Faegre Baker Daniels

Indiana Tax Court Affirms Reclassification of Wooded Land from Excess Residential to Agricultural

On January 29, 2016, the Indiana Tax Court in DeKalb County Assessor v. Chavez upheld the decision by the Indiana Board of Tax Review to reclassify 2.72 acres of land from excess residential to agricultural for the March 1,…more
| Agriculture, Taxation, Zoning, Planning & Land Use

Indiana Supreme Court Greenlights Commercial Courts Pilot Project

In January 2016, the Indiana Supreme Court unanimously approved the creation of a three-year commercial court pilot project in the state of Indiana, with a goal of providing faster case resolutions, more predictable outcomes and…more
| Civil Procedure

Ask Permission, Not Forgiveness: PTAB Authorization Required Before Filing Anything With Patent Office, Even Before Trial Is Instituted

To fix clerical or typographical errors, patent owners typically file a request for a certificate of correction with the U.S. Patent and Trademark Office (USPTO). However, during an inter partes review (IPR) proceeding, the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

FTC Supports Easing Dental Hygienist Restrictions, Increasing Access to Underserved

The Federal Trade Commission (FTC or Commission) released a statement on January 29 in support of a Georgia state bill that would further relax supervision requirements for dental hygienists. The proposed bill would expand the…more
| Antitrust & Trade Regulation, Health

From Safe Harbor to Privacy Shield

After months of negotiations with the U.S. government, the European Commission (the EU’s executive arm) has announced a new scheme for data transfers, the EU-U.S. Privacy Shield. This is intended to replace the Safe Harbor…more
| Commercial Law & Contracts, International Law & Trade, Privacy

New Reporting Obligations Under the Modern Slavery Act 2015: Is Your Business Ready?

The Modern Slavery Act 2015 (MSA) seeks to combat slavery and human trafficking by requiring businesses to ensure that their operations and supply chains do not allow for either. Under section 54 of the MSA, organisations must…more
| Business Organizations

Five Things Multifamily Developers Should Know About Chicago's Revised Affordable Requirements Ordinance

The calculus has shifted for multifamily developers in Chicago who need zoning changes to accomplish development projects. Recent amendments to Chicago’s Affordable Requirements Ordinance (ARO) — Chicago Municipal Code 2-45-110…more
| Construction Law, Real Estate - Residential, Zoning, Planning & Land Use

Criminal Conviction Leaves Defendant Defenseless in FCA Civil Action

Pity Dr. Christina Clardy. In 2011 she was convicted of health care fraud, sentenced to 135 months in prison, and ordered to pay $16 million in restitution. Then in 2014 the government added Christina as a defendant in its…more
| Civil Procedure, Criminal Law, Government Contracting, Health

Update to New U.S. Visa Waiver Program Changes

Further details have emerged regarding new U.S. rules restricting use of the Visa Waiver Program (VWP) for dual nationals of Iran, Iraq, Syria and Sudan, as well as individuals who have traveled to these countries within the…more
| Immigration Law, Transportation

EEOC Seeks to Expand Pay Discrimination Enforcement Capabilities With Proposed Revisions to EEO-1 Form

The Equal Employment Opportunity Commission (EEOC), in partnership with the Department of Labor, announced controversial proposed revisions to the Employer Information Report (EEO-1) Form. If adopted as proposed, the revisions…more
| Government Contracting, Labor & Employment Law

Further Changes to Cuba Sanction Regulations Open Opportunities for Agribusiness

On January 26, 2016, the Obama administration announced changes to Cuba sanction regulations, further building on the past year’s historic beginning of normalization of relations between the two countries. For the first…more
| Agriculture, Antitrust & Trade Regulation, Finance & Banking, International Law & Trade

Blame Flows Downhill: All the Way to Sales Clerks

What if a store clerk sells a product that, unbeknownst to him, is illegal? Can the clerk be convicted of a crime, despite not knowing the product was illegal and not intending to sell an illegal product? On January 14, 2016,…more
| Communications & Media Law, Criminal Law

Further CMS Clarification on EHR Hardship Exceptions

As we reported, the Centers for Medicare & Medicaid Services (CMS) posted revised instructions and application forms on January 22, 2016, for health care providers unable to meet electronic health records (EHR) “meaningful use”…more
| Government Contracting, Health

Transfer to Multiple New Employers Can Amount to TUPE Transfer

In Hyde Housing Association Ltd and another v Layton UKEAT/0124/15, the Employment Appeal Tribunal (EAT) considered whether a transfer to multiple new employers could amount to a TUPE transfer. Mr Layton was employed as a…more
| Business Organizations, Commercial Law & Contracts, Construction Law, Labor & Employment Law

New Protection for Zero Hour Workers

The Exclusivity Terms in Zero Hour Contracts (Redress) Regulations 2015 (Regulations) came into force on 11 January 2016. These provide additional protection to individuals on zero hours contracts. By way of background, a…more
| Labor & Employment Law
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