Dorsey & Whitney LLP

50 South Sixth Street Suite 1500
Minneapolis, MN 55402-1498, United States

  • (612) 340-2600
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Practical Guidance for Dealing with OFAC’s Recently Released Ukraine Related Sanctions Regulations and the EU’s Ukraine Sanctions

On May 8, 2014, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) issued regulations to implement three Executive Orders issued by President Obama in March regarding the situation in Ukraine. The Ukraine…more

Barack Obama, BIS, Due Diligence, EU, Executive Orders

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The Federal Circuit Opens the Door to an Additional Defense to Inducement

It is well established law that liability for inducement requires the specific intent to induce another to infringe. It is also well established law that a defendant may rely on a good faith belief that the there is no patent…more

Cisco, Induced Infringement, Infringement, Patent Infringement, Patent Litigation

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To Catch an E-Thief — Under Federal Property Law

As businesses move away from paper documents, courts are poised to broaden ‘conversion’ definition. The fundamental shift for busi­nesses in the past 15 years from paper documents to computer data has forced the courts to…more

Data Theft, Electronic Records, Electronically Stored Information, Intangible Property, Property Theft

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NLRB Implements Dramatic Changes to Union Representation Election Procedures

Late last week, the National Labor Relations Board (the “Board”) issued a long-anticipated final rule implementing dramatic changes to the procedures for union representation elections. The so-called “quickie election” or…more

Ambush Election Rules, NLRB, Union Elections, Unions

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SEC Issues Guidance on Determination and Verification of Accredited Investor Status

On July 3rd, the SEC issued guidance in the form of six new compliance and disclosure interpretations regarding accredited investor status. Two of the C&DIs relate to the calculation of income and assets for purposes of…more

Accredited Investors, C&DIs, Issuers, Rule 506(c), SEC

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Colorado Approves Financial Co-Op Plan for Marijuana Businesses

Colorado, which was the first state to legalize the possession, production and sale of recreational marijuana, has now become the first state to establish a financial system for the marijuana industry. On May 7th, the Colorado…more

DOJ, Financial Markets, FinCEN, Marijuana, New Legislation

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What’s New for the 2014 Proxy Season

Unlike in past years, there are no new disclosure requirements which need to be reflected in this year’s proxy statement; however, with ongoing shareholder activism and the desire of companies to communicate effectively with…more

Compliance, Conflict Mineral Rules, Disclosure, Dodd-Frank, Executive Compensation

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IRS Begins 409A Audit Initiative

IRS representatives have recently announced that the IRS has begun a compliance initiative project to check compliance with section 409A of the Internal Revenue Code (“409A”)…more

Audits, Compliance, Deferred Compensation, IRS, Section 409A

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Halliburton: Assessing its Impact on Securities Class Actions

On June 23, the U.S. Supreme Court announced its decision in Halliburton Co. v. Erica P. John Fund, Inc., declining to overrule the holding in Basic Inc. v. Levinson, 485 U.S. 224 (1988), which allows investors in…more

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

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Quirky Question # 238, No Laughing Matter – Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement

Question: My company relies on independent contractors, over whom we don’t exert control. They often joke around with each other. I’m not liable for employment discrimination if I terminate one of them after they complain…more

Discrimination, Employer Liability Issues, Enforcement, Hiring & Firing, Independent Contractors

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EU Securities Settlement – Changes Should Make UK Listings More Attractive to US-Based Issuers

Since the Markets in Financial Instruments Directive (“MiFID”) came into force in 2007, European legislators and market participants have sought to harmonise the diverging European securities settlement framework, with a view to…more

EU, International Harmonization, Market Participants, MiFID, Securities

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Quirky Question #241, Working for Free In Montana At A Start-Up Business

Quirky Question - I was laid off by my Montana employer and I have decided to help my brother with his start up business. I will be a 50% owner but we are not going to take a salary until revenue is substantial. An…more

Startups, Unemployment Benefits, Volunteers

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Obama Administration Announces Historic Easing of Economic Sanctions Against Cuba

On December 17, 2014, the Obama Administration announced the prospective easing of some restrictions in the U.S. economic embargo on Cuba (the “Economic Sanctions”). The Obama Administration had laid the groundwork for lifting…more

Barack Obama, Cuba, Foreign Relations, Sanctions

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Lower Burden for Wholesalers to Prove Revenue from Resellers

As a general matter, a wholesale provider may meet the Federal Communications Commission’s (“FCC”) reasonable expectation standard and establish revenue from resellers in one of two ways: (1) follow all of the guidance in the…more

FCC, Safe Harbors, Telecommunications, Wholesale

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Important Changes Under MN Data Practices Act for Public/Private Contracts for Government Functions

On May 29, 2014, the Minnesota governor signed into law Senate File 1770, which makes a company’s or private individual’s records subject to Minnesota public records law – the Minnesota Government Data Practices Act – when the…more

Contractors, Data Protection, Personally Identifiable Information

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London Court Of International Arbitration – New Rules Take Effect

As of 1 October 2014, the London Court of International Arbitration’s (LCIA) new rules (the LCIA Arbitration Rules 2014) take effect bringing about wholesale changes to the powers of LCIA arbitrators. The rules retain…more

Arbitration, Arbitrators, LCIA, UK

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House Transportation Committee P3 Panel Calls for Central P3 Office

Introduction & Background - On September 17, 2014, the Transportation and Infrastructure Committee’s Panel on Public-Private Partnerships, a special panel of the US House of Representatives, issued a report in which it…more

Department of Transportation, Economic Development, Infrastructure, P3s, Procurement Guidelines

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European Union Sanctions Against Russia - September 2014 Expansion of Sanctions

As NATO and the EU seeks to increase pressure on Russia and the Crimea, the EU expanded its sanctions against Russia on 12 September. This is the latest in a series of measures introduced since March in response to the Ukraine…more

EU, Russia, Sanctions, Ukraine

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Aereo’s Antenna Arrays and Streaming of Broadcast Programming to Individual Subscribers Found Infringing

In a significant victory for the broadcast industry, the Supreme Court has held in a 6-3 decision that Aereo’s TV streaming service is a public performance within the meaning of the Copyright Act. Aereo operates massive antenna…more

ABC, ABC v Aereo, Aereo, Broadcasting, Cable Television Providers

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Halliburton: Assessing its Impact on Securities Class Actions

On June 23, the U.S. Supreme Court announced its decision in Halliburton Co. v. Erica P. John Fund, Inc., declining to overrule the holding in Basic Inc. v. Levinson, 485 U.S. 224 (1988), which allows investors in…more

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

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The Right To Be Forgotten – What Does It Really Mean?

In a decision with far-reaching consequences, the European Court of Justice (located in Luxembourg) (“ECJ”) ruled on May 13, 2014, that E.U. citizens can demand that search engines – in this instance Google – must delete content…more

CJEU, Cybersecurity, Data Protection, EU, Internet

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Open Sesame? Not for now, Alibaba – Part 1

For months Alibaba Group Holding Limited (“Alibaba”) had tried to convince the Stock Exchange of Hong Kong Limited (“SEHK”) that they should open their doors to the internet giant. Alibaba had proposed a system through which a…more

Alibaba, Corporate Governance, Hong Kong Stock Exchange, IPO, Shareholders

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DOL Issues Notice of Proposed FMLA Rule that Offers Equal Leave Rights to Same-Sex Spouses

On June 20, 2014, the U.S. Department of Labor (“DOL”) issued a notice of proposed rulemaking regarding the definition of “spouse” under the Family and Medical Leave Act (“FMLA”). If adopted, employees in same-sex marriages will…more

DOL, DOMA, Employer Liability Issues, FMLA, Rulemaking Process

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Public–Private Partnerships Core Toll Concessions Contract Guide

On September 10, 2014, the Federal Highway Administration (“FHWA”) published its final Model Public – Private Partnerships Core Toll Concessions Contract Guide (“Guide”) presenting key concepts for the structuring and…more

Contracting Procedures, Federal Contractors, Federal Highway Administration, Highways, Infrastructure

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Alice v. CLS Bank Applied Broadly by the Federal Circuit

On Friday, the Federal Circuit released its first opinion citing the Supreme Court’s June 2014 decision in Alice Corp. v. CLS Bank. This opinion is significant because it shows how the Federal Circuit intends to follow the clear…more

Alice Corporation, Bilski, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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A Fine Season for Antitrust Enforcement in China

The World Cup has ended and visiting fans have returned home from Brazil’s hot and humid climate. Now, some companies are feeling a different kind of heat, as Chinese antitrust regulators step up their enforcement activities…more

Antitrust Litigation, China, Enforcement, Enforcement Actions, NDRC

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Build America Transportation Investment Center

On July 17, President Barack Obama announced the launch of the Build America Investment Initiative. The initiative includes a host of measures to increase infrastructure investment and economic growth, including the formation of…more

Barack Obama, Build America Investment Initiative, DOT, Economic Development, Federal Funding

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IBM Corp. v. United States—A Study in the Risks and Rewards of Including a Reservation of Rights in an Offer

Including a reservation of rights in a proposal is a delicate matter. On the one hand, it is in the contractor’s best interest to identify clearly the assumptions on which its proposal is based…more

Army, Ernst & Young, Federal Contractors, Federal Procurement Systems, General Solicitation

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Enforcement of 8(a) Subcontracting Limitations Likely to Increase

Last month, the Government Accountability Office issued a report at the request of Senator Claire McCaskill, who asked the GAO to review how federal agencies monitor the work performed by subcontractors under 8(a) contracts, and…more

Contractors, Federal Contractors, GAO, Section 8(a), Subcontractors

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The SEC Gets Serious About Late Beneficial Ownership Reporting

On September 10, 2014, the Securities and Exchange Commission (“SEC”) announced charges against 28 directors, officers and significant shareholders of public companies for repeated failures to timely report their share ownership…more

Beneficial Owner, Board of Directors, Directors, Professional Liability, Reporting Requirements

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Obama Administration Announces Historic Easing of Economic Sanctions Against Cuba

On December 17, 2014, the Obama Administration announced the prospective easing of some restrictions in the U.S. economic embargo on Cuba (the “Economic Sanctions”). The Obama Administration had laid the groundwork for lifting…more

Barack Obama, Cuba, Foreign Relations, Sanctions

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NLRB Implements Dramatic Changes to Union Representation Election Procedures

Late last week, the National Labor Relations Board (the “Board”) issued a long-anticipated final rule implementing dramatic changes to the procedures for union representation elections. The so-called “quickie election” or…more

Ambush Election Rules, NLRB, Union Elections, Unions

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Department of Justice Memorandum Regarding Legalization of Marijuana in Indian Country Raises More Questions Than Answers

On Thursday December 11, 2014, the press was abuzz about a just released Department of Justice memorandum titled “Policy Statement Regarding Marijuana Issues in Indian Country.” Some news outlets heralded the memorandum as a…more

DOJ, Marijuana, Native American Issues, Tribal Lands

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Full Disclosure in Advertising – Recent Guidance from the FTC

Enforcement efforts by the Federal Trade Commission in the area of false advertising have long emphasized the importance of disclosing material facts relevant to advertising claims to ensure that messages communicated to the…more

Advertising, Consent Order, Disclosure, Enforcement Actions, Facebook

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No Need to “Like” Us On Facebook: Some New and Some Old Contest and Sweepstakes Rules To Follow on Facebook and Beyond

Starting next week, businesses running contests and sweepstakes on Facebook will not be allowed to require users to “like” their pages as a condition of entry to a promotion. This practice, known as “like-gating,” has been one…more

Contests & Promotions, Facebook, Sweepstakes

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Lower Burden for Wholesalers to Prove Revenue from Resellers

As a general matter, a wholesale provider may meet the Federal Communications Commission’s (“FCC”) reasonable expectation standard and establish revenue from resellers in one of two ways: (1) follow all of the guidance in the…more

FCC, Safe Harbors, Telecommunications, Wholesale

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D.C. Circuit grants petition for mandamus and strongly reaffirms attorney-client privilege for internal investigations

The attorney-client privilege has long protected attorney-client communications made during the course of an internal investigation. Upjohn Co. v. United States, 449 U.S. 383 (1983). Of course, the privilege encourages “full and…more

Attorney-Client Privilege, Internal Investigations, Investigations, Upjohn Warnings, Writ of Mandamus

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Obama Administration Announces Historic Easing of Economic Sanctions Against Cuba

On December 17, 2014, the Obama Administration announced the prospective easing of some restrictions in the U.S. economic embargo on Cuba (the “Economic Sanctions”). The Obama Administration had laid the groundwork for lifting…more

Barack Obama, Cuba, Foreign Relations, Sanctions

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EU Securities Settlement – Changes Should Make UK Listings More Attractive to US-Based Issuers

Since the Markets in Financial Instruments Directive (“MiFID”) came into force in 2007, European legislators and market participants have sought to harmonise the diverging European securities settlement framework, with a view to…more

EU, International Harmonization, Market Participants, MiFID, Securities

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Equity Incentive Compensation in LLCs

In a recent post, I recommended that the typical startup should start as an LLC (limited liability company) and remain an LLC as long as possible. One ever-present challenge with LLCs is that most entrepreneurs (present company…more

Business Formation, Incentive Compensation, LLC, Private Equity, Startups

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No Password for You: California Enacts Social Media Privacy Laws Affecting Employers and Postsecondary Educational Institutions

Addressing a recent hot topic regarding the forced disclosure of social media passwords and/or content as part of the employment application process, California has promptly resolved the issue legislatively. Effective January 1,…more

Educational Institutions, Hiring & Firing, Passwords, Right to Privacy, Social Media

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International Transactions May Escape German Merger Control Even if Statutory Control Thresholds Are Exceeded - New FCO German Guidelines

In many countries turnover tests triggering merger control can be overly far-reaching and cover transactions that are “entirely foreign” and do not have any appreciable effect in the country concerned. Newly issued German…more

European Merger Control Regulation, Germany, Notice Requirements

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Utah Unemployment Law Update - Part 2

In this Issue: - Mobile Phone / Driving Laws - Unemployment Benefits - Facts - Procedural History - The Law - Court of Appeals Decision - Takeaway - Wrongful Termination - Religious…more

Appeals, Distracted Driving, Employer Liability Issues, Hiring & Firing, Mobile Devices

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Proposed Regulations in New York for ACO Certification Reflect Medicare Shared Savings Program Influence

The New York State Department of Health (“NYSDOH”) published proposed regulations (the “Proposed Regulations”) in October that establish standards for the issuance of certificates of authority to Accountable Care Organizations…more

ACOs, Department of Health, Healthcare, Medicare Shared Savings Program, Proposed Regulation

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Recent Oregon Decision: A Warning on Independent Contractor Classification

Do your “independent contractors” work from your company’s offices? Do they market their own separate businesses? Do they have the right to hire others to perform the work they perform for you? If the answer to any of these…more

Corporate Counsel, Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification

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Minnesota Issues Revenue Notice Regarding Apportionment of Compensation Paid to Nonresident Corporate Board Members

On August 25, 2014, the Minnesota Department of Revenue released Revenue Notice 14-02, which provides an alternative method of apportioning compensation earned by certain corporate directors who are not residents of Minnesota…more

Apportionment, Board of Directors, Directors, Executive Compensation, Income Taxes

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This Week In Securities Litigation

The Commission brought two FCPA cases this week, one of which was in conjunction with the DOJ. Both centered on the payments for gifts and travel in China. In addition, the SEC filed three manipulation cases, an action…more

Audits, Australia, Avon, Bribery, Brucker

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International Transactions May Escape German Merger Control Even if Statutory Control Thresholds Are Exceeded - New FCO German Guidelines

In many countries turnover tests triggering merger control can be overly far-reaching and cover transactions that are “entirely foreign” and do not have any appreciable effect in the country concerned. Newly issued German…more

European Merger Control Regulation, Germany, Notice Requirements

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OHA Provides A Lesson in Meeting the Mentor Protégé Joint Venture Exception to Affiliation

The Small Business Administration’s (“SBA”) 8(a) Mentor-Protégé Program provides a useful mechanism for 8(a) small business concerns to develop and grow by virtue of receiving various forms of assistance from qualifying mentor…more

Mentor-Protege Program, SBA, Small Business

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Quirky Question #223, Meal Periods Outside California

We have offices in 13 states, a headquarters in Iowa and a manufacturing facility in Alaska. Several employees have used our “open suggestion box” to request that we allow them to work through lunch so they can go home earlier…more

On-Duty Meal Period Waivers, Rest and Meal Break, Wage and Hour

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The United States Supreme Court’s Decision on Non-exempt Employee’s Work Day

This past Tuesday, the United States Supreme Court issued a decision in Integrity Staffing Solutions, Inc. v. Busk, No. 13-433, that clarifies when a non-exempt employee begins and ends the work day – and, therefore, when an…more

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

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Build America Transportation Investment Center

On July 17, President Barack Obama announced the launch of the Build America Investment Initiative. The initiative includes a host of measures to increase infrastructure investment and economic growth, including the formation of…more

Barack Obama, Build America Investment Initiative, DOT, Economic Development, Federal Funding

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Deadline Approaching for Disclosure of Continuing Disclosure Violations

The Securities and Exchange Commission (the SEC) recently launched its Municipalities Continuing Disclosure Cooperation Initiative (the MCDC Initiative). Obligated persons (including issuers and conduit borrowers) and…more

Bonds, Conduit Borrowing, Disclosure Requirements, Issuers, MCDC

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Ultramercial: Software Patent Invalidated After Application of Alice, Patent Eligibility Becoming Threshold Question for Litigation

The Federal Circuit recently applied Alice Corp. v. CLS Bank to invalidate all claims of a patented method for advertising over the Internet in Ultramercial, Inc. v. Hulu, LLC (Fed. Cir. November 14, 2014). Like the Supreme…more

CLS Bank v Alice Corp, Online Advertisements, Patent Litigation, Patent-Eligible Subject Matter, Patents

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What’s New for the 2014 Proxy Season

Unlike in past years, there are no new disclosure requirements which need to be reflected in this year’s proxy statement; however, with ongoing shareholder activism and the desire of companies to communicate effectively with…more

Compliance, Conflict Mineral Rules, Disclosure, Dodd-Frank, Executive Compensation

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Deadline Approaching for Disclosure of Continuing Disclosure Violations

The Securities and Exchange Commission (the SEC) recently launched its Municipalities Continuing Disclosure Cooperation Initiative (the MCDC Initiative). Obligated persons (including issuers and conduit borrowers) and…more

Bonds, Conduit Borrowing, Disclosure Requirements, Issuers, MCDC

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Alice’s Patent Invalidated as “Abstract,” But Court Declines to Articulate Standard Applicable across Industries

In deciding Alice Corp. v. CLS Bank International, the Supreme Court Thursday invalidated Alice’s patent to software for intermediated settlement of transactions – finding the patent claimed nothing more than a general computer…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Highlights of Changes to 2014 FCC Forms 499-A and 499-Q

On January 31, 2014, the Federal Communications Commission ("FCC” or “Commission”) released the 2014 FCC Forms 499-A and 499-Q and accompanying instructions…more

FCC, Filing Requirements, Safe Harbors, Telecommunications

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Aereo’s Antenna Arrays and Streaming of Broadcast Programming to Individual Subscribers Found Infringing

In a significant victory for the broadcast industry, the Supreme Court has held in a 6-3 decision that Aereo’s TV streaming service is a public performance within the meaning of the Copyright Act. Aereo operates massive antenna…more

ABC, ABC v Aereo, Aereo, Broadcasting, Cable Television Providers

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Employers: Take Precautions Now to Prepare for the Potential Ebola Threat

As a general business practice, employers should routinely anticipate and prepare for emergencies to ensure minimal interruption to their business. While West Africa is experiencing the largest Ebola epidemic in history, there…more

Best Management Practices, CDC, Ebola, Employer Liability Issues, Employment Policies

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One person’s gift, another person’s bribe: The challenge of giving gifts in China, Part 1

It was the week before Chinese New Year. The financial year had ended weeks earlier and unpaid invoices had made a dent in the annual performance of the small family business. For months, the foreign husband, a co-owner of the…more

China, Compliance, Corporate Gifts, Ethics, Holiday Gifts

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Supreme Court Rejection of Duty of Prudence Presumption—What Does it Mean for Retirement Plans?

On June 25, 2014, the Supreme Court, in a unanimous decision, ruled in Fifth Third Bancorp v. Dudenhoeffer that there is no “presumption” of prudence extended to fiduciaries of employer stock ownership plans (“ESOPs”) in their…more

ERISA, ESOP, Fiduciary Duty, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company

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TUPE – What Will The 2014 Changes Bring?

Following a 2-year consultation process, legislation comes into force on 31 January 2014 to amend ‘TUPE’, the Transfer of Undertakings (Protection of Employment) Regulations 2006. The 2006 TUPE regulations provide for the…more

Employee Rights, TUPE, UK

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Impact of the Supreme Court’s Hobby Lobby Stores Decision

On June 30, 2014, in Hobby Lobby Stores, the Supreme Court held that corporations are persons for purposes of the Religious Freedom Restoration Act (“RFRA”) and, as a result, if a corporation has a sincerely held religious…more

Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Employer Mandates, ERISA

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Abort Fees: Make Sure You Engage

In the second half of 2013 the case of Daniel Stewart & Company Plc v Environmental Waste Control Plc [2013] EWHC 1763 (QB) raised points to consider when drafting abort fee provisions in engagement letters. …more

Contract Formation, Engagement Letters, Fees

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SEC Releases Long Awaited Rules on Regulation A+

On December 18, the Securities and Exchange Commission released their long-awaited proposed rules on Regulation A+. The proposed rules, which are intended to increase access to the capital markets for smaller issuers, were…more

Blue Sky Laws, JOBS Act, Preemption, Regulation A, Reporting Requirements

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United States Patent and Trademark Office issues guidance in the wake of Myriad and Prometheus decisions

On March 4th, the United States Patent and Trademark Office issued formal guidelines for the determination of patent-eligible subject matter in the wake of two recent U.S. Supreme Court cases: Association for Molecular Pathology…more

AMP v Myriad, Mayo v. Prometheus, Patent-Eligible Subject Matter, Pharmaceutical, USPTO

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OSHA Updates Reporting and Recordkeeping Rules

OSHA has updated its reporting and recordkeeping rules for employers. The key item to note is that all employers (regardless of size or number of employees) must now report serious workplace injuries involving hospitalization…more

Compliance, OSHA, Recordkeeping Requirements, Reporting Requirements

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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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Proposed Revisions to the DoD’s FOIA Procedures

It is common for Government contractors to utilize the Freedom of Information Act (FOIA) to obtain documents relevant to their business development, operations, and – often – claims. While FOIA requests can be a cost-effective…more

Confidential Information, Disclosure Requirements, DOD, Federal Contractors, FOIA

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Supreme Court Rejection of Duty of Prudence Presumption—What Does it Mean for Retirement Plans?

On June 25, 2014, the Supreme Court, in a unanimous decision, ruled in Fifth Third Bancorp v. Dudenhoeffer that there is no “presumption” of prudence extended to fiduciaries of employer stock ownership plans (“ESOPs”) in their…more

ERISA, ESOP, Fiduciary Duty, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company

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House Transportation Committee P3 Panel Calls for Central P3 Office

Introduction & Background - On September 17, 2014, the Transportation and Infrastructure Committee’s Panel on Public-Private Partnerships, a special panel of the US House of Representatives, issued a report in which it…more

Department of Transportation, Economic Development, Infrastructure, P3s, Procurement Guidelines

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New Foreign Investment Filing Requirement in Effect - Why, Whether and Which BE-13 to File

The U.S. Bureau of Economic Analysis recently launched the BE-13, Survey of New Foreign Direct Investment in the United States. There are civil penalties, injunctive relief and criminal penalties for failing to file BE-13 when…more

Bureau of Economic Analysis, Filing Requirements, Foreign Investment, Multinationals

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Ninth Circuit Raises The Bar For Plaintiffs Seeking Trademark Injunctions

The Ninth Circuit’s recent decision in Herb Reed Enterprises, LLC v. Florida Entertainment Management Inc. increases the burden on trademark plaintiffs seeking preliminary injunctions. The case is the first decision from a…more

eBay, Injunctions, Irreparable Harm, Trademarks

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Quirky Question #219, Is Unemployment Status a Protected Category?

Quirky Question: We recently interviewed an applicant with a very spotty resume; there were repeated gaps in his employment history which were apparent from his resume. He was not hired and called HR to complain that it…more

Protected Class, Unemployment

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Quirky Question #236, “I need some time off to give my daughter a mental boost…”

Question: We employ a very elderly lady, Agnes. In fact, she’s a great-grandmother. See has asked to take some time off under the Family and Medical Leave Act. See tells us that her daughter Beatrice is out of the…more

Employee Rights, Employer Liability Issues, FMLA

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NLRB Implements Dramatic Changes to Union Representation Election Procedures

Late last week, the National Labor Relations Board (the “Board”) issued a long-anticipated final rule implementing dramatic changes to the procedures for union representation elections. The so-called “quickie election” or…more

Ambush Election Rules, NLRB, Union Elections, Unions

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FCC Sets Comment Deadlines for Notice of Proposed Rulemaking on Environmental and Historic Review Processes for Small Cell and Distributed Antenna Systems

The Federal Communications Commission (“FCC” or “Commission”) recently released a Public Notice setting comment deadlines for its September 26, 2013 Notice of Proposed Rulemaking (“NPRM”) on improving wireless facilities siting…more

Cell Towers, Environmental Policies, FAA, FCC, Infrastructure

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Public–Private Partnerships Core Toll Concessions Contract Guide

On September 10, 2014, the Federal Highway Administration (“FHWA”) published its final Model Public – Private Partnerships Core Toll Concessions Contract Guide (“Guide”) presenting key concepts for the structuring and…more

Contracting Procedures, Federal Contractors, Federal Highway Administration, Highways, Infrastructure

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Hart-Scott-Rodino Reporting Thresholds Raised

On January 17, 2014, the Federal Trade Commission announced the annual adjustment to the thresholds that trigger reporting obligations under the Hart-Scott-Rodino Act (HSR Act). Like eight of the past nine annual adjustments,…more

Acquisitions, Bazaarvoice Inc, DOJ, FTC, Hart-Scott-Rodino Act

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Are You Sick of New Employment Laws? California Enacts Mandatory Paid Sick Leave Law

Effective July 15, 2015, California employers must provide paid sick leave to any employee who works at least 30 days in the state. The newly signed Healthy Workplaces, Healthy Families Act of 2014 (the “Act”), which previously…more

Employee Rights, Paid Leave, Sick Leave

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The Amended PRC Company Law - More Flexibility in Establishing Companies (But With Conditions)

The new PRC Company Law, which took effect on March 1, 2014, overhauled long-standing registered capital requirements and streamlined the process of setting up companies in China. It simplified the requirements and process for…more

Amended Regulation, Business Formation, China, Free Trade Zone, PRC Labor Contract Laws

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Supreme Court Invalidates EPA’s Greenhouse Gas Tailoring Rule: What Now If You Own or Operate a Large Stationary Source of Greenhouse Gases?

Last Monday, the Supreme Court issued its highly-anticipated opinion in Utility Air Regulatory Group v. EPA, No. 12-1146 (June 23, 2014), partially upholding and partially invalidating EPA’s 2010 regulations governing stationary…more

Carbon Emissions, Clean Air Act, EPA, Greenhouse Gas Emissions, Power Plants

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Wellness Watch

According to reports, more than half of all businesses with over 200 employees ask employees to participate in biometric screening, and nearly 10% of them provide a financial incentive for employees to participate. As a part of…more

ADA, Affordable Care Act, Biometric Information, EEOC, Employee Benefits

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CFPB Issues Proposed Rules for Prepaid Products

On November 13, 2014, the Consumer Financial Protection Bureau (“CFPB”) proposed new rules for prepaid accounts, to be effectuated through amendments to the regulations implementing the Electronic Fund Transfer Act and the Truth…more

CFPB, Popular, Prepaid Payment Products, Proposed Regulation, Regulation E

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Wellness Watch

According to reports, more than half of all businesses with over 200 employees ask employees to participate in biometric screening, and nearly 10% of them provide a financial incentive for employees to participate. As a part of…more

ADA, Affordable Care Act, Biometric Information, EEOC, Employee Benefits

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E-Discovery Under the Minnesota Rules: Where We've Been, Where We Might Be Headed

This article reviews the history of discovery in Minnesota practice under the Minnesota Rules of Civil Procedure, analyzes the place of electronic discovery in Minnesota today, and attempts to predict how the courts may deal…more

Electronically Stored Information, Legal History, Predictive Coding

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Survival of Non-Binding LOI Provisions Does Not Make Them Binding

On September 30, 2014, the Delaware Supreme Court reversed a jury verdict finding that ev3, Inc. breached its contractual obligation to the shareholders of Appriva Medical, Inc., a company purchased by ev3. In ev3, Inc. v Lesh,…more

Breach of Contract, Contract Negotiations, Integration Clauses, Letters of Intent, Merger Agreements

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PRC State Administration of Foreign Exchange’s New Rules on Cross-Border Guarantees and Security Trigger Offshore Bond Issuances

On May 19, 2014, the PRC State Administration of Foreign Exchange (“SAFE”) formally issued and published the Foreign Exchange Administration Regulations on Cross-Border Guarantees and Security (the “Regulations”), which came…more

China, Financial Guarantee Requirements, SAFE

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It Is That Time of Year Again! Only One Month Left to Prepare Cap-Subject H-1B Visa Petitions for April 1, 2014 Filing Deadline

Dorsey & Whitney immigration professionals would like to remind you that the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting H-1B petitions that are subject to the FY 2015 numerical limitation (the…more

DOL, H-1B, LCA, USCIS, Visa Caps

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Open Sesame? Not for now, Alibaba – Part 1

For months Alibaba Group Holding Limited (“Alibaba”) had tried to convince the Stock Exchange of Hong Kong Limited (“SEHK”) that they should open their doors to the internet giant. Alibaba had proposed a system through which a…more

Alibaba, Corporate Governance, Hong Kong Stock Exchange, IPO, Shareholders

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The United States Supreme Court’s Decision on Non-exempt Employee’s Work Day

This past Tuesday, the United States Supreme Court issued a decision in Integrity Staffing Solutions, Inc. v. Busk, No. 13-433, that clarifies when a non-exempt employee begins and ends the work day – and, therefore, when an…more

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

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Minnesota Issues Revenue Notice Regarding Apportionment of Compensation Paid to Nonresident Corporate Board Members

On August 25, 2014, the Minnesota Department of Revenue released Revenue Notice 14-02, which provides an alternative method of apportioning compensation earned by certain corporate directors who are not residents of Minnesota…more

Apportionment, Board of Directors, Directors, Executive Compensation, Income Taxes

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Quirky Question #223, Meal Periods Outside California

We have offices in 13 states, a headquarters in Iowa and a manufacturing facility in Alaska. Several employees have used our “open suggestion box” to request that we allow them to work through lunch so they can go home earlier…more

On-Duty Meal Period Waivers, Rest and Meal Break, Wage and Hour

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DOL Issues Notice of Proposed FMLA Rule that Offers Equal Leave Rights to Same-Sex Spouses

On June 20, 2014, the U.S. Department of Labor (“DOL”) issued a notice of proposed rulemaking regarding the definition of “spouse” under the Family and Medical Leave Act (“FMLA”). If adopted, employees in same-sex marriages will…more

DOL, DOMA, Employer Liability Issues, FMLA, Rulemaking Process

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Organic Internet Growth: New .ORGANIC Domain Names Launch

If an organic standards body has approved you or your product, you are likely eligible to register an .organic domain name. Interested brand owners should apply as soon as possible and before the sunrise period closes on…more

Domain Names, Farms, Food Manufacturers, gTLD, Internet Retailers

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Website Blocking Orders - A New Tool in the Fight Against Online Trade in Counterfeit Goods

There are many ways in which online trade in counterfeit goods can be tackled. Unfortunately, they are often ineffective and in many cases expensive…more

Copyright, Counterfeiting, EU, Internet, UK

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NLRB Implements Dramatic Changes to Union Representation Election Procedures

Late last week, the National Labor Relations Board (the “Board”) issued a long-anticipated final rule implementing dramatic changes to the procedures for union representation elections. The so-called “quickie election” or…more

Ambush Election Rules, NLRB, Union Elections, Unions

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Organic Internet Growth: New .ORGANIC Domain Names Launch

If an organic standards body has approved you or your product, you are likely eligible to register an .organic domain name. Interested brand owners should apply as soon as possible and before the sunrise period closes on…more

Domain Names, Farms, Food Manufacturers, gTLD, Internet Retailers

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U.S. Supreme Court Reaffirms the Doctrine of Tribal Sovereign Immunity in Bay Mills Decision

On Tuesday, the U.S. Supreme Court issued a decision, highly anticipated by Indian tribes and Indian law practitioners, in Michigan v. Bay Mills Indian Community, et al. In a 5-4 split, the Court reaffirmed the doctrine of…more

Casinos, Indian Gaming, Michigan v Bay Mills Indian Cmty, SCOTUS, Sovereign Immunity

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The Uphill Climb Continues for Privacy Class Actions: Ninth Circuit Affirms Dismissal of Claims Against Facebook, Zynga

On May 8, 2014, the U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Northern District of California’s decision to dismiss with prejudice consolidated consumer class-action claims against the…more

Class Action, Corporate Counsel, Dismissals, ECPA, Electronic Communications

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IRS Begins 409A Audit Initiative

IRS representatives have recently announced that the IRS has begun a compliance initiative project to check compliance with section 409A of the Internal Revenue Code (“409A”)…more

Audits, Compliance, Deferred Compensation, IRS, Section 409A

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Quirky Question #248, Is arbitration really better than court?

Question: My company is considering implementing a policy of mandatory arbitration of employment disputes. Putting aside the legal considerations, is this practically a good idea?…more

Arbitration, Arbitrators, Confidentiality, Evidence

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US China Trade War–Developments in Trade , TAA, 337/IP, Antitrust and Securities

There have been major developments in the trade politics, trade, trade agreements, trade adjustment assistance, 337/IP, US/Chinese antitrust, and securities areas. This month the blog post has grown substantially because…more

Antitrust Provisions, China, Trade Policy

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Minnesota Issues Revenue Notice Regarding Apportionment of Compensation Paid to Nonresident Corporate Board Members

On August 25, 2014, the Minnesota Department of Revenue released Revenue Notice 14-02, which provides an alternative method of apportioning compensation earned by certain corporate directors who are not residents of Minnesota…more

Apportionment, Board of Directors, Directors, Executive Compensation, Income Taxes

See All Updates »

Proposed Regulations in New York for ACO Certification Reflect Medicare Shared Savings Program Influence

The New York State Department of Health (“NYSDOH”) published proposed regulations (the “Proposed Regulations”) in October that establish standards for the issuance of certificates of authority to Accountable Care Organizations…more

ACOs, Department of Health, Healthcare, Medicare Shared Savings Program, Proposed Regulation

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Message from New York Court: Rely on CGL Policy Coverage for Data Breaches at Your Own Peril

A New York trial court announced a decision on February 21, 2014, that may be a harbinger of wide-reaching limitations on insurance coverage for data breaches under commercial general liability (CGL) policies. The court’s…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Breach, FBI

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Minnesota National Guard to Fight Ebola in Liberia

Last week, Defense Secretary Chuck Hagel ordered nearly 700 Minnesota National Guard members to deploy to Liberia this spring to help fight the Ebola epidemic. The citizen-soldiers are scheduled to start training in March with…more

Ebola, Foreign Deployment, Liberia, National Guard

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SEC Releases Long Awaited Rules on Regulation A+

On December 18, the Securities and Exchange Commission released their long-awaited proposed rules on Regulation A+. The proposed rules, which are intended to increase access to the capital markets for smaller issuers, were…more

Blue Sky Laws, JOBS Act, Preemption, Regulation A, Reporting Requirements

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3 Fundraising Mistakes Startup Entrepreneurs Make (and How to Avoid Them)

Some startups want to tout big fundraising numbers. Resist that urge. Focus on a smart valuation and return focus to the product…more

Business Formation, Fundraisers, Legal Perspectives, Startups, Venture Capital

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PRC State Administration of Foreign Exchange’s New Rules on Cross-Border Guarantees and Security Trigger Offshore Bond Issuances

On May 19, 2014, the PRC State Administration of Foreign Exchange (“SAFE”) formally issued and published the Foreign Exchange Administration Regulations on Cross-Border Guarantees and Security (the “Regulations”), which came…more

China, Financial Guarantee Requirements, SAFE

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Aereo’s Antenna Arrays and Streaming of Broadcast Programming to Individual Subscribers Found Infringing

In a significant victory for the broadcast industry, the Supreme Court has held in a 6-3 decision that Aereo’s TV streaming service is a public performance within the meaning of the Copyright Act. Aereo operates massive antenna…more

ABC, ABC v Aereo, Aereo, Broadcasting, Cable Television Providers

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EU Securities Settlement – Changes Should Make UK Listings More Attractive to US-Based Issuers

Since the Markets in Financial Instruments Directive (“MiFID”) came into force in 2007, European legislators and market participants have sought to harmonise the diverging European securities settlement framework, with a view to…more

EU, International Harmonization, Market Participants, MiFID, Securities

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2014 Changes to the Minnesota Business Corporation Act

On April 25, 2014, Governor Mark Dayton signed House Bill H.F. No. 2190, which makes a number of changes to Chapter 302A of the Minnesota Statutes, the Minnesota Business Corporation Act (the “MBCA”). These changes will go into…more

Corporate Conversions, Corporations Code, Cross-Border, Dissenters Rights, Mergers

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Monumental Change Announced for Alaska Native Tribes—BIA will Allow Alaskan Land to be Taken into Trust

On December 19, 2014, the Bureau of Indian Affairs announced the promulgation of a final rule that will allow land to be taken into trust for federally-recognized tribes in Alaska. Allowing trust lands in Alaska is a seismic…more

Alaska, Bureau of Indian Affairs, Economic Development, Final Rules, Indian Tribal Trusts

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Good Faith in Government Contracting: Board of Contract Appeals Adheres to Reasonableness Standard Revived by the Federal Circuit in Metcalf Construction v. U.S.

Ever since the Federal Circuit’s 2010 decision in Precision Pine & Timber, Inc. v. U.S., the controlling standard for the government’s duty of good faith and fair dealing has been in flux. Prior to Precision Pine, it was…more

Commercial Contracts, Covenant of Good Faith and Fair Dealing, Federal Contractors, Governmental Liability, Reasonableness Factors

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D.C. Circuit grants petition for mandamus and strongly reaffirms attorney-client privilege for internal investigations

The attorney-client privilege has long protected attorney-client communications made during the course of an internal investigation. Upjohn Co. v. United States, 449 U.S. 383 (1983). Of course, the privilege encourages “full and…more

Attorney-Client Privilege, Internal Investigations, Investigations, Upjohn Warnings, Writ of Mandamus

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Message from New York Court: Rely on CGL Policy Coverage for Data Breaches at Your Own Peril

A New York trial court announced a decision on February 21, 2014, that may be a harbinger of wide-reaching limitations on insurance coverage for data breaches under commercial general liability (CGL) policies. The court’s…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Breach, FBI

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OFCCP Publishes Final Rule Prohibiting Discrimination against LGBT Employees of Federal Contractors

On December 9, 2014, the Office of Federal Contract Compliance Programs published its Final Rule implementing Executive Order 13672, which extended protection against workplace discrimination to lesbian, gay, bisexual and…more

Barack Obama, Executive Orders, Federal Contractors, Final Rules, Gender Discrimination

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A Constitutional Challenge to a Different Kind of Gun Control Legislation

A lawsuit was filed earlier this week which challenges the constitutionality of Cal. Penal Code § 26820, a California statute aimed at regulating the sale of guns. Tracy Rifle & Pistol LLC v. Harris (E.D. Cal. filed Nov. 10,…more

First Amendment, Gun Laws, Second Amendment

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SEC Playing Bigger Role in Cybersecurity

Besides clarifying disclosure requirements,the agency is prompting companies to take proactive steps. Cybersecurity threats have reached a point where they cannot go ignored by any government agency, even the U.S…more

Cybersecurity, Data Protection, HITECH, Popular, SEC

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Quirky Question #228, E-Cigarettes: To Vape or Not to Vape at the Workplace”

Our California company has a no smoking policy but had not thought to include a ban on e-cigarettes, as we had not experienced any problems with them at the workplace until now. A handful of our employees use e-cigarettes…more

E-Cigarettes, Employer Liability Issues, Employment Policies, Starbucks, Wal-Mart

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Wellness Watch

According to reports, more than half of all businesses with over 200 employees ask employees to participate in biometric screening, and nearly 10% of them provide a financial incentive for employees to participate. As a part of…more

ADA, Affordable Care Act, Biometric Information, EEOC, Employee Benefits

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American Arbitration Association Adopts New Appellate Rules

The American Arbitration Association (“AAA”) has now adopted Optional Appellate Arbitration Rules. The Appellate Rules, which became effective November 1, 2013, provide an optional appellate process for arbitrations before the…more

American Arbitration Association, Appeals, Appellate Rules, ICDR

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7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

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OFCCP Publishes Final Rule Prohibiting Discrimination against LGBT Employees of Federal Contractors

On December 9, 2014, the Office of Federal Contract Compliance Programs published its Final Rule implementing Executive Order 13672, which extended protection against workplace discrimination to lesbian, gay, bisexual and…more

Barack Obama, Executive Orders, Federal Contractors, Final Rules, Gender Discrimination

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Alice’s Patent Invalidated as “Abstract,” But Court Declines to Articulate Standard Applicable across Industries

In deciding Alice Corp. v. CLS Bank International, the Supreme Court Thursday invalidated Alice’s patent to software for intermediated settlement of transactions – finding the patent claimed nothing more than a general computer…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Anti-Corruption Digest - April 2014

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. Anti-corruption enforcement crosses boundaries like no other, so keeping up to date is more important than ever. In this digest, we draw together news of enforcement…more

Anti-Corruption, Chief Compliance Officers, Compliance, Corruption, Enforcement

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Monumental Change Announced for Alaska Native Tribes—BIA will Allow Alaskan Land to be Taken into Trust

On December 19, 2014, the Bureau of Indian Affairs announced the promulgation of a final rule that will allow land to be taken into trust for federally-recognized tribes in Alaska. Allowing trust lands in Alaska is a seismic…more

Alaska, Bureau of Indian Affairs, Economic Development, Final Rules, Indian Tribal Trusts

See All Updates »

Full Disclosure in Advertising – Recent Guidance from the FTC

Enforcement efforts by the Federal Trade Commission in the area of false advertising have long emphasized the importance of disclosing material facts relevant to advertising claims to ensure that messages communicated to the…more

Advertising, Consent Order, Disclosure, Enforcement Actions, Facebook

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Ultramercial: Software Patent Invalidated After Application of Alice, Patent Eligibility Becoming Threshold Question for Litigation

The Federal Circuit recently applied Alice Corp. v. CLS Bank to invalidate all claims of a patented method for advertising over the Internet in Ultramercial, Inc. v. Hulu, LLC (Fed. Cir. November 14, 2014). Like the Supreme…more

CLS Bank v Alice Corp, Online Advertisements, Patent Litigation, Patent-Eligible Subject Matter, Patents

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Monumental Change Announced for Alaska Native Tribes—BIA will Allow Alaskan Land to be Taken into Trust

On December 19, 2014, the Bureau of Indian Affairs announced the promulgation of a final rule that will allow land to be taken into trust for federally-recognized tribes in Alaska. Allowing trust lands in Alaska is a seismic…more

Alaska, Bureau of Indian Affairs, Economic Development, Final Rules, Indian Tribal Trusts

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Alice v. CLS Bank Applied Broadly by the Federal Circuit

On Friday, the Federal Circuit released its first opinion citing the Supreme Court’s June 2014 decision in Alice Corp. v. CLS Bank. This opinion is significant because it shows how the Federal Circuit intends to follow the clear…more

Alice Corporation, Bilski, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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London Court Of International Arbitration – New Rules Take Effect

As of 1 October 2014, the London Court of International Arbitration’s (LCIA) new rules (the LCIA Arbitration Rules 2014) take effect bringing about wholesale changes to the powers of LCIA arbitrators. The rules retain…more

Arbitration, Arbitrators, LCIA, UK

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The Continuing Far Reach of the False Claims Act

Since 2009, when Congress preserved and expanded the reach of the False Claims Act (“FCA”) through the Fraud Enforcement and Recovery Act (“FERA”), Government contractors have seen a vast increase in FCA lawsuits and questions…more

Cisco, E-Rates, Enforcement, False Claims Act, FCC

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Bitcoin – Haven In Hong Kong? - Part Ten

“Virtual currencies” in general, and bitcoin in particular, continue to attract media attention as well as intense public and regulatory scrutiny. The regulators seem to have realized that the bitcoin genie is out of the bottle…more

Bitcoins, Hong Kong, Popular, Virtual Currency

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Post Limelight v. Akamai, Are Multi-actor Method Patent Claims D.O.A.?

The Supreme Court’s decision in Limelight v. Akamai yesterday requires a single actor, direct infringer to exist as a prerequisite to any finding of direct or indirect infringement. This decision, in view of the Federal…more

Akamai Technologies, Direct Infringement, E-Commerce, En Banc Review, Induced Infringement

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2014 Amendments to the Delaware General Corporation Law

On July 15, 2014, Delaware Governor Jack Markell signed Delaware House Bill No. 329, which makes a number of noteworthy changes to the Delaware General Corporation Law. The 2014 amendments address: (1) mergers under DGCL Section…more

Corporate Governance, Delaware General Corporation Law, Proposed Amendments

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2014 Changes to the Minnesota Business Corporation Act

On April 25, 2014, Governor Mark Dayton signed House Bill H.F. No. 2190, which makes a number of changes to Chapter 302A of the Minnesota Statutes, the Minnesota Business Corporation Act (the “MBCA”). These changes will go into…more

Corporate Conversions, Corporations Code, Cross-Border, Dissenters Rights, Mergers

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Supreme Court Rejection of Duty of Prudence Presumption—What Does it Mean for Retirement Plans?

On June 25, 2014, the Supreme Court, in a unanimous decision, ruled in Fifth Third Bancorp v. Dudenhoeffer that there is no “presumption” of prudence extended to fiduciaries of employer stock ownership plans (“ESOPs”) in their…more

ERISA, ESOP, Fiduciary Duty, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company

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Ninth Circuit Raises The Bar For Plaintiffs Seeking Trademark Injunctions

The Ninth Circuit’s recent decision in Herb Reed Enterprises, LLC v. Florida Entertainment Management Inc. increases the burden on trademark plaintiffs seeking preliminary injunctions. The case is the first decision from a…more

eBay, Injunctions, Irreparable Harm, Trademarks

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“Natural” Clones Are Ineligible for Patent Protection

Last week, in In re Roslin Institute (Edinburgh), the Federal Circuit affirmed the rejection by the United States Patent and Trademark Office (USPTO) of product claims covering cloned mammals. This case relates to Dolly,…more

DNA, Genetic Materials, Patent-Eligible Subject Matter, Patents, Roslin

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Obama Administration Announces Historic Easing of Economic Sanctions Against Cuba

On December 17, 2014, the Obama Administration announced the prospective easing of some restrictions in the U.S. economic embargo on Cuba (the “Economic Sanctions”). The Obama Administration had laid the groundwork for lifting…more

Barack Obama, Cuba, Foreign Relations, Sanctions

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Supreme Court Lowers the Bar for Prevailing Parties to Recover Attorney Fees in Patent Litigation

Two decisions handed down by the United States Supreme Court on April 29 will make it easier for a party wrongfully sued for patent infringement to recover attorney fees. As such, the decisions have the potential to…more

Attorney's Fees, Exceptional Case, Highmark v. Allcare, Octane Fitness v. ICON, Patent Litigation

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Supreme Court Lowers the Bar for Prevailing Parties to Recover Attorney Fees in Patent Litigation

Two decisions handed down by the United States Supreme Court on April 29 will make it easier for a party wrongfully sued for patent infringement to recover attorney fees. As such, the decisions have the potential to…more

Attorney's Fees, Exceptional Case, Highmark v. Allcare, Octane Fitness v. ICON, Patent Litigation

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Minnesota Income Tax Residency Law— Recent Developments and Planning Considerations

On April 16, 2014, the Minneapolis Star Tribune published an article by Adam Belz titled, “Minnesota’s wealthy caught in a tight tax net over residency.” The article discussed the Minnesota Department of Revenue’s approach to…more

Audits, Department of Revenue, Domicile, Residency Requirements, Residency Status

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No Password for You: California Enacts Social Media Privacy Laws Affecting Employers and Postsecondary Educational Institutions

Addressing a recent hot topic regarding the forced disclosure of social media passwords and/or content as part of the employment application process, California has promptly resolved the issue legislatively. Effective January 1,…more

Educational Institutions, Hiring & Firing, Passwords, Right to Privacy, Social Media

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IRS Publishes Two Notices with Additional Guidance for Tax-Exempt Hospitals Regarding Section 501(r) Compliance

On December 30, 2013, the Internal Revenue Service (“IRS”) released two notices related to Section 501(r) of the Internal Revenue Code of 1986, as amended (the “Code”) which should be of interest to tax-exempt hospitals. The…more

Exempt Organizations, Healthcare, Hospitals, IRS

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The United States Supreme Court’s Decision on Non-exempt Employee’s Work Day

This past Tuesday, the United States Supreme Court issued a decision in Integrity Staffing Solutions, Inc. v. Busk, No. 13-433, that clarifies when a non-exempt employee begins and ends the work day – and, therefore, when an…more

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

See All Updates »

Private Employers Now Face Sarbanes-Oxley Whistleblower Protections

On Tuesday, the United States Supreme Court issued a ruling that dramatically expands the reach of whistleblower protection under the Sarbanes-Oxley Act of 2002 (“SOX”). The Court’s decision in Lawson v. FMR, LLC, 571 U.S. __…more

Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS

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CFPB Issues Proposed Rules for Prepaid Products

On November 13, 2014, the Consumer Financial Protection Bureau (“CFPB”) proposed new rules for prepaid accounts, to be effectuated through amendments to the regulations implementing the Electronic Fund Transfer Act and the Truth…more

CFPB, Popular, Prepaid Payment Products, Proposed Regulation, Regulation E

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D.C. Circuit grants petition for mandamus and strongly reaffirms attorney-client privilege for internal investigations

The attorney-client privilege has long protected attorney-client communications made during the course of an internal investigation. Upjohn Co. v. United States, 449 U.S. 383 (1983). Of course, the privilege encourages “full and…more

Attorney-Client Privilege, Internal Investigations, Investigations, Upjohn Warnings, Writ of Mandamus

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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alaska
  • California
  • Colorado
  • D.C.
  • Delaware
  • Iowa
  • Minnesota
  • Montana
  • New York
  • North Dakota
  • Utah
  • Washington
Other Countries
  • Canada
  • China
  • Hong Kong
  • United Kingdom
Number of Attorneys

100+ Attorneys

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