to the United States. The new regulations open a new chapter in U.S.–Cuba trade relations that…more

Amended Regulation, CACR, Cuba, Department of State, Economic Development

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Florida Board of Medicine Opts for Less Regulation of Office Surgical Procedures

The Florida Board of Medicine recently amended its office surgery rules to exclude numerous facilities, and providers who inadvertently may have been in violation of the previous rule requirements by not having registered their…more

Healthcare, Physicians

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Legislature Reins in Addiction Recovery Residences

Florida law makers have decided it is high time to stop allowing addiction recovery residences to operate without regulatory oversight. In its last session, the Florida Legislature passed a new law (CS/CS/HB 21) requiring that…more

Background Checks, CFOs, Compliance, Credentialing, Department of Children and Families (DCF)

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Federal Appeals Court Reverses Conviction of Mental Health Program Director

In a recently released decision, the United States Court of Appeals for the Eleventh Circuit reversed the conviction of a former community mental health program director who was convicted after trial of conspiring to commit…more

Appeals, Convictions, Electronic Medical Records, Healthcare, Healthcare Fraud

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Commil USA, LLC v. Cisco Systems, Inc. Further Clarifies the Requisite Intent for Induced Infringement after Global-Tech

On May 26, 2015, the Supreme Court ruled in Commil USA, LLC v. Cisco Sys., Inc. that an alleged infringer's belief regarding patent validity cannot be used as evidence in a defense to an induced infringement claim. In so doing,…more

Cisco, Cisco v CommilUSA, Good Faith, Honest Belief Defense, Induced Infringement

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Florida’s New LLC Act from the Lender’s Perspective

Last year, Florida Governor Rick Scott signed the Florida Revised Limited Liability Company Act (the New Act) into law. The New Act, which is codified in new Chapter 605 of the Florida Statutes, is a complete rewrite of the…more

Corporate Management, Creditors' Rights, Lenders, Limited Liability Companies, LLC

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Nevis Modernizes its Trust Laws to Become Even More Competitive

As a jurisdiction, Nevis is highly regarded as setting the standard among offshore trust laws, blazing new trails in this is area since 1994 with other jurisdictions attempting to play catch-up. Over time, other jurisdictions…more

Beneficiaries, Creditors, International Exempt Trust (Amendment) Ordinance, Nevis, Trusts

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The e-Workplace: Balancing Employer and Employee Rights

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools,…more

Apple Watch, Blogs, Email, Employee Rights, Employer Liability Issues

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Post-Myriad Strategies for Claiming Biotech Inventions in the United States

The United States Supreme Court recently ruled that genes or other naturally-occurring pieces of DNA are patent ineligible subject matter in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al. No…more

AMP v Myriad, Biotechnology, DNA, Inventions, Myriad

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Two-Midnight Rule Update

The Centers for Medicare and Medicaid Services (CMS) announced a further delay, through December 31, 2015, of the Recovery Auditors’ (RA) audits of the “Two-Midnight” Rule. Congress previously passed a law delaying enforcement…more

CMS, Healthcare, Hospitals, Inpatient Billing, Medicaid

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ACO Participation By Tax-Exempt Healthcare Organizations – Is Tax-Exempt Financing at Stake?

Does A Tax-Exempt Healthcare Organization’s Participation in an Accountable Care Organization (ACO) Adversely Affect Its Tax-Exempt Financing? IRS Notice 2014-67 Provides Guidance…more

ACOs, Exempt Organizations, Healthcare, HHS, IRS

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Fourth District Court of Appeal Holds Sales Tax Against Florida Corporation on Out-of-State Sales is Unconstitutional

In American Business USA Corp. v. Department of Revenue, Case No. 4D13-1472 (4th DCA November 12, 2014), the Fourth District Court of Appeal held that an assessment of sales tax pursuant to a provision in Florida's sales tax…more

Appeals, Commerce Clause, Conflicts of Laws, Cross-Border, Due Process

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Osceola County BCC Adopts Transportation Mobility Fee Ordinance Effective October 2015

The Osceola County Board of County Commissioners (BCC) voted unanimously to approve the Mobility Fee Ordinance on March 16, 2015, with an implementation date of October 1, 2015…more

Fees, General Contractors, Infrastructure, Local Ordinance, Real Estate Development

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It Ain’t Over ‘Til It’s Over: 6th Circuit Confirms That Post-Trial Motions Toll The Deadline To File Attorneys’ Fees Motions And Extends Octane Fitness To Trademark Litigations

In Slep-Tone Entertainment Corp. v. Karaoke Kandy Store, et al., No. 14-3117 (6th Cir. April 6, 2015), the Sixth Circuit confirmed that post-trial motions toll the deadline for filing motions for attorneys’ fees under Rule 54…more

Attorney's Fees, Exceptional Case, Rule 54, Trademark Infringement, Trademarks

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Condominium Termination Statute Amendment

On Tuesday, June 16, 2015, Governor Rick Scott signed into law a bill that will amend the Distressed Condominium Relief Act (the "2015 Amendment") by modifying the procedures and requirements imposed upon those seeking to…more

Commercial Real Estate Market, Condominiums, Disclosure Requirements, Distressed Assets, Distressed Properties

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Osceola County BCC Adopts Transportation Mobility Fee Ordinance Effective October 2015

The Osceola County Board of County Commissioners (BCC) voted unanimously to approve the Mobility Fee Ordinance on March 16, 2015, with an implementation date of October 1, 2015…more

Fees, General Contractors, Infrastructure, Local Ordinance, Real Estate Development

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Can We Talk? Florida Court Rejects Latest Challenge to Med Mal Presuit Authorization Law

In the latest challenge to a Florida law designed to promote early settlement of meritorious medical malpractice claims, the Florida First District Court of Appeal recently rejected a plaintiff’s arguments that 2013 amendments…more

Florida, Healthcare, HIPAA, Medical Malpractice, Negligence

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Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President…more

Anti-Corruption, Compliance, FCPA, Foreign Jurisdictions, White Collar Crimes

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Securities and Exchange Commission Proposes Rules on Crowdfunding

Introduction - On October 23, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules to permit U.S. companies to offer and sell securities through crowdfunding in an effort to implement the…more

Crowdfunding, JOBS Act, SEC, Startups, Title III

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Governor Signs Legislation Ending the Development of Regional Impact Program for New Development

On Thursday, May 14, 2015, Governor Scott signed into law CS/CS Senate Bill 1216, now Chapter 2015-30, Laws of Florida. This historic piece of legislation eliminates the Development of Regional Impact (DRI) process requirements…more

Economic Development, Governor Scott, New Legislation, Real Estate Development

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Governor Signs Legislation Ending the Development of Regional Impact Program for New Development

On Thursday, May 14, 2015, Governor Scott signed into law CS/CS Senate Bill 1216, now Chapter 2015-30, Laws of Florida. This historic piece of legislation eliminates the Development of Regional Impact (DRI) process requirements…more

Economic Development, Governor Scott, New Legislation, Real Estate Development

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Supreme Court Holds That Trademark Tacking is an Issue for the Jury

In trademark law, rights in a trademark are determined by the date of the mark’s first use in commerce, and the party who first uses the mark in commerce has priority over other users. Under the doctrine of "tacking," under…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

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It's Never Too Late To Give Guidance: OCR Starts Releasing HIPAA Omnibus Rule Guidance In Anticipation Of September 23 Compliance Deadline

This has been a busy week for the Department of Health and Human Services / Office for Civil Rights (HHS/OCR). It has started releasing guidance on various provisions of the Omnibus HIPAA final rule (the "Final Rule") in…more

CLIA, Data Protection, HHS, HIPAA, HIPAA Omnibus Rule

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Deadline Extension to Elect Portability of Unused Estate Tax Exemption

Those who have been involved with an estate of a decedent who died in 2010, 2011, or 2012, should be aware of an important upcoming deadline. The IRS has granted an extension of time (only until December 31, 2014), to elect…more

Deadlines, Estate Tax, Estate-Tax Exemption, IRS

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SEC Highlights Priorities and Reminds Private Funds that the AMU is Enforcing Rules on Anniversary

Marking the fifth anniversary of the formation of the SEC Enforcement Division’s Asset Management Unit (the 'AMU'), unit co-chief, Julie Riewe, highlighted the AMU's enforcement priorities for 2015 and reiterated that conflicts…more

Conflicts of Interest, SEC, Strategic Enforcement Plan

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U.S. Supreme Court holds Defense of Marriage Act Unconstitutional

The U.S. Supreme Court decided United States v. Windsor, No. 12 -307 on June 26 2013, holding section 3 of the Federal Defense of Marriage Act (DOMA) unconstitutional as it applies to valid marriages between same sex couples…more

Civil Unions, DOMA, Domestic Partnership, Jurisdiction, Marriage

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Time Sensitive Updates for Employer-Sponsored Retirement Plans

There are two time sensitive updates affecting employer sponsored retirement plans that companies should be aware of and review to determine whether action is needed. The first update applies to employers that sponsor a 401(k)…more

Benefit Plan Sponsors, EPCRS, Retirement Plan, Revenue Procedure 2015-27, Revenue Procedure 2015-28

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New York Court of Appeals Reaffirms the Separate Entity Rule

On October 23, 2014, the New York Court of Appeals issued an opinion in Motorola Credit Corp. v. Standard Chartered Bank, --- N.E.3d ----, 2014 WL 5368774, 2014 N.Y. Slip Op. 07199 (N.Y. Oct. 23, 2014), reaffirming New York's…more

Banks, Debt, Foreign Banks, Judgment Creditors, Judgment Debtors

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DOL Issues New FMLA Forms

The Department of Labor has finally issued new FMLA forms. These forms (WH-380-E, WH-380-F, WH-381, WH-382, WH-384, WH-385, and WH-385V) may be accessed from the DOL’s website. The prior FMLA forms expired well before the new…more

DOL, FMLA, Genetic Discrimination, GINA

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Protection of Identities Not Identical Under Lanham Act §§ 43(a) and 2(a)

In Tartell v. South Florida Sinus and Allergy Center, Inc., the Eleventh Circuit reversed the district court’s finding that the plaintiff’s personal name had acquired distinctiveness as a trademark and that the defendant…more

Inherently Distinctive, Lanham Act, Trademark Infringement, Trademarks

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With This Ring, I Thee Confer Benefits... The Meaning Of "I Do"

Based upon an IRS determination which took effect last week, same-sex couples who enter into marriages in jurisdictions that recognize such marriages are now treated as married for federal tax purposes, regardless of whether the…more

Employee Benefits, IRS, Marriage, Same-Sex Marriage, U.S. Treasury

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An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow…more

Anti-Retaliation Provisions, Hiring & Firing, Popular, Protected Activity, Retaliation

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Brownfield Legislation Passes 2014 Florida Legislative Session, Expanding Range of Redevelopment Tools

The Florida Legislature passed new Brownfield legislation in the 2014 legislative session that concluded in May 2014. The bill will be sent to Governor Rick Scott. If enacted into law, the legislation will expand the range of…more

Brownfield Properties, Contaminated Properties, Environmental Policies, New Legislation, Real Estate Development

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Religious Freedom and the Affordable Care Act

The fascinating interplay that weaves between the First and Fifth Amendments to the U.S. Constitution, the Religious Freedom Restoration Act (RFRA) and the Patient Protection and Affordable Care Act (ACA) continues to march on…more

Affordable Care Act, Appeals, Contraceptive Coverage Mandate, Fifth Amendment, First Amendment

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The Supreme Court Rules in Favor of Broadcasters in American Broadcasting Companies v. Aereo, Inc.

On June 25, 2014, the Supreme Court issued a highly anticipated decision involving the latest clash of technology and copyright that marks a significant victory for television broadcasters. In American Broadcasting Companies v…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

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Court Addresses FMLA’s Overnight Stay Requirement

In order to satisfy the Family and Medical Leave Act’s “overnight stay” requirement, an employee must be in the hospital “for a substantial period of time from one calendar day to the next calendar day as measured by the…more

Appeals, DOL, FMLA, Hiring & Firing

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“BRING IT ON!”: Sixth Circuit OKs Copyright Claims for Cheerleader Uniform’s Design

On August 19, 2015, the Sixth Circuit Court of Appeals issued a “V-I-C-T-O-R-Y” for the world’s largest designer and manufacturer of cheerleader uniforms in its copyright infringement lawsuit against another cheerleading gear…more

Cheerleaders, Copyright, Copyright Infringement, Copyright Litigation, Popular

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New York Court of Appeals Reaffirms the Separate Entity Rule

On October 23, 2014, the New York Court of Appeals issued an opinion in Motorola Credit Corp. v. Standard Chartered Bank, --- N.E.3d ----, 2014 WL 5368774, 2014 N.Y. Slip Op. 07199 (N.Y. Oct. 23, 2014), reaffirming New York's…more

Banks, Debt, Foreign Banks, Judgment Creditors, Judgment Debtors

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Reasonable Accommodations Under the ADA Do Not Require Changing a Job's Essential Functions

Weldon Williams, a pharmacist, suffered from diabetes which limited his ability to stand for extended periods of time. Williams sued his former employer Revco Discount Drug Centers, Inc., d/b/a CVS Pharmacy, Inc. ("CVS")…more

ADA, CVS, Employer Liability Issues, Essential Functions, Popular

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Florida Information Protection Act of 2014 - Florida Means Business When It Comes to Protecting Customers' Personal Information

On June 20, 2014, Governor Rick Scott signed into law the Florida Information Protection Act of 2014 ("FIPA"), which became effective July 1, 2014. FIPA expands the obligations of businesses and government entities that maintain…more

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Easier Than Ever to File Whistleblower Complaints

Whistleblowers covered by one of the 22 statutes administered by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) will now be able to file complaints online. Previously, workers could make…more

OSHA, Whistleblowers

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Thought Leaders: These Are "Turbulent," "Transitional" Times In Healthcare

The phrase "the only constant is change itself" has rarely been so true across an entire industry. The U.S. healthcare sector is having to adjust to rapidly changing times. That whirlwind of change was discussed by industry…more

Affordable Care Act, Healthcare, Healthcare Reform

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Proof of Claim Could Cost You Your Privilege - Bankruptcy Court Holds Attorney's Signature on Proof of Claim Form Renders Attorney a Fact Witness to Allegations in Proof of Claim, Waiving Attorney-Client and Work-Product Privileges

A properly filed proof of claim serves as prima facie evidence as to a claim's validity. But when this written statement is signed by a creditor's attorney, the court may find that the attorney has become a fact witness and that…more

Attorney-Client Privilege, Commercial Bankruptcy, Debtor-Creditor, Proof of Claims, Work Product Privilege

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Commil USA, LLC v. Cisco Systems, Inc. Further Clarifies the Requisite Intent for Induced Infringement after Global-Tech

On May 26, 2015, the Supreme Court ruled in Commil USA, LLC v. Cisco Sys., Inc. that an alleged infringer's belief regarding patent validity cannot be used as evidence in a defense to an induced infringement claim. In so doing,…more

Cisco, Cisco v CommilUSA, Good Faith, Honest Belief Defense, Induced Infringement

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U.S. Announces Goods and Services Eligible for Import

On February 13, 2015, the U.S. State Department issued new regulations regarding goods and services eligible for export from Cuba to the United States. The new regulations open a new chapter in U.S.–Cuba trade relations that…more

Amended Regulation, CACR, Cuba, Department of State, Economic Development

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Hospitals Required to Notify Medicare Beneficiaries of Observation Status

The NOTICE Act (Notice of Observation Treatment and Implication for Care Eligibility) has been signed into law as of August 6, 2015. The Act requires hospitals to provide oral and written notice to patients within 36 hours of…more

Compliance, Healthcare, Healthcare Providers, HHS, Hospitals

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Granting A Requested Job Transfer Can Be Considered An Adverse Employment Action

An employee who requested and was granted a lateral job transfer, and later sued for discrimination, was not precluded from claiming that the transfer was an "adverse employment action," according to a recent decision by the…more

Adverse Employment Action, Employee Transfers, Hiring & Firing, Reorganizations

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U.S. Announces Goods and Services Eligible for Import

On February 13, 2015, the U.S. State Department issued new regulations regarding goods and services eligible for export from Cuba to the United States. The new regulations open a new chapter in U.S.–Cuba trade relations that…more

Amended Regulation, CACR, Cuba, Department of State, Economic Development

See All Updates »

Treasury Delays FATCA Deadlines by Six Months

On July 12, the Treasury Department issued Notice 2013-43, which provides a revised timeline for the Foreign Account Tax Compliance Act (FATCA). The FATCA withholding and reporting requirements will be delayed six months until…more

Deadlines, Delays, FATCA, FFI, GIIN

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Illinois Appellate Court Holds No Standing to Sue for Medical Information Data Breach Where Injury is Speculative

On June 2, 2015, the Second District Illinois Appellate Court affirmed the decisions of two lower courts, which had dismissed breach of privacy cases for lack of standing. The cases were consolidated for the purposes of the…more

Popular

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SEC Highlights Priorities and Reminds Private Funds that the AMU is Enforcing Rules on Anniversary

Marking the fifth anniversary of the formation of the SEC Enforcement Division’s Asset Management Unit (the 'AMU'), unit co-chief, Julie Riewe, highlighted the AMU's enforcement priorities for 2015 and reiterated that conflicts…more

Conflicts of Interest, SEC, Strategic Enforcement Plan

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U.S. Supreme Court holds Defense of Marriage Act Unconstitutional

The U.S. Supreme Court decided United States v. Windsor, No. 12 -307 on June 26 2013, holding section 3 of the Federal Defense of Marriage Act (DOMA) unconstitutional as it applies to valid marriages between same sex couples…more

Civil Unions, DOMA, Domestic Partnership, Jurisdiction, Marriage

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Employee Benefits Update: Recent Updates and Year End Tasks

As the end of the year approaches, employers and plan sponsors of certain retirement plans, health and welfare plans and deferred compensation arrangements have a number of year-end tasks and deadlines. Failure to comply with…more

Employee Benefits

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Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I…more

ASTM, CERCLA, Contaminated Properties, Due Diligence, Environmental Site Assessment

See All Updates »

Medical Marijuana – Latest Draft Regulations

Below is a summary of the changes made by the Florida Department of Health (DOH) to the draft rules to implement the Compassionate Medical Cannabis Act of 2014 (SB 1030)…more

Dispensaries, Marijuana, Medical Marijuana, Proposed Legislation

See All Updates »

Medical Devices To Be Taxed: Manufacturers and Importers Be Prepared

Beginning January 1, 2013, manufacturers, producers, and importers of medical devices must report and pay a 2.3% excise tax on the sales price of taxable medical device pursuant to Section 4191 of the Internal Revenue Code…more

Excise Tax, FDA, FDCA, Imports, IRS

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SEC Files Complaint Against U.S. Company for Ponzi Scheme - Includes EB-5 Investors

On Monday July 6, 2015, the Securities and Exchange Commission (the "SEC") charged Luca International Group, LLC, a San Francisco area oil and gas company, and its affiliated companies ("Luca") and certain of its executives,…more

EB-5, Enforcement Actions, Foreign Investment, Green Cards, Ponzi Scheme

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Creation of International Commercial Arbitration (ICA) Subsection

In an Administrative Order dated December 3, 2013, the Chief Administrative Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Honorable Bertila Soto, announced the creation of an International…more

Business Litigation, Complex Litigation, Dispute Resolution, International Arbitration, International Litigation

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Time Sensitive Updates for Employer-Sponsored Retirement Plans

There are two time sensitive updates affecting employer sponsored retirement plans that companies should be aware of and review to determine whether action is needed. The first update applies to employers that sponsor a 401(k)…more

Benefit Plan Sponsors, EPCRS, Retirement Plan, Revenue Procedure 2015-27, Revenue Procedure 2015-28

See All Updates »

NY State Estate Tax of Nonresident's LLC Determined by Entity Classification

The New York State Department of Taxation and Finance (the department) recently opined that a membership interest in a single-member LLC (SMLLC) owning a New York condominium is real property subject to New York State "estate…more

Estate Tax, Limited Liability Companies, Membership Interest, Property Ownership

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Efforts to Stop Health Insurance Fraud Through Use of Contractors Under Fire

In recent reports, from June 25, 2014 and August 13, 2014, the Government Accountability Office (GAO) highlights the mixed results achieved by the federal government's increased efforts to crack down on health insurance fraud…more

Audits, GAO, Health Insurance, Healthcare Fraud, Medicaid

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SEC Proposes Pay Ratio Rules

On September 18, 2013, pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission issued proposed rules that will amend Item 402 of Regulation S-K to…more

Annual Filings, Annual Reports, CEOs, Dodd-Frank, Executive Compensation

See All Updates »

New Channels of Economic Opportunity to Follow U.S.-Cuba Policy Changes

On December 17, President Obama announced sweeping changes to U.S.–Cuba policies that will usher in a new era in bilateral relations between the two countries. In the coming months, the United States will move to re-establish…more

Banking Sector, Barack Obama, Consumer Financial Products, Cuba, Financial Products

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A Quick Look at Healthcare Issues Expected to Make News in 2015

As we look into our crystal balls, we do not expect a lot of new issues in 2015. Rather, we believe that most of the significant issues will be a continuation of issues that arose in 2014 or earlier…more

Affordable Care Act, CMS, Employer Group Health Plans, Health Insurance, Health Insurance Exchanges

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Perfect 10 Slammed With $5.5 Million In Fees And Costs Under The Copyright Act Without A Finding Of Frivolous Or Objectively Unreasonable Claims; Patent Trolls Beware

The Central District of California recently awarded over $5 million in attorneys’ fees and over $400,000 in costs, emphasizing the degree of success obtained by Defendants and the improper motivations of Plaintiff. The court…more

Copyright, Exceptional Case, Lanham Act, Litigation Fees & Costs, The Copyright Act

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Florida Ad Valorem Property Tax Refund Interest

The Florida Legislature, in its continuing attempt to level the property tax playing field, provided that interest be paid on taxes collected above the tax ultimately warranted by the property assessment…more

Ad Velorum Property Taxes, Interest Payments, Property Tax, Tax Assessment, Tax Refunds

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Social Media Policies — ALJ Disregards Guidance From NLRB General Counsel

If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: "The postings on this site are my own and don't necessarily represent the positions,…more

ALJ, Employee Rights, NLRB, Social Media Policy

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The Ray Charles’s Foundation Doesn’t Have to “Hit the Road Jack”: Ninth Circuit Permits Foundation to Challenge the Validity of Copyright Termination Notices Served by Ray Charles’s Heirs on Third Party Grantees

On July 31, 2015, the Ninth Circuit reversed the Central District of California’s dismissal of an action brought by the Ray Charles Foundation, seeking, among other things, a judicial determination of the validity and…more

Article III, Audio Recording, Copyright, Irrevocable Trusts, Music Industry

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The Supreme Court Clarifies The Meaning Of The FLSA's "Changing Clothes" Exception

In a near unanimous decision on Monday, the United States Supreme Court further clarified the multifaceted and oft-litigated issue of whether "donning and doffing" of some protective gear prior to or following a work shift falls…more

Collective Bargaining, FLSA, Sandifer v U.S. Steel Corp, SCOTUS, Unions

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Enhancements to Florida's Solicitation of Funds Law Now Effective - Charities Now Have Tighter Regulations

In response to the Tampa Bay Times investigative story, "America's Worst Charities," Florida’s Commissioner of Agriculture, Adam Putnam, worked with the Florida Legislature to enact material enhancements to Florida's…more

Charitable Donations, Charitable Organizations, Fundraisers, Non-Profits

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Can We Talk? Florida Court Rejects Latest Challenge to Med Mal Presuit Authorization Law

In the latest challenge to a Florida law designed to promote early settlement of meritorious medical malpractice claims, the Florida First District Court of Appeal recently rejected a plaintiff’s arguments that 2013 amendments…more

Florida, Healthcare, HIPAA, Medical Malpractice, Negligence

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NLRB Protects Facebook "Like" and Signals Standard for Analyzing Social Media Posts

An employer violated the National Labor Relations Act ("NLRA") by discharging two employees for participating in a Facebook posting by a former employee, according to the National Labor Relations Board ("NLRB"). One of the…more

See All Updates »

Time Sensitive Updates for Employer-Sponsored Retirement Plans

There are two time sensitive updates affecting employer sponsored retirement plans that companies should be aware of and review to determine whether action is needed. The first update applies to employers that sponsor a 401(k)…more

Benefit Plan Sponsors, EPCRS, Retirement Plan, Revenue Procedure 2015-27, Revenue Procedure 2015-28

See All Updates »

Daimler AG v. Bauman and its Progeny: U.S. Courts Significantly Limit General Personal Jurisdiction

In Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the Supreme Court issued a unanimous decision that significantly limited where a corporate defendant is subject to general jurisdiction in the United States. This ruling provides…more

DaimlerAG, DaimlerChrysler v Bauman, Foreign Corporations, Personal Jurisdiction, SCOTUS

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Update: Time Spent Going Through Security Is Not Indispensable and, Therefore, Is Not Compensable

In an important decision under the Fair Labor Standards Act, the Supreme Court has issued a ruling in Busk v. Integrity Staffing Solutions, Inc. in favor of employers. As previously discussed in October, the Court had to…more

FLSA, Integrity Staffing v Busk, SCOTUS, Security Checks, Wage and Hour

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Florida's Amendment 2 Did Not Pass – What's Next?

Is any form of medical marijuana legal in the State of Florida? Yes – In June 2014, Governor Scott signed into law The Compassionate Medical Cannabis Act, known as the Charlotte's Web law. Unlike Amendment 2, the…more

Marijuana, Medical Marijuana

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Medical Marijuana – Latest Draft Regulations

Below is a summary of the changes made by the Florida Department of Health (DOH) to the draft rules to implement the Compassionate Medical Cannabis Act of 2014 (SB 1030)…more

Dispensaries, Marijuana, Medical Marijuana, Proposed Legislation

See All Updates »

Condominium Termination Statute Amendment

On Tuesday, June 16, 2015, Governor Rick Scott signed into law a bill that will amend the Distressed Condominium Relief Act (the "2015 Amendment") by modifying the procedures and requirements imposed upon those seeking to…more

Commercial Real Estate Market, Condominiums, Disclosure Requirements, Distressed Assets, Distressed Properties

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Condominium Hotel Units: On the Benefits of Being a Security

The potential application of federal and state securities laws to the sale of condominiums when coupled with the opportunity to participate in a rental program (sometimes referred to as a "condohotel," "condominium hotel," or…more

Commercial Real Estate Market, Condominiums, Hotels, Regulation D, Rule 10b-5

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A New International Option: The "Emergency Arbitrator"

For many years, the common belief was that international arbitration was not suitable for cases in which emergency relief could become necessary. The time required to impanel an arbitration tribunal and the logistics of…more

Arbitration, Arbitration Agreements, International Arbitration, Jurisdiction

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CMS Extends Enrollment Moratorium on Home Health Agencies

The Centers for Medicare and Medicaid Services (CMS) announced that it will once again extend the moratorium on the enrollment of new home health agencies, branch locations and subunits in certain metropolitan areas of Florida,…more

CHIP, CMS, Compliance, Enrollment, Healthcare

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Florida Legislature 2013 Pre-Session Report

The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in…more

Affordable Care Act, Citizens Property Insurance Corporation, Corporate Taxes, Healthcare, Medicaid

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IRS Changes Position on Non-Taxable IRA Rollover Contributions

The U.S. Tax Court recently decided that the one-per-year IRA rollover limitation in 26 U.S.C. § 408(d)(3)(B) applies in the aggregate to all of the taxpayer’s IRA accounts rather than separately to each of a taxpayer’s IRA…more

IRA, IRA Rollovers, Non-Taxable Income

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Food Recalls Increase in First Quarter of 2015

Food producers are reporting a sharp rise in food recalls so far this year. During the first quarter of 2015, the U.S. Food and Drug Administration (FDA) published notices of 118 food recalls (excluding pet foods), and the U.S…more

FDA, Food Manufacturers, Food Recalls, Food Safety, USDA

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What Is Your Fraud Rank?

On June 2, 2015, Center for Medicare & Medicaid Services (CMS), provided direction to state Medicaid Directors on the implementation of Section 6401 of the Affordable Care Act, Provider Screening and Other Enrollment…more

CHIP, CMS, Fraud, Health Care Providers, Healthcare

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Extension of Eight Valuable As-of-Right Incentive Programs Included in New York State's Budget Bill

New laws may benefit developers and businesses with applications long pending and for future applicants that depend on these incentive programs to help induce investment and economic growth in the New York City. These programs…more

Property Tax, Real Estate Market, Sales & Use Tax, SALT, State Budgets

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Purchase Price Adjustments: How True is Your True-Up?

A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more

Asset Valuations, Indemnification, Letters of Intent, Purchase Price

See All Updates »

Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust over…more

Alimony, Contempt, Discretionary Trust, Distribution Rules, Divorce

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Federal Circuit Shows No Peace & Love to the TTAB

This case arose from GS Enterprises, LLC’s (“GS”) opposition to the registration of Juice Generation, Inc.’s (“Juice Generation”) trademark. In finding a likelihood of confusion with GS’s marks, the Board below reasoned that…more

Design Patent, DuPont, Trademark Litigation, Trademark Registration, Trademark Trial and Appeal Board

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CMS launches database of manufacturer and GPO payments to physicians

The Affordable Care Act contains a provision known as the Physician Payments Sunshine Act, which requires the Centers for Medicare and Medicaid Services (CMS) to establish a national databank containing information on the…more

See All Updates »

2014 Foreign Financial Account Reporting Requirements

U.S. citizens or residents who owned, directly or indirectly through an entity, beneficially or who had power of attorney/signature authority over one or more foreign financial accounts with an aggregate value exceeding $10,000…more

Electronic Filing, FBAR, FinCEN, Foreign Financial Accounts, Income Taxes

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

OTC Markets Group (OTCQX: OTCM) (OTC Markets) has established new eligibility standards for companies to be able to trade on the OTCQB® Venture Stage Marketplace (the OTCQB). These new standards are aimed at improving…more

Equity Markets, Investors, OTC

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“BRING IT ON!”: Sixth Circuit OKs Copyright Claims for Cheerleader Uniform’s Design

On August 19, 2015, the Sixth Circuit Court of Appeals issued a “V-I-C-T-O-R-Y” for the world’s largest designer and manufacturer of cheerleader uniforms in its copyright infringement lawsuit against another cheerleading gear…more

Cheerleaders, Copyright, Copyright Infringement, Copyright Litigation, Popular

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Supreme Court Decision Striking Down DOMA Will Have a Significant Impact on Employer-Sponsored Benefits

The United States Supreme Court ruled on June 26 in United States v. Windsor, U.S., No 12-307, that the definitions of “marriage” and “spouse” contained in the Defense of Marriage Act (DOMA) excluding same-sex partners are a…more

Civil Unions, DOMA, Domestic Partnership, Due Process, Employee Benefits

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2013 Property Tax Assessment Notices Mailed This Month

The Florida County Property Appraiser Offices have started to mail the 2013 Property Tax Assessment Notices, commonly known as TRIM Notices. TRIM Notices present the 2013 property assessments and are mailed for both real and for…more

Appraisal, Valuation

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The Florida Crowdfunding Act - An Attempt to Facilitate Capital Raising by Small Businesses in Florida

"Crowdfunding" is the collection of small amounts of money from a large number of people to fund innovative projects, artistic endeavors, and non-profit political and charitable causes through the Internet. Over the past several…more

Crowdfunding, Indiegogo, Issuers, Kickstarter, New Legislation

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The Florida Crowdfunding Act - An Attempt to Facilitate Capital Raising by Small Businesses in Florida

"Crowdfunding" is the collection of small amounts of money from a large number of people to fund innovative projects, artistic endeavors, and non-profit political and charitable causes through the Internet. Over the past several…more

Crowdfunding, Indiegogo, Issuers, Kickstarter, New Legislation

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

OTC Markets Group (OTCQX: OTCM) (OTC Markets) has established new eligibility standards for companies to be able to trade on the OTCQB® Venture Stage Marketplace (the OTCQB). These new standards are aimed at improving…more

Equity Markets, Investors, OTC

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New Option to Appeal Arbitration Awards Within The Arbitration Process

Arbitration is a faster and less expensive way to resolve disputes. One significant drawback of arbitration, however, is that there has been almost no way to overcome an aberrant decision by the arbitrator. Even when the…more

Appeals, Arbitration, Arbitration Awards

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Securities and Exchange Commission Proposes Rules on Crowdfunding

Introduction - On October 23, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules to permit U.S. companies to offer and sell securities through crowdfunding in an effort to implement the…more

Crowdfunding, JOBS Act, SEC, Startups, Title III

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What To Do If The Feds Come Knocking At Your Door!

Your employee handbook likely addresses, in great detail, the do's and don'ts of using the internet while at the office, guidance on HIPAA, and even the company's policy on sexual harassment, but does it provide any instruction…more

DOJ, False Claims Act, Fraud, Healthcare, Investigations

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How and Why Your Team Is Everything (And Other Essentials for Startup Success...)

The multi-faceted answer to our question: over the years working with entrepreneurs and inventors, what have you seen as an essential attribute to startup success?…more

Legal Perspectives, Startups

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The NLRB Expands Its Reach in the Non-Union Workplace

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of…more

Arbitration, Code of Conduct, Confidential Information, Conflicts of Interest, Employment Policies

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2014 Foreign Financial Account Reporting Requirements

U.S. citizens or residents who owned, directly or indirectly through an entity, beneficially or who had power of attorney/signature authority over one or more foreign financial accounts with an aggregate value exceeding $10,000…more

Electronic Filing, FBAR, FinCEN, Foreign Financial Accounts, Income Taxes

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CMS Publishes Notice of Proposed Rule Making Regarding Stark Law Amendments and Seeks Comment on the Issue of Stark Acting as a Barrier to Healthcare Reform

In early July, the Centers for Medicare and Medicaid Services (CMS) published a notice of proposed rulemaking, amending the Physician Self-Referral Prohibitions, or Stark law. 80 Fed. Reg. 41,909-930 (July 15, 2015). The…more

Affordable Care Act, CMS, Financial Assistance Policies, Healthcare, Healthcare Providers

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Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I…more

ASTM, CERCLA, Contaminated Properties, Due Diligence, Environmental Site Assessment

See All Updates »

Nevis Modernizes its Trust Laws to Become Even More Competitive

As a jurisdiction, Nevis is highly regarded as setting the standard among offshore trust laws, blazing new trails in this is area since 1994 with other jurisdictions attempting to play catch-up. Over time, other jurisdictions…more

Beneficiaries, Creditors, International Exempt Trust (Amendment) Ordinance, Nevis, Trusts

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Employment Law Trends for 2015

Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the Department of Labor’s release of guidance to curb…more

DOL, Employee Handbooks, Employment Discrimination, FLSA, Hiring & Firing

See All Updates »

Developments on the EB5 Program: the Administration, House and Senate Weigh In

The Regional Center part of the EB-5 immigrant investor program is set to sunset on September 30, 2015. Recent actions by the Obama Administration, the Senate and the House demonstrate this program now has significant…more

EB-5, Immigrant Investor Program, Job Creation, Legislative Agendas, Obama Administration

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Florida Department Of Health Adopts New Telemedicine Rule: Florida Legislature Considers Changing The Law

While the Florida Department of Health (DOH) adopted a new telemedicine rule on March 12, 2014 [Rule 64B8-9.0141 and Rule 64B15-14.0081 of the Florida Administrative Code], several bills on the same subject are under…more

Healthcare, Telemedicine

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Caveat Opposer: Preclusion Lurks at the TTAB

Recently, the Trademark Trial and Appeal Board (the “TTAB”) held that an unsuccessful opposer was precluded from later pursuing a cancellation against the same trademark owner, even though the opposer assumed a different…more

B&B Hardware v Hargis Industries, Claim Preclusion, Corporate Counsel, Digital Downloads, Digital Media

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An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow…more

Anti-Retaliation Provisions, Hiring & Firing, Popular, Protected Activity, Retaliation

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Glitch in State Department Systems Causing Worldwide Visa Issuance Delays

U.S. embassies and consulates abroad recently suspended issuing any U.S. visas as a result of worldwide technical issues with State Department computer systems. These technical problems cause considerable delays to foreign…more

Consulate, Delays, Department of State, Foreign Nationals, Human Resources Professionals

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Daimler AG v. Bauman and its Progeny: U.S. Courts Significantly Limit General Personal Jurisdiction

In Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the Supreme Court issued a unanimous decision that significantly limited where a corporate defendant is subject to general jurisdiction in the United States. This ruling provides…more

DaimlerAG, DaimlerChrysler v Bauman, Foreign Corporations, Personal Jurisdiction, SCOTUS

See All Updates »

The Supreme Court Rules in Favor of Broadcasters in American Broadcasting Companies v. Aereo, Inc.

On June 25, 2014, the Supreme Court issued a highly anticipated decision involving the latest clash of technology and copyright that marks a significant victory for television broadcasters. In American Broadcasting Companies v…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

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Data Security Issues in the Workplace: It’s 10:00 p.m. – Do You Know Where Your Company’s Data Is?

It seems that not a day goes by without another massive data breach incident providing fodder for the morning headlines or the evening news. That should come as no surprise. According to key studies, the average company…more

Breach Notification Rule, Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach

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EEOC Will Now Process Sexual Orientation Discrimination Claims

On February 3rd, the Equal Employment Opportunity Commission released an internal memorandum stating that the EEOC will now process and investigate claims of discrimination based on sexual orientation, transgender status, and…more

Discrimination, EEOC, Enforcement Authority, Gender Identity, Sex Discrimination

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June Expiration of Select New York City Residential and Commercial Incentive Programs

Four major New York City based incentives programs for residential and commercial property owners and tenants are scheduled to sunset in June. Depending on individual circumstances, there may be an opportunity to vest benefits…more

Commercial Property Owners, Property Owners, Property Tax, Sunset Provisions, Tax Credits

See All Updates »

New Channels of Economic Opportunity to Follow U.S.-Cuba Policy Changes

On December 17, President Obama announced sweeping changes to U.S.–Cuba policies that will usher in a new era in bilateral relations between the two countries. In the coming months, the United States will move to re-establish…more

Banking Sector, Barack Obama, Consumer Financial Products, Cuba, Financial Products

See All Updates »

SEC Proposes Pay Ratio Rules

On September 18, 2013, pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission issued proposed rules that will amend Item 402 of Regulation S-K to…more

Annual Filings, Annual Reports, CEOs, Dodd-Frank, Executive Compensation

See All Updates »

D.C. Circuit Reinstates Home Health Care Regulations

Earlier this year, we brought news that the DOL had revised its regulations applicable to home health care workers. Those regulations, which related to domestic workers who provide “companionship services,” narrowed…more

Companionship Exemptions, DOL, Domestic Workers, FLSA, Healthcare

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SEC Highlights Priorities and Reminds Private Funds that the AMU is Enforcing Rules on Anniversary

Marking the fifth anniversary of the formation of the SEC Enforcement Division’s Asset Management Unit (the 'AMU'), unit co-chief, Julie Riewe, highlighted the AMU's enforcement priorities for 2015 and reiterated that conflicts…more

Conflicts of Interest, SEC, Strategic Enforcement Plan

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Department of Labor Issues New Proposed FLSA White Collar Regulations

On June 30, 2015, the Department of Labor issued its long-awaited Notice of Proposed Rulemaking, which updates the Fair Labor Standards Act (FLSA) regulations relating to white collar employees. The proposed regulation would…more

Barack Obama, DOL, Exempt-Employees, FLSA, Minimum Salary

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Amendments to Florida Building Code Set to Take Effect on June 30th

Amendments to the Florida Building Code (FBC) are likely to take effect on June 30, 2015. The amendments will affect life safety provisions and will likely decrease building efficiency by reducing saleable square footage and…more

Building Codes, Building Permits, Legislative Amendments, Safety Precautions

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Purchase Price Adjustments: How True is Your True-Up?

A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more

Asset Valuations, Indemnification, Letters of Intent, Purchase Price

See All Updates »

Effective Management of Employee Medical Issues in 2015

Compliance with the Family & Medical Leave Act and the Americans with Disabilities Act continues to cause issues for even the most experienced workplace professionals. In recent years, both the FMLA and ADA have expanded…more

ADA, Compliance, EEOC, FMLA, NPRM

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Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned

A federal court has invalidated the U.S. Department of Labor's ("DOL") amended rule that would have extended minimum wage and overtime protections to nearly two million home health care workers and affected the cost and…more

Companionship Exemptions, DOL, Home Health Agencies, Home Health Care, Home Healthcare Workers

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Supreme Court Clarifies Procedure for Deciding Stern Claims in Bankruptcy Courts, But Leaves Big Questions Unresolved

Bankruptcy courts have jurisdiction over "core" and "non-core" proceedings. See 28 U.S.C. § 157. In "core" proceedings, bankruptcy courts can enter final judgments. See 28 U.S.C. § 157(b). In "non-core" proceedings, however,…more

Article III, Chapter 7, Commercial Bankruptcy, Executive Benefits Insurance Agency v. Arkison, Fraudulent Conveyance

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NLRB Pushing for a Joint Employer Liability Model for Franchisors?

In a move that has caused great concern in the franchising industry, in pending cases filed by employees against McDonald's franchisees, the National Labor Relations Board (NLRB) has authorized the filing of complaints against…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, McDonalds

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June Expiration of Select New York City Residential and Commercial Incentive Programs

Four major New York City based incentives programs for residential and commercial property owners and tenants are scheduled to sunset in June. Depending on individual circumstances, there may be an opportunity to vest benefits…more

Commercial Property Owners, Property Owners, Property Tax, Sunset Provisions, Tax Credits

See All Updates »

Employment Law Trends for 2015

Few can quibble with the fact that 2015 has been a busy year for employment law. From historic pronouncements of the Supreme Court concerning fundamental and civil rights, to the Department of Labor’s release of guidance to curb…more

DOL, Employee Handbooks, Employment Discrimination, FLSA, Hiring & Firing

See All Updates »

FDA Issues Draft Guidance for Drug and Device Information on Social Media

On June 17, 2014, the FDA issued two draft guidance documents relating to the use of social media and the Internet to promote prescription drugs and medical devices. The FDA described how a company should use a character limited…more

Advertising, FDA, Marketing, Medical Devices, Pharmaceutical

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  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Illinois
  • Nevada
  • New York
  • Texas
  • Utah
  • Virginia
  • Wisconsin
Number of Attorneys

400+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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