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Barbara Adams

Legislative Alert: Illinois House of Representatives Passes HB 924

On April 18, 2013, the Illinois House of Representatives passed House Bill 924 on a 60–50 vote. The bill amends the Illinois Prevailing Wage Act (820 ILCS 130/2) to require that all contractors and subcontractors bidding on work…more

Contractors, New Legislation, Reporting Requirements, Subcontractors

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Nathan A. Adams IV

Religious Institutions Update - April 2014

Does a closely held for-profit corporation have a constitutionally or statutorily protected right to exercise religion under the Free Exercise Clause or the Religious Freedom Restoration Act of 1993 (RFRA)? The U.S. Supreme…more

Freedom of Religion, Hobby Lobby, Religion, Religious Institutions, RFRA

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Linda Auerbach Allderdice

New California Employment Laws for 2014: What Your Business Needs to Know

The California Legislature enacted numerous employment laws in 2013 that affect California employers. The significant changes initiated by these statutes include a higher minimum wage, increased whistleblower protections and new…more

Employment Policies, State Immigration Laws, Wage and Hour, Whistleblower Protection Policies

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Eric S. Almon

Delaware Federal Court Dismisses Say-on-Pay Complaint

In a recent opinion, the United States District Court for the District of Delaware dismissed a derivative complaint brought as a result of a negative shareholder advisory vote on executive compensation. The court found that the…more

Derivative Suit, Dodd-Frank, Executive Compensation, Say-on-Pay, Shareholder Votes

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Ariadna Alvarez

Supreme Court Upholds Reasonable Contractual Limitations Period in ERISA Plan

The U.S. Supreme Court has ruled unanimously that certain statute of limitations provisions in employer-sponsored benefit plans are enforceable, even when they begin to run before the plan's administrative process has been…more

Employee Benefits, ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co., SCOTUS, Statute of Limitations

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Jonathan E. Anderman

CMS Suggests Significant Changes to Medicare Part D and Medicare Advantage Prescription Drug Plans

The Centers for Medicare and Medicaid Services, CMS, recently issued a Proposed Rule that would initiate important changes to prescription drug plans under Medicare Part D and Medicare Advantage. Comments can be submitted…more

CMS, Healthcare, Healthcare Reform, Medicare, Medicare Part D

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Marc Antonecchia

New York's Highest Court Affirms Contractual Right to Select New York Law to Govern Transactions Without Nexus to the State

In a case of first impression, the New York Court of Appeals has held that a court need not undertake a conflicts-of-laws analysis when there is an express choice of New York law in a contract pursuant to New York General…more

Aviation Contracts, Choice-of-Law, Nexus

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Daniel Arking

FDA Report to Congress: 1997 Guidance Provides Solid Foundation for 510(k) Modification Decisions

Interested stakeholders have until June 4, 2014, to comment on the FDA's long-anticipated report to Congress that includes its Proposed Policy on the Premarket Notification Requirements for Modified Medical Devices. The FDA will…more

FDA, FDASIA, Medical Devices

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Laura Atherstone

Religious Institutions Update: March 2013

In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in…more

Affordable Care Act, Catholic Church, Contraceptive Coverage Mandate, Establishment Clause, IRS

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Kristina Starr Azlin

Amendments to California False Claims Act Expand Potential Exposure to Government Investigations and Litigation

On September 27, 2012, Governor Jerry Brown signed into law Assembly Bill 2492 (AB 2492), which amends the California False Claims Act (CFCA). These amendments closely align the CFCA with the federal False Claims Act (FFCA). The…more

Attorney Generals, Compliance, False Claims Act, FERA, Whistleblowers

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Sean Baird

CMS Suggests Significant Changes to Medicare Part D and Medicare Advantage Prescription Drug Plans

The Centers for Medicare and Medicaid Services, CMS, recently issued a Proposed Rule that would initiate important changes to prescription drug plans under Medicare Part D and Medicare Advantage. Comments can be submitted…more

CMS, Healthcare, Healthcare Reform, Medicare, Medicare Part D

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James Baker

Qualifying Loans Will Reduce or Eliminate Risk Retention Obligations of Issuers Under Reproposed Credit Risk Retention Rules

The general risk retention requirements mandated under section 15G of the Securities and Exchange Act of 1934 (added by section 941 of the Dodd-Frank Act) will be applicable to all issuers of asset-backed securities (ABS) once…more

Asset-Backed Securities, Dodd-Frank, Risk Retention, Securities Exchange Act, Underwriting

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Philip Baker-Shenk

Administrative Law Judge Rules Camera-Equipped Model Airplanes Are Cleared for Take-Off

A ruling by an administrative law judge punches a hole through the FAA's ban on the unlicensed use of commercial drones. The decision may be significant for ongoing discussions in Congress and in Indian Country about drone…more

Drones, FAA, Natural Resources, Surveillance, Tribal Lands

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Eileen Bannon

Qualifying Loans Will Reduce or Eliminate Risk Retention Obligations of Issuers Under Reproposed Credit Risk Retention Rules

The general risk retention requirements mandated under section 15G of the Securities and Exchange Act of 1934 (added by section 941 of the Dodd-Frank Act) will be applicable to all issuers of asset-backed securities (ABS) once…more

Asset-Backed Securities, Dodd-Frank, Risk Retention, Securities Exchange Act, Underwriting

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Sean Barry

Daimler and Walden: The Supreme Court's Continued Trend on Limiting Personal Jurisdiction

The Supreme Court has issued two decisions that clarify the limitations of general and specific jurisdiction over a non-resident defendant. A defendant corporation will be subject to general jurisdiction in a state only if its…more

DaimlerChrysler, DaimlerChrysler v Bauman, Jurisdiction, Minimum Contacts, Personal Jurisdiction

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Leigh-Alexandra Basha

French Trust Law Reporting Requirements

Last year France passed legislation which is aimed at taxing assets held through trusts where there is a connection with France. Effective as of July 31, 2011, this legislation imposes tax reporting obligations on trustees…more

Trusts

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Neal Beaton

Why Didn't My Employee Get a Form I-94 When Entering the United States?

U.S. employers and others dealing with immigration matters should be aware that U.S. Customs and Border Protection (CBP) no longer issues Form I-94 (Arrival-Departure Record) upon entry into the United States. As a result, when…more

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Robert Berselli

Top 10 Indian Tribal Tax Developments in 2013 and Priorities for 2014

In 2013, courts were active in issues relating to Indian tribes, including ruling on state tax matters and the federal income tax aspects of Section 17 corporations. The top 10 Indian tribal tax developments from 2013 and…more

Casinos, General Welfare Exclusion, Income Taxes, Indian Gaming, IRS

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David S. Black

New Executive Order to Increase Minimum Wage Under Future U.S. Government Service Contracts and Subcontracts

As promised in his recent State of the Union Address on February 12, 2014, President Obama signed an executive order to increase to $10.10 the hourly minimum wage paid to federal contractors and subcontractors. The Executive…more

Davis-Bacon Act, Federal Contractors, FLSA, Minimum Wage, Service Contract Act

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Maximillian Bodoin

Kentucky Becomes The 47th State To Enact A Data Breach Notification Law

Kentucky is now the 47th state with a data breach notification law, a development that should be of interest not only to Kentucky-based entities, but also to entities that do business in Kentucky and have personal information…more

Breach Notification Rule, Data Breach, Data Protection

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Jeffrey F. Boothe

MAP-21: What Business Members Need To Know

Originally published in Business In Motion, October 2012. More than thirty-three months late, Congress adopted a two-year surface transportation bill, Moving Ahead for Progress for the 21st Century (MAP-21). While funding…more

MAP-21, Surface Transportation, Surface Transportation Board

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Joshua Bosin

Employment Classification Lessons Learned From Scantland v. Jeffry Knight Inc.

A recent Eleventh U.S. Circuit Court of Appeals decision issued a strong admonition to employers: the misclassification of workers as independent contractors rather than employees may have serious financial and operational…more

DOL, Employee Rights, Employer Liability Issues, FLSA, Full-Time Employees

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Frederick D. Braid

Potential Liability of General Contractors for Actions of Subcontractors on PLA Projects

A Third Circuit ruling in a case brought by a sheet metal workers union raises the possibility that general contractors may be liable if their subcontractors fail to assign work in accordance with the terms of a project labor…more

Employer Liability Issues, Enforcement, General Contractors, NLRB, Project Labor Agreements

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Thomas Brooke

ICANN's Trademark Clearinghouse Set to Launch on March 26, 2013

The Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit corporation responsible for managing the domain name system, is evaluating more than 1,900 applied-for generic top-level domains (gTLDs), such as…more

gTLD, ICANN, Trademark Clearinghouse, Trademarks

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Brittany Brown

Jury to Decide SEC's Case Against Feeder Fund in Ponzi Scheme

The SEC's case against a hedge fund owner who allegedly funneled hundreds of millions into a $3.5 billion Ponzi scheme will be left up to a jury to decide. U.S. District Judge Ann D. Montgomery declined both sides' motions for…more

Feeder Funds, Hedge Funds, Investors, Jury Trial, Ponzi Scheme

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Thomas "Tom" Brownell

Supreme Court Endorses Forum Selection Clauses

The Supreme Court has strongly endorsed forum selection clauses in government subcontracts. In Atlantic Marine Construction Company, Inc. v. U. S. Dist. Court, 234 S.Ct. 568 (U.S. December 3, 2013), Atlantic Marine, a…more

Atlantic Marine Construction Company, Forum, Forum Selection Clause, SCOTUS, Subcontractors

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John L. Brownlee

Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

After two years of deliberation, the U.S. Second Circuit Court of Appeals has finally issued its decision in United States v. Caronia, holding that the government cannot prosecute pharmaceutical manufacturers or their…more

Caronia, Commercial Speech, FDCA, First Amendment, Free Speech

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Bradley Brownlow

The 30-Year Programmatic Eagle Take Permit: How Much Certainty Does It Provide?

The U.S. Fish and Wildlife Service issued a final rule that takes limited action to extend the maximum life of programmatic eagle take permits to 30 years, provides for permit transferability, and sets processing and…more

Endangered Species, Fees, Fish and Wildlife Service, Incidental Take Permits, Mitigation

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Mark E. Burkland

Prohibited Areas and Employment Implications Under Illinois' New Concealed Carry Act

There are two pressing issues concerning implementation of Illinois' new Firearms Concealed Carry Act1 (Public Act 98-0063)... …more

Concealed Carry Permit, Employer No-Weapons Policies, Gun Laws

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Sarah S. Butters

Key Factors of a Computer Digital Account (CDA) Plan to Protect Your Legacy

Increasingly, we interact with the world around us through digital devices and social media. Compared to decades past, our most essential information is now stored on a computer or hand-held device. Everything can now be done…more

Digital Assets, Electronically Stored Information, Estate Planning

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John Canale

Proposed Anti-Human Trafficking Rule Could Significantly Affect Contractor Compliance Programs

U.S. government contractors and subcontractors may need to comply with two new federal procurement rules proposed by the Obama administration to prevent the use of forced labor. Affected companies should review and update…more

Forced Labor, Human Rights, Human Trafficking, NDAA, Supply Chain

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Christopher W. Carmichael

Chicago Continues to Aggressively Regulate Foreclosed Properties with New Requirements on Tenant Leases

In early June, the City of Chicago passed the "Keep Chicago Renting" ordinance (SO2012-5127), which requires that the owner of foreclosed properties offer existing tenants renewal of their lease or pay expenses to the tenant for…more

Foreclosure, Leases, Local Ordinance, Municipalities, Relocation Assistance

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Faith Carter

The New York Non-Profit Revitalization Act of 2013

Governor Cuomo signed New York's Non-Profit Revitalization Act of 2013 into law in December. Most of its provisions take effect July 1, 2014. The new law, which was designed to stimulate New York's not-for-profit industry,…more

Audits, Executive Compensation, Exempt Organizations, Non-Profits, Transparency

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Kimberly Case

2013 Florida Legislative Session Recap

Prior to the start of the 2013 Florida legislative session, President Gaetz and Speaker Weatherford outlined a joint agenda that included tackling ethics, elections, campaign finance, state pensions and higher education. The…more

New Legislation, Proposed Legislation, State Budgets

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J. Michael Cavanaugh

Federal Maritime Commission Proposes New Rules for Ocean Transportation Intermediaries

On May 31, 2013, the United States Federal Maritime Commission (FMC) issued a wide-ranging proposed rulemaking significantly affecting the licensing, financial responsibility and duties of Ocean Transportation Intermediaries…more

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Katrina Chapman

New Campus Security Laws Take Effect This Month

A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand what…more

Colleges, Domestic Violence, Educational Institutions, Sexual Assault, Stalking

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Jennifer Christopher

Appropriations Hearing on the Bureau of Indian Affairs/Indian Health Service Budget Request

On April 24 at 9:30 a.m. and 1:00 p.m., and on April 25 at 9:30 p.m., the House Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold three separate American Indian and Alaska Native Public and…more

Native American Issues, Testimony

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Aaron M. Cohn

Foreclosure Law – A Brief Overview Of California's One Action Rule And Anti-Deficiency Provisions

California’s one-action rule and anti-deficiency provisions (together, the "anti-deficiency provisions") protect borrowers that have defaulted on debt secured by real property. Those provisions limit the remedies available to…more

Anti-Deficiency Provisions, Foreclosure, One-Action Rule

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Jerald Cohn

New Maryland Law Provides Indemnity Deeds of Trust (IDOT) Relief

Maryland Governor Martin O'Malley has signed a law that brings significant changes to how recordation tax will be imposed on the refinancing of commercial property and on the modification of existing indemnity deeds of trust…more

Commercial Loans, IDOT, Tax Exemptions

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Ivan Colao

SEC Proposes Rules for Pay Ratio Disclosure

At an open meeting on September 18, 2013, the Securities and Exchange Commission (SEC) approved for public comment proposed "pay ratio" disclosure rules to implement Section 953(b) of the Dodd-Frank Wall Street Reform and…more

CEOs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay Ratio

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David Cole

SEC Lifts Ban on General Solicitation and Advertising in Private Placements

Until Congress passed the Jumpstart Our Business Startups Act (JOBS Act) in April, 2012, those seeking to raise capital through the sale of securities in transactions not registered with the U.S. Securities and Exchange…more

Advertising, General Solicitation, JOBS Act, Marketing, Private Equity

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Timothy

Fla. Court Lifts Ban on Reporting Accidentally Released Criminal Confession

A Florida trial court vacated two prior restraint orders against the media from publishing unredacted information in a police report. On August 23, 2013, James Patrick Tadros was arrested and charged with attempted…more

Broadcasting, Confessions, Criminal, Media, Publishers

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Louis Conti

Florida Enacts a New Revised Limited Liability Company Act

On May 3, 2013, as the last act of the 2013 Florida Legislature, the House passed into law the new Florida Revised Limited Liability Company Act (the "New LLC Act") in the form of Senate Bill 1300, and as amended, House Bill…more

Amended Legislation, LLC, New Legislation, RULLCA

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James Crenshaw

IRS Extends FATCA Registration Deadline to May 5, 2014

HIGHLIGHTS: - Foreign financial institutions must perform due diligence to identify their U.S.-owned accounts and report them to the IRS, as well as act as a withholding agent for payments to other foreign entities…more

Banks, Due Diligence, FATCA, FFI, Foreign Banks

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Kristina Crooks

Court Rules Article Reporting About "False Testimony" Not "Actual Malice"

A Maryland court dismissed a defamation lawsuit against a newspaper, filed by a former chief deputy state's attorney, over articles reporting that he had given "false testimony" about a murder investigation. The articles in the…more

Actual Malice, Defamation, False Statements

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Christopher G. Cwalina

FTC Publishes New Privacy Guidelines for Mobile Apps

The Federal Trade Commission (FTC) released guidelines to assist mobile app developers to comply with truth-in-advertising and basic privacy principles when marketing new mobile apps…more

Advertising, Data Collection, Data Protection, False Advertising, Mobile Apps

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John Dadakis

New York to Drastically Change "Gift Tax" Rule

Currently, there is no gift tax in New York, and although the amount of lifetime taxable gifts made by a New Yorker may cause the estate tax rate to increase, there is no additional estate tax paid on those gifts. New York…more

Estate Planning, Estate Tax, Gift Tax

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Marlo M. Del Percio

Local Government: Illinois Open Meetings Act Update

With the enactment of P.A. 097-0827 and a recently issued binding Attorney General Opinion, July has been a busy month for the Illinois Open Meetings Act, 5 ILCS 120/1, et seq…more

Open Meetings Act

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Alissa M. Del Riego

New York District Court Limits the Applicability of the PSLRA's Safe Harbor

A U.S. District Court for the Southern District of New York recently found that a company that had provided lower earnings guidance in its statements to the public than its results from the previous year was not protected by the…more

Fashion Design, PSLRA, Safe Harbors

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Christopher DeLacy

FEC Publishes Post-McCutcheon Revised Contribution Limits For 2013-2014

The Federal Election Commission's revised federal contribution limits for 2013-2014 removed any reference to the biennial aggregate limit which was recently stuck down by the Supreme Court in McCutcheon v. FEC…more

FEC, McCutcheon v. FEC, Political Contributions, SCOTUS

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Randolph A. DelFranco

Expanded Tribal Bond-Issuing Authority: IRS Issues New Guidelines on Tribal Economic Development Bonds

On July 16, 2012, the IRS released Notice 2012-48, which solicits applications for the allocation of available amounts of national bond issuance authority limitation (volume cap) for Tribal Economic Development Bonds (TEDBs)…more

IRS, Tribal Economic Development Bonds

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William B. deMeza Jr.

"Hey, Take It Outside!" — Politics in the Workplace

Everyone has experienced "workplace politics" (in which Type A employees claw their way to the top while attempting to crush or humiliate coworkers) as well as "politics in the workplace" (in which employees argue about…more

Discrimination, NLRA, NLRB, Political Expression

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John Dierking

Hart-Scott-Rodino Thresholds Increased Approximately 7 Percent for 2014

This year's revised Federal Trade Commission thresholds under Hart-Scott-Rodino (HSR) represent an approximately 7 percent increase from the existing amounts. They will apply to all applicable transactions on or after February…more

Acquisitions, FTC, Hart-Scott-Rodino Act, Mergers, Size of Persons Test

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Brian Doyle

U.S. Department of Education Issues Guidance to Protect Student Privacy Online

Educational institutions face greater legal exposure given their increasing use of online educational services – and situations where they can both collect and disclose protected information. As a result, these institutions…more

Department of Education, Educational Institutions, FERPA, Online Courses, Student Records

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Allison Dyer

SEC Initiative Encourages Continuing Disclosure Violation Self-Reporting By Issuers And Underwriters

HIGHLIGHTS - - The Municipalities Continuing Disclosure Cooperation Initiative (MCDC Initiative) begun by the SEC's Enforcement Division encourages issuers, borrowers or underwriters to self-disclose potential securities…more

Disclosure Requirements, Enforcement, SEC, Self-Reporting

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Amy L. Edwards

The District of Columbia's Implementation of Stormwater Management Regulations Enters Second Transition Phase

During the second transition period for the implementation of the District's new Stormwater Management Regulations, certain regulated projects may qualify for exemptions from certain stormwater retention requirements…more

Erosion, Infrastructure, Land Developers, Sediment Control, Storm Water

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Carrie Eisnaugle

Division of Corporation Finance Posts Slides Discussing Common Financial Reporting Issues for Smaller Companies

The Division of Corporation Finance (the "division") of the United States Securities and Exchange Commission (SEC) recently posted slides from an annual presentation at the Forum on Auditing in the Small Business Environment…more

Disclosure Requirements, Financial Reporting, PCAOB, Reporting Requirements, SEC

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Terry L. Elling

Sequestration Tango: Taking Steps to Assess Risk and Mitigate Impacts

Many federal contractors and subcontractors are in store for a bumpy ride. On March 1, 2013, sequestration went into effect, requiring the federal government to cancel $85 billion in budgetary resources between now and September…more

Contractors, OMB, Risk Assessment, Spending Cuts

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Andrew "Andy" Emerson

Last Week At The FEC: Agreement On Dormant Funds But Confrontation Over Enforcement

Last week the Federal Election Commission held an executive session on April 1 and an open meeting on April 3. It adopted a revised Advisory Opinion regarding the use of dormant funds by the Solano County Democratic Central…more

FEC, McCutcheon v. FEC, Political Contributions, SCOTUS

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Jonathan M. Epstein

Crisis in Ukraine: U.S. Imposes Additional Sanctions Targeting President Putin's Inner Circle

The United States has blocked the assets of a number of senior Russian officials considered to be part of President Putin's inner circle as well as the assets of one Russian bank owned by targeted officials. U.S. companies are…more

Foreign Policy, Russia, Sanctions, Ukraine

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Vince Farhat

Proposed Anti-Human Trafficking Rule Could Significantly Affect Contractor Compliance Programs

U.S. government contractors and subcontractors may need to comply with two new federal procurement rules proposed by the Obama administration to prevent the use of forced labor. Affected companies should review and update…more

Forced Labor, Human Rights, Human Trafficking, NDAA, Supply Chain

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Cheryl Ann Feeley

Judge Dismisses "Fun Center" Defamation Lawsuit

A Tallahassee, Fla., trial court has thrown out a defamation suit against a television station, filed by an amusement center concerning reports about a police investigation…more

Defamation, Pre-Suit Notice, Television Broadcast Stations

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Victor Filippini

Illinois Appellate Court Narrows Attorney General's FOIA Opinion on Communications on Elected Officials' Private Devices

On July 16, 2013, the Appellate Court of Illinois for the Fourth District issued an opinion in City of Champaign v. Madigan, 2013 IL App (4th) 120662, that upheld the Illinois Attorney General's (AG) binding opinion (Public…more

Attorney Generals, Electronically Stored Information, Email, FOIA, Mobile Devices

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Timothy "Tim" Fisher

New California Employment Laws for 2014: What Your Business Needs to Know

The California Legislature enacted numerous employment laws in 2013 that affect California employers. The significant changes initiated by these statutes include a higher minimum wage, increased whistleblower protections and new…more

Employment Policies, State Immigration Laws, Wage and Hour, Whistleblower Protection Policies

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Andrew Fiske

Prohibited Areas and Employment Implications Under Illinois' New Concealed Carry Act

There are two pressing issues concerning implementation of Illinois' new Firearms Concealed Carry Act1 (Public Act 98-0063)... …more

Concealed Carry Permit, Employer No-Weapons Policies, Gun Laws

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Gina A. Fonte

Criteria For Choosing Between ConsensusDOCS And AIA Bond Forms

Since first being introduced in 2007, ConsensusDOCS forms have become increasingly popular and along with the AIA forms are becoming industry standard. The organizations that endorsed the ConsensusDOCS devoted untold hours to…more

American Institute of Architects, ConsensusDOCS, Payment Bonds, Performance Bonds

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Loren Lee Forrest Jr.

New York's Highest Court: Indefinite Leave Not Reasonable Under State Law, But Could Be Under NYC Law

In a decision that is both favorable to and disadvantageous for New York State employers, the New York Court of Appeals has ruled that indefinite leave is not a reasonable accommodation for persons with disabilities under the…more

Disability, Disability Discrimination, Reasonable Accommodation, Undue Hardship, Unpaid Leave

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Chanie Fortgang

The New York Non-Profit Revitalization Act of 2013

Governor Cuomo signed New York's Non-Profit Revitalization Act of 2013 into law in December. Most of its provisions take effect July 1, 2014. The new law, which was designed to stimulate New York's not-for-profit industry,…more

Audits, Executive Compensation, Exempt Organizations, Non-Profits, Transparency

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Michael J. Frevola

New York Appeals Court Issues Important Rule B And Maritime Corporate Veil-Piercing Decision; Lenient U.S. Maritime Law Veil-Piercing Standard Should Continue To Apply In Most Instances

For the past sixty years, and until January 11, 2013, U.S. federal courts routinely have applied the comparatively expansive (and potentially creditor-friendly) "maritime law of veil piercing" when examining veil-piercing and/or…more

Alter Ego, Corporate Veil, Federal Maritime Commission

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Daniel S. "Dan" Fridman

How To Protect Yourself From Identity Theft

This year, I have heard from an increasing number of clients, colleagues and family members wanting advice on how to proactively protect themselves from becoming identity theft victims. Having been through my own personal…more

Identity Theft

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Edward Frischling

Affordable Care Act's Employer Mandate Delayed for Certain Employers

This alert explains key aspects of the Affordable Care Act (ACA) final regulations issued by the Treasury Department and the IRS on February 10, 2014. It is critical for employers to understand the additional ACA compliance…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Jennifer Froehlich

What Employers Need to Know About Illinois' New Medical Marijuana Law

On August 2, 2013, Illinois Governor Pat Quinn signed the Compassionate Use of Medical Cannabis Pilot Program Act, P.A., 98-0122. As of January 1, 2014, the Act will establish a four-year pilot program in Illinois that…more

Discrimination, Drug Testing, Employee Handbooks, Healthcare, Hiring & Firing

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Michael M. Gaba

FDA Report to Congress: 1997 Guidance Provides Solid Foundation for 510(k) Modification Decisions

Interested stakeholders have until June 4, 2014, to comment on the FDA's long-anticipated report to Congress that includes its Proposed Policy on the Premarket Notification Requirements for Modified Medical Devices. The FDA will…more

FDA, FDASIA, Medical Devices

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George Gabel

Florida Judge Quashes Subpoena in Political Taping Case

In a criminal case arising from the secret recording of a private conversation, Florida prosecutors issued a subpoena to compel a news reporter to testify in a case against a former aide to Lt. Gov. Jennifer Carroll. The…more

Absolute Privilege, First Amendment, Journalists, Motions to Quash, Subpoenas

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Jerrold Ganzfried

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements. According to the Court, "a…more

Air Wisconsin v. Hoeper, Airline Employees, Airlines, ATSA, Aviation Industry

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Michael Garcia

Ninth Circuit Revises Securities Class Action Lawsuit based on Claims of Fraud

In an unpublished opinion in The Hemmer Group v. Southwest Water Company, No. 11-56154, slip op. at 7-8 (9th Cir. Jun. 7, 2013), the U.S. Court of Appeals for the Ninth Circuit partially revived a securities class action lawsuit…more

Class Action, Financial Statements, Fraud, Pleadings

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Steven Gillman

Employer Wellness Programs: Final Rules Issued Under the Affordable Care Act

Final regulations for wellness programs have been issued to help employers encourage healthier behaviors among their employees…more

ADA, Affordable Care Act, DOL, Final Rules, GINA

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Warren Gluck

New York Appeals Court Issues Important Rule B And Maritime Corporate Veil-Piercing Decision; Lenient U.S. Maritime Law Veil-Piercing Standard Should Continue To Apply In Most Instances

For the past sixty years, and until January 11, 2013, U.S. federal courts routinely have applied the comparatively expansive (and potentially creditor-friendly) "maritime law of veil piercing" when examining veil-piercing and/or…more

Alter Ego, Corporate Veil, Federal Maritime Commission

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David Glynn

Is Filling an Off-Label Prescription an Invitation to False Claims Act Liability?

On May 17, 2013, the U.S. District Court for the Northern District of Georgia issued an order that joins an unsettling line of decisions suggesting that before filling prescriptions, pharmacies must serve as the arbiters of…more

False Claims Act, Healthcare Professionals, Medicare, Medicare Part D, Off-Label Promotion

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Stacie Goeddel

New and Improved Law to Govern Commercial Common Interest Developments in California

As of January 1, 2014, commercial common interest developments (CIDs) in California are governed by the new Commercial and Industrial Common Interest Development Act. The New Act establishes provisions specific to…more

CID, Local Ordinance, Real Estate Development, Restrictive Covenants

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Joseph Goldstein

Some Panhandle Development Permits Eligible for Six-Month Extension Due to Tropical Storm Karen Order

A permit and development order extension opportunity is available until January 6, 2014, for 18 Panhandle counties as a result of the threat posed to Florida by recent tropical storm activity. The extension offers an additional…more

Extensions, Natural Disasters, Permits

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Luis Gonzalez

Perfecting a Lien on a Florida Liquor License

The economy continues to improve, albeit slowly. With improving market conditions comes the opportunity for hospitality businesses, such as restaurants, bars, nightclubs and liquor stores, to emerge and grow. These new and…more

AB Licenses, Borrowers, Creditors, Due Diligence, Hospitality Industry

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Steven D. Gordon

New Legislation Would Revamp Suspension and Debarment

On October 29, 2013, the House Oversight and Government Reform Committee approved a bill to restructure suspension and debarment from federal procurement and non-procurement programs. The Stop Unworthy Spending (SUSPEND) Act…more

DOD, Oversight Committee, Suspensions & Debarments

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William F. Gould

Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

After two years of deliberation, the U.S. Second Circuit Court of Appeals has finally issued its decision in United States v. Caronia, holding that the government cannot prosecute pharmaceutical manufacturers or their…more

Caronia, Commercial Speech, FDCA, First Amendment, Free Speech

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Laurie L. Green

SEC Proposes Rules for Pay Ratio Disclosure

At an open meeting on September 18, 2013, the Securities and Exchange Commission (SEC) approved for public comment proposed "pay ratio" disclosure rules to implement Section 953(b) of the Dodd-Frank Wall Street Reform and…more

CEOs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay Ratio

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Thomas Greene

IRS Issues Windsor Guidance For Qualified Retirement Plans

The IRS has issued Notice 2014-19, which provides anticipated guidance for sponsors of qualified retirement plans on complying with last year's Supreme Court ruling in United States v. Windsor. That decision deemed…more

DOMA, IRS, Qualified Retirement Plans, SCOTUS, US v Windsor

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Deborah S. Griffin

Criteria For Choosing Between ConsensusDOCS And AIA Bond Forms

Since first being introduced in 2007, ConsensusDOCS forms have become increasingly popular and along with the AIA forms are becoming industry standard. The organizations that endorsed the ConsensusDOCS devoted untold hours to…more

American Institute of Architects, ConsensusDOCS, Payment Bonds, Performance Bonds

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Joseph Guay

Court Upholds Management Deal with Union on Hotel Operations

In an important decision upholding the right of hotels to make pragmatic agreements with unions on hotel operations, the United States District Court for the Southern District of New York dismissed a claim brought by banquet…more

Contract Disputes, Corporate Management, Negotiations, Unions

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Anthony Ten Haagen

Physician-Owned Device Companies: OIG Issues Further Guidance

The Office of the Inspector General for the United States Department of Health and Human Services (OIG) issued a Special Fraud Alert on March 26, 2013 (the "2013 POD alert"), that identifies physician-owned distributorships and…more

Anti-Kickback Statute, Fraud, Healthcare, Medical Devices, OIG

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Gary Halbert

Drones in the United States: What Will It Take to Fly?

The civilian use of unmanned aerial technology — UAVs, UASs or drones — is inevitable, and right now, the government is sorting through regulatory, aviation, telecommunications, First Amendment and privacy issues. Given the…more

Drones, FAA, First Amendment, Right to Privacy, Unmanned Aircraft Systems

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Kevin Hall

IRS Provides Safe Harbor for Exclusion from Cancellation of Indebtedness Income

Rev. Proc. 2014-20, released on February 5, provides guidance regarding whether debt secured by an interest in a disregarded entity that holds real estate — rather than by the real estate itself — qualifies for the exclusion…more

Debt, Income Taxes, IRS, Property Tax, Safe Harbors

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Gregory R. "Greg" Hallmark

ASBCA Rejects DCAA's Methodology for Determining Reasonableness of Executive Compensation

A defense contractor recently won a rare victory over the Defense Contract Audit Agency (“DCAA”) in the highly contentious struggle over the allowability of executive compensation costs…more

DCAA, Executive Compensation

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Farid Hekmat

Crisis in Ukraine: U.S. Imposes Additional Sanctions Targeting President Putin's Inner Circle

The United States has blocked the assets of a number of senior Russian officials considered to be part of President Putin's inner circle as well as the assets of one Russian bank owned by targeted officials. U.S. companies are…more

Foreign Policy, Russia, Sanctions, Ukraine

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Jennifer L. Hernandez

Landmark Decision Issued on Proper Environmental Baseline under

In a recent landmark California Environmental Quality Act ("CEQA") decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439 (Smart Rail), the California Supreme Court issued its…more

CEQA, Environmental Policies, Public Transit, Smart Rail

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Michelle Hess

Second Circuit Holds In-House Lawyer Precluded from Blowing Whistle on Former Employer

The Second Circuit issued an opinion tackling the interplay between an attorney's ethical obligation to maintain client confidences and the ability to act as a "whistleblower" to report unlawful conduct to the government. The…more

Anti-Kickback Statute, Confidentiality Rule, Corporate Counsel, False Claims Act, Legal Ethics

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Robert Thomas "Bob" Hicks

Virginia Supreme Court Awards Lost Profits for Breach of Non-Compete Provision in Government Subcontract

For the first time, the Supreme Court of Virginia has provided specific guidance on how to calculate damages for the breach of a non-compete/exclusivity provisions of a contract where the breach resulted in the loss of a…more

Accenture, Damages, Defense Logistics Agency, GP Consulting, Non-Compete Agreements

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James Hohenstein

Federal Appellate Court Finds Key U.S. Discovery Tool Can Be Used to Aid Foreign Arbitrations

The Eleventh Circuit, the federal appellate court for the southeast region of the U.S. including Florida, in In re Consorcio Ecuatoriano de Telecomunicaciones S.A., recently decided a case with broad implications for foreign…more

28 U.S.C. §1782, Discovery, Foreign Jurisdictions, International Arbitration, Tribunals

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Chester Hooper

Supreme Court Issues New "Reasonable Observer" Test on What Constitutes a Vessel

In Lozman v. City of Riviera Beach, Florida, No. 11-626 (January 15, 2013), the U.S. Supreme Court "reformulated" the definition of "vessel." It explained that an objective test, which looks to the physical characteristics of a…more

Reasonable Observer Test, SCOTUS, Vessels

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Joseph P. Hornyak

Congress Authorizes GAO to Charge Bid Protest Filing Fees

Most procurement officials would likely agree with Secretary Gansler's frustration at the ease with which unsuccessful bidders can initiate bid protests and thereby hold up important procurements. But his reference to "the price…more

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Stephen J. Humes

Legal Duties To Avert, Mitigate, And Recover From Cyber Attacks On The Grid

Introduction. In this brief essay, we have two objectives: first, to provide a glimpse at the complexities that will be faced by electric power utilities, wholesale power generators, power grid operators and their customers if…more

Board of Directors, Cyber Attacks, Cybersecurity, Electricity, FERC

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John S. Irving IV

DOJ Secures $200,000 Lobbying Disclosure Act Penalty

A default judgment secured in U.S. v. Biassi Business Services Inc., D.D.C. may be indicative of a more aggressive Lobbying Disclosure Act (LDA) enforcement policy, and the U.S. Attorney's Office is considering pursuing criminal…more

DOJ, Enforcement, Enforcement Actions, Lobbying, Lobbying Disclosure Act

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Kenneth A. Jenero

Here's What's Missing from Your Company's Social Media Policy

For a legal perspective, we asked attorneys writing on JD Supra to tell us what, in their experience, they most often found to be missing from workplace social media policies. We knew that a roundtable of responses would make…more

Bring Your Own Device, Legal Perspectives, NLRA, NLRB, Social Media

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Lauren Jenkins

Estate Planning with Portability: Not a Panacea

When Congress resolved the fiscal cliff crisis early this year, it brought permanence to estate, gift and generation-skipping transfer tax laws that had been in flux for over a decade. In short, the American Taxpayer Relief Act…more

American Taxpayer Relief Act, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer, Gift-Tax Exemption

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Adolfo Jimenez

Florida Supreme Court Limits Application of the Economic Loss Rule to Product Liability Cases

Earlier today, the Florida Supreme Court published an important decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et al., No. SC10-1022 (March 7, 2013). The case was before the court on a…more

Economic Damages, Economic Loss Doctrine, Insurers

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Elizabeth Jochum

Fiscal Year 2014 National Defense Authorization Act: A Cut to Contractor Compensation and Other Procurement Provisions

The National Defense Authorization Act for FY 2014 ("NDAA"), signed into law on December 26, 2013, contains a number of provisions relating to government procurement, perhaps most significantly a decrease in the amount of…more

Contractors, Department of Defense, Federal Contractors, Federal Procurement Systems, GAO

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Scott Johnson

United States v. Windsor: A New Direction in Planning for Same-Sex Couples

On June 26, 2013, the U.S. Supreme Court in United States v. Windsor1 overturned Section 3 of the Defense of Marriage Act ("DOMA"), which had defined marriage as a union between a man and a woman.2 As a result, married same-sex…more

Civil Unions, Divorce, DOMA, Domestic Partnership, Estate Planning

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Jason P. Juall

Nasdaq Proposes Amendments to Compensation Committee Member Independence Rules

On November 26, 2013, the NASDAQ Stock Market LLC (Nasdaq) filed a proposed rule change with the Securities and Exchange Commission (SEC) to amend its listing rules relating to compensation committee member independence. The…more

Compensation Committee, Nasdaq, NYSE, SEC

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Bryan Jung

Qualifying Loans Will Reduce or Eliminate Risk Retention Obligations of Issuers Under Reproposed Credit Risk Retention Rules

The general risk retention requirements mandated under section 15G of the Securities and Exchange Act of 1934 (added by section 941 of the Dodd-Frank Act) will be applicable to all issuers of asset-backed securities (ABS) once…more

Asset-Backed Securities, Dodd-Frank, Risk Retention, Securities Exchange Act, Underwriting

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Jody Keeling

Delaware Court of Chancery Upholds Forum Selection Provisions in Board-Adopted Bylaws

On June 25, 2013, Chancellor Strine of the Delaware Court of Chancery upheld the statutory and contractual validity of bylaws adopted by a corporation's board of directors that specifically designate an exclusive forum for…more

Board of Directors, Bylaws, Forum, Forum Selection Clause, Jurisdiction

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Kristina Kelchner

Landmark Decision Issued on Proper Environmental Baseline under

In a recent landmark California Environmental Quality Act ("CEQA") decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439 (Smart Rail), the California Supreme Court issued its…more

CEQA, Environmental Policies, Public Transit, Smart Rail

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Francis L. Keldermans

Chicago Continues to Aggressively Regulate Foreclosed Properties with New Requirements on Tenant Leases

In early June, the City of Chicago passed the "Keep Chicago Renting" ordinance (SO2012-5127), which requires that the owner of foreclosed properties offer existing tenants renewal of their lease or pay expenses to the tenant for…more

Foreclosure, Leases, Local Ordinance, Municipalities, Relocation Assistance

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Brian Kenyon

Some Panhandle Development Permits Eligible for Six-Month Extension Due to Tropical Storm Karen Order

A permit and development order extension opportunity is available until January 6, 2014, for 18 Panhandle counties as a result of the threat posed to Florida by recent tropical storm activity. The extension offers an additional…more

Extensions, Natural Disasters, Permits

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Allison Kernisky

SEC Requires First Admission of Wrongdoing Under Revised Settlement Policy

On August 19, 2013, the SEC announced that it settled with a hedge fund and its manager (the defendants) and required them to admit wrongdoing. In the consent, the defendants admit to a series of facts, including that the…more

Admissions of Liability, Disclosure, Fraud, Investment Funds, Investors

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Paula Kirlin

Key Amendments to the San Francisco Administrative Code Governing CEQA Procedures, Appeals and Public Notice Requirements Go Into Effect

Project Sponsors Will Be Interested in Three Key Changes to the San Francisco CEQA Process - The San Francisco Board of Supervisors ("board") unanimously adopted Ordinance No. 161-13 ("ordinance"), substantially amending…more

Appeals, CEQA, Notice Requirements, Proposed Amendments

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Ronald J. Klein

New Conflict-Minerals Disclosure Rules Impact U.S. and Foreign Companies Using or Supplying Minerals

The Securities and Exchange Commission (SEC) recently approved the much debated "conflict minerals" due diligence disclosure rules originally developed in the Dodd-Frank Wall Street Reform Act of 2010. The rules, which were…more

Conflict Mineral Rules, Corporate Social Responsibility, Disclosure Requirements, Dodd-Frank, SEC

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Jason Klitenic

White House Issues Cybersecurity Executive Order

The long-awaited cybersecurity executive order (EO), which will ultimately establish national cybersecurity standards for critical infrastructure, was issued by President Obama on February 12, 2013. At the same time, the White…more

Barack Obama, Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, DHS

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Edward F. "Ed" Koren

Revenue Ruling Confirms that IRS Will Recognize Same-Sex Marriages, But Not Civil Unions or Registered Domestic Partnerships

The recent U.S. Supreme Court decision inUnited States v. Windsor overturning Section 3 of the Defense of Marriage Act (DOMA) raised several questions regarding the federal tax treatment of same-sex couples. (See Holland &…more

Civil Unions, DOMA, Domestic Partnership, Employee Benefits, IRS

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Alan Krischer

A Victory for Property Rights: U.S. Supreme Court Rules for Developers Seeking Permit Approvals

On June 25, 2013, the U.S. Supreme Court handed down arguably one of the most influential Takings Clause decisions since the Kelo v. City of New London1 ruling in 2005. In a 5-4 decision in Koontz v. St. Johns River Water…more

Dolan v City of Tigard, Fifth Amendment, Koontz v St John's River Water Management, Land Developers, Nexus

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Kelly Krystyniak

Meals and Golf Outings Paid For By Subcontractors May Trigger Double Damages Under Anti-Kickback Act

Federal prime contractors and subcontractors should consider reviewing and updating compliance procedures and employee training relating to entertainment and other business development gratuities in the wake of the Fifth…more

Anti-Kickback Statute, Compliance, Contractors, Meal and Entertainment Expenditures, Subcontractors

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Elizabeth Lake

Obama Administration Releases Proposed Rule on "Waters of the United States"

The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency released a proposed rule that will impact many segments of the U.S. economy, greatly expanding future permitting requirements. The proposed rule will…more

Clean Water Act, EPA, Jurisdiction, US Army Corps of Engineers, Waters of the United States

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Paul G. Lannon

New Campus Security Laws Take Effect This Month

A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand what…more

Colleges, Domestic Violence, Educational Institutions, Sexual Assault, Stalking

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Paul S. Lawler

SEC Division of Enforcement Realigning Focus

Andrew Ceresney, the new co-head of the Division of Enforcement for the SEC, recently remarked that the agency is shifting its efforts to focus on areas that have not received as much attention in the years following the…more

Complex Financial Products, Corporate Fraud, Enforcement, False Reporting, SEC

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Bill LeBeau

What to expect from FCC Post-Governement Shutdown

Telecommunications Partner Bill LeBeau discusses current issues pending with the Federal Communications Commission (FCC) and what regulatory changes companies should expect in the coming months. …more

FCC, Government Shutdown

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Summer Ayers LePree

Post-Fiscal Cliff: What the New American Taxpayer Relief Act Does and Does Not Do

At midnight on December 31, 2012, the United States briefly fell off of the much-anticipated and highly publicized "fiscal cliff," with income tax rates rising on most taxpayers and a host of substantial spending cuts affecting…more

Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Dividends, Estate Tax

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Shari Levitan

Revenue Ruling Confirms that IRS Will Recognize Same-Sex Marriages, But Not Civil Unions or Registered Domestic Partnerships

The recent U.S. Supreme Court decision inUnited States v. Windsor overturning Section 3 of the Defense of Marriage Act (DOMA) raised several questions regarding the federal tax treatment of same-sex couples. (See Holland &…more

Civil Unions, DOMA, Domestic Partnership, Employee Benefits, IRS

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Janna Lhota

Some Panhandle Development Permits Eligible for Six-Month Extension Due to Tropical Storm Karen Order

A permit and development order extension opportunity is available until January 6, 2014, for 18 Panhandle counties as a result of the threat posed to Florida by recent tropical storm activity. The extension offers an additional…more

Extensions, Natural Disasters, Permits

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Lawrence R. Liebesman

Obama Administration Releases Proposed Rule on "Waters of the United States"

The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency released a proposed rule that will impact many segments of the U.S. economy, greatly expanding future permitting requirements. The proposed rule will…more

Clean Water Act, EPA, Jurisdiction, US Army Corps of Engineers, Waters of the United States

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David Lisko

Who's the Boss? In Vance, Supreme Court Defines "Supervisor" for Purposes of Title VII Harassment Claims

Since two landmark U.S. Supreme Court decisions in 1998, the courts have applied different rules to sexual and other discriminatory harassment claims under Title VII of the Civil Rights Act of 1964 ("Title VII") based on whether…more

EEOC, Harassment, Hiring & Firing, SCOTUS, Supervisors

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Richard Liskov

Washington's Unprecedented Bid to Supplant State Insurance Regulators

In mid-October, Prudential Financial Inc. dropped its fight against being designated as a systemically important financial institution (SIFI) by the Treasury Department's Financial Stability Oversight Council. When the oversight…more

AIG, Dodd-Frank, Federal Reserve, Insurers, Prudential

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Lisa Lukaszewski

United States v. Windsor: A New Direction in Planning for Same-Sex Couples

On June 26, 2013, the U.S. Supreme Court in United States v. Windsor1 overturned Section 3 of the Defense of Marriage Act ("DOMA"), which had defined marriage as a union between a man and a woman.2 As a result, married same-sex…more

Civil Unions, Divorce, DOMA, Domestic Partnership, Estate Planning

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Mellori Lumpkin

Employment Classification Lessons Learned From Scantland v. Jeffry Knight Inc.

A recent Eleventh U.S. Circuit Court of Appeals decision issued a strong admonition to employers: the misclassification of workers as independent contractors rather than employees may have serious financial and operational…more

DOL, Employee Rights, Employer Liability Issues, FLSA, Full-Time Employees

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Chelsea MacLean

California Supreme Court to Review Inclusionary Housing Requirements

On September 11, 2013, the California Supreme Court granted the California Building Industry Association's (CBIA) petition for review challenging a San Jose ordinance that imposed "inclusionary" housing obligations on housing…more

Affordable Housing, Dolan v City of Tigard, Nollan v California Coastal Commission, Rental Property, SCOTUS

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Scott MacLeod

IRS Extends FATCA Registration Deadline to May 5, 2014

HIGHLIGHTS: - Foreign financial institutions must perform due diligence to identify their U.S.-owned accounts and report them to the IRS, as well as act as a withholding agent for payments to other foreign entities…more

Banks, Due Diligence, FATCA, FFI, Foreign Banks

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Ieuan G. Mahony

No Claim Is Too Small: Copyright Office Proposes Small Claims Tribunal

The U.S. Copyright Office has proposed legislation that would enable copyright owners to enforce their rights in a streamlined alternative to federal court litigation designed for smaller-value claims. …more

Copyright, Copyright Office, Small Claims Court

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David Mann

Advanced Energy Manufacturing Tax Credits Available

The Department of Energy and Department of Treasury announced on February 7, 2013, that they have $150 million in leftover/returned tax credits available for Clean Energy Manufacturers under the Section 48C Advanced Energy…more

American Taxpayer Relief Act, Clean Energy, DOE, Manufacturers, Renewable Energy

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Nicole M. Maron

Division of Corporation Finance Releases New CDIs

The SEC recently released new Compliance and Disclosure Interpretations (CDIs) on a variety of topics under the Securities Act, the Exchange Act and Regulation S-K. A brief summary of some of these new CDIs is presented below…more

Compliance, Disclosure Requirements, Executive Compensation, Regulation S-K, Rule 144A

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Katherine H. Marques

New York City Sick Leave Law Expanded Prior to April 1, 2014, Effective Date

New York City's Earned Sick Time Act – which requires most of the city's private employers to provide paid or unpaid sick leave to employees – takes effect on April 1, 2014. The Earned Sick Time Act has already been expanded…more

Municipalities, Sick Leave

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Bob Martinez

2013 Florida Legislative Session Recap

Prior to the start of the 2013 Florida legislative session, President Gaetz and Speaker Weatherford outlined a joint agenda that included tackling ethics, elections, campaign finance, state pensions and higher education. The…more

New Legislation, Proposed Legislation, State Budgets

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Daniel E. Martinez

New ITIN Procedures Complicate U.S. Tax Compliance

On June 22, 2012, the IRS announced interim changes, including more stringent requirements, to its procedures for issuing new individual taxpayer identification numbers (ITINs). ITINs are nine-digit numbers issued for tax…more

Foreign Taxpayers, IRS, ITIN

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Paolo Mastrangelo

Conflict Minerals Reporting Requirements

International Trade Partner Ron Oleynik and Public Affairs Advisor Paolo Mastrangelo succinctly explain the due diligence process for companies with conflict minerals in their products and the need for transparency in their…more

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D. Bruce May

New Ethics Law Could Affect Companies Doing Business with Florida State Agencies and Local Governments

The Florida Legislature recently passed Senate Bill 2, a wide-ranging ethics law that could affect companies that do business with state agencies and local governments in Florida…more

Ethics, Penalties, Reporting Requirements, Solicitation Provisions, Vendors

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Andrew McAllister

DDTC Ups the Ante on Data Gathering from ITAR-Registered Companies and Introduces Electronic Filing

Pursuant to the International Traffic in Arms Regulations (ITAR), the U.S. Department of State Directorate of Defense Trade Controls (DDTC) has issued a revised Statement of Registration (DS-2032) form and now allows it to be…more

DDTC, Disclosure Requirements, Electronic Filing, ITAR, Registration

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Allison McCarthy

Hotel Management Agreement Termination Disputes: Is There Shelter from the Storm?

In the wake of Fairmont v. Turnberry and M Waikiki LLC v. Marriott Hotel Services in 2012, the hospitality industry was abuzz about the dramatic ousters of the hotel operators by the hotel owners. The sensational events…more

Hotel Management Agreements, Hotels, Termination

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Miriam McKendall

New Campus Security Laws Take Effect This Month

A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand what…more

Colleges, Domestic Violence, Educational Institutions, Sexual Assault, Stalking

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Charles McLaurin

Fair Use and the Digital Campus: Court Says University Doesn’t Need Permission from Publishers to Give Students Course Packs Via E-Reserve System

Classroom interests and publishing house interests often conflict with respect to access to educational content. Educational institutions (among others) support open or low-cost access to this content, citing the value of…more

Cambridge University Press, Copyright, Fair Use, Royalties

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Matthew Mears

Florida Judge Quashes Subpoena in Political Taping Case

In a criminal case arising from the secret recording of a private conversation, Florida prosecutors issued a subpoena to compel a news reporter to testify in a case against a former aide to Lt. Gov. Jennifer Carroll. The…more

Absolute Privilege, First Amendment, Journalists, Motions to Quash, Subpoenas

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Joanna Meldrum

Obama Administration Releases Proposed Rule on "Waters of the United States"

The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency released a proposed rule that will impact many segments of the U.S. economy, greatly expanding future permitting requirements. The proposed rule will…more

Clean Water Act, EPA, Jurisdiction, US Army Corps of Engineers, Waters of the United States

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James W. Michalski

New California Employment Laws for 2014: What Your Business Needs to Know

The California Legislature enacted numerous employment laws in 2013 that affect California employers. The significant changes initiated by these statutes include a higher minimum wage, increased whistleblower protections and new…more

Employment Policies, State Immigration Laws, Wage and Hour, Whistleblower Protection Policies

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Matthew Mitchell

Massachusetts Employers May Be Liable to Out-of-State Employees Misclassified as Independent Contractors

Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as…more

Employer Liability Issues, Independent Contractors, Misclassification, Unpaid Overtime, Unpaid Wages

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Jeffrey W. Mittleman

CMS Issues Medicare Advantage And Part D Final Call Letter For 2015

The Medicare Advantage and Part D Final Call Letter announces requirements for the 2015 contract year, including changes to Part C and Part D star ratings and how CMS will evaluate Part D plan structures submitted for the…more

CMS, Healthcare, Medicare, Medicare Advantage, Medicare Part D

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Amanda J. Monchamp

Judicial Review Of CEQA Categorical Exemptions From 1997-Present

This report reviews all California Court of Appeal and Supreme Court decisions that have analyzed categorical exemptions under the California Environmental Quality Act (CEQA) from 1997 through the present. This research was…more

Categorical Exemptions, CEQA, Exemptions

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Guinevere Moore

United States v. Windsor: A New Direction in Planning for Same-Sex Couples

On June 26, 2013, the U.S. Supreme Court in United States v. Windsor1 overturned Section 3 of the Defense of Marriage Act ("DOMA"), which had defined marriage as a union between a man and a woman.2 As a result, married same-sex…more

Civil Unions, Divorce, DOMA, Domestic Partnership, Estate Planning

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Thomas F. Morante

Auditing the Adults: U.S. Insurance Regulators' Increased Focus on Non-Insurer Parents

Originally published in LIMRA Regulatory Review on 1/2013 If there is one change in U.S. insurance regulation that directly resulted from the financial crisis of 2008, it is the expansion of regulatory oversight of the…more

Affiliates, Audits, Compliance, Confidentiality, Enterprise Risks

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Christopher A. Myers

Second Circuit Holds In-House Lawyer Precluded from Blowing Whistle on Former Employer

The Second Circuit issued an opinion tackling the interplay between an attorney's ethical obligation to maintain client confidences and the ability to act as a "whistleblower" to report unlawful conduct to the government. The…more

Anti-Kickback Statute, Confidentiality Rule, Corporate Counsel, False Claims Act, Legal Ethics

See All Updates »

Charles Naftalin

Drones in the United States: What Will It Take to Fly?

The civilian use of unmanned aerial technology — UAVs, UASs or drones — is inevitable, and right now, the government is sorting through regulatory, aviation, telecommunications, First Amendment and privacy issues. Given the…more

Drones, FAA, First Amendment, Right to Privacy, Unmanned Aircraft Systems

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Judith Nemsick

U.S. Supreme Court Unanimously Reverses Ninth Circuit in Northwest, Inc. v. Ginsberg, Holding ADA Preempts State-Imposed Fair Dealing Claims That Enlarge Contractual Obligations

The U.S. Supreme Court unanimously holds that the Airline Deregulation Act (ADA) preempts a state-law claim for breach of the implied covenant of good faith and fair dealing where it seeks to enlarge the parties' voluntary…more

Airline Deregulation Act, Covenant of Good Faith and Fair Dealing, Northwest v Ginsberg, Preemption, SCOTUS

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Tracy A. Nichols

Court Holds the Chancery Court's Nonpublic Arbitrations Violate the First Amendment

In April 2009, the Delaware General Assembly amended the rules governing disputes in the Court of Chancery to give the court power to arbitrate business disputes before a member of the Court of Chancery. The arbitration required…more

Arbitration, First Amendment

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Kathleen M. Nilles

Interim IRS Guidance Confirms Per Capita Distributions from Tribal Trust Resources Are Nontaxable

Notice 2014-17 Is a Positive Development Because It Should Ultimately Result in Consistent IRS Treatment of Tribal Trust Resources, But Several Issues Remain Unresolved. The Notice provides that the IRS and Treasury will…more

Exclusions, Indian Tribal Trusts, IRS

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Christopher R. Nolan

New York Appeals Court Issues Important Rule B And Maritime Corporate Veil-Piercing Decision; Lenient U.S. Maritime Law Veil-Piercing Standard Should Continue To Apply In Most Instances

For the past sixty years, and until January 11, 2013, U.S. federal courts routinely have applied the comparatively expansive (and potentially creditor-friendly) "maritime law of veil piercing" when examining veil-piercing and/or…more

Alter Ego, Corporate Veil, Federal Maritime Commission

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James M. Norman

Hotel Owner/Operator Disputes: To Mediate or Not to Mediate

That is the question. The answer is really more about how to mediate, rather than whether to mediate. It’s also about when to mediate..…more

Hotels, Mediation

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Abigail O'Conner

The American Taxpayer Relief Act of 2012: What It Means for You

In the final hour of January 1, 2013, Congress passed The American Taxpayer Relief Act of 2012 (the "Act"), which in part addressed the dramatic sunset of favorable federal estate, gift and generation-skipping tax exemption…more

American Taxpayer Relief Act, Capital Gains, Dividends, Estate Tax, Fiscal Cliff

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Ronald A. Oleynik

Conflict Minerals Reporting Requirements

International Trade Partner Ron Oleynik and Public Affairs Advisor Paolo Mastrangelo succinctly explain the due diligence process for companies with conflict minerals in their products and the need for transparency in their…more

See All Updates »

Chukwugozie Onyema

Crisis in Ukraine: U.S. Imposes Additional Sanctions Targeting President Putin's Inner Circle

The United States has blocked the assets of a number of senior Russian officials considered to be part of President Putin's inner circle as well as the assets of one Russian bank owned by targeted officials. U.S. companies are…more

Foreign Policy, Russia, Sanctions, Ukraine

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Kevin Packman

States Fight Back and Employ Creative Techniques to Collect Tax & Tolls

States are fighting back. While they may not have the same resources available to combat tax avoidance, as the Internal Revenue Service or Department of Justice, they are resorting to creative measures. …more

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Kenneth W. Parsons

Interim IRS Guidance Confirms Per Capita Distributions from Tribal Trust Resources Are Nontaxable

Notice 2014-17 Is a Positive Development Because It Should Ultimately Result in Consistent IRS Treatment of Tribal Trust Resources, But Several Issues Remain Unresolved. The Notice provides that the IRS and Treasury will…more

Exclusions, Indian Tribal Trusts, IRS

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Sarah Passeri

Daimler and Walden: The Supreme Court's Continued Trend on Limiting Personal Jurisdiction

The Supreme Court has issued two decisions that clarify the limitations of general and specific jurisdiction over a non-resident defendant. A defendant corporation will be subject to general jurisdiction in a state only if its…more

DaimlerChrysler, DaimlerChrysler v Bauman, Jurisdiction, Minimum Contacts, Personal Jurisdiction

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Victor Perez

New ITIN Procedures Complicate U.S. Tax Compliance

On June 22, 2012, the IRS announced interim changes, including more stringent requirements, to its procedures for issuing new individual taxpayer identification numbers (ITINs). ITINs are nine-digit numbers issued for tax…more

Foreign Taxpayers, IRS, ITIN

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Scott D. Ponce

Prior Restraint Vacated in Lawsuit by Haiti's Prime Minister

A federal district judge in Miami vacated a prior restraint forbidding a U.S.-based Haitian journalist from ever publishing anything relating to the prime minister of Haiti. Prime Minister Laurent Lamothe sued Leo Joseph for…more

Defamation, Free Speech, Prior Restraint

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Harold Potter

$41.7 Million Jury Verdict Against School Triggers Scrutiny of Travel Abroad Programs

The $41.7 million jury verdict last week against The Hotchkiss School in Lakeville, Connecticut sent shock waves through the independent school community. A 15-year-old Hotchkiss student suffered insect bites on a…more

Jury Verdicts, School Safety, Travel

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Spencer Potter

City of Ceres: California Appeals Court CEQA Decision Complicates Whether Agencies' Communications with Developers Are Privileged

On July 8, 2013, the Fifth District of the California Court of Appeal issued Citizens for Ceres v. Super. Ct. of Stanislaus County (Case No. F065690 (Cal. Ct. App. 5th, July 8, 2013)) (Ceres), a perplexing opinion holding that…more

Attorney-Client Privilege, CEQA, Common-Interest Privilege

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Jose Antonio Prado

Mexican Senate and House of Representatives Approve Constitutional Energy Sector Reform

A constitutional reform approved by Mexico's Senate and House of Representatives will transform the country's energy sector, pending expected approval by the majority of state congresses. …more

Energy Reform, Foreign Investment, Investors, Mexico, Oil & Gas

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David Preiss

New and Improved Law to Govern Commercial Common Interest Developments in California

As of January 1, 2014, commercial common interest developments (CIDs) in California are governed by the new Commercial and Industrial Common Interest Development Act. The New Act establishes provisions specific to…more

CID, Local Ordinance, Real Estate Development, Restrictive Covenants

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Christine Quigley

Revenue Ruling Confirms that IRS Will Recognize Same-Sex Marriages, But Not Civil Unions or Registered Domestic Partnerships

The recent U.S. Supreme Court decision inUnited States v. Windsor overturning Section 3 of the Defense of Marriage Act (DOMA) raised several questions regarding the federal tax treatment of same-sex couples. (See Holland &…more

Civil Unions, DOMA, Domestic Partnership, Employee Benefits, IRS

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James Ramsey

Newly Enacted Legislation Rewrites Florida's Rules on Individual Design Professional Liability

A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state…more

Amended Legislation, Designer Professionals' Liability, Negligence, New Legislation, Service Contracts

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Richard Raysman

"Deliberate Ignorance" Sufficient Mens Rea For Criminal Conviction Under DMCA

As a Circuit judge recently noted in dissent, the Digital Millennium Copyright Act (DMCA) strives to "achieve a balance between strengthening copyright law and preserving consumer rights, promoting technological innovation, and…more

Copyright Infringement, Criminal Prosecution, DMCA, First Amendment

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Michael D. Redondo

Delaware Court of Chancery Upholds Forum Selection Provisions in Board-Adopted Bylaws

On June 25, 2013, Chancellor Strine of the Delaware Court of Chancery upheld the statutory and contractual validity of bylaws adopted by a corporation's board of directors that specifically designate an exclusive forum for…more

Board of Directors, Bylaws, Forum, Forum Selection Clause, Jurisdiction

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Marc S. Reisler

District Court Reaffirms that Service Provider will be Granted Immunity under Section 230 of the Communications Decency Act

Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties. Specifically,…more

Communications Decency Act, Hewlett-Packard, Internet Service Providers

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William Rich

Estate Planning with Portability: Not a Panacea

When Congress resolved the fiscal cliff crisis early this year, it brought permanence to estate, gift and generation-skipping transfer tax laws that had been in flux for over a decade. In short, the American Taxpayer Relief Act…more

American Taxpayer Relief Act, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer, Gift-Tax Exemption

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Amy Rigdon

IRS Extends FATCA Registration Deadline to May 5, 2014

HIGHLIGHTS: - Foreign financial institutions must perform due diligence to identify their U.S.-owned accounts and report them to the IRS, as well as act as a withholding agent for payments to other foreign entities…more

Banks, Due Diligence, FATCA, FFI, Foreign Banks

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Joel Edward Roberson

Drones in the United States: What Will It Take to Fly?

The civilian use of unmanned aerial technology — UAVs, UASs or drones — is inevitable, and right now, the government is sorting through regulatory, aviation, telecommunications, First Amendment and privacy issues. Given the…more

Drones, FAA, First Amendment, Right to Privacy, Unmanned Aircraft Systems

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Robert Rogers

Two Federal Cases Hold Website "Responsible" for Postings on thedirty.com

Courts in Kentucky and Maryland — in a pair of cases involving the saucy website thedirty.com — have broken new ground by suggesting that website operators can waive immunity under the Communications Decency Act (CDA) for…more

Defamation, TheDirty.Com, Third-Party, Website Owner Liability

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Steven B. Roosa

FTC Provides Guidance On Obtaining Parental Consent Under COPPA

The Federal Trade Commission (FTC) has recently responded to three applications seeking approval for new methods for obtaining parental consent under the Children's Online Privacy Protection Rule…more

COPPA, FTC, Parental Consent

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Shannon Hartsfield Salimone

Free HIPAA Help

Health care providers, health plans, business associates, and other entities affected by the federal HIPAA privacy and security regulations are quickly running out of excuses for not having a robust HIPAA compliance program in…more

Business Associates, Compliance, Covered Entities, Healthcare, HHS

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David J. Santeusanio

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued…more

American Express v Italian Colors Restaurant, Audio Recording, Boeing, Canning v NLRB, Class Action Arbitration Waivers

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Louis Santiago

Under FLSA Section 203(o) Does the Term "Changing Clothes" Include the Time a Manufacturing Employee Spends Putting On and Taking Off Safety Equipment?

For minimum wage and over-time purposes, Section 203(o) of the Fair Labor Standards Act (FLSA) states that "hours worked" does not include time spent "changing clothes" if that time is excluded from working time by the express…more

Collective Bargaining, FLSA, Protective Gear, Safety Equipment, Sandifer v U.S. Steel Corp

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John Sarchio

Auditing the Adults: U.S. Insurance Regulators' Increased Focus on Non-Insurer Parents

Originally published in LIMRA Regulatory Review on 1/2013 If there is one change in U.S. insurance regulation that directly resulted from the financial crisis of 2008, it is the expansion of regulatory oversight of the…more

Affiliates, Audits, Compliance, Confidentiality, Enterprise Risks

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Edward Sarnowski

SEC Files Initial Brief in Conflict Minerals Rule Case

The SEC recently filed its initial brief in the case pending in the United States Court of Appeals for the D.C. Circuit in which the National Association of Manufacturers, United States Chamber of Commerce, and Business…more

Conflict Mineral Rules, Consumer Protection Act, De Minimis Claims, Dodd-Frank, First Amendment

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David I. Schneider

National Defense Authorization Act of 2013 Includes Significant Small Business-Related Provisions

The National Defense Authorization Act of 2013 (“NDAA”), which the President signed into law on January 3, 2013, includes significant reforms to the rules for contracting with small businesses…more

In-Sourcing, Mentor-Protege Program, NDAA, Safe Harbors, SBA

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Phillip Schreiber

Bring Your Own Device Policies: What Employers Need to Know

Employers that allow their employees to use their own mobile devices for work purposes should have in place well-considered Bring Your Own Device (BYOD) policies.Effective employer BYOD policies anticipate and address a range of…more

Bring Your Own Device, Confidential Information, Data Protection, Employer Liability Issues, Mobile Devices

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Benjamin Schuster

Illinois Appellate Court Narrows Attorney General's FOIA Opinion on Communications on Elected Officials' Private Devices

On July 16, 2013, the Appellate Court of Illinois for the Fourth District issued an opinion in City of Champaign v. Madigan, 2013 IL App (4th) 120662, that upheld the Illinois Attorney General's (AG) binding opinion (Public…more

Attorney Generals, Electronically Stored Information, Email, FOIA, Mobile Devices

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Vanessa Patton Sciarra

Foreign Food Producers Play Catch-Up as FDA Issues Draft Regulations to Implement New Food Safety Standards

The U.S. Food and Drug Administration (FDA) is in the process of implementing sweeping new regulations governing the production of both domestic and imported food products. Many foreign food producers will be at a disadvantage…more

Farms, FDA, Food Manufacturers, Food Safety, GMO

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Lawrence Sellers

Some Panhandle Development Permits Eligible for Six-Month Extension Due to Tropical Storm Karen Order

A permit and development order extension opportunity is available until January 6, 2014, for 18 Panhandle counties as a result of the threat posed to Florida by recent tropical storm activity. The extension offers an additional…more

Extensions, Natural Disasters, Permits

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Melanie Sengupta

Government Issues Final Rule on Economic Impact Analyses for Endangered Species Act Habitat Designations

Because of its huge impact on land use, the designation of critical habitat is one of the most controversial and heavily litigated areas of the Endangered Species Act (ESA), as seen with the designation of millions of acres to…more

Critical Habitat, Economic Impact Analysis, Endangered Species Act, ESA Listings

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David Shayne

Key Factors of a Computer Digital Account (CDA) Plan to Protect Your Legacy

Increasingly, we interact with the world around us through digital devices and social media. Compared to decades past, our most essential information is now stored on a computer or hand-held device. Everything can now be done…more

Digital Assets, Electronically Stored Information, Estate Planning

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William N. Shepherd

Proposed Anti-Human Trafficking Rule Could Significantly Affect Contractor Compliance Programs

U.S. government contractors and subcontractors may need to comply with two new federal procurement rules proposed by the Obama administration to prevent the use of forced labor. Affected companies should review and update…more

Forced Labor, Human Rights, Human Trafficking, NDAA, Supply Chain

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William Sherman

Post-Fiscal Cliff: What the New American Taxpayer Relief Act Does and Does Not Do

At midnight on December 31, 2012, the United States briefly fell off of the much-anticipated and highly publicized "fiscal cliff," with income tax rates rising on most taxpayers and a host of substantial spending cuts affecting…more

Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Dividends, Estate Tax

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Christine Shiker

The District of Columbia's Implementation of Stormwater Management Regulations Enters Second Transition Phase

During the second transition period for the implementation of the District's new Stormwater Management Regulations, certain regulated projects may qualify for exemptions from certain stormwater retention requirements…more

Erosion, Infrastructure, Land Developers, Sediment Control, Storm Water

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Richard Sills

Substantiation is a Requirement to Deduct a Charitable Contribution

Donors must receive acknowledgment letters from charitable organizations in order to deduct contributions of $250 or more. See IRS Publication 1771…more

Charitable Donations, Charitable Organizations, IRS

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Tracy Rachel Slavens

Florida Legislature Extends Deadline to Seek Permit Extensions to October 1, 2013

During the 2013 Regular Session, the Florida Legislature enacted a measure again extending the deadline for holders of certain specific development approvals to seek a two-year extension for these approvals. Pursuant to…more

Construction Site, Deadlines, Environmental Policies, Extensions, Permits

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Daniel Small

Internal Investigations at Educational Institutions: 10 Key Points

Knowing how to properly conduct internal investigations is becoming essential in academe. From the Freeh Report on the Penn State tragedy to more recent incidents and scandals, administrators, trustees and other leaders at…more

Internal Investigations, Universities

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David P. Sofge

Who Are the Trolls?

The September 16 delivery date for the GAO study on “non-practicing entities” (NPEs) and "patent assertion entities" (PAEs) under the America Invents Act has come and gone, and a report is now expected by November or December…more

GAO, Patent Assertion Entities, Patent Trolls, Patents

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Howard Sokol

New York's Fair Play Act Changes Rules of the Road for the Commercial Goods Transportation Industry

The New York State Commercial Goods Transportation Industry Fair Play Act, which takes effect March 11, 2014, will change the commercial delivery landscape in New York by making it harder for companies to treat its drivers as…more

Compliance, Delivery Drivers, Independent Contractors, Notice Requirements, Trucking Industry

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Rodolfo Sorondo

Florida Supreme Court Limits Application of the Economic Loss Rule to Product Liability Cases

Earlier today, the Florida Supreme Court published an important decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et al., No. SC10-1022 (March 7, 2013). The case was before the court on a…more

Economic Damages, Economic Loss Doctrine, Insurers

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Miriam R. Sowinski

SEC Issues Proposed Crowdfunding Rules

On October 23, 2013, the SEC issued a unanimous rule proposal authorized under Title III of the Jumpstart Our Business Startups Act (the JOBS Act) permitting securities-based crowdfunding. The proposed rules provide a…more

Broker-Dealer, Crowdfunding, Disclosure Requirements, Funding Portal, JOBS Act

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Austin Stack

Final Rules Issued Implementing the Volcker Rule

On December 10, 2013, five federal agencies — the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission…more

Banks, CFTC, Dodd-Frank, FDIC, Federal Reserve

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John Stanton

Supreme Court Upholds Class Action Waivers in Arbitration Agreements

Last week, the United States Supreme Court decided American Express v. Italian Colors Restaurant and affirmed the right of parties to agree to class action waivers in arbitration contracts…more

American Express, American Express v Italian Colors Restaurant, Class Action Arbitration Waivers, Class Arbitration, Federal Arbitration Act

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Michael Starr

New York's Highest Court: Indefinite Leave Not Reasonable Under State Law, But Could Be Under NYC Law

In a decision that is both favorable to and disadvantageous for New York State employers, the New York Court of Appeals has ruled that indefinite leave is not a reasonable accommodation for persons with disabilities under the…more

Disability, Disability Discrimination, Reasonable Accommodation, Undue Hardship, Unpaid Leave

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Monte Starr

Newly Enacted Legislation Rewrites Florida's Rules on Individual Design Professional Liability

A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state…more

Amended Legislation, Designer Professionals' Liability, Negligence, New Legislation, Service Contracts

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Aimee Steel

Compliance Corner: Contribution Attribution and Federal Primary Dates for 2014

With 2014 being a federal election year, and primary elections occurring during a span of just six quick months, it is important to keep an eye on the dates of those primaries when making political contributions to avoid a…more

Compliance, Deadlines, Election Laws, FEC

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Mark Steger

Illinois Hydraulic Fracking Bill Becomes Law

After a nearly unanimous vote by the Illinois legislature, on June 17, 2013, Governor Pat Quinn signed the Hydraulic Fracturing Regulatory Act ("HFRA") into law. Citing the need for jobs in southern Illinois and the need to…more

Disclosure Requirements, EPA, Fracking, New Legislation, Permits

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Ilenna J. Stein

Massachusetts Public Health Council Approves Regulations Implementing Relaxation of Strict Ban on Gifts from Pharmaceutical and Medical Device Manufacturers

On November 21, 2012, the Massachusetts Public Health Council (PHC) approved the final regulatory amendments implementing the Pharmaceutical and Medical Device Manufacturer Conduct Law, MGL ch. 111N, which was amended by Gov…more

Medical Devices, Pharmaceutical, Physician Gift-Ban Law, Sunshine Act

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Richard B. Stephens

Guarantees of Interest Rate Swap Obligations by Non-ECP Guarantors Are Probably Illegal and Unenforceable

Options for Lenders to Consider Until the CFTC Offers Further Guidance - The Commodity Futures Trading Commission (the CFTC) has made a determination that could affect the legality and enforceability of certain guarantees…more

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Jeremy Sternberg

HHS-OIG Corporate Integrity Agreements Are Now Aiming at Corporate Directors and Executives

Corporate integrity agreements (CIAs) are a familiar feature of many civil False Claim Act and joint civil/criminal resolutions in healthcare fraud cases. These agreements are entered into between the defendant company and the…more

Board of Directors, C-Suite Executives, Compliance, Corporate Integrity Agreement, FCA

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Cameron Stout

What You Need to Know About the STOCK Act

Beginning today, members and senior staff1 of the U.S. House of Representatives and U.S. Senate are required to disclose certain financial transactions no later than 45 days after the transaction has occurred. This new…more

Insider Trading, Know Your Customers, Periodic Transfer Reports, Rule 10b-5, SEC

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Sonya Strnad

U.S. Supreme Court to Hear Challenge to Fraud-on-the-Market Presumption

On June 11, 2012, the U.S. Supreme Court granted certiorari to a biotechnology company's challenge of the fraud-on-the-market presumption in a securities fraud case. This rebuttable presumption was first approved by the Court in…more

Fraud, Fraud-on-the-Market

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Andrea Sumits

California Adopts Nationally Ground-Breaking Safer Consumer Product Regulations

California's Green Chemistry Initiative blazes a new trail for consumer products in the United States, establishing a comprehensive approach aimed at reducing — over time — exposures to hazardous chemicals commonly found in a…more

Chemicals, Compliance, Department of Toxic Substances Control, Green Chemistry, Hazardous Substances

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Lindsay Dennis Swiger

New EEOC Guidance Prompts Reevaluation Of Criminal Screening Policies

Just when most churches have made criminal background screening standard to avoid harm to children, the elderly, and other vulnerable persons and liability, the federal government has issued guidance reminding employers that,…more

Criminal Background Checks, Discrimination, EEOC, Hiring & Firing, Title VII

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Nicholas Targ

Federal Efficiency/Streamlining: CEQ Issues New NEPA Guidance Documents

The Council on Environmental Quality (CEQ) released two handbooks under the federal National Environmental Policy Act (NEPA) on March 5, 2013, that provide regulatory guidance to "encourage more efficient environmental reviews."…more

CEQA, Environmental Review, Handbooks, Memorandum of Understanding, NEPA

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Samuel Taylor

Kentucky Becomes The 47th State To Enact A Data Breach Notification Law

Kentucky is now the 47th state with a data breach notification law, a development that should be of interest not only to Kentucky-based entities, but also to entities that do business in Kentucky and have personal information…more

Breach Notification Rule, Data Breach, Data Protection

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Timothy J. Taylor

Federal District Court: Documents Created During an In-House Corporate Compliance Investigation Are Not Privileged

In a noteworthy decision in Barko v. Hallilburton Co., a federal court has ruled that a company's internal investigations are not privileged and must be produced to a whistleblower. In light of the ruling in Barko, government…more

Attorney-Client Privilege, Compliance, Corporate Counsel, Internal Investigations, Work Product Privilege

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John Theberge

Decision on Florida CDD Has Broad Implications for Tax-Exempt Bonds

The IRS issued a Technical Advice Memorandum (TAM) on May 9, 2013, that the Village Center Community Development District (the "District") is not a division of state or local government, and therefore is not a political…more

Bonds, Community Development Entities, IRS, Tax-Exempt Bonds

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Daron T. Threet

Deepwater Port Act Amended to Allow Oil and Gas Exports from Offshore Facilities

On December 20, 2012, President Obama signed into law the Coast Guard and Maritime Transportation Act of 2012. The bill (HR 2838) included language amending the Deepwater Port Act (DWPA) (33 U.S.C. 1501 et seq.) to allow export…more

Deepwater Port Act, Exports, Natural Gas, Oil & Gas

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Charles Tobin

The Federal Aviation Administration Appeals Most Recent Drone Ruling

The Federal Aviation Administration (FAA) has appealed this month's ruling by an administrative law judge striking down a fine against paid photographer who had strapped cameras to a model airplane and photographed the…more

Drones, FAA

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Sepedeh Tofigh

SEC Chairman Addresses Information Overload in Disclosure Documents

SEC Chairman Mary Jo White spoke at length on "information overload" in her October 15, 2013, speech at the National Association of Corporate Directors Leadership Conference. After discussing the benefits and general types of…more

Disclosure, Documentation, EDGAR, SEC, White Collar Crimes

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Robert K. Tompkins

Federal District Court: Documents Created During an In-House Corporate Compliance Investigation Are Not Privileged

In a noteworthy decision in Barko v. Hallilburton Co., a federal court has ruled that a company's internal investigations are not privileged and must be produced to a whistleblower. In light of the ruling in Barko, government…more

Attorney-Client Privilege, Compliance, Corporate Counsel, Internal Investigations, Work Product Privilege

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Antonia Tzinova

DDTC Ups the Ante on Data Gathering from ITAR-Registered Companies and Introduces Electronic Filing

Pursuant to the International Traffic in Arms Regulations (ITAR), the U.S. Department of State Directorate of Defense Trade Controls (DDTC) has issued a revised Statement of Registration (DS-2032) form and now allows it to be…more

DDTC, Disclosure Requirements, Electronic Filing, ITAR, Registration

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MarissaUrban

Is Filling an Off-Label Prescription an Invitation to False Claims Act Liability?

On May 17, 2013, the U.S. District Court for the Northern District of Georgia issued an order that joins an unsettling line of decisions suggesting that before filling prescriptions, pharmacies must serve as the arbiters of…more

False Claims Act, Healthcare Professionals, Medicare, Medicare Part D, Off-Label Promotion

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Bradley Van Buren

Strategic Considerations for Start-Up Private Equity Fund Managers

Unprecedented barriers of entry — from the uncertainty of Dodd-Frank reforms to the economic downturn — have presented roadblocks to aspiring private equity fund managers in recent years. …more

Dodd-Frank, Fund Managers, Investment Adviser, Investment Advisers Act of 1940, Private Equity

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Tara Vance

Why Didn't My Employee Get a Form I-94 When Entering the United States?

U.S. employers and others dealing with immigration matters should be aware that U.S. Customs and Border Protection (CBP) no longer issues Form I-94 (Arrival-Departure Record) upon entry into the United States. As a result, when…more

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Woodrow "Woody" Vaughan III

SEC Initiative Encourages Continuing Disclosure Violation Self-Reporting By Issuers And Underwriters

HIGHLIGHTS - - The Municipalities Continuing Disclosure Cooperation Initiative (MCDC Initiative) begun by the SEC's Enforcement Division encourages issuers, borrowers or underwriters to self-disclose potential securities…more

Disclosure Requirements, Enforcement, SEC, Self-Reporting

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Beth A. Vecchioli

2013 Florida Legislative Session Recap

Prior to the start of the 2013 Florida legislative session, President Gaetz and Speaker Weatherford outlined a joint agenda that included tackling ethics, elections, campaign finance, state pensions and higher education. The…more

New Legislation, Proposed Legislation, State Budgets

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Edward "Ed" Vogel III

SEC Initiative Encourages Continuing Disclosure Violation Self-Reporting By Issuers And Underwriters

HIGHLIGHTS - - The Municipalities Continuing Disclosure Cooperation Initiative (MCDC Initiative) begun by the SEC's Enforcement Division encourages issuers, borrowers or underwriters to self-disclose potential securities…more

Disclosure Requirements, Enforcement, SEC, Self-Reporting

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Karen Walker

How New Public Records Law Affects Companies Providing Services to Florida State or Local Governmental Entities

During its 2013 Regular Legislative Session, the Florida Legislature passed CS/CS/HB 1309, which relates to governmental accountability in contracting. Among other things, this legislation created Section 119.0701, Florida…more

Government Entities, New Legislation, Public Records, State and Local Government

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Christine Walz

FOIA Settlement Advances Story on Civil Rights-Era Informant Records

A unique settlement in a Washington, D.C., Freedom of Information Act lawsuit has provided a Memphis newspaper unprecedented access to the FBI's informant records from the civil rights era, including documentation of the U.S…more

Civil Rights Act, Confidential Sources, FBI, FOIA, NAACP

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Stephen Warren

U.S. Supreme Court to Reconsider "Fraud-on-the-Market" Presumption in Securities Fraud Class Actions

On November 15, 2013, the U.S. Supreme Court announced that it would revisit the "fraud-on-the-market" presumption that it adopted 25 years ago, which substantially expanded securities fraud class actions. The appeal in which…more

Amgen, Class Action, Class Certification, Fraud-on-the-Market, Halliburton

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Andrew Weinstein

The IRS and Gun Control

Earlier this month, the First Circuit Court of Appeals held in a case of first impression that evidence seized by IRS special agents from the taxpayer's home was admissible even though IRS Special Agents were armed when they…more

Conspiracies, Fraud, Gun Laws, IRS, Payroll Taxes

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Stewart Weiss

Legislative Alert: Illinois House of Representatives Passes HB 924

On April 18, 2013, the Illinois House of Representatives passed House Bill 924 on a 60–50 vote. The bill amends the Illinois Prevailing Wage Act (820 ILCS 130/2) to require that all contractors and subcontractors bidding on work…more

Contractors, New Legislation, Reporting Requirements, Subcontractors

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Michael Werner

Drug Quality and Security Act Gives FDA Authority to Regulate Drug Compounding and Creates Uniform Federal Standards for Distribution

On Nov.18, Congress enacted sweeping changes to the laws governing the safety of the drug supply. The Drug Quality and Security Act (the act) clarifies FDA's authority to regulate drug compounding. It also creates uniform…more

Drug Distribution, Drug Manufacturers, FDA, Prescription Drugs

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George Y. Wheeler

FCC Approves Five Multipurpose Waivers of New Accessibility Rules

In the first action of its kind, the Federal Communications Commission has approved, in part, five class waivers of its new accessibility rules for advanced communications services ("ACS"), which were adopted last October (the…more

Accessibility Rules, ACS, CVAA, FCC, Multipurpose Waivers

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Frank White, Jr

Strategic Considerations for Start-Up Private Equity Fund Managers

Unprecedented barriers of entry — from the uncertainty of Dodd-Frank reforms to the economic downturn — have presented roadblocks to aspiring private equity fund managers in recent years. …more

Dodd-Frank, Fund Managers, Investment Adviser, Investment Advisers Act of 1940, Private Equity

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Keith M. Wiener

Federal Court Declares 8(a) Program Unconstitutional as Applied to Military Simulation and Training Contracts

A federal court has ruled that the section 8(a) of the Small Business Act (SBA) – the statutory basis for the so-called “8(a) program” administered by the U.S. Small Business Administration (“SBA”) – is generally constitutional…more

DBE Program, DOD, Due Process, DynaLantic, Equal Protection

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Michael Wiener

SEC Initiative Encourages Continuing Disclosure Violation Self-Reporting By Issuers And Underwriters

HIGHLIGHTS - - The Municipalities Continuing Disclosure Cooperation Initiative (MCDC Initiative) begun by the SEC's Enforcement Division encourages issuers, borrowers or underwriters to self-disclose potential securities…more

Disclosure Requirements, Enforcement, SEC, Self-Reporting

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Kwamina Thomas Williford

Federal District Court: Documents Created During an In-House Corporate Compliance Investigation Are Not Privileged

In a noteworthy decision in Barko v. Hallilburton Co., a federal court has ruled that a company's internal investigations are not privileged and must be produced to a whistleblower. In light of the ruling in Barko, government…more

Attorney-Client Privilege, Compliance, Corporate Counsel, Internal Investigations, Work Product Privilege

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Richard Winter

Delaware Chancery Court Upholds Validity of Forum Selection By-Laws

On June 25, 2013, Chancellor Leo E. Strine of Delaware's Court of Chancery declared valid corporate by-laws that require that disputes involving internal matters be litigated in Delaware…more

Board of Directors, Bylaws, Corporate Governance, Forum Selection Clause

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Melissa A. Wong

CMS Issues Medicare Advantage And Part D Final Call Letter For 2015

The Medicare Advantage and Part D Final Call Letter announces requirements for the 2015 contract year, including changes to Part C and Part D star ratings and how CMS will evaluate Part D plan structures submitted for the…more

CMS, Healthcare, Medicare, Medicare Advantage, Medicare Part D

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Tricia Wozniak

ICANN's Trademark Clearinghouse Set to Launch on March 26, 2013

The Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit corporation responsible for managing the domain name system, is evaluating more than 1,900 applied-for generic top-level domains (gTLDs), such as…more

gTLD, ICANN, Trademark Clearinghouse, Trademarks

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Barbara Yadley

Guarantees of Interest Rate Swap Obligations by Non-ECP Guarantors Are Probably Illegal and Unenforceable

Options for Lenders to Consider Until the CFTC Offers Further Guidance - The Commodity Futures Trading Commission (the CFTC) has made a determination that could affect the legality and enforceability of certain guarantees…more

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Adam Young

Illinois Firearm Concealed Carry Act Will Require Employers to Take Action

On July 9, 2013, Illinois passed the Firearm Concealed Carry Act (FCCA), becoming the final state to permit the concealed carry of firearms. In 2014, the Illinois State Police must begin accepting applications for licenses to…more

Concealed Carry Permit, Concealed Weapons, Employer No-Weapons Policies, Gun Laws, Guns-in-Trunks Legislation

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Michael Zdeb

Dissenter Rights Create Trend of Investors Driving Higher Prices and Gaining Interest

Two recent high-profile shareholder rights cases in the Delaware Chancery Court have received a lot of attention due to the money that is at stake and the individuals in the disputes. These two cases, along with several other…more

Dissenters Rights, Hedge Funds, Privately Held Corporations, Shareholder Rights

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Zehava Zevit

Top 10 Indian Tribal Tax Developments in 2013 and Priorities for 2014

In 2013, courts were active in issues relating to Indian tribes, including ruling on state tax matters and the federal income tax aspects of Section 17 corporations. The top 10 Indian tribal tax developments from 2013 and…more

Casinos, General Welfare Exclusion, Income Taxes, Indian Gaming, IRS

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