Holland & Knight LLP

Validez de prueba de alcoholemia a trabajadores

La Corte Suprema de Justicia en Sala de Casación Laboral publicó en febrero de 2015, mediante la sentencia No. 38381 del 18 de junio de 2014, algunos puntos importantes sobre la validez de la prueba de alcoholemia a los…more

Columbia

See All Updates »

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

See All Updates »

Religious Institutions: June 2015

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate in…more

Abercrombie & Fitch, Affordable Care Act, Catholic Diocese, Contraceptive Coverage Mandate, Contraceptives

See All Updates »

Reminder for California Employers: Paid Sick Leave Effective July 1, 2015 - Both Non-Exempt and Exempt Employees Are Covered by the Healthy Workplaces, Healthy Families Act of 2014

On July 1, 2015, California’s Healthy Workplaces, Healthy Families Act of 2014 takes effect. Given the fast-approaching deadline for compliance, this is a reminder about the new law and its requirements. The highlights of the…more

Accrued Benefits, Employee Benefits, Healthy Workplace Act, Labor Commissioners, New Legislation

See All Updates »

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

See All Updates »

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

See All Updates »

FDA Issues New Drug Compounding and Outsourcing Facility Guidance - The New Policy Documents Clarify FDA's Expectations and Enable the Compounding Industry to Comply with the Compounding Quality Act

The FDA issued multiple policy documents on July 1, 2014, to implement the Compounding Quality Act (CQA). Congress enacted the CQA in November 2013 as part of the Drug Quality and Security Act (DQSA), in response to the deadly…more

DQSA, Drug Compounding, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

SEC Adopts "Regulation A+" That Expands Capital Raising Flexibility for Non-Public Companies

On March 25, 2015, the U.S. Securities and Exchange Commission (SEC) adopted final rules that will greatly facilitate the ability of private (i.e., non-SEC reporting) financial institutions and other companies to access the…more

Capital Formation, Debt Securities, Equity Securities, Issuers, JOBS Act

See All Updates »

Court Reaffirms Preemptive Effect of Statute Protecting Aircraft Lessors

The District Court for the Northern Mariana Islands has reaffirmed the proposition that an aircraft lessor is shielded from liability for injuries to persons on board an accident aircraft when the lessor is not in possession or…more

Airplane Accidents, Aviation Industry, Emotional Distress Damages, Liability, Negligence

See All Updates »

Proposed FAR Amendments Create New Disclosure Obligations and Compliance Regime - The Complex Proposal Will Have High Implementation Costs and a Potential Impact on the Prime/Subcontractor Relationship

On May 28, 2015, the government proposed to amend the Federal Acquisition Regulation (FAR) to mandate disclosure by government prime and subcontractors of violations of 15 categories of worker protection laws. The Department of…more

Disclosure Requirements, DOL, Employer Liability Issues, Executive Orders, Fair Pay and Safe Workplaces

See All Updates »

Supreme Court Will Hear Case on ACA Health Insurance Tax Credits

On Nov. 7, 2014, the U.S. Supreme Court announced that it will hear the case of King v. Burwell, one of multiple challenges to the validity of the premium tax credits provided under the Affordable Care Act (ACA) to individuals…more

Affordable Care Act, Halbig v Burwell, Health Insurance Exchanges, Healthcare Reform, Healthcare.gov

See All Updates »

Florida Legislature Offers Permit and Development Order Extension Opportunity - Written Notification Due to the Authorizing Agency by Dec. 31, 2014

During the 2014 Regular Session, the Florida Legislature enacted a measure providing holders of certain specific development approvals an opportunity to seek a two-year extension for these approvals. Any building permit and any…more

Building Permits, Construction Industry, Extensions, Real Estate Development, Relief Measures

See All Updates »

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

See All Updates »

DOJ Shifts Stance on False Statements Prosecutions - A Change That Could Have a Major Impact on Future White Collar Investigations and Prosecutions

The U.S. Department of Justice (DOJ) recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, Section 1001. This statute makes it a crime to "knowingly and…more

Criminal Prosecution, DOJ, Enforcement, Enforcement Actions, False Statements

See All Updates »

Decisions Do Not Apply "Jewel Doctrine" to Departed Partners' Fees - Legal Fees Earned by Departed Partners in Now-Defunct Law Firms Determined Not to Be Property of the Bankrupt Firm

A California District Court recently held that a bankruptcy trustee could not claim a property interest in the hourly fee matters pending at the now-dissolved Heller Ehrman LLP law firm. This June California decision was…more

Business Assets, Commercial Bankruptcy, Dissolution, Heller Ehrman, Insolvency

See All Updates »

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

See All Updates »

FDA Issues New Drug Compounding and Outsourcing Facility Guidance - The New Policy Documents Clarify FDA's Expectations and Enable the Compounding Industry to Comply with the Compounding Quality Act

The FDA issued multiple policy documents on July 1, 2014, to implement the Compounding Quality Act (CQA). Congress enacted the CQA in November 2013 as part of the Drug Quality and Security Act (DQSA), in response to the deadly…more

DQSA, Drug Compounding, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

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

See All Updates »

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

See All Updates »

FinCEN Doubles Down on Casinos with Heightened Regulatory Expectations - Casino Managers and Tribal Gaming Commissioners Need to Be Proactive with Anti-Money Laundering Compliance Initiatives

For the second time in nine months, Financial Crimes Enforcement Network (FinCEN) Director Jennifer Shasky Calvery has publicly addressed FinCEN's increasing concerns regarding casino compliance with the Bank Secrecy Act (BSA),…more

Anti-Money Laundering, Audits, Casinos, FinCEN, Indian Gaming

See All Updates »

A Practical Guide for the Buy-Side to the U.S. Margin Rules for Uncleared Swaps - What the Buy-Side Needs to Know about the OTC Margin Rules

This guide is designed to provide in a concise format the principal information that the buy-side needs to know about the U.S. margin rules. The format of the guide is question-and-answer, with most answers followed by the…more

Banking Sector, Basel Committee, CFTC, IOSCO, Margin Requirements

See All Updates »

Second Circuit Ends "Doing Business" Test in New York for General Jurisdiction - The Court Adopts the "Essentially at Home" Test Limiting New York Courts’ General Jurisdiction Over Foreign Corporations

In September 2014, the Second Circuit abrogated the nearly century-old "doing business" test used by New York courts in deciding whether general jurisdiction exists over foreign corporations. In Gucci America, Inc. v. Weixing…more

Banks, Doing Business, Foreign Corporations, Jurisdiction

See All Updates »

U.S. Sentencing Commission Approves Major Changes to Fraud Guidelines - The Updates Could Significantly Affect White Collar Criminal Defendants

On April 9, 2015, the United States Sentencing Commission voted to approve changes to §2B1.1 of the sentencing guidelines. The changes will take effect on Nov. 1, 2015, unless Congress objects. If they go into effect, these…more

Criminal Prosecution, Federal Sentencing Guidelines, Fraud, Intent, Proposed Amendments

See All Updates »

Expatriation: Opportunities in a Mist of Uncertainty, Journal of International Taxation - Dec 2014

Expatriation - Expatriation: Opportunities in a Mist of Uncertainty - Almost six years after the tax rules on expatriation were materially changed, a lack of official guidance has left several issues that are both…more

See All Updates »

Annual U.S. Green Card Lottery for Diversity Immigrants Opens Oct. 1, 2014: The Green Card Lottery Allows Many Foreign Nationals to Apply for the Opportunity to Get a Green Card Independent of Work or Family

The U.S. Department of State's Diversity Visa 2016 Immigrant Visa Program (more commonly referred to as the "Green Card Lottery") begins Wednesday, Oct. 1, 2014, at 12:00 p.m. EDT and ends Monday, Nov. 3, 2014, at 12:00 p.m…more

See All Updates »

Legal Minute - SEC Enforcement Actions: Federal Court vs. In-House Proceedings

White Collar & Government Investigations Partner Tim Belevetz discusses SEC administrative proceedings and their increasing use by the SEC's Division of Enforcement. He analyzes the differences between an enforcement action…more

Young Lawyers

See All Updates »

New Jersey Bankruptcy Court Decision Protects Rights of Trademark Licensees - "Free and Clear" Sale of a Trademark or Intellectual Property License Under Section 363 Does Not Trump Rights of Third Party Licensees under Section 365

The United States Bankruptcy Court for the District of New Jersey issued an opinion in In re Crumbs Bake Shop, Inc., No. 14-24287-MBK that provides significant protections for trademark licensees. The opinion was issued on Oct…more

Chapter 11, Commercial Bankruptcy, Executory Contracts, IP License, Licenses

See All Updates »

Protecting Against Cyber Risk - A Primer on Cyber Insurance

There was no shortage of stories about massive data breaches in 2014 and things likely won't slow down in 2015. As these stories continue to grow in number, corporate America has started to explore ways to insure against this…more

Commercial General Liability Policies, Corporate Counsel, Cyber Insurance, Cybersecurity, D&O Insurance

See All Updates »

Bitcoin Reportability and Taxation

June 30 is the deadline for taxpayers with a connection to foreign financial accounts to file FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR). As this is the first year in which all FBARs must be…more

187, Bitcoins, FBAR, FinCEN, Foreign Bank Accounts

See All Updates »

Governor Signs Bill Regulating Retainage on Private Construction Projects - The New Retainage Law Bolsters the Mass. Construction Industry, Promotes Development and Improves Contractors' Cash Flows

On Aug. 8, 2014, Gov. Deval L. Patrick signed into law "An Act Relative to Fair Retainage Payments in Private Construction." Massachusetts now joins numerous other jurisdictions in the regulation of retainage on private…more

Construction Contracts, Construction Disputes, Construction Litigation, Contractors, Retainage

See All Updates »

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

See All Updates »

OIG Report Raises Serious Medicare Part D Fraud, Waste and Abuse Concerns

Last month, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services released a comprehensive report and data brief detailing its concerns about the ability of Medicare Part D sponsors – as well…more

CMS, Healthcare, Healthcare Fraud, HHS, Medicaid

See All Updates »

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

See All Updates »

Florida Introduces Stringent Obligations with New Data Breach Law

In the wake of increasing pressure due to data breaches, Florida is introducing a stringent new data breach law to protect its residents from identity theft and financial harm. The new Florida Information Protection Act of 2014…more

Data Breach, Data Protection, FIPA, Identity Theft, New Legislation

See All Updates »

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

See All Updates »

Actions Foreshadow Uniform Cybersecurity Regulations for Federal Contractors - Two Recent Executive Agency Actions Lay the Groundwork for a FAR Cybersecurity Clause in 2016

Federal government contractors handling Controlled Unclassified Information (CUI) should take notice of two recent executive agency actions. Combined, they lay the groundwork for a new cybersecurity clause to be added to the…more

Audits, Compliance, Controlled Unclassified Information, Cybersecurity, Data Protection

See All Updates »

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

See All Updates »

NLRB Adopts Expedited Union Election Procedures - Differing Views on the Shortened Time Frame and Other New Procedures Reflect the Sharply Divided NLRB

Effective April 14, 2015, the long-standing election procedures to resolve questions concerning union representation will be truncated to facilitate what a number of commentators critical of the changes refer to as "ambush…more

Ambush Election Rules, Final Rules, NLRB, Union Elections, Unions

See All Updates »

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

See All Updates »

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

See All Updates »

A New Reality for ESOP Fiduciaries - Company Stock Investments for Employee Participants in Retirement Plans of Public and Privately Held Companies Have Different Operating Requirements

For the ESOP fiduciary of a publicly traded employer, the Supreme Court has made clear that non-public insider information is not required to be used in reaching a decision to buy, hold or sell employer securities…more

401k, Employee Benefits, ESOP, FIfth Third Bancorp v Dudenhoeffer, Retirement

See All Updates »

Statutory Limit on Change Orders Bars Contractor Claim in Virginia

A recent Virginia case strictly construing a statutory limit on the amount of contract change orders has raised concerns among contractors doing business with Virginia state and local agencies. In Carnell Construction Corp. v…more

Change Orders, Construction Contracts, Construction Disputes, Construction Industry, General Contractors

See All Updates »

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

See All Updates »

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

See All Updates »

IRS Denies Exempt Status under Section 501(c)(4) For Too Much Political Activity

Earlier this year, while Washington was fixated on former Internal Revenue Service (IRS) employee Lois Lerner and her missing emails, her former employer quietly denied the application for exemption of an organization seeking…more

501(c)(4), Exempt Organizations, IRS, Political Campaigns

See All Updates »

Attorney Withdrawal: Protect the Client, Obey the Court or Go to Jail? - California Formal Op. No. 2015-192 Addresses the Ethical Tensions in Mandatory Withdrawal Between Duties to the Court and Duties to Maintain Client Confidences

In Formal Opinion No. 2015-192, the California State Bar Standing Committee on Professional Responsibility and Conduct addressed the difficult choices faced by lawyers who are ethically required to seek leave to withdraw from a…more

Attorney-Client Privilege, Confidentiality, Ethics, Legal Ethics

See All Updates »

Amendment to Illinois FOIA Impacts Requests for Records Available Online - Public Bodies Now Have More Authority Regarding Their Records Available Online, Voluminous Requests and Fees Charged to Commercial Requesters

The Illinois General Assembly overrode Gov. Pat Quinn's veto of House Bill 3796 amending the Illinois Freedom of Information Act on Dec. 3, 2014. HB 3796 is now law, effective immediately. The key provisions of HB 3796…more

Amended Legislation, FOIA, Public Entities

See All Updates »

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

See All Updates »

SEC Gives Maximum Award in First Whistleblower Retaliation Case

On April 28, 2015, the SEC announced that it awarded a whistleblower the maximum award of 30 percent of the amounts collected in connection with the SEC’s first anti-retaliation case. The whistleblower received more than…more

Adverse Employment Action, Affiliated-Business Arrangements, Anti-Retaliation Provisions, Broker-Dealer, Employer Liability Issues

See All Updates »

FinCEN's New Geographic Targeting Order Focuses on Miami-Based Businesses - Financial Institutions Are Impacted by the GTO

On April 21, 2015 – after months of speculation by those in the Bank Secrecy Act/anti-money laundering compliance community – the Financial Crimes Enforcement Network (FinCEN) issued a Geographic Targeting Order (GTO) in…more

Anti-Money Laundering, Financial Institutions, FinCEN, Geographic Targeting Order, Reporting Requirements

See All Updates »

Fair Housing Act Prohibits Policies and Practices Causing a Disparate Impact - Housing Policies and Practices Must Be "Necessary to Achieve a Valid Interest"

On June 25, 2015, the U.S. Supreme Court held that individuals and groups can challenge housing policies or practices that have a disproportionate adverse effect on protected classes (i.e., a disparate impact) – even if there is…more

Affordable Housing, Disparate Impact, FHA, Pleading Standards, Racial Discrimination

See All Updates »

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

See All Updates »

Colorado Supreme Court Upholds Termination of Medical Marijuana User - A Trend Is Beginning for Courts to Permit Employers to Discharge Employees for Off-Duty Use of Marijuana Allowed by State Law

In Coats v. Dish Network, the Colorado Supreme Court held that the state’s “lawful activities” statute did not limit the right of an employer to discharge an employee for the employee’s lawful (under Colorado law) use of…more

CO Supreme Court, Coats v Dish Network, Controlled Substances Act, Corporate Counsel, Disabled

See All Updates »

Recent Illinois Foreclosure Decisions Favor Lenders

Since 2008, lenders in Illinois have faced heightened scrutiny and a sharp rise in lender liability claims. Nevertheless, Illinois appellate courts have recently favored lenders by upholding existing statutory protections and…more

Foreclosure, Mortgages, Professional Liability

See All Updates »

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

See All Updates »

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

See All Updates »

Impuesto a la Riqueza – Nuevas Obligaciones Formales a Cargo de Inversionistas Extranjeros - Las nuevas actualizaciones pueden afectar significativamente a quienes deben declarar impuesto a la riqueza

Los inversionistas extranjeros en Colombia pueden resultar afectados por las nuevas obligaciones formales del impuesto a la riqueza que pueden requerir presentar una declaración. Los inversionistas extranjeros que al 1 de…more

See All Updates »

Office for Civil Rights Issues New Guidance for Title IX Coordinators

The children's rhyme regarding April showers bringing May flowers should be revised to include reference to April also bringing guidance from the U.S. Department of Education's Office for Civil Rights (OCR). For the third time…more

OCR, Sex Discrimination, Title IX

See All Updates »

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

See All Updates »

U.S. Department of Education Publishes Final Campus Security Rules

The U.S. Department of Education (DOE) published final regulations implementing the Violence Against Women Reauthorization Act of 2013 (VAWA), including the Campus Sexual Violence Act (Campus SaVE). The regulations were released…more

Colleges, Department of Education, Final Rules, Reporting Requirements, Universities

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

In-House Counsel Risk SEC Enforcement for Some Confidentiality Agreements - Following Best Practices as Part of a Comprehensive Plan May Help to Avoid Entanglement with the SEC

Confidentiality agreements are boilerplate in many legal departments, but they shouldn't be. In-house counsel need to review all currently effective confidentiality agreements with anyone who could potentially be a whistleblower…more

Confidentiality Agreements, Internal Investigations, KBR (formerly Kellogg Brown & Root), Rule 21F, SEC

See All Updates »

Florida Appellate Court: Open Meetings Law Applies to Collective Bargaining

In a crucial victory for transparency, a Florida state appeals court ruled that the state's open meetings law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of the…more

Mediation, Municipalities, Open Meetings Act, Public Entities, Settlement Agreements

See All Updates »

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

See All Updates »

FFIEC’s Cybersecurity Assessment Tool: Guidance for CEOs and Boards - Senior Management and Boards Should Be Actively Addressing and Incorporating Cybersecurity into Their Overall Enterprise Risk Management Framework

The Federal Financial Institutions Examination Council (FFIEC) released a Cybersecurity Assessment Tool (CAT) on June 30, 2015, to assist organizations in identifying cyber risks and assessing their cybersecurity preparedness…more

C-Suite Executives, CEOs, CFPB, Corporate Governance, Cybersecurity

See All Updates »

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

See All Updates »

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

See All Updates »

2015 Florida Legislative Update: Environment, Growth Management and Water

The Florida Legislature concluded its 2015 regular session on May 1, 2015. However, for all practical purposes, the session ended on April 28, when the House unexpectedly adjourned three days early after it became clear the two…more

Anti-SLAPP, Conservation, Drones, FAA, Fracking

See All Updates »

SBA Proposed Rule Outlines New Mentor-Protégé Program for All Small Businesses - Impacts to All SBA Contracting Programs, Including 8(a) Business Development, HUBZone, Women-Owned Small Business (WOSB) and Service-Disabled Veteran Owned (SDVO) Small Business Programs

The Small Business Administration (SBA) issued a long-awaited notice of proposed rule-making (NPRM) providing for a new mentor-protégé program that will be available to all small businesses. The proposed rule was released on…more

HUBZone, Mentor-Protege Program, NPRM, SBA, SDVO

See All Updates »

FFIEC’s Cybersecurity Assessment Tool: Guidance for CEOs and Boards - Senior Management and Boards Should Be Actively Addressing and Incorporating Cybersecurity into Their Overall Enterprise Risk Management Framework

The Federal Financial Institutions Examination Council (FFIEC) released a Cybersecurity Assessment Tool (CAT) on June 30, 2015, to assist organizations in identifying cyber risks and assessing their cybersecurity preparedness…more

C-Suite Executives, CEOs, CFPB, Corporate Governance, Cybersecurity

See All Updates »

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

See All Updates »

Court Decides Sarbanes-Oxley Is Intended for a Different Kettle of Fish The Fish Tale and the U.S. Supreme Court: Part II

By a surprisingly narrow margin, the U.S. Supreme Court recently spared future fishermen from facing up to 20 years in prison for destroying their catch. The case, Yates v. United States of America, involved the curious tale of…more

Destruction of Evidence, Evidence, Fishing Industry, Rule of Lenity, Sarbanes-Oxley

See All Updates »

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

See All Updates »

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

See All Updates »

Cyber Legislation on the Move: Data Breach Bill Passes Out of Committee

As an extension of our forecast of upcoming cyber-related legislation, on April 15, the House Energy & Commerce Committee approved the Data Security and Breach Notification Act of 2015 (H.R. 1770), adopting three amendments that…more

Cybersecurity, Data Security and Breach Notification Act of 2015, Pending Legislation

See All Updates »

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

See All Updates »

"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

See All Updates »

Tips to Reduce Adverse Effects of DOL's New Independent Contractor Status - Employers Must Carefully Select Status with Multifactor Test

Administrator David Weil issued an Administrator's Interpretation (Interpretation) on July 15, 2015, on behalf of the United States Department of Labor (DOL) regarding the appropriate classification of workers as independent…more

401k, DOL, FLSA, Independent Contractors, Misclassification

See All Updates »

Revised Hart-Scott-Rodino Thresholds Effective February 20, 2015

Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) have been announced by the Federal Trade Commission (FTC), effective for transactions closing on or after Feb. 20, 2015. Section 7A of the…more

Filing Fees, FTC, Hart-Scott-Rodino Act, juris, Threshhold Requirements

See All Updates »

CFPB Report Addresses Need for a Compliance Management System

The CFPB's Supervisory Report Provides Important Insight into the CFPB's Supervision and Enforcement Priorities and Desired Business Practices. HIGHLIGHTS: - The Consumer Financial Protection Bureau (CFPB) issued…more

Annual Reports, CFPB, Consumer Complaint System, Consumer Lenders, Examination Priorities

See All Updates »

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March 2015,…more

Collective Bargaining, Confidentiality Agreements, Employee Handbooks, Employee Rights, General Counsel

See All Updates »

It’s Time to Re-Think the False Claims Act

The federal False Claims Act (FCA) is one of the government’s primary weapons in combating fraud by federal contractors, federal grantees and recipients of federal benefits. Since 1986, when the FCA was restructured into its…more

Enforcement, Enforcement Actions, False Claims Act, Federal Contractors, Fraud

See All Updates »

A Warning to Issuers: SEC Charges City and Two Officials with Fraud

In a first-time use of the Dodd-Frank Act, the U.S. Securities and Exchange Commission (SEC) has charged Allen Park, Mich., its former mayor and its former city administrator with fraud in connection with $31 million in…more

Dodd-Frank, Enforcement Actions, Municipal Securities Issuers, Popular, Public Officials

See All Updates »

Stormwater Alert: Maryland Fee Program No Longer Mandatory

In April 2015, the Maryland General Assembly enacted a law – known as SB 863 – that substantially amended legislation enacted in 2012 requiring each of the 10 most populous jurisdictions in Maryland to establish an annual…more

Chesapeake Bay, Fees, New Legislation, Remediation, Storm Water

See All Updates »

The Business Records Exception As It Applies to Prior Loan Servicer Records - January 2015 Fourth District Court Ruling Provides Much-Needed Clarity

Last week, in Bank of New York v. Andrew Calloway, the Fourth District Court of Appeals provided some long-awaited clarity to the business records exception as it relates to a prior loan servicer's records under Florida law. In…more

Business Records, Consumer Lenders, Exceptions, Lenders, Loan Servicer

See All Updates »

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

See All Updates »

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

See All Updates »

MARAD Issues Final Policy on Licensing Offshore Oil and LNG Export Facilities

The Maritime Administration (MARAD) issued its final policy on May 7, 2015, regarding the review and processing of applications for the export of oil and natural gas from offshore deepwater port facilities under the Deepwater…more

Coast Guard, Deepwater Port Act, DWPA, Environmental Assessments, Environmental Impact Report

See All Updates »

Implications of the Iran Accord for the Maritime Industry

On July 14, 2015, the U.S., France, China, Russia, United Kingdom, Germany and the European Union (EU) entered into the Joint Comprehensive Plan of Action (JCPOA) with Iran after years of difficult negotiations. Iran agreed to a…more

China, EU Council of Ministers, France, Human Rights, IAEA

See All Updates »

Avoiding and Defending Florida License Tax Audits

Florida hotels and restaurants are facing license tax audits, assessments and penalties in increasing numbers. A "license" is statutorily defined as the granting of a privilege to use or occupy a building or real property…more

Audits, Corporate Taxes, Hotels, Licenses, Resorts & Restaurants

See All Updates »

Boeing Kickback Case Underscores Critical Importance of Compliance Programs - Government Contractors Must Be Proactive in Detecting and Addressing Potential Abuse

In the words of F. Scott Fitzgerald, "Show me a hero and I'll write you a tragedy." When the hero of the day is a company's compliance program, it's almost a surefire bet that that a tragedy is being written. But at the same…more

Boeing, Chief Compliance Officers, Compliance, Defense Sector, Federal Contractors

See All Updates »

U.S. Supreme Court May Require Notice-and-Comment On More Agency Actions

On December 1, 2014, the Supreme Court heard oral argument in Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association to address whether a federal agency must engage in notice-and-comment rulemaking…more

Administrative Procedure Act, DOL, Exempt-Employees, FLSA, Mortgage Bankers Association

See All Updates »

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

See All Updates »

FinCEN's New Geographic Targeting Order Focuses on Miami-Based Businesses - Financial Institutions Are Impacted by the GTO

On April 21, 2015 – after months of speculation by those in the Bank Secrecy Act/anti-money laundering compliance community – the Financial Crimes Enforcement Network (FinCEN) issued a Geographic Targeting Order (GTO) in…more

Anti-Money Laundering, Financial Institutions, FinCEN, Geographic Targeting Order, Reporting Requirements

See All Updates »

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

See All Updates »

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

See All Updates »

In Town Of Greece, U.S. Supreme Court Affirms Constitutionality Of Prayer At Town Meetings

HIGHLIGHTS - - Local governments in Illinois and around the country should become knowledgeable about the U.S. Supreme Court's ruling this week in Town of Greece v. Galloway. - In its 5-4 ruling, the Court declared…more

Establishment Clause, First Amendment, Greece v Galloway, Prayer, Public Meetings

See All Updates »

OSHA Revises Rule on Injury and Illness Reporting and Recordkeeping - What Employers Need to Know Now About the Changes Effective Jan. 1, 2015

On Jan. 1, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) final rule takes effect requiring employers to notify OSHA within eight hours, when an employee is killed on the job; and…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

See All Updates »

New York City Prohibits Discrimination Based on Credit History

New York City Mayor Bill de Blasio recently signed into law the Stop Credit Discrimination in Employment Act. It amends the New York City Human Rights Law to prohibit employers from requesting or using an individual's consumer…more

Credit Checks, Credit Reports, Discrimination, Employee Handbooks, Employee Rights

See All Updates »

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

See All Updates »

MACRA, the Sustainable Growth Rate (SGR) Reform Bill, Signed into Law - CMS Quality Reporting Programs and Value-Based Payments Will Be Significantly Impacted

The Medicare Access and Children's Health Insurance Program (CHIP) Reauthorization Act, or MACRA, was signed into law on April 16, 2015. The law replaces the sustainable growth rate (SGR) formula with statutorily prescribed…more

CHIP, EHR, Healthcare, Hospitals, Medicare Access and CHIP Reauthorization (MACRA)

See All Updates »

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

See All Updates »

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

See All Updates »

A New Reality for ESOP Fiduciaries - Company Stock Investments for Employee Participants in Retirement Plans of Public and Privately Held Companies Have Different Operating Requirements

For the ESOP fiduciary of a publicly traded employer, the Supreme Court has made clear that non-public insider information is not required to be used in reaching a decision to buy, hold or sell employer securities…more

401k, Employee Benefits, ESOP, FIfth Third Bancorp v Dudenhoeffer, Retirement

See All Updates »

New York City Prohibits Discrimination Based on Credit History

New York City Mayor Bill de Blasio recently signed into law the Stop Credit Discrimination in Employment Act. It amends the New York City Human Rights Law to prohibit employers from requesting or using an individual's consumer…more

Credit Checks, Credit Reports, Discrimination, Employee Handbooks, Employee Rights

See All Updates »

DOL Raises Pay for Some Exempt Status Employees - Employers Will Need to Pay Overtime Wages to More White Collar Employees

On June 30, 2015, the U.S. Department of Labor (DOL) released a proposed rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees). The DOL…more

Compliance, DOL, FLSA, Minimum Salary, NPRM

See All Updates »

D.C. District Court Dismisses Delta’s Appeals Against U.S. Ex-Im Bank

In a series of three decisions published on March 30, 2015, the U.S. District Court for the District of Columbia has dismissed appeals brought by Delta Air Lines and other plaintiffs against the U.S. Export-Import Bank relating…more

Administrative Procedure Act, Airlines, Boeing, Corporate Financing, Delta Airlines

See All Updates »

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

See All Updates »

Florida Appellate Court: Open Meetings Law Applies to Collective Bargaining

In a crucial victory for transparency, a Florida state appeals court ruled that the state's open meetings law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of the…more

Mediation, Municipalities, Open Meetings Act, Public Entities, Settlement Agreements

See All Updates »

Justices Probe Limits of Non-Delegation Doctrine and Express Due Process Concerns

Yesterday, the U.S. Supreme Court heard oral argument in Dep't of Transp. v. Ass'n of Am. Railroads. At issue is whether Congress may grant Amtrak, a private entity created by Congress, the power to co-author regulations…more

Amtrak, DOT v Assoc of American Railroads, Due Process, Non-Delegation Doctrine, Oral Argument

See All Updates »

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

See All Updates »

New Department of Labor Rule to Limit Live-In Employees Eligible for Exempt Status

The Fair Labor Standards Act (FLSA) has long provided an exemption for overtime wages to employees engaged in "companionship services," such as in-home caretakers who sleep at their patients' homes. Recently, however, the…more

DOL, Employer Liability Issues, Exempt-Employees, FLSA, Home Health Care

See All Updates »

SBA Proposed Rule Outlines New Mentor-Protégé Program for All Small Businesses - Impacts to All SBA Contracting Programs, Including 8(a) Business Development, HUBZone, Women-Owned Small Business (WOSB) and Service-Disabled Veteran Owned (SDVO) Small Business Programs

The Small Business Administration (SBA) issued a long-awaited notice of proposed rule-making (NPRM) providing for a new mentor-protégé program that will be available to all small businesses. The proposed rule was released on…more

HUBZone, Mentor-Protege Program, NPRM, SBA, SDVO

See All Updates »

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

See All Updates »

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

See All Updates »

CMS Announces Final Regulatory Changes to Medicare Advantage and Part D

- CMS issues final Medicare Advantage and Part D regulatory changes after a controversial proposed rule was announced earlier this year. - New requirements for the reporting and return of Medicare Advantage and Part D…more

CMS, Final Rules, Healthcare, Medicare, Medicare Advantage

See All Updates »

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

See All Updates »

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

See All Updates »

Obama Administration Issues Final Rule on “Waters of the United States” - The Rule Will Expand The Universe Of "Waters" Subject To Federal Regulation

On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United States”…more

Clean Water Act, Environmental Policies, EPA, Final Rules, Groundwater

See All Updates »

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

See All Updates »

CFPB Report Addresses Need for a Compliance Management System

The CFPB's Supervisory Report Provides Important Insight into the CFPB's Supervision and Enforcement Priorities and Desired Business Practices. HIGHLIGHTS: - The Consumer Financial Protection Bureau (CFPB) issued…more

Annual Reports, CFPB, Consumer Complaint System, Consumer Lenders, Examination Priorities

See All Updates »

Recent Illinois Foreclosure Decisions Favor Lenders

Since 2008, lenders in Illinois have faced heightened scrutiny and a sharp rise in lender liability claims. Nevertheless, Illinois appellate courts have recently favored lenders by upholding existing statutory protections and…more

Foreclosure, Mortgages, Professional Liability

See All Updates »

D.C. Circuit Upholds FTC Ruling on Deceptive Advertising; Rejects First Amendment Challenge

In a much-awaited decision on Friday, January 30, the D.C. Circuit upheld the Federal Trade Commission’s decision that pomegranate juice maker POM Wonderful LLC engaged in false or misleading advertising by claiming its products…more

Advertising, Clinical Trials, Commercial Speech, False Advertising, First Amendment

See All Updates »

Legal Landscape and Guidance for Companies Involved in Marijuana Activity

Many states now permit the use of marijuana for medical or recreational purposes and the federal government has revised certain enforcement policies related to marijuana-related crimes. The possession, use, manufacture,…more

Congressional Investigations & Hearings, Corporate Counsel, DEA, Drug Manufacturers, Enforcement

See All Updates »

SEC Proposes to Modernize Reporting/Disclosure by Investment Companies/Advisors

On May 20, 2015 the SEC proposed rules, forms and amendments to modernize the reporting and disclosure of information by registered investment companies and investment advisors. The proposals are seen as a first step in a…more

Derivatives, Disclosure Requirements, Investment Adviser, Investment Management, Rulemaking Process

See All Updates »

New Department of Labor Rule to Limit Live-In Employees Eligible for Exempt Status

The Fair Labor Standards Act (FLSA) has long provided an exemption for overtime wages to employees engaged in "companionship services," such as in-home caretakers who sleep at their patients' homes. Recently, however, the…more

DOL, Employer Liability Issues, Exempt-Employees, FLSA, Home Health Care

See All Updates »

Supreme Court: ERISA Fiduciaries Have Ongoing Duty to Monitor Investments - Selection of Plan Investment Alternative Is Not a One-Time Event

In Tibble v. Edison International, 13-550 (U.S. May 18, 2015), the U.S. Supreme Court ruled that the Employee Retirement Income Security Act of 1974 (ERISA) requires ERISA plan fiduciaries to monitor plan investments for…more

401k, Appeals, Employee Benefits, ERISA, Fiduciary Duty

See All Updates »

Governor Signs Bill Regulating Retainage on Private Construction Projects - The New Retainage Law Bolsters the Mass. Construction Industry, Promotes Development and Improves Contractors' Cash Flows

On Aug. 8, 2014, Gov. Deval L. Patrick signed into law "An Act Relative to Fair Retainage Payments in Private Construction." Massachusetts now joins numerous other jurisdictions in the regulation of retainage on private…more

Construction Contracts, Construction Disputes, Construction Litigation, Contractors, Retainage

See All Updates »

Trustees Beware: Which Fiduciary Standard Applies to Your “Business Judgments”?

To what legal standard must a trustee adhere when he or she also participates in the control of a family or closely held business? Courts continue to grapple with this question. The high courts in both Georgia and Nebraska have…more

Beneficiaries, Breach of Duty, Controlling Stockholders, Estate Planning, Family Businesses

See All Updates »

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

See All Updates »

International Implementation of EU Emission Trading Scheme Still Unsettled - The Scope of the Emission Trading Scheme Remains Limited to Flights Within the EU

The European Union (EU) adopted a regulation in April 2014 that continued the application of the European Union Emission Trading Scheme (ETS) as to flights operated inside the European Economic Area (EEA). But implementation of…more

Aviation Industry, Emissions Trading System, EU, ICAO

See All Updates »

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

See All Updates »

SEC Adopts "Regulation A+" That Expands Capital Raising Flexibility for Non-Public Companies

On March 25, 2015, the U.S. Securities and Exchange Commission (SEC) adopted final rules that will greatly facilitate the ability of private (i.e., non-SEC reporting) financial institutions and other companies to access the…more

Capital Formation, Debt Securities, Equity Securities, Issuers, JOBS Act

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Trade Secrets Misappropriation Suit Over Solicitation of Employees - Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc.: Court Rules Action Brought in "Bad Faith"

In Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc., the California Court of Appeal affirmed a trial court’s award of $180,817.50 in attorneys’ fees plus costs to Maxim Integrated Products, Inc. as the…more

Appeals, Attorney's Fees, Bad Faith, Employee Solicitation, Hiring & Firing

See All Updates »

Religious Institution - January 2015

Experience over the last couple decades teaches that religious institutions face as much or perhaps more liability than secular organizations and, therefore, need to take risk management seriously. From operating their own…more

Alien Tort Statute, Board of Education, Churches, Equal Protection, First Amendment

See All Updates »

Implications of the Iran Accord for the Maritime Industry

On July 14, 2015, the U.S., France, China, Russia, United Kingdom, Germany and the European Union (EU) entered into the Joint Comprehensive Plan of Action (JCPOA) with Iran after years of difficult negotiations. Iran agreed to a…more

China, EU Council of Ministers, France, Human Rights, IAEA

See All Updates »

2015 Florida Legislative Update: Environment, Growth Management and Water

The Florida Legislature concluded its 2015 regular session on May 1, 2015. However, for all practical purposes, the session ended on April 28, when the House unexpectedly adjourned three days early after it became clear the two…more

Anti-SLAPP, Conservation, Drones, FAA, Fracking

See All Updates »

CEQA Judicial Outcomes: Fifteen Years of Reported California Appellate and Supreme Court Decisions

This report analyzes all published opinions from 1997 through 2012 litigated to the California Court of Appeal or the California Supreme Court concerning the analytical validity of an Environmental Impact Report (EIR) or…more

Appeals, CA Supreme Court, Categorical Exemptions, CEQA, Environmental Impact Report

See All Updates »

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 »

Follow up to Beyond Borders: The Reach of Motorola Mobility LLC v. AU Optronics Corp.

In October, we wrote about the Seventh Circuit’s reconsideration of Motorola Mobility LLC v. AU Optronics Corp., 746 F.3d 842 (7th Cir. 2014) and the reach of the Sherman Act and the Foreign Trade Antitrust Improvements Act…more

Antitrust Injuries, Costco, Foreign Affiliates, FTAIA, Manufacturers

See All Updates »

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

See All Updates »

Supreme Court Limits Protectionism by State Healthcare Licensing Boards - Boards Comprised of Active Medical Providers Are Not Entitled to Immunity from Federal Antitrust Law Unless They Are Actively Supervised by the State

The United States Supreme Court’s recent decision in N.C. State Bd. of Dental Examiners v. Federal Trade Commission, No. 13-534, 2015 WL 773331 (S.Ct. February 25, 2015) makes clear that the anticompetitive actions of state…more

Antitrust Litigation, Dentists, FTC, Immunity, Licensing Rules

See All Updates »

Commission-Based Sales Agreements for Medical Supplies and Equipment: More Whistleblower Activity on the Horizon? - A Wide Range of Industries Should Evaluate Their Compensation Practices to Help Minimize Their Risk of Potential FCA Violations

The common industry practice of compensating independent contractor sales representatives on a "percentage of sales" commission basis may be creating an enhanced risk of False Claims Act liability for illegal kickbacks in light…more

Anti-Kickback Statute, Distributors, Durable Medical Equipment, Enforcement, False Claims Act

See All Updates »

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

See All Updates »

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

See All Updates »

SBA Proposes Changes to Limitations on Subcontracting and Other Rules

On Dec. 29, 2014, the Small Business Administration (SBA) issued a long-awaited rule to implement certain provisions of the National Defense Authorization Act of 2013 (NDAA). A summary of the NDAA's small business provisions can…more

Federal Contractors, Final Rules, NDAA, SBA, Small Business

See All Updates »

Seventh Circuit Finds Admiralty Jurisdiction in Asiana Airlines Lawsuits

In litigation arising from the July 2013 accident of Asiana Flight 214 at the San Francisco International Airport, the U.S. Court of Appeals for the Seventh Circuit reversed the District Court's remand decision, holding that…more

Airlines, Airplane Accidents, Airports, Asiana, Aviation Industry

See All Updates »

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

See All Updates »

New Treasury Regulations May Limit Transfer Tax Savings

Recent comments by Cathy Hughes, an Estate and Gift Tax Attorney Advisor in the Office of Tax Policy at the U.S. Treasury Department, indicated that the department may issue proposed regulations as early as September 2015 that…more

Closely Held Businesses, Estate Tax, Family Businesses, Gift Tax, Tax Policy

See All Updates »

DOJ Criminal Division Renews Efforts to Investigate Whistleblower Allegations

The Department of Justice (DOJ) has signaled a heightened effort to bring criminal prosecutors into the loop regarding False Claims Act referrals and other whistleblower complaints. In recent remarks at a conference comprised…more

Corporate Counsel, Criminal Prosecution, DOJ, False Claims Act, Health Care Providers

See All Updates »

Entire In-House Legal Department Disqualified Following Lateral Hire - A Closer Look at Dynamic 3D Geosolutions, LLC v. Schlumberger Ltd.

This court opinion demonstrates that in-house legal departments can and will be treated the same as traditional law firms when it comes to imputation of conflicts and the resulting potential for disqualification. Although…more

Confidential Information, Conflicts of Interest, Disqualification, General Counsel, Rebuttable Presumptions

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

A New Reality for ESOP Fiduciaries - Company Stock Investments for Employee Participants in Retirement Plans of Public and Privately Held Companies Have Different Operating Requirements

For the ESOP fiduciary of a publicly traded employer, the Supreme Court has made clear that non-public insider information is not required to be used in reaching a decision to buy, hold or sell employer securities…more

401k, Employee Benefits, ESOP, FIfth Third Bancorp v Dudenhoeffer, Retirement

See All Updates »

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

See All Updates »

Supreme Court Limits Protectionism by State Healthcare Licensing Boards - Boards Comprised of Active Medical Providers Are Not Entitled to Immunity from Federal Antitrust Law Unless They Are Actively Supervised by the State

The United States Supreme Court’s recent decision in N.C. State Bd. of Dental Examiners v. Federal Trade Commission, No. 13-534, 2015 WL 773331 (S.Ct. February 25, 2015) makes clear that the anticompetitive actions of state…more

Antitrust Litigation, Dentists, FTC, Immunity, Licensing Rules

See All Updates »

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

See All Updates »

Raising Loan-to-Value with a Credit Tenant Lease

As the commercial real estate debt market continues to rise, owners and developers are becoming aware of an alternative to more traditional financing products – credit tenant lease finance. In some instances, credit tenant lease…more

Commercial Leases, Commercial Real Estate Market, Tenants

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Commission-Based Sales Agreements for Medical Supplies and Equipment: More Whistleblower Activity on the Horizon? - A Wide Range of Industries Should Evaluate Their Compensation Practices to Help Minimize Their Risk of Potential FCA Violations

The common industry practice of compensating independent contractor sales representatives on a "percentage of sales" commission basis may be creating an enhanced risk of False Claims Act liability for illegal kickbacks in light…more

Anti-Kickback Statute, Distributors, Durable Medical Equipment, Enforcement, False Claims Act

See All Updates »

U.S. Supreme Court Strikes Down State Laws Banning Same-Sex Marriage - Same-Sex Couples Should Review Their Estate Planning Documents to Take Advantage of Marriage-Friendly Tax Provisions

The recent U.S. Supreme Court decision in Obergefell v. Hodges, 135 S.Ct. 1039 (June 26, 2015),answered definitively the lingering questions following the Court’s decision last year in Windsor about whether states could continue…more

Adoption, Anti-Discrimination Policies, Domestic Partnership, Equal Protection, Fourteenth Amendment

See All Updates »

Florida Legislature Offers Permit and Development Order Extension Opportunity - Written Notification Due to the Authorizing Agency by Dec. 31, 2014

During the 2014 Regular Session, the Florida Legislature enacted a measure providing holders of certain specific development approvals an opportunity to seek a two-year extension for these approvals. Any building permit and any…more

Building Permits, Construction Industry, Extensions, Real Estate Development, Relief Measures

See All Updates »

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

See All Updates »

New Jersey Bankruptcy Court Decision Protects Rights of Trademark Licensees - "Free and Clear" Sale of a Trademark or Intellectual Property License Under Section 363 Does Not Trump Rights of Third Party Licensees under Section 365

The United States Bankruptcy Court for the District of New Jersey issued an opinion in In re Crumbs Bake Shop, Inc., No. 14-24287-MBK that provides significant protections for trademark licensees. The opinion was issued on Oct…more

Chapter 11, Commercial Bankruptcy, Executory Contracts, IP License, Licenses

See All Updates »

Obama Administration Issues Final Rule on “Waters of the United States” - The Rule Will Expand The Universe Of "Waters" Subject To Federal Regulation

On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United States”…more

Clean Water Act, Environmental Policies, EPA, Final Rules, Groundwater

See All Updates »

Chicago's New Lease Tax Applies to Personal Property and “The Cloud” - The Tax Includes "Non-Possessory Computer Leases" Unless Exemption 11 Applies

The Chicago Department of Finance (the "Department") issued Lease Transaction Tax Ruling No. 12 with respect to application of Chicago's Personal Property Lease Transaction Tax (the "lease tax") to non-possessory computer…more

City of Chicago, Cloud Computing, Internet Taxation, Leases, Personal Property Tax

See All Updates »

Office for Civil Rights Issues New Guidance for Title IX Coordinators

The children's rhyme regarding April showers bringing May flowers should be revised to include reference to April also bringing guidance from the U.S. Department of Education's Office for Civil Rights (OCR). For the third time…more

OCR, Sex Discrimination, Title IX

See All Updates »

Mexico Energy Reform Update: Key "Secondary Laws" Proposed - President Peña Nieto Sends Senate Laws And Amendments To Bring Private Investment To Oil, Gas And Electricity Industries

A pivotal step in Mexico's game-changing energy reform process was taken this week when President Enrique Peña Nieto asked the Mexican Senate to pass new energy-related laws and amend existing ones…more

Energy, Energy Reform, Mexico, Oil & Gas

See All Updates »

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

See All Updates »

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

See All Updates »

Colorado Supreme Court Upholds Termination of Medical Marijuana User - A Trend Is Beginning for Courts to Permit Employers to Discharge Employees for Off-Duty Use of Marijuana Allowed by State Law

In Coats v. Dish Network, the Colorado Supreme Court held that the state’s “lawful activities” statute did not limit the right of an employer to discharge an employee for the employee’s lawful (under Colorado law) use of…more

CO Supreme Court, Coats v Dish Network, Controlled Substances Act, Corporate Counsel, Disabled

See All Updates »

IRS Announces Easing Of FATCA Enforcement For 2014 And 2015

HIGHLIGHTS - - The IRS has issued a Notice detailing temporary modifications to its enforcement rules having to do with the Foreign Account Tax Compliance Act. - Under IRS Notice 2014-33, 2014 and 2015 will be…more

Banks, FATCA, International Tax Issues, IRS, Nonbank Firms

See All Updates »

U.S. Supreme Court Strikes Down State Laws Banning Same-Sex Marriage - Same-Sex Couples Should Review Their Estate Planning Documents to Take Advantage of Marriage-Friendly Tax Provisions

The recent U.S. Supreme Court decision in Obergefell v. Hodges, 135 S.Ct. 1039 (June 26, 2015),answered definitively the lingering questions following the Court’s decision last year in Windsor about whether states could continue…more

Adoption, Anti-Discrimination Policies, Domestic Partnership, Equal Protection, Fourteenth Amendment

See All Updates »

Florida Legislature Offers Permit and Development Order Extension Opportunity - Written Notification Due to the Authorizing Agency by Dec. 31, 2014

During the 2014 Regular Session, the Florida Legislature enacted a measure providing holders of certain specific development approvals an opportunity to seek a two-year extension for these approvals. Any building permit and any…more

Building Permits, Construction Industry, Extensions, Real Estate Development, Relief Measures

See All Updates »

Obama Administration Issues Final Rule on “Waters of the United States” - The Rule Will Expand The Universe Of "Waters" Subject To Federal Regulation

On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United States”…more

Clean Water Act, Environmental Policies, EPA, Final Rules, Groundwater

See All Updates »

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

See All Updates »

Congress Speeds Non-Resident Licensing for Insurance Producers

In yet one more assertion of federal power to regulate insurance – which states have long controlled – President Obama signed legislation on Jan. 12 that will dramatically speed the licensing of insurance agents and brokers in…more

Barack Obama, Insurance Agents, Insurance Brokers, Insurance Industry, Licensing Rules

See All Updates »

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

See All Updates »

New Ethics Rule Governing Lawyer Mobility Adopted in Virginia - Virginia Joins Florida as the Second State to Adopt Departing Partner Ethics Rule Regarding Client Notification

Virginia's recent adoption of a new ethics rule will provide guidance on a common issue to lawyers and law firms managing lawyer departures. For years, lawyers and law firms have handled difficult and sometimes contentious…more

Ethics, Law Practice Management, Legal Ethics, New Regulations, Notice Requirements

See All Updates »

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

See All Updates »

FCC Regulations On Phone Call Captioning Held To Be Arbitrary and Capricious

On June 20, 2014, the D.C. Circuit Court of Appeals vacated two FCC regulations on phone call captioning technology designed for the hearing impaired, holding that the rules were made arbitrarily and capriciously in violation of…more

Administrative Procedure Act, CaptionCall, Disability, FCC, Technology

See All Updates »

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

See All Updates »

Court Decides Sarbanes-Oxley Is Intended for a Different Kettle of Fish The Fish Tale and the U.S. Supreme Court: Part II

By a surprisingly narrow margin, the U.S. Supreme Court recently spared future fishermen from facing up to 20 years in prison for destroying their catch. The case, Yates v. United States of America, involved the curious tale of…more

Destruction of Evidence, Evidence, Fishing Industry, Rule of Lenity, Sarbanes-Oxley

See All Updates »

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

See All Updates »

Florida Appellate Court: Open Meetings Law Applies to Collective Bargaining

In a crucial victory for transparency, a Florida state appeals court ruled that the state's open meetings law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of the…more

Mediation, Municipalities, Open Meetings Act, Public Entities, Settlement Agreements

See All Updates »

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

See All Updates »

NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be Aware of Employees' Protected Rights

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes…more

Anti-Harassment Policies, Confidentiality Policies, Discrimination, Employee Handbooks, General Counsel

See All Updates »

Impuesto a la Riqueza – Nuevas Obligaciones Formales a Cargo de Inversionistas Extranjeros - Las nuevas actualizaciones pueden afectar significativamente a quienes deben declarar impuesto a la riqueza

Los inversionistas extranjeros en Colombia pueden resultar afectados por las nuevas obligaciones formales del impuesto a la riqueza que pueden requerir presentar una declaración. Los inversionistas extranjeros que al 1 de…more

See All Updates »

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

See All Updates »

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

See All Updates »

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

Conflict Mineral Rules, Disclosure Requirements, Form SD, Reporting Requirements

See All Updates »

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

See All Updates »

2015 Florida Legislative Update: Environment, Growth Management and Water

The Florida Legislature concluded its 2015 regular session on May 1, 2015. However, for all practical purposes, the session ended on April 28, when the House unexpectedly adjourned three days early after it became clear the two…more

Anti-SLAPP, Conservation, Drones, FAA, Fracking

See All Updates »

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

See All Updates »

Condo Hotel Branding: Benefits and New Risks with Rule 506(c) - Condo Hotel Projects Sold as Exempt Securities Require Informed Decisions by Brand Operators

Condominium hotels are a subject of renewed interest, buoyed by the rising tide for real estate generally. These projects are also encouraged by favorable trends for financing under the SEC's new Rule 506(c) that allows "general…more

Commercial Real Estate Market, Condominiums, Crowdfunding, Financing, General Solicitation

See All Updates »

A New Reality for ESOP Fiduciaries - Company Stock Investments for Employee Participants in Retirement Plans of Public and Privately Held Companies Have Different Operating Requirements

For the ESOP fiduciary of a publicly traded employer, the Supreme Court has made clear that non-public insider information is not required to be used in reaching a decision to buy, hold or sell employer securities…more

401k, Employee Benefits, ESOP, FIfth Third Bancorp v Dudenhoeffer, Retirement

See All Updates »

What Employers Need to Know About the Expanded Massachusetts Parental Leave Act

On Jan. 7, 2015, then-Governor Deval Patrick signed the Parental Leave Act into law, extending parental leave to male employees in connection with the birth or adoption of a child. The amendment – which becomes effective on Apr…more

Amended Legislation, Deval Patrick, Employee Rights, Parental Leave

See All Updates »

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

See All Updates »

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

See All Updates »

Cybersecurity in the Construction Industry - What Construction Executives Should Be Doing Now to Prepare for the Inevitable

Cybersecurity is everywhere in the news today because hackers have been very successful in exploiting human weaknesses across a broad array of industries. Our construction industry appears to be tempted to brush off these early…more

Construction Industry, Cybersecurity, Popular, Risk Assessment, Risk Mitigation

See All Updates »

CEQA Judicial Outcomes: Fifteen Years of Reported California Appellate and Supreme Court Decisions

This report analyzes all published opinions from 1997 through 2012 litigated to the California Court of Appeal or the California Supreme Court concerning the analytical validity of an Environmental Impact Report (EIR) or…more

Appeals, CA Supreme Court, Categorical Exemptions, CEQA, Environmental Impact Report

See All Updates »

DOJ Shifts Stance on False Statements Prosecutions - A Change That Could Have a Major Impact on Future White Collar Investigations and Prosecutions

The U.S. Department of Justice (DOJ) recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, Section 1001. This statute makes it a crime to "knowingly and…more

Criminal Prosecution, DOJ, Enforcement, Enforcement Actions, False Statements

See All Updates »

Reminder for California Employers: Paid Sick Leave Effective July 1, 2015 - Both Non-Exempt and Exempt Employees Are Covered by the Healthy Workplaces, Healthy Families Act of 2014

On July 1, 2015, California’s Healthy Workplaces, Healthy Families Act of 2014 takes effect. Given the fast-approaching deadline for compliance, this is a reminder about the new law and its requirements. The highlights of the…more

Accrued Benefits, Employee Benefits, Healthy Workplace Act, Labor Commissioners, New Legislation

See All Updates »

BSI Account Holders Now Face 50 Percent Penalty On All Undisclosed Offshore Accounts

On Monday, March 30, 2015, the Department of Justice (the "Department") announced its first settlement under the Swiss Bank Program, potentially exposing thousands of U.S. taxpayers to a steep 50 percent penalty for failure to…more

BSI SA, DOJ, Non-Prosecution Agreements, Offshore Funds, OVDP

See All Updates »

MA Issues Regulations on Earned Sick Time for Student Workers and Faculty - Attorney General's Office Releases Final Regulations That Clarify Earned Sick Leave Policies

The Massachusetts Earned Sick Time Law (M.G.L. ch. 149, §148C), takes effect today, July 1, 2015. In broad terms, the law obligates covered Massachusetts employers to provide certain paid sick leave benefits to covered…more

Adjunct Faculty, Colleges, Earned Sick Time, Educational Institutions, Faculty

See All Updates »

CMS Proposes Changes to 2016 Star Rating Calculations - Medicare Advantage and Medicare Part D Prescription Drug Plans May Be Affected

The Centers for Medicare and Medicaid Services (CMS or the Agency) released a memorandum requesting comments regarding proposed changes to the 2016 star ratings systems for Medicare Advantage Plans (MA Plans) and Medicare Part D…more

CMS, Comment Period, Health Insurance, Medicare, Medicare Part D

See All Updates »

California Supreme Court Issues CEQA Ruling Regarding Categorical Exemptions - The Practical Result of the Court's Decision Is That Categorical Exemptions Remain a Viable Tool to Review Small Projects Across the State

The California Supreme Court issued its opinion in Berkeley Hillside Preservation v. City of Berkeley (Case No. S201116), overturning the Court of Appeal and charting a course for the future application of categorical exemptions…more

Berkeley Hillside v City of Berkeley, CA Supreme Court, Categorical Exemptions, CEQA, Environmental Impact Report

See All Updates »

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

See All Updates »

OPIC Issues Its First Green Guaranties – An Innovative Financing Program - The Guaranties Are Intended to Bridge the Gap Between Private Capital and Investment in Renewable Energy and Sustainable Development

The Overseas Private Investment Corporation (OPIC) has issued its first "Green Guaranties" to provide financing for a project considered to be in alignment with Green Bond Principles. The U.S. government's development…more

Foreign Investment, Go Green Bonds, OPIC, Renewable Energy

See All Updates »

Circuit Court Provides Clarification of Pleading Standards in FCA Cases - The Court's Holding Details Requirements for Alleging the Knowledge and Falsity Elements of an FCA Claim

A recent U.S. Court of Appeals case from the Seventh Circuit has brought further insight into the heightened pleading standard required under the False Claims Act (FCA). The case, Thulin v. Shopko Stores Operating Co., LLC, 7th…more

False Claims Act, Medicaid, Pharmacies, Pleading Standards

See All Updates »

FAA Proposes Commercial Drone Rules As White House Issues Executive Order - Pending Unmanned Aircraft Systems (UAS) Rules Would Ease Some Restrictions; Privacy to Be Addressed with Stakeholder Input

The Federal Aviation Administration (FAA) released its long-awaited Notice of Proposed Rulemaking (NPRM) on Sunday, Feb. 15, 2015 for the commercial use of small unmanned aircraft systems (UAS), commonly referred to as "drones."…more

Drones, Executive Orders, FAA, NPRM, Privacy Concerns

See All Updates »

The Donald Sterling Case Provides Valuable Trustee Incapacity Insights - Establishing the Most Effective Instruments to Evaluate Trustees Can Be a $2 Billion Issue

The ideal individual trustee has a wide variety of real world experience and judgment that can only be acquired over decades. Thus, many trustees are middle-aged or older at the start of their tenure. While some people remain…more

Fiduciary Duty, Succession Planning, Trustees, Trusts

See All Updates »

Seventh Circuit Finds Admiralty Jurisdiction in Asiana Airlines Lawsuits

In litigation arising from the July 2013 accident of Asiana Flight 214 at the San Francisco International Airport, the U.S. Court of Appeals for the Seventh Circuit reversed the District Court's remand decision, holding that…more

Airlines, Airplane Accidents, Airports, Asiana, Aviation Industry

See All Updates »

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

See All Updates »

IRS Issues Guidance on Tribal General Welfare Exclusion and Safe Harbors - Notice 2015-34 Provides Instruction on the Tribal General Welfare Exclusion Act's Effect on Prior IRS Guidance

On April 16, 2015, the Internal Revenue Service ("IRS") released Notice 2015-34, its first guidance on general welfare since President Obama signed the Tribal General Welfare Exclusion Act (the "Act") into law in September 2014…more

General Welfare Exclusion, IRS, Native American Issues, Revenue Procedure 2015-34

See All Updates »

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

See All Updates »

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

See All Updates »

FAA Streamlines Section 333 Exemption Process for Commercial UAS Operations - Summary Grant Process Increases Approved Applications Based on Previous Exemption Similarities

In response to pressure from Congress and the high demand for exemptions to use unmanned aerial systems (UAS) for commercial purposes, the Federal Aviation Administration (FAA) has streamlined its processes for granting Section…more

Drones, FAA, Section 333 Exemption, Unmanned Aircraft Systems

See All Updates »

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

See All Updates »

A New Reality for ESOP Fiduciaries - Company Stock Investments for Employee Participants in Retirement Plans of Public and Privately Held Companies Have Different Operating Requirements

For the ESOP fiduciary of a publicly traded employer, the Supreme Court has made clear that non-public insider information is not required to be used in reaching a decision to buy, hold or sell employer securities…more

401k, Employee Benefits, ESOP, FIfth Third Bancorp v Dudenhoeffer, Retirement

See All Updates »

Methodology for Measuring National Content in Mexican Hydrocarbon Sector - The Three Legal Schemes Impacted in the National Oil Industry by This Methodology Are Allocations, Contracts for Exploration, and Extraction and Permits

The "Methodology for measuring national content in Allocations and Contracts for Exploration and Extraction of Hydrocarbons, as well as for the Permits in the Hydrocarbons Industry"was published on Nov. 13, 2014,in Diario…more

See All Updates »

Congress Continues to Threaten Contracting by Inverted Domestic Corporations - Congressional Action May Further Restrict IDCs from Contracting with the Government

Recent congressional action regarding Inverted Domestic Corporations (IDC) may lead to further limitations on the ability of IDCs to contract with the federal government. Starting with the 2002 legislation that established the…more

DHS, DOD, Expatriates, Federal Contractors, Inverted Domestic Corporations

See All Updates »

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

See All Updates »

IRS Changes the Streamlined Filing Compliance Procedures and Offshore Voluntary Disclosure Program (OVDP) - Determining Your Most Advantageous Route Is Imperative

The IRS announced substantial changes to both the Streamlined Filing Compliance Procedures for Non-Resident, Non-Filer Taxpayers and the Offshore Voluntary Disclosure Program (OVDP) on June 18, 2014…more

Compliance, FATCA, FBAR, IRS, OVDP

See All Updates »

Issuance of the Mexican Secondary Laws in Connection with the Constitutional Energy Reform

As of Aug. 11, 2014, all the secondary laws pertaining to the Mexican Energy Reform (published Dec. 20, 2013), were published in the Mexican Official Gazette. The scope of the secondary laws published on Aug. 11, 2014,…more

Energy Reform, Mexico, Oil & Gas

See All Updates »

IRS Unveils New Compliance Program

According to the Miriam Webster dictionary, credibility is defined as "the quality or power of inspiring belief." When IRS Commissioner John Koskinen took office, one of his many roles involved trying to restore the integrity of…more

Compliance, FBAR, Income Taxes, International Tax Issues, IRS

See All Updates »