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

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Legislative Alert: Illinois House of Representatives Passes HB 924

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

Contractors, New Legislation, Reporting Requirements, Subcontractors

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Religious Institutions Update: January 2016

Timely Topics - The Internal Revenue Service (IRS) issued on Dec. 17, 2015, a memorandum instructing its examiners not to conduct employment tax audits of churches without getting in touch with a high-ranking Treasury…more

Audits, Equal Protection, Health Care Providers, IRS, Jurisdiction

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New California Labor and Employment Laws for 2016

As in recent years, the California Legislature passed and Gov. Jerry Brown signed numerous labor and employment bills into law in 2015. Each become effective on Jan. 1, 2016, unless otherwise stated. This Alert highlights the…more

Cheerleaders, Commercial Truck Drivers, FEHA, Gender-Based Pay Discrimination, Grocery Store Workers

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Delaware Federal Court Dismisses Say-on-Pay Complaint

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

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

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Supreme Court Upholds Reasonable Contractual Limitations Period in ERISA Plan

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

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

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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 Industry, Prescription Drugs

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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, JOBS Act, Regulation A

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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, Negligence, Preemption

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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

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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

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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

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Religious Institutions Update: March 2013

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

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

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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

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Food and Beverage Law Update: January 2016

Key Issues Facing Food Retailers - Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a…more

Beer, Breweries, Cybersecurity, Excise Tax, FDA

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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, Insolvency, Law Firm Partners

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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 (FCA), FERA, Whistleblowers

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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 Industry, Prescription Drugs

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

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

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

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Indian-Owned Businesses Should See More Procurement Contracts Under New Buy Indian Policy

The U.S. Department of the Interior's Bureau of Indian Affairs (BIA) on Jan. 12, 2016, announced a new policy to improve the implementation of the Buy Indian Act of 1910 (Act). The policy, announced in a memorandum by Acting…more

Bureau of Indian Affairs, Federal Procurement Systems, GAO, Native American Issues, Tribal Corporations

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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

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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

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Food and Beverage Law Update: January 2016

Key Issues Facing Food Retailers - Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a…more

Beer, Breweries, Cybersecurity, Excise Tax, FDA

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Energy Industry Impacted by Consolidated Appropriations Act's Tax Code Changes

The U.S. Senate has passed H.R. 2029, the Consolidated Appropriations Act of 2016. The measure, which was approved Friday morning, Dec. 18, funds the government for the remainder of the fiscal year (through September 30, 2016)…more

Appropriations Bill, Energy Sector, Exports, Investment Tax Credits, Oil & Gas

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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

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FINRA Proposal Lets Financial Firms Hold Funds of Elder Abuse Victims

The Financial Industry Regulatory Authority (FINRA) will soon be soliciting public comment on a proposal allowing financial institutions to put a hold on customer funds and notify a customer's "trusted contact" when the…more

Bank Accounts, Banking Sector, Banks, Customer Funds, Customer Funds Protection

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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

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New Limitations on Visa-Less Travel to the U.S.

The U.S. Department of Homeland Security (DHS) and the Department of State on Jan. 21, 2016, commenced implementation of changes to the Visa Waiver Program (VWP) pursuant to the Visa Waiver Program Improvement and Terrorist…more

DHS, ESTA, Foreign Nationals, Iran, Iraq

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DOJ Appoints Compliance Counsel to Provide Advice in FCPA Investigations

The U.S. Department of Justice (DOJ) is creating a new compliance counsel position in the Criminal Division’s Fraud Section to scrutinize the compliance programs of companies under investigation for possible Foreign Corrupt…more

Administrative Appointments, Bribery, Compliance, Corporate Fraud, Criminal Investigations

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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

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How Will the Consolidation of Insurance Markets Affect You?

Market consolidation dominated the insurance industry last year, and all signs suggest that this trend toward consolidation will continue. One of the largest mergers involves ACE Limited, which announced in July 2015 that it…more

D&O Insurance, Industry Consolidation, Insurance Industry, Premiums, Underwriting

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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

Bitcoin, FBAR, FinCEN, Foreign Bank Accounts, Foreign Banks

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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

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

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

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

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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

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

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

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

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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

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West Coast Real Estate Update: Feb. 2016 #2

New Legislation Limits Tax Sharing Agreements - California Senate Bill (SB) 533, which was signed into law in October 2015, went into effect on Jan. 1, 2016, and limits local government from executing tax-sharing agreements…more

ALTA, Anti-Deficiency Provisions, Banking Sector, CA Supreme Court, Foreclosure

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MAP-21: What Business Members Need To Know

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

MAP-21, Surface Transportation, Surface Transportation Board

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DoD Grants Contractors a Reprieve: Cybersecurity Compliance is Delayed

The U.S. Department of Defense (DoD) released interim rules on Aug. 26, 2015, setting forth (i) information system security requirements; (ii) mandatory cyber breach reporting; and (iii) cloud computing standards and procedures…more

Cloud Computing, Corporate Counsel, Cyber Incident Reporting, Department of Defense (DOD), Federal Contractors

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

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

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

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"Site Neutrality" Bill Impacts Off-Campus Hospital Outpatient Departments

On Nov. 2, 2015, President Obama signed into law H.R. 1314, the Bipartisan Budget Act of 2015 (the Act).1 The Act suspended the federal debt ceiling through March 2017. It also set overall appropriations limits for the federal…more

Bipartisan Budget, Health Care Providers, Healthcare, Medicare Payment Reform, Outpatient Services

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D.C. Circuit Upholds NLRB's Continued Targeting of Workplace Rules

The National Labor Relations Board (NLRB or the Board) has continued its trend of subjecting employer work rules to scrutiny as to whether they unlawfully restrict workers' rights to form or join labor organizations, bargain…more

Employee Handbooks, NLRA, NLRB, Unions, Workplace Investigations

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Food and Beverage Law Update: January 2016

Key Issues Facing Food Retailers - Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a…more

Beer, Breweries, Cybersecurity, Excise Tax, FDA

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

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

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

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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

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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

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Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

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

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

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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, Incidental Take Permits, Mitigation, Permits

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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

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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, Confidential Information, Ethics, Legal Ethics

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CPP Sets First National Standards Limiting Power Plants' Carbon Pollution

President Obama unveiled the final Clean Power Plan (CPP) rule on Aug. 3, 2015, which sets forth a historic and ambitious regulation for cutting greenhouse-gas pollution. The CPP establishes the first-ever national standards to…more

Air Pollution, Carbon Emissions, Clean Air Act, Clean Power Plan, Compliance

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Illinois Supreme Court Abolishes Long-Standing Public Duty Rule

A divided Illinois Supreme Court issued its decision in Coleman v. East Joliet Fire Protection District et al., 2016 IL 117952, on Jan. 22, 2016, abolishing the common-law standard that a local governmental body and its…more

Duty of Care, Governmental Employees Tort Immunity Act, IL Supreme Court, Public Employees, Stare Decisis

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Food and Beverage Law Update: October 2015

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that…more

ADA, Alcohol Beverage Control, All Natural, Antitrust Litigation, Arbitration

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

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

Digital Assets, Electronically Stored Information, Estate Planning

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FinCEN Geographic Targeting Order Affects Miami-Dade County Residential Purchases Exceeding $1 Million

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Jan. 13, 2016, issued a Geographic Targeting Order (GTO or the Order) requiring title insurance companies, subsidiaries and agents (each a…more

BSA/AML, Disclosure Requirements, FinCEN, GTO, Insurance Industry

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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

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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, Fair Housing Act (FHA), Pleading Standards, Race Discrimination

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Reaffirming an Everyday Commitment to Anti-Human Trafficking Measures

Yesterday, on Jan. 11, we observe National Human Trafficking Awareness Day. It was so designated in 2007, when the U.S. Senate affirmed the nation’s commitment to eliminating human trafficking globally. Further, each year the…more

Forced Labor, Human Trafficking, Slavery, Supply Chain

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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

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Warranties Go Digital with Enactment of the E-Warranty Act

President Barack Obama has signed into law the E-Warranty Act of 2015. The E-Warranty Act, which took effect Sept. 24, allows sellers of consumer goods to place warranty information online and satisfy the disclosure…more

Disclosure Requirements, E-Warranty Act, Magnuson-Moss Act, Obama Administration, Online Platforms

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The New York Non-Profit Revitalization Act of 2013

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

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

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2013 Florida Legislative Session Recap

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

New Legislation, Proposed Legislation, State Budgets

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La Dian expidió declaración anual de activos en el exterior para 2015

El pasado 14 de septiembre de 2015 el Director de la Dirección de Impuestos y Aduanas Nacionales, expidió el Formulario No. 160 para la presentación de la “Declaración Anual de Activos en el Exterior”. La Declaración Anual…more

Filing Requirements, Foreign Financial Assets, Tax Rates

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Office for Civil Rights Clarifies That Cost of Attendance "Counts" for Title IX Purposes

Scholarships up to the cost of attendance "count as athletic financial assistance and are subject to the same rules under Title IX as other athletic scholarships," according to the U.S. Department of Education's Office for Civil…more

Financial Assistance Policies, Gender Equity, NCAA, OCR, Scholarships

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FMC to Start Two Regulatory Reviews Regarding Industry Regulations

The U.S. Federal Maritime Commission (FMC) voted this week to start the regulatory review process regarding ocean common carrier and marine terminal operator (MTO) agreements (the Carrier/MTO Agreement Review). The review,…more

Common Carriers, Exemptions, Federal Maritime Commission, Filing Requirements, Regulatory Oversight

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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

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

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

Native American Issues, Testimony

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DOJ Backs Up Yates Memo with Indictment of Former Warner Chilcott Executive

A grand jury in the U.S. District Court for the District of Massachusetts returned an indictment against W. Carl Reichel, a former president of Warner Chilcott PLC's pharmaceuticals division, on Oct. 28, 2015. A day later, he…more

Healthcare, Kickbacks, Prescription Drugs, Warner Chilcott, Yates Memorandum

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FinCEN Geographic Targeting Order Affects Miami-Dade County Residential Purchases Exceeding $1 Million

The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) on Jan. 13, 2016, issued a Geographic Targeting Order (GTO or the Order) requiring title insurance companies, subsidiaries and agents (each a…more

BSA/AML, Disclosure Requirements, FinCEN, GTO, Insurance Industry

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

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

Anti-Deficiency Provisions, Foreclosure, One-Action Rule

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

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

Commercial Loans, IDOT, Tax Exemptions

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SEC Proposes Rules for Pay Ratio Disclosure

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

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

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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

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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

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Florida Enacts a New Revised Limited Liability Company Act

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

Amended Legislation, LLC, New Legislation, RULLCA

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Safe Harbor 2.0: How the EU-U.S. "Privacy Shield" Could Impact Your Global Operations

The U.S. and European Union (EU) reached an agreement regarding international data transfers, shortly after the deadline set by both parties. The parties had been in negotiations since the Court of Justice of the European…more

CJEU, Data Protection, Data Protection Authority, EU, EU-US Privacy Shield

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IRS Extends FATCA Registration Deadline to May 5, 2014

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

Banks, Due Diligence, FATCA, FFI, Foreign Banks

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

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

Actual Malice, Defamation, False Statements

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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, Federal Aviation Administration (FAA), Fracking

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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

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Safe Harbor 2.0: How the EU-U.S. "Privacy Shield" Could Impact Your Global Operations

The U.S. and European Union (EU) reached an agreement regarding international data transfers, shortly after the deadline set by both parties. The parties had been in negotiations since the Court of Justice of the European…more

CJEU, Data Protection, Data Protection Authority, EU, EU-US Privacy Shield

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New York to Drastically Change "Gift Tax" Rule

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

Estate Planning, Estate Tax, Gift Tax

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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

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Local Government: Illinois Open Meetings Act Update

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

Open Meetings Act

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

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

Fashion Design, PSLRA, Safe Harbors

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Lobbying Restrictions for 501(c)(4)s Receiving Federal Grants, Loans or Other Awards - The Simpson Amendment

Although 501(c)(4) organizations have been in the news recently for potentially engaging in too much political activity, it is worth noting that a relatively obscure Senate amendment from 1995 prohibits lobbying by certain…more

501(c)(4), Federal Grants, Lobbying, Lobbying Disclosure Act, Social Welfare Organizations

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IRS Amends TED Bond Volume Cap Rules to Accommodate Draw-Down Loans

The Internal Revenue Service (IRS) issued Notice 2015-83 on Dec. 4, 2015, a change that will make it easier for Indian tribal governments to use tribal economic development (TED) volume cap for "draw-down" loan structures in…more

American Recovery and Reinvestment Act, IRS, Loans, Native American Issues, Tax Exemptions

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

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

Discrimination, NLRA, NLRB, Political Expression

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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

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Revised Hart-Scott-Rodino Thresholds Take Effect Feb. 25, 2016

The Federal Trade Commission (FTC) has announced revisions to the thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will apply to all transactions closing on or after Feb. 25, 2016. The FTC…more

DOJ, Filing Fees, FTC, Hart-Scott-Rodino Act, The Clayton Act

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Importance of a Compliance Management System

Anthony DiResta discusses the importance of designing and implementing an effective Compliance Management System (CMS). This risk management tool is one of the key solutions in avoiding government investigations at both the…more

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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, Corporate Counsel, Employee Handbooks, Employee Rights

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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 (FCA), Federal Contractors, Fraud

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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

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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

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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

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

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

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

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Sequestration Tango: Taking Steps to Assess Risk and Mitigate Impacts

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

Contractors, OMB, Risk Assessment, Spending Cuts

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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, DWPA, Environmental Assessments, Environmental Impact Report, FERC

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Implementation Day: Iran Sanctions Relief Officially Takes Effect - IAEA Verifies That Iran Fulfilled Nuclear-Related Obligations Under the Joint Comprehensive Plan of Action

Jan. 16, 2016, marked a significant milestone ("Implementation Day") as the International Atomic Energy Agency (IAEA) verified that Iran had fulfilled its nuclear-related obligations under the landmark Joint Comprehensive Plan…more

IAEA, Iran Sanctions, Joint Comprehensive Plan of Action (JCPOA), Nuclear Weapons, P5+1 Nations

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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

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Supreme Court Clarifies Limits on Tribes' Self-Determination Contract Support Costs Claims

The U.S. Supreme Court ruled on Jan. 25, 2016, against the Menominee Indian Tribe of Wisconsin (Tribe) in Menominee Indian Tribe of Wisconsin v. United States, et al., 577 U.S. ___ (2016) regarding its claims that the Indian…more

Contract Disputes Act, Equitable Tolling, ISDA, Menominee Indian Tribe v US, Native American Issues

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Reaffirming an Everyday Commitment to Anti-Human Trafficking Measures

Yesterday, on Jan. 11, we observe National Human Trafficking Awareness Day. It was so designated in 2007, when the U.S. Senate affirmed the nation’s commitment to eliminating human trafficking globally. Further, each year the…more

Forced Labor, Human Trafficking, Slavery, Supply Chain

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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

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Maryland Appellate Court Clarifies Applicability of Business Judgment Rule for Board Responding to Shareholder Demand

The Maryland Court of Special Appeals recently ruled in Oliveira v. Sugarman, -- A.3d --, 2016 WL 361055 (2016), that a Maryland board's rejection of a shareholder demand is subject to the presumption of the business judgment…more

Business Judgment Rule, Independent Directors, Shareholder Demands, Shareholder Litigation, Shareholder Rights

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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

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

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

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

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

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

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

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Illinois Supreme Court Rules Local Land Use Codes Apply to School Districts

In a long-anticipated decision, the Illinois Supreme Court ruled on September 24, 2015, that school districts are subject to municipal zoning and land use regulations. The decision in Gurba v. Community High School District No…more

Construction Industry, Educational Institutions, General Assembly, IL Supreme Court, Public Schools

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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

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"Site Neutrality" Bill Impacts Off-Campus Hospital Outpatient Departments

On Nov. 2, 2015, President Obama signed into law H.R. 1314, the Bipartisan Budget Act of 2015 (the Act).1 The Act suspended the federal debt ceiling through March 2017. It also set overall appropriations limits for the federal…more

Bipartisan Budget, Health Care Providers, Healthcare, Medicare Payment Reform, Outpatient Services

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Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees for "Liking" and Commenting on Disparaging Posts

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play, unlawfully…more

Employment Policies, Facebook, Hiring & Firing, NLRA, NLRB

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The New York Non-Profit Revitalization Act of 2013

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

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

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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)

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

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

Alter Ego, Corporate Veil, Federal Maritime Commission

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How To Protect Yourself From Identity Theft

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

Identity Theft

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Pipeline Proposal Would Expand Reporting and Testing, Cost $22.4M Annually

This year has been marked by a series of high-profile pipeline incidents in Montana, West Virginia and California, among others. In response to these incidents, the Pipeline and Hazardous Materials Safety Administration (PHMSA)…more

Comment Period, Compliance, Energy Sector, Hazardous Substances, Oil & Gas

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Illinois Supreme Court Abolishes Long-Standing Public Duty Rule

A divided Illinois Supreme Court issued its decision in Coleman v. East Joliet Fire Protection District et al., 2016 IL 117952, on Jan. 22, 2016, abolishing the common-law standard that a local governmental body and its…more

Duty of Care, Governmental Employees Tort Immunity Act, IL Supreme Court, Public Employees, Stare Decisis

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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

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Second Circuit Says Facebook Profanity Directed at Employer is Protected - Employer Violated NLRA by Terminating Two Employees for "Liking" and Commenting on Disparaging Posts

In Three D, LLC d/b/a/ Triple Play Sports Bar and Grille v. NLRB, the U.S. Court of Appeals for the Second Circuit upheld the National Labor Relations Board's (the Board) determination that the employer, Triple Play, unlawfully…more

Employment Policies, Facebook, Hiring & Firing, NLRA, NLRB

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Illinois Supreme Court Narrows Misconduct Disqualification for Unemployment Benefits

The Illinois Unemployment Insurance Act (Act) provides that employees who are discharged for "misconduct" are ineligible for unemployment benefits. In Petrovic v. Department of Employment Security, 2016 IL 118562, decided Feb…more

IL Supreme Court, Policy Violations, Unemployment Benefits, Unemployment Insurance, Willful Misconduct

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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

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

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

FDA, FDASIA, Medical Devices

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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

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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

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

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

Class Action, Financial Statements, Fraud, Pleadings

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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

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Indian-Owned Businesses Should See More Procurement Contracts Under New Buy Indian Policy

The U.S. Department of the Interior's Bureau of Indian Affairs (BIA) on Jan. 12, 2016, announced a new policy to improve the implementation of the Buy Indian Act of 1910 (Act). The policy, announced in a memorandum by Acting…more

Bureau of Indian Affairs, Federal Procurement Systems, GAO, Native American Issues, Tribal Corporations

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DOJ Appoints Compliance Counsel to Provide Advice in FCPA Investigations

The U.S. Department of Justice (DOJ) is creating a new compliance counsel position in the Criminal Division’s Fraud Section to scrutinize the compliance programs of companies under investigation for possible Foreign Corrupt…more

Administrative Appointments, Bribery, Compliance, Corporate Fraud, Criminal Investigations

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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

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

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

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

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

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

Alter Ego, Corporate Veil, Federal Maritime Commission

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FCA 60-Day Repayment Provision Runs from Discovery of Potential Overpayment

The U.S. District Court for the Southern District of New York issued the first decision directly addressing when an overpayment is “identified” for purposes of starting the 60-day repayment clock under the federal False Claims…more

Affordable Care Act, Billing, Civil Investigation Demand, Compliance, False Claims Act (FCA)

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West Coast Real Estate Update: Feb. 2016 #2

New Legislation Limits Tax Sharing Agreements - California Senate Bill (SB) 533, which was signed into law in October 2015, went into effect on Jan. 1, 2016, and limits local government from executing tax-sharing agreements…more

ALTA, Anti-Deficiency Provisions, Banking Sector, CA Supreme Court, Foreclosure

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Florida Development Permits Eligible for Extension Due to Tropical Storm Erika Order

A permit and development order extension opportunity is available until Jan. 25, 2016, as a result of Florida's declaration of a state of emergency for Tropical Storm Erika…more

Building Permits, Construction Industry, Development Approval Extensions, Florida, State of Emergency

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Practical Recommendations for Implementing California Supreme Court's Latest CEQA Decision - Court: CEQA Does Not Generally Require an Analysis of Environment's Impacts on a Project

In California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), the California Supreme Court held that the California Environmental Quality Act (CEQA) generally does not require analysis…more

Bay Area Air Quality Management District, CA Supreme Court, CEQA, Construction Industry, Environmental Assessments

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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

Borrowers, Creditors, Due Diligence, Hospitality Industry, Liens

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Debt Collectors Beware: FTC Takes Broad Reading of Activities Subject to FDCPA and Section 5

This week, the Federal Trade Commission (FTC) warned companies that they may not realize they are subject to the Fair Debt Collection Practices Act (FDCPA). Christopher Koegel, Assistant Director of the FTC Division of Financial…more

CFPB, Debt Collectors, FDCPA, Financial Services Industry, FTC

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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

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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

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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, Enforcement, FDA

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SEC Approves Final Rules for Pay Ratio Disclosure

The Securities and Exchange Commission (SEC) adopted the final "pay ratio" disclosure rules to implement Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) at an open meeting on…more

CEOs, Cost-of-Living, De Minimus Quantity Exemption, Disclosure Requirements, Dodd-Frank

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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

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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

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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

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Court Decision Carves Out Broad Right to Injunctive Relief for Protesters of GSA Lease Awards

In 2014, the U.S. General Services Administration (GSA) sought to consolidate the Transportation Security Administration's (TSA) multiple Northern Virginia offices into one campus. As this process would require a lease award in…more

Anti-Deficiency Act, Commercial Leases, GSA, Office Space, Transportation Security Administration

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Ritchie v. Rupe 2016 and the Limits of Fiduciary Duties Owed Between Shareholders in Closely Held Businesses

A recent Texas court of appeals decision bucks the prevailing view when it comes to fiduciary duties owed between shareholders in closely held companies. In Ritchie v. Rupe, the court reversed the jury’s determination that three…more

Breach of Duty, Closely Held Businesses, Fiduciary Duty, Shareholder Rights

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Court Upholds Management Deal with Union on Hotel Operations

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

Contract Disputes, Corporate Management, Negotiations, Unions

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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

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Physician-Owned Device Companies: OIG Issues Further Guidance

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

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

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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, JOBS Act, Regulation A

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West Coast Real Estate Update: Feb. 2016 #2

New Legislation Limits Tax Sharing Agreements - California Senate Bill (SB) 533, which was signed into law in October 2015, went into effect on Jan. 1, 2016, and limits local government from executing tax-sharing agreements…more

ALTA, Anti-Deficiency Provisions, Banking Sector, CA Supreme Court, Foreclosure

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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, Federal Aviation Administration (FAA), First Amendment, Right to Privacy, Unmanned Aircraft Systems

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DoD Inspector General Publishes Annual Oversight Plan

On December 10, 2015, the Office of the Inspector General (OIG) for the Department of Defense published its Oversight Plan for Fiscal Year 2016. While the Defense OIG has published an annual audit plan in past years, this is the…more

Audits, CPARS, Department of Defense (DOD), OIG, Regulatory Oversight

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IRS Provides Safe Harbor for Exclusion from Cancellation of Indebtedness Income

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

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

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

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

DCAA, Executive Compensation

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New California Labor and Employment Laws for 2016

As in recent years, the California Legislature passed and Gov. Jerry Brown signed numerous labor and employment bills into law in 2015. Each become effective on Jan. 1, 2016, unless otherwise stated. This Alert highlights the…more

Cheerleaders, Commercial Truck Drivers, FEHA, Gender-Based Pay Discrimination, Grocery Store Workers

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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

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Implementation Day: Iran Sanctions Relief Officially Takes Effect - IAEA Verifies That Iran Fulfilled Nuclear-Related Obligations Under the Joint Comprehensive Plan of Action

Jan. 16, 2016, marked a significant milestone ("Implementation Day") as the International Atomic Energy Agency (IAEA) verified that Iran had fulfilled its nuclear-related obligations under the landmark Joint Comprehensive Plan…more

IAEA, Iran Sanctions, Joint Comprehensive Plan of Action (JCPOA), Nuclear Weapons, P5+1 Nations

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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, Federal Aviation Administration (FAA), Fracking

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Practical Recommendations for Implementing California Supreme Court's Latest CEQA Decision - Court: CEQA Does Not Generally Require an Analysis of Environment's Impacts on a Project

In California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), the California Supreme Court held that the California Environmental Quality Act (CEQA) generally does not require analysis…more

Bay Area Air Quality Management District, CA Supreme Court, CEQA, Construction Industry, Environmental Assessments

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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, Corporate Counsel, False Claims Act (FCA), Legal Ethics, Whistleblowers

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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

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Early Analysis of New Partnership Audit Rules’ Impact on LIHTC Transactions

The Bipartisan Budget Act of 2015 (P.L. 114-74) was signed into law on Nov. 2, 2015. The Act includes a complete overhaul of the procedures that apply to Internal Revenue Service (IRS) audits of partnerships, including limited…more

Audits, Bipartisan Budget, IRS, LIHTC, Partnerships

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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, Non-Compete Agreements

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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

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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

Discovery, Foreign Jurisdictions, International Arbitration, Tribunals

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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

SCOTUS, Vessels

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SBA Issues Final Rule on ITVAR “Footnote 18” Exception

On January 26, 2016, the Small Business Administration (SBA) published in the Federal Register a final rule modifying the employee-based size standards for 36 industries and sub-industries that are not part of North American…more

Final Rules, NAICS, NDAA, SBA, Small Business

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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

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Supreme Court: FERC Can Regulate Programs Directly Impacting the Wholesale Power Market

In FERC v. Electric Power Supply Association et al., the U.S. Supreme Court held in a 6-2 decision that the Federal Energy Regulatory Commission (FERC) has the authority, pursuant to the Federal Power Act (FPA), to regulate…more

Demand Response, Electricity Costs, Energy Market, Federal Power Act, FERC

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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

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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 (FCA), Health Care Providers

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Protecting Americans from Tax Hikes Act Makes Substantial Changes to Tax Law

The Protecting Americans from Tax Hikes Act of 2015 (PATH Act) was signed into law on Dec. 18, 2015, as part of the Consolidated Appropriations Act, 2016. The PATH Act alters the regime for taxing foreign persons holding U.S…more

Controlled Foreign Corporations, Depreciation, FIRPTA, Protecting Americans from Tax Hikes (PATH) Act, REIT

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New York City Bar Addresses Local Counsel Ethics and Risk Management Issues

Recent years have seen a number of civil damage actions in which attorneys who thought they were serving only as local counsel in a matter have been sued for alleged failures to provide representation beyond what local counsel…more

American Bar Association (ABA), Attorney Representation Agreements, Client Services, Legal Ethics, Risk Management

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West Coast Real Estate Update: Feb. 2016 #2

New Legislation Limits Tax Sharing Agreements - California Senate Bill (SB) 533, which was signed into law in October 2015, went into effect on Jan. 1, 2016, and limits local government from executing tax-sharing agreements…more

ALTA, Anti-Deficiency Provisions, Banking Sector, CA Supreme Court, Foreclosure

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Estate Planning with Portability: Not a Panacea

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

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

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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, Insurance Industry

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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 (DOD), Federal Contractors, Federal Procurement Systems, GAO

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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

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

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

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

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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

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Nasdaq Proposes Amendments to Compensation Committee Member Independence Rules

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

Compensation Committee, Nasdaq, NYSE, SEC

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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

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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, Jurisdiction

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Landmark Decision Issued on Proper Environmental Baseline under

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

CEQA, Environmental Policies, Public Transit, Smart Rail

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

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

Foreclosure, Leases, Local Ordinance, Municipalities, Relocation Assistance

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

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

Extensions, Natural Disasters, Permits

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SEC Requires First Admission of Wrongdoing Under Revised Settlement Policy

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

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

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Copyright Owners Must Weigh Fair Use Before DMCA Takedown, 9th Circuit Holds

A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit held on Sept. 14, 2015, that a copyright owner must consider whether a third party's online use of copyrighted content constitutes fair use before sending a…more

Appeals, Attorney's Fees, Copyright, Copyright Infringement, Copyright Litigation

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

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

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

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White House Issues Cybersecurity Executive Order

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

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

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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

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Early Analysis of New Partnership Audit Rules’ Impact on LIHTC Transactions

The Bipartisan Budget Act of 2015 (P.L. 114-74) was signed into law on Nov. 2, 2015. The Act includes a complete overhaul of the procedures that apply to Internal Revenue Service (IRS) audits of partnerships, including limited…more

Audits, Bipartisan Budget, IRS, LIHTC, Partnerships

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Safe Harbor 2.0: How the EU-U.S. "Privacy Shield" Could Impact Your Global Operations

The U.S. and European Union (EU) reached an agreement regarding international data transfers, shortly after the deadline set by both parties. The parties had been in negotiations since the Court of Justice of the European…more

CJEU, Data Protection, Data Protection Authority, EU, EU-US Privacy Shield

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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

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

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

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

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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

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Will FAST Act Make Permitting Faster? Streamlining Offered for Infrastructure Projects

The new federal highway funding legislation, the Fixing America's Surface Transportation Act (FAST Act), signed into law by President Obama on Dec. 4, 2015, provides long-term funding certainty for surface transportation…more

Critical Infrastructure Sectors, Environmental Review, Fixing America’s Surface Transportation Act (FAST Act), NEPA, New Legislation

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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

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CBP Offers IP Owners Better Tools for Combating International Counterfeits

Next month, intellectual property owners will have the benefit of a permanent federal rule that provides for the disclosure of information essential to blocking counterfeit goods from invading the domestic market. The rule,…more

Child Labor, Copyright, Copyright Infringement, Counterfeit Goods Regulation, Counterfeiting

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Shootings on Campus: Institutions Should Review These Security Measures Now

The disturbing increase in campus shooting tragedies demands a careful review of campus safety measures. Recent incidents in several states remind us that violence can erupt without much, if any, advance warning. Educational…more

Background Checks, Best Practices, DHS, Educational Institutions, Emergency Management Plans

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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

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SEC Division of Enforcement Realigning Focus

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

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

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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

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FMC to Start Two Regulatory Reviews Regarding Industry Regulations

The U.S. Federal Maritime Commission (FMC) voted this week to start the regulatory review process regarding ocean common carrier and marine terminal operator (MTO) agreements (the Carrier/MTO Agreement Review). The review,…more

Common Carriers, Exemptions, Federal Maritime Commission, Filing Requirements, Regulatory Oversight

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