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The U.S. Department of the Treasury has published proposed regulations that provide guidance on how an employer may determine whether its group health plan provides “minimum value.”…more
Affordable Care Act, Employer Group Health Plans, Healthcare, Minimum Essential Coverage, Penalties
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Legislation encouraging the use of public-private partnerships (P3s) to address Maryland’s growing infrastructure needs has been passed by the General Assembly and signed into law by Governor O’Malley with bipartisan support…more
Infrastructure, New Legislation, P3s, Public-Private Partnerships
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The CFPB has announced the settlement of an enforcement action in which it was alleged that two affiliated business arrangements (ABAs) violated Section 8 of the Real Estate Settlement Procedures Act…more
Affiliated-Business Arrangements, CFPB, HUD, Mortgages, RESPA
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In a unanimous opinion, the U.S. Supreme Court this week tightened the standard for state action immunity under federal antitrust laws in a case involving a hospital merger. This decision arguably tightens the reins on the…more
FTC, FTC v. Phoebe Putney Health System, Hospital Mergers, Hospitals, Immunity
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In This Issue:
- CFPB Monitor Named to the ABA Journal Annual Blawg 100 List
- Temporary CONGRESS PASSES LEGISLATION TO FIX CFPB PRIVILEGE WAIVER PROBLEM
- CFPB DESCRIBES PLANS FOR COORDINATING WITH STATE…more
Advertising, Attorney-Client Privilege, Browser History Sniffing, CFPB, DOJ
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In a 5-4 decision issued on April 16, 2013, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Third Circuit and held that an unaccepted Rule 68 offer of full relief to a named plaintiff extinguished a putative…more
Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Mootness
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See All Updates »
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This week, the Obama administration released its proposed budget for the 2014 fiscal year. Notably, the budget encourages private investment in infrastructure projects through various liberalizations of the tax laws relating to…more
America Fast Forward Bonds, Barack Obama, Federal Budget, FIRPTA, Foreign Investment
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See All Updates »
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Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results. The…more
Certified Access Specialists, Commercial Leases, Compliance, Disability, Disclosure Requirements
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As the 2014 implementation date for the most controversial provisions of the Affordable Care Act (ACA) draws closer, most businesses are focused on ensuring that their group health plans meet the ACA's requirements. But there…more
Affordable Care Act, Employer Group Health Plans, Health Insurance, OSHA, Retaliation
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The American Taxpayer Relief Act of 2012 (the Act), passed by the Senate and the House and Representatives on New Year’s Day and signed by the President on January 2, 2013, includes several direct and indirect consequences for…more
American Taxpayer Relief Act, Bonds, Capital Gains, Exemptions, Fiscal Cliff
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Last week was the 20th anniversary of the Family and Medical Leave Act (FMLA), and the U.S. Department of Labor (DOL) marked the occasion by publishing a Final Rule that broadens the FMLA’s reach. Following regulations proposed…more
AFCTCA, Airline Employees, DOL, Flight Crews, FMLA
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The U.S. Department of Health and Human Services (HHS) issued final regulations last week that modify many aspects of the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA) and the…more
Business Associates, Data Breach, Data Protection, Enforcement, Fundraisers
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See All Updates »
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In a 5-4 decision, the Supreme Court decided earlier this week that putative class plaintiffs could not bring a class action antitrust lawsuit unless they could show that their damages could be measured on a class-wide basis…more
Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages
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See All Updates »
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A nationwide settlement of three class actions involving claims that a creditor’s practice of using “robo-signed” affidavits in debt collection actions violated the Fair Debt Collection Practices Act (FDCPA) has been overturned…more
Class Action, Debt Collection, FDCPA, Robo-Signing
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See All Updates »
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In a decision that narrows the scope of potential liability for assignees of second mortgage loans secured by Maryland properties, the state’s intermediate appellate court recently rejected an attempt by borrowers to hold an…more
Assignees, Borrowers, Lender Liability, Mortgages
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See All Updates »
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The U.S. Departments of Labor, Treasury, and Health and Human Services have issued additional guidance on the Affordable Care Act…more
Affordable Care Act
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In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert proffered by a defendant in opposition to certification in a consumer product class…more
Class Action, Class Certification, Daubert Hearing, Expert Witness
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The New Jersey Department of Environmental Protection (NJDEP) took emergency action to reduce approval backlogs and to make it easier for those seeking to rebuild in wake of Hurricane Sandy to obtain regulatory approvals by…more
Department of Environmental Protection, Hurricane Sandy, Reconstruction, Redevelopment
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See All Updates »
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Earlier this week, the United States Court of Appeals for the Ninth Circuit reversed approval of a $45 million class action settlement that had been reached with three credit reporting agencies in Radcliffe v. Experian…more
Class Action, Experian, Incentives, Settlement
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See All Updates »
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The U.S. Department of Labor (DOL) recently issued a notice seeking comment on its proposal to collect information about “employment experiences and workers’ knowledge of basic employment laws and rules” so that it can develop a…more
DOL, Independent Contractors, Misclassification
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A law firm hired to foreclose on a property was not required under the Fair Debt Collection Practices Act (FDCPA) to inform a credit reporting agency of erroneously negative credit reports on the borrower, even if the firm was…more
Credit Reporting Agencies, Credit Reports, FDCPA, Foreclosure
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See All Updates »
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The Internal Revenue Service recently adopted long-awaited regulations intended to provide a new means of minimizing taxes in M&A transactions. The newly adopted regulations take effect on May 15, 2013, under Section 336(e) of…more
IRS
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See All Updates »
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The Colorado Court of Appeals recently held that an employee can be fired for testing positive for medical marijuana use, even though it occurred off the job, it was legal under state law, and the employee was never under the…more
Hiring & Firing, Medical Marijuana, Termination
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See All Updates »
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This week, the Obama administration released its proposed budget for the 2014 fiscal year. Notably, the budget encourages private investment in infrastructure projects through various liberalizations of the tax laws relating to…more
America Fast Forward Bonds, Barack Obama, Federal Budget, FIRPTA, Foreign Investment
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See All Updates »
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On May 7, 2013, employers must begin using a new version of Form I-9 published by the U.S. Citizenship and Immigration Services (USCIS) to verify the identity and authorization of their employees to work in the United States…more
Deadlines, Eligibility, I-9, Safe Harbors, USCIS
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See All Updates »
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A federal court in California recently awarded defendants in a patent infringement case more than $2.8 million in attorneys’ fees relating to the use of “predictive coding,” also known as “computer-assisted technology,” to…more
Attorney's Fees, Document Review, Legal Costs, Misappropriation, Patents
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A federal court recently entered a final judgment against and approved settlement agreements with several telemarketing companies charged by the Federal Trade Commission with operating a timeshare resale scam. The judgment…more
FTC, Scams, Telemarketing Sales Rule, Timeshare
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See All Updates »
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The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money…more
Do Not Call List, FTC, Money Transfer, Telemarketing, Telemarketing Sales Rule
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See All Updates »
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The Connecticut Supreme Court recently reversed, in a unanimous published opinion, a trial court's entry of summary judgment in favor of 27 defendants involved in the allegedly defective design and construction of the University…more
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The Colorado Court of Appeals recently held that an employee can be fired for testing positive for medical marijuana use, even though it occurred off the job, it was legal under state law, and the employee was never under the…more
Hiring & Firing, Medical Marijuana, Termination
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See All Updates »
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A federal court recently entered a final judgment against and approved settlement agreements with several telemarketing companies charged by the Federal Trade Commission with operating a timeshare resale scam. The judgment…more
FTC, Scams, Telemarketing Sales Rule, Timeshare
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See All Updates »
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Last week’s News Flash alerted readers that a second federal appellate court has now invalidated a NLRB recess appointment as incompatible with the meaning of the phrase, “the Recess of the Senate” in the Recess Appointment…more
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See All Updates »
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President Obama's fiscal year 2014 budget for the U.S. Department of Housing and Urban Development (HUD), released on April 10, 2013, increases funding for many programs. The budget also includes legislative language that would…more
Federal Budget, HUD, Proposed Legislation, Public Housing
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See All Updates »
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Eighty-five community development entities (CDEs) have been selected to receive $3.5 billion in New Markets Tax Credit (NMTC) allocation authority in the 2012 round of the NMTC Program. The announcement of the latest round of…more
Community Development Entities, New Market Tax Credits
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See All Updates »
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In a 5-4 decision issued on April 16, 2013, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Third Circuit and held that an unaccepted Rule 68 offer of full relief to a named plaintiff extinguished a putative…more
Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Mootness
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See All Updates »
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As we reported last week, the National Treasury Employees Union (NTU) won an election to represent over 800 of the CFPB’s 1,200 employees. The vote was 378 in favor and 86 against…more
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See All Updates »
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President Obama's fiscal year 2014 budget for the U.S. Department of Housing and Urban Development (HUD), released on April 10, 2013, increases funding for many programs. The budget also includes legislative language that would…more
Federal Budget, HUD, Proposed Legislation, Public Housing
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See All Updates »
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In This Issue:
- Kentucky County Clerks Cannot Sue MERS for Failure To Record Mortgage Assignments, Sixth Circuit Rules
- Bipartisan Policy Center Proposes New Directions for National Housing Policy
- FTC…more
Assignments, Class Action, MERS, Mortgages, Recording Requirements
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See All Updates »
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A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit has declared that President Obama acted unconstitutionally when he made three recess appointments to the National Labor Relations…more
Barack Obama, Canning v NLRB, NLRB, Pro Forma Sessions, Recess Appointments
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See All Updates »
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Public disclosure of payments from pharmaceutical, medical device, biologic, and medical supply manufacturers to physicians and hospitals will begin under a final rule on the Physician Payments Sunshine Act (Sunshine Act)…more
Biologics, CMS, Covered Entities, GPOs, Medicaid
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See All Updates »
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The U.S. Department of Labor (DOL) has published guidance on the notice that most employers must provide to their employees by October 1, 2013, about the insurance that will be available through health care marketplaces known as…more
Affordable Care Act, COBRA, DOL, Employer Group Health Plans, Health Insurance Exchanges
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See All Updates »
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The IRS recently released guidance in the form of an IRS Notice implementing a rule change under the American Taxpayer Relief Act of 2012 concerning the construction deadline that renewable energy facilities must meet to qualify…more
Begun Construction Test, Energy Projects, Investment Tax Credits, IRS, Production Tax Credit
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See All Updates »
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The George Mason University School of Law, Law & Economics Center recently hosted a conference titled “Understanding the Consumer Financial Protection Bureau,” through GMU’s Attorneys General Education Program. Founded in 2009,…more
Attorney Generals, CFPB, Loan Originator Compensation Rule, Loans, Mortgages
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See All Updates »
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The National Labor Relations Board (NLRB) has kept its focus on workplace policies it views as overly broad with a recent decision striking down a national retailer's policy prohibiting solicitation and distribution of pamphlets…more
Confidential Employer Investigations, NLRA, NLRB, Solicitation/Distribution Policies
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See All Updates »
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Federal prosecutors recently announced a $12.6 million False Claims Act (FCA) settlement with a major New Jersey health system to resolve allegations that the system paid outside physicians in order to increase referrals…more
Anti-Kickback Statute, Compliance, False Claims Act, HHS, Kickbacks
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See All Updates »
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The Obama administration recently approved more than $1.8 billion in aid to help New Jersey residents and businesses recover from Hurricane Sandy. The Community Development Block Grant (CDBG) funds for New Jersey, part of a $60…more
Chris Christie, Community Development Block Grants, Hurricane Sandy, Natural Disasters
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Last week, I had the opportunity to hear several high-ranking lawyers with the CFPB speak at PLI’s 18th Annual Consumer Financial Services Institute in Chicago. As an initial matter, the attendees owe a debt of thanks to each of…more
CFPB, Enforcement, False Advertising
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See All Updates »
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In a 5-4 decision, the Supreme Court decided earlier this week that putative class plaintiffs could not bring a class action antitrust lawsuit unless they could show that their damages could be measured on a class-wide basis…more
Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages
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See All Updates »
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The U.S. Court of Appeals for the District of Columbia Circuit has vacated a controversial rule issued by the National Labor Relations Board (NLRB) that would have required most private sector employers covered by the National…more
First Amendment, Free Speech, NLRA, NLRB, Posting Requirements
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See All Updates »
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In This Issue:
- Uniform State Test Implementation Nearing
- Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes
- Sixth Circuit…more
Amount in Controversy, CAFA, Class Action, Data Protection, Debt Collection
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See All Updates »
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The U.S. Department of Labor (DOL) has published guidance on the notice that most employers must provide to their employees by October 1, 2013, about the insurance that will be available through health care marketplaces known as…more
Affordable Care Act, COBRA, DOL, Employer Group Health Plans, Health Insurance Exchanges
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See All Updates »
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The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money…more
Do Not Call List, FTC, Money Transfer, Telemarketing, Telemarketing Sales Rule
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See All Updates »
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A law firm hired to foreclose on a property was not required under the Fair Debt Collection Practices Act (FDCPA) to inform a credit reporting agency of erroneously negative credit reports on the borrower, even if the firm was…more
Credit Reporting Agencies, Credit Reports, FDCPA, Foreclosure
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See All Updates »
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In its second opinion addressing employee terminations resulting from Facebook posts, the National Labor Relations Board (NLRB) has ordered an employer to reinstate five employees terminated for posting Facebook comments in…more
Facebook, Hiring & Firing, Hispanics United of Buffalo, NLRA, NLRB
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See All Updates »
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In This Issue:
- MERS Has Power To Assign Interest in Deed of Trust, Borrower Can Challenge Assignment of Mortgage, First Circuit Rules
- Federal Judge Refuses To Dismiss Arizona Mortgage Class Action Alleging Interest…more
CFPB, Class Action, Debt Collectors, Deed of Trust, Disclosure Requirements
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See All Updates »
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Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC) of…more
Canning v NLRB, NLRA, NLRB, Recess Appointments
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See All Updates »
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The U.S. Court of Appeals for the District of Columbia Circuit has vacated a controversial rule issued by the National Labor Relations Board (NLRB) that would have required most private sector employers covered by the National…more
First Amendment, Free Speech, NLRA, NLRB, Posting Requirements
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See All Updates »
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The Consumer Financial Protection Bureau’s second annual report to Congress on enforcement of the Fair Debt Collection Practices Act (FDCPA) confirms that debt collection will continue to be a major CFPB focus in 2013.
…more
CFPB, Debt Collection, Dodd-Frank, FDCPA, FTC
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See All Updates »
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The Office of the Inspector General (OIG) for the Department of Health and Human Services announced and solicited comments to proposed rule changes to the Electronic Health Records Safe Harbor (EHRSH) under the federal…more
Anti-Kickback Statute, Electronic Medical Records, HHS, OIG, Safe Harbors
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See All Updates »
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For straightforward real estate transactions involving a deed for consideration, the Pennsylvania realty transfer tax is based on the purchase price…more
Commercial Leases, Property Tax, Real Estate Transfers, Tax Assessment, Transfer Taxes
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See All Updates »
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For straightforward real estate transactions involving a deed for consideration, the Pennsylvania realty transfer tax is based on the purchase price…more
Commercial Leases, Property Tax, Real Estate Transfers, Tax Assessment, Transfer Taxes
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See All Updates »
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Citing the state’s jobless rate, three New Jersey state assemblymen are challenging the longstanding employer practice of restricting the post-employment activities of employees who are terminated or resign. On April 4, 2013,…more
Hiring & Firing, Non-Compete Agreements, Restrictive Covenants, Unemployment
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See All Updates »
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Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC) of…more
Canning v NLRB, NLRA, NLRB, Recess Appointments
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See All Updates »
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Federal prosecutors recently announced a $12.6 million False Claims Act (FCA) settlement with a major New Jersey health system to resolve allegations that the system paid outside physicians in order to increase referrals…more
Anti-Kickback Statute, Compliance, False Claims Act, HHS, Kickbacks
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See All Updates »
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By now, brand owners are probably aware of the new generic top-level domains (gTLDs) from the Internet Corporation for Assigned Names and Numbers (ICANN). They may have received literature from various sources about recording…more
gTLD, ICANN, Trademark Clearinghouse, Trademarks
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See All Updates »
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In a 5-4 decision, the Supreme Court decided earlier this week that putative class plaintiffs could not bring a class action antitrust lawsuit unless they could show that their damages could be measured on a class-wide basis…more
Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages
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See All Updates »
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The U.S. Department of Labor has issued a set of frequently asked questions, together with a new template, for the Summary of Benefits and Coverage (SBC) that applies to group health plans and individual health insurance. The…more
Affordable Care Act, DOL, Employer Group Health Plans, Healthcare, SBC
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See All Updates »
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The Truth in Lending Act (TILA) ban on mandatory arbitration provisions in certain mortgage loans becomes effective on June 1, 2013. Lenders now using mortgage loan documentation containing such provisions should take steps to…more
Dodd-Frank, Mandatory Arbitration Clauses, Mortgages, Regulation Z, TILA
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See All Updates »
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The IRS recently released guidance in the form of an IRS Notice implementing a rule change under the American Taxpayer Relief Act of 2012 concerning the construction deadline that renewable energy facilities must meet to qualify…more
Begun Construction Test, Energy Projects, Investment Tax Credits, IRS, Production Tax Credit
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See All Updates »
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A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit…more
Condominiums, Construction Contracts, ILSFDA, Rescission
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See All Updates »
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Among other final rules published on January 10, 2013, the CFPB issued its final mortgage escrow account rule under a section of the Dodd-Frank Act relating to the establishment of mandatory escrow accounts on higher-priced…more
CFPB, Dodd-Frank, Mortgage Escrow Account, Mortgages
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See All Updates »
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Hoping to address billions of dollars of necessary water infrastructure maintenance and improvements, the U.S. Senate passed the Water Resources Development Act (WRDA) on May 15, 2013…more
Proposed Legislation, Water, Water Infrastructure Finance and Innovation Act, Water Resources Development Act
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See All Updates »
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Commercial building owners in Philadelphia should be aware that in the coming weeks, the Mayor’s Office of Sustainability will issue proposed regulations to implement the City’s recently enacted energy and water reporting…more
Energy Efficiency, Local Ordinance, Municipalities, Reporting Requirements, Water
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See All Updates »
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The Internal Revenue Service recently adopted long-awaited regulations intended to provide a new means of minimizing taxes in M&A transactions. The newly adopted regulations take effect on May 15, 2013, under Section 336(e) of…more
IRS
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See All Updates »
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In its second opinion addressing employee terminations resulting from Facebook posts, the National Labor Relations Board (NLRB) has ordered an employer to reinstate five employees terminated for posting Facebook comments in…more
Facebook, Hiring & Firing, Hispanics United of Buffalo, NLRA, NLRB
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See All Updates »
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We blogged recently about H.R. 4014, which President Obama signed into law near the end of 2012…more
Attorney-Client Privilege, CFPB, Document Productions
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See All Updates »
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On May 7, 2013, employers must begin using a new version of Form I-9 published by the U.S. Citizenship and Immigration Services (USCIS) to verify the identity and authorization of their employees to work in the United States…more
Deadlines, Eligibility, I-9, Safe Harbors, USCIS
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See All Updates »
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Patent rights in a patented self-replicating technology, such as seeds, continue until the patent term is ended and not before. On May 13, the U.S. Supreme Court ruled in Bowman v. Monsanto that the patent rights in seeds are…more
Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion
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See All Updates »
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Seven years after entering into a separation agreement with one of its executives, Hallmark Cards, Inc. brought suit against the former employee, seeking a “full refund” of the $735,000 severance it paid her…more
Adverse Inference Instructions, Breach of Contract, Conversion, Hallmark, Misappropriation
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The Consumer Financial Protection Bureau has issued a 45-page Small Entity Compliance Guide for the Ability-to-Repay (ATR) and Qualified Mortgage Rule. The guide, published on April 10, 2013, indicates that its purpose is to…more
Ability-to-Repay, CFPB, Creditors, Qualified Mortgage Rule, Small Entity Compliance Guide
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See All Updates »
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In its Semiannual Report to Congress for the six month period ending March 31, 2013, the Federal Reserve Board’s Office of the Inspector General (OIG) indicates that, during the next semiannual reporting period (which ends…more
CFPB, Consumer Reports, Enforcement, OIG, SBREFA
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See All Updates »
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In This Issue:
- Uniform State Test Implementation Nearing
- Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes
- Sixth Circuit…more
Amount in Controversy, CAFA, Class Action, Data Protection, Debt Collection
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See All Updates »
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The Financial Crimes Enforcement Network (FinCEN) has issued formal guidance to clarify the anti-money laundering obligations of administrators and exchangers of convertible virtual currency.
“Virtual” currency, unlike…more
Anti-Money Laundering, FinCEN, Registration, Virtual Currency
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See All Updates »
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The IRS has recently proposed regulations affecting tax-exempt hospitals that provide guidance and comfort about the consequences of failing to meet the community health needs assessment (CHNA) requirement.
…more
Affordable Care Act, CHNA, Healthcare, Hospitals, IRS
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See All Updates »
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The IRS has recently proposed regulations affecting tax-exempt hospitals that provide guidance and comfort about the consequences of failing to meet the community health needs assessment (CHNA) requirement.
…more
Affordable Care Act, CHNA, Healthcare, Hospitals, IRS
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See All Updates »
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In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s offer…more
Class Action, Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk
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See All Updates »
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By now, brand owners are probably aware of the new generic top-level domains (gTLDs) from the Internet Corporation for Assigned Names and Numbers (ICANN). They may have received literature from various sources about recording…more
gTLD, ICANN, Trademark Clearinghouse, Trademarks
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See All Updates »
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Eighty-five community development entities (CDEs) have been selected to receive $3.5 billion in New Markets Tax Credit (NMTC) allocation authority in the 2012 round of the NMTC Program. The announcement of the latest round of…more
Community Development Entities, New Market Tax Credits
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See All Updates »
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An employer that deducts union dues from employees’ wages (dues checkoff) under a collective bargaining agreement (CBA) must now continue to do so after the CBA expires…more
Bethlehem Steel, Collective Bargaining, Dues Checkoff, NLRA, NLRB
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See All Updates »
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Hoping to address billions of dollars of necessary water infrastructure maintenance and improvements, the U.S. Senate passed the Water Resources Development Act (WRDA) on May 15, 2013…more
Proposed Legislation, Water, Water Infrastructure Finance and Innovation Act, Water Resources Development Act
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See All Updates »
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The Securities and Exchange Commission has issued a “no-action” letter relating to a provider of electronic-based “road shows.” The SEC stated in the letter, issued on January 29, 2013, that such presentations to retail…more
Municipal Securities Market, No-Action Letters, Road Shows, SEC, Securities Exchange Act
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See All Updates »
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A federal court recently entered a final judgment against and approved settlement agreements with several telemarketing companies charged by the Federal Trade Commission with operating a timeshare resale scam. The judgment…more
FTC, Scams, Telemarketing Sales Rule, Timeshare
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See All Updates »
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The National Labor Relations Board (NLRB) has kept its focus on workplace policies it views as overly broad with a recent decision striking down a national retailer's policy prohibiting solicitation and distribution of pamphlets…more
Confidential Employer Investigations, NLRA, NLRB, Solicitation/Distribution Policies
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See All Updates »
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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently posted a Directive on “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and…more
Criminal Background Checks, Criminal Records, Discrimination, DOL, EEOC
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See All Updates »
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The U.S. Department of the Treasury has published proposed regulations that provide guidance on how an employer may determine whether its group health plan provides “minimum value.”…more
Affordable Care Act, Employer Group Health Plans, Healthcare, Minimum Essential Coverage, Penalties
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See All Updates »
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President Obama's fiscal year 2014 budget for the U.S. Department of Housing and Urban Development (HUD), released on April 10, 2013, increases funding for many programs. The budget also includes legislative language that would…more
Federal Budget, HUD, Proposed Legislation, Public Housing
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See All Updates »
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A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit…more
Condominiums, Construction Contracts, ILSFDA, Rescission
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See All Updates »
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A law firm hired to foreclose on a property was not required under the Fair Debt Collection Practices Act (FDCPA) to inform a credit reporting agency of erroneously negative credit reports on the borrower, even if the firm was…more
Credit Reporting Agencies, Credit Reports, FDCPA, Foreclosure
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See All Updates »
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In a decision that narrows the scope of potential liability for assignees of second mortgage loans secured by Maryland properties, the state’s intermediate appellate court recently rejected an attempt by borrowers to hold an…more
Assignees, Borrowers, Lender Liability, Mortgages
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See All Updates »
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The Securities and Exchange Commission (SEC) recently charged the City of Harrisburg, Pennsylvania (the City), with misleading investors about its financial health in the annual State of the City Address, as well as in its…more
Disclosure Requirements, EMMA, SEC, Secondary Markets
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See All Updates »
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The Connecticut Supreme Court recently reversed, in a unanimous published opinion, a trial court's entry of summary judgment in favor of 27 defendants involved in the allegedly defective design and construction of the University…more
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The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money…more
Do Not Call List, FTC, Money Transfer, Telemarketing, Telemarketing Sales Rule
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Earlier this week, the United States Court of Appeals for the Ninth Circuit reversed approval of a $45 million class action settlement that had been reached with three credit reporting agencies in Radcliffe v. Experian…more
Class Action, Experian, Incentives, Settlement
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In This Issue:
- Uniform State Test Implementation Nearing
- Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes
- Sixth Circuit…more
Amount in Controversy, CAFA, Class Action, Data Protection, Debt Collection
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See All Updates »
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The state of Washington has recently amended its mortgage broker licensing statute. Under the new amendment, anyone who performs or holds themselves out as being able to provide residential mortgage loan modification services…more
Brokers, Licensing Rules, Loan Modifications, Mortgages
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See All Updates »
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The Connecticut Supreme Court recently reversed, in a unanimous published opinion, a trial court's entry of summary judgment in favor of 27 defendants involved in the allegedly defective design and construction of the University…more
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See All Updates »
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In a decision that narrows the scope of potential liability for assignees of second mortgage loans secured by Maryland properties, the state’s intermediate appellate court recently rejected an attempt by borrowers to hold an…more
Assignees, Borrowers, Lender Liability, Mortgages
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The U.S. chemical industry will invest $71.7 billion and create 537,000 direct and indirect jobs by 2020 due largely to the transformative effect of shale gas on the industry’s global competitiveness, according to the American…more
Job Creation, Natural Gas, Shale Gas
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Commercial building owners in Philadelphia should be aware that in the coming weeks, the Mayor’s Office of Sustainability will issue proposed regulations to implement the City’s recently enacted energy and water reporting…more
Energy Efficiency, Local Ordinance, Municipalities, Reporting Requirements, Water
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The CFPB announced earlier this week that it has established a “framework” with the Conference of State Bank Supervisors (CSBS) for coordination among the CFPB and state regulators on supervision and enforcement matters…more
CFPB, CSBS, Enforcement, Memorandum of Understanding, Supervision
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The Office of the Inspector General (OIG) for the Department of Health and Human Services announced and solicited comments to proposed rule changes to the Electronic Health Records Safe Harbor (EHRSH) under the federal…more
Anti-Kickback Statute, Electronic Medical Records, HHS, OIG, Safe Harbors
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The Securities and Exchange Commission (SEC) recently charged the City of Harrisburg, Pennsylvania (the City), with misleading investors about its financial health in the annual State of the City Address, as well as in its…more
Disclosure Requirements, EMMA, SEC, Secondary Markets
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The Internal Revenue Service recently adopted long-awaited regulations intended to provide a new means of minimizing taxes in M&A transactions. The newly adopted regulations take effect on May 15, 2013, under Section 336(e) of…more
IRS
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Citing the state’s jobless rate, three New Jersey state assemblymen are challenging the longstanding employer practice of restricting the post-employment activities of employees who are terminated or resign. On April 4, 2013,…more
Hiring & Firing, Non-Compete Agreements, Restrictive Covenants, Unemployment
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Last week was the 20th anniversary of the Family and Medical Leave Act (FMLA), and the U.S. Department of Labor (DOL) marked the occasion by publishing a Final Rule that broadens the FMLA’s reach. Following regulations proposed…more
AFCTCA, Airline Employees, DOL, Flight Crews, FMLA
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The Maryland Court of Appeals has ruled in Deutsche Bank National Trust Co., Trustee v. Brock that a servicer possessing an original promissory note endorsed in blank — the most common type of endorsement for thousands of notes…more
Deutsche Bank, Foreclosure, Loan Servicer, Mortgage-Backed Securities, Mortgages
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The Securities and Exchange Commission has issued a “no-action” letter relating to a provider of electronic-based “road shows.” The SEC stated in the letter, issued on January 29, 2013, that such presentations to retail…more
Municipal Securities Market, No-Action Letters, Road Shows, SEC, Securities Exchange Act
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Seven years after entering into a separation agreement with one of its executives, Hallmark Cards, Inc. brought suit against the former employee, seeking a “full refund” of the $735,000 severance it paid her…more
Adverse Inference Instructions, Breach of Contract, Conversion, Hallmark, Misappropriation
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The Consumer Financial Protection Bureau’s second annual report to Congress on enforcement of the Fair Debt Collection Practices Act (FDCPA) confirms that debt collection will continue to be a major CFPB focus in 2013.
…more
CFPB, Debt Collection, Dodd-Frank, FDCPA, FTC
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See All Updates »
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The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money…more
Do Not Call List, FTC, Money Transfer, Telemarketing, Telemarketing Sales Rule
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See All Updates »
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The New Jersey Department of Environmental Protection (NJDEP) took emergency action to reduce approval backlogs and to make it easier for those seeking to rebuild in wake of Hurricane Sandy to obtain regulatory approvals by…more
Department of Environmental Protection, Hurricane Sandy, Reconstruction, Redevelopment
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See All Updates »
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In This Issue:
- Uniform State Test Implementation Nearing
- Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes
- Sixth Circuit…more
Amount in Controversy, CAFA, Class Action, Data Protection, Debt Collection
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See All Updates »
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In keeping with its promise to provide further guidance to the industry on the recent mortgage loan rules, the Consumer Financial Protection Bureau recently proposed clarifications and changes to the ability-to-repay/qualified…more
Ability-to-Repay, CFPB, Mortgage Servicing Rules, Mortgages, Qualified Mortgage Rule
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Hoping to address billions of dollars of necessary water infrastructure maintenance and improvements, the U.S. Senate passed the Water Resources Development Act (WRDA) on May 15, 2013…more
Proposed Legislation, Water, Water Infrastructure Finance and Innovation Act, Water Resources Development Act
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In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert proffered by a defendant in opposition to certification in a consumer product class…more
Class Action, Class Certification, Daubert Hearing, Expert Witness
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Patent rights in a patented self-replicating technology, such as seeds, continue until the patent term is ended and not before. On May 13, the U.S. Supreme Court ruled in Bowman v. Monsanto that the patent rights in seeds are…more
Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion
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In This Issue:
- MERS Has Power To Assign Interest in Deed of Trust, Borrower Can Challenge Assignment of Mortgage, First Circuit Rules
- Federal Judge Refuses To Dismiss Arizona Mortgage Class Action Alleging Interest…more
CFPB, Class Action, Debt Collectors, Deed of Trust, Disclosure Requirements
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See All Updates »
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The New Jersey Department of Environmental Protection (NJDEP) took emergency action to reduce approval backlogs and to make it easier for those seeking to rebuild in wake of Hurricane Sandy to obtain regulatory approvals by…more
Department of Environmental Protection, Hurricane Sandy, Reconstruction, Redevelopment
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See All Updates »
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The U.S. Department of Health and Human Services (HHS) issued final regulations last week that modify many aspects of the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA) and the…more
Business Associates, Data Breach, Data Protection, Enforcement, Fundraisers
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See All Updates »
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The U.S. chemical industry will invest $71.7 billion and create 537,000 direct and indirect jobs by 2020 due largely to the transformative effect of shale gas on the industry’s global competitiveness, according to the American…more
Job Creation, Natural Gas, Shale Gas
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See All Updates »
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A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by the…more
Cell Phones, Damages, FTC, Penalties, TCPA
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Legislation encouraging the use of public-private partnerships (P3s) to address Maryland’s growing infrastructure needs has been passed by the General Assembly and signed into law by Governor O’Malley with bipartisan support…more
Infrastructure, New Legislation, P3s, Public-Private Partnerships
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A federal court in California recently awarded defendants in a patent infringement case more than $2.8 million in attorneys’ fees relating to the use of “predictive coding,” also known as “computer-assisted technology,” to…more
Attorney's Fees, Document Review, Legal Costs, Misappropriation, Patents
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Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results. The…more
Certified Access Specialists, Commercial Leases, Compliance, Disability, Disclosure Requirements
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See All Updates »
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In This Issue:
- Uniform State Test Implementation Nearing
- Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes
- Sixth Circuit…more
Amount in Controversy, CAFA, Class Action, Data Protection, Debt Collection
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See All Updates »
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