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Barbara Adams	Legislative Alert: Illinois House of Representatives Passes HB 924 On April 18, 2013, the Illinois House of Representatives passed House Bill 924 on a 60–50 vote. The bill amends the Illinois Prevailing Wage Act (820 ILCS 130/2) to require that all contractors and subcontractors bidding on work…more Contractors, New Legislation, Reporting Requirements, Subcontractors	See All Updates »
Nathan A. Adams IV	Religious Institutions: June 2013 Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and…more Affordable Care Act, Clergy Members, Contraceptive Coverage Mandate, Discrimination, Due Process	See All Updates »
Linda Auerbach Allderdice	California High Court Issues Important Ruling on Labor Speech Rights of Unions on Private Property The California Supreme Court recently issued its decision in Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8. Although the ruling resolved a long-standing dispute between a supermarket owner and the…more First Amendment, Fourteenth Amendment, Free Speech, Injunctions, Labor Disputes	See All Updates »
Eric S. Almon	Delaware Federal Court Dismisses Say-on-Pay Complaint In a recent opinion, the United States District Court for the District of Delaware dismissed a derivative complaint brought as a result of a negative shareholder advisory vote on executive compensation. The court found that the…more Derivative Suit, Dodd-Frank, Executive Compensation, Say-on-Pay, Shareholder Votes	See All Updates »
Jonathan E. Anderman	Massachusetts Public Health Council Approves Regulations Implementing Relaxation of Strict Ban on Gifts from Pharmaceutical and Medical Device Manufacturers On November 21, 2012, the Massachusetts Public Health Council (PHC) approved the final regulatory amendments implementing the Pharmaceutical and Medical Device Manufacturer Conduct Law, MGL ch. 111N, which was amended by Gov…more Medical Devices, Pharmaceutical, Physician Gift-Ban Law, Sunshine Act	See All Updates »
Marc Antonecchia	New York's Highest Court Affirms Contractual Right to Select New York Law to Govern Transactions Without Nexus to the State In a case of first impression, the New York Court of Appeals has held that a court need not undertake a conflicts-of-laws analysis when there is an express choice of New York law in a contract pursuant to New York General…more Aviation Contracts, Choice-of-Law, Nexus	See All Updates »
Laura Atherstone	Religious Institutions Update: March 2013 In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in…more Affordable Care Act, Catholic Church, Contraceptive Coverage Mandate, Establishment Clause, IRS	See All Updates »
Kristina Starr Azlin	Amendments to California False Claims Act Expand Potential Exposure to Government Investigations and Litigation On September 27, 2012, Governor Jerry Brown signed into law Assembly Bill 2492 (AB 2492), which amends the California False Claims Act (CFCA). These amendments closely align the CFCA with the federal False Claims Act (FFCA). The…more Attorney Generals, Compliance, False Claims Act, FERA, Whistleblowers	See All Updates »
Philip Baker-Shenk	Appropriations Hearing on the Bureau of Indian Affairs/Indian Health Service Budget Request On April 24 at 9:30 a.m. and 1:00 p.m., and on April 25 at 9:30 p.m., the House Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold three separate American Indian and Alaska Native Public and…more Native American Issues, Testimony	See All Updates »
Eileen Bannon	What Every End-User Needs to Know About the ISDA March 2013 DF Protocol On March 22, 2013, ISDA published the March 2013 DF Protocol, and on May 20, 2013, ISDA Amend1 became available to accept Questionnaires under the new Protocol. The March 2013 Protocol (which is completely separate from the ISDA…more CEA, CFTC, End-Users, ISDA, Major Swap Participants	See All Updates »
Leigh-Alexandra Basha	French Trust Law Reporting Requirements Last year France passed legislation which is aimed at taxing assets held through trusts where there is a connection with France. Effective as of July 31, 2011, this legislation imposes tax reporting obligations on trustees…more Trusts	See All Updates »
David S. Black	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, Sequestr, Spending Cuts	See All Updates »
Kurt E. Blase	D.C. Circuit Validates Regulation of Global Warming While the global warming debate may continue to rage in Congress and political circles, the D.C. Circuit probably has laid it to rest at present for purposes of the executive and judicial branches. In an unusual per curiam…more Clean Air Act, Climate Change, EPA, Greenhouse Gas Emissions	See All Updates »
Jeffrey F. Boothe	MAP-21: What Business Members Need To Know Originally published in Business In Motion, October 2012. More than thirty-three months late, Congress adopted a two-year surface transportation bill, Moving Ahead for Progress for the 21st Century (MAP-21). While funding…more MAP-21, Surface Transportation, Surface Transportation Board	See All Updates »
Thomas Brooke	ICANN's Trademark Clearinghouse Set to Launch on March 26, 2013 The Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit corporation responsible for managing the domain name system, is evaluating more than 1,900 applied-for generic top-level domains (gTLDs), such as…more gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
John L. Brownlee	Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds After two years of deliberation, the U.S. Second Circuit Court of Appeals has finally issued its decision in United States v. Caronia, holding that the government cannot prosecute pharmaceutical manufacturers or their…more Caronia, Commercial Speech, FDCA, First Amendment, Free Speech	See All Updates »
Mark E. Burkland	Seventh Circuit Ruling Could Affect How Municipalities Use Driver Information The U.S. Court of Appeals for the Seventh Circuit has ruled that the inclusion of certain personal information on a parking ticket that is placed on the offending vehicle could violate the federal Driver’s Privacy Protection…more DPPA, Parking Tickets, Persona, Personally Identifiable Information	See All Updates »
Sarah S. Butters	January 31 Deadline to Transfer IRA Funds to Charities and Have It Count for 2012 The American Taxpayer Relief Act of 2012 (the "Act") extends for two more years — 2012 and 2013 — a popular provision that enables an IRA owner to make gifts to charity directly from his or her IRA account without causing the…more American Taxpayer Relief Act, Income Taxes, IRA, Qualified Charitable Distributions	See All Updates »
John Canale	Amendments to California False Claims Act Expand Potential Exposure to Government Investigations and Litigation On September 27, 2012, Governor Jerry Brown signed into law Assembly Bill 2492 (AB 2492), which amends the California False Claims Act (CFCA). These amendments closely align the CFCA with the federal False Claims Act (FFCA). The…more Attorney Generals, Compliance, False Claims Act, FERA, Whistleblowers	See All Updates »
Christopher W. Carmichael	Lenders Must Comply with New Foreclosure Requirements in Illinois Courts Mortgage lenders in Illinois are required to use the judicial process to obtain collateral and enter deficiency judgments against borrowers. In February 2013, Illinois crafted two new rules adding additional requirements to the…more Collateral, Deficiency Judgments, Foreclosure, Lenders, Mortgages	See All Updates »
Kimberly Case	2013 Florida Legislative Session Recap Prior to the start of the 2013 Florida legislative session, President Gaetz and Speaker Weatherford outlined a joint agenda that included tackling ethics, elections, campaign finance, state pensions and higher education. The…more New Legislation, Proposed Legislation, State Budgets	See All Updates »
J. Michael Cavanaugh	Federal Maritime Commission Proposes New Rules for Ocean Transportation Intermediaries On May 31, 2013, the United States Federal Maritime Commission (FMC) issued a wide-ranging proposed rulemaking significantly affecting the licensing, financial responsibility and duties of Ocean Transportation Intermediaries…more	See All Updates »
Jennifer Christopher	Appropriations Hearing on the Bureau of Indian Affairs/Indian Health Service Budget Request On April 24 at 9:30 a.m. and 1:00 p.m., and on April 25 at 9:30 p.m., the House Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold three separate American Indian and Alaska Native Public and…more Native American Issues, Testimony	See All Updates »
Aaron M. Cohn	Foreclosure Law – A Brief Overview Of California's One Action Rule And Anti-Deficiency Provisions California’s one-action rule and anti-deficiency provisions (together, the "anti-deficiency provisions") protect borrowers that have defaulted on debt secured by real property. Those provisions limit the remedies available to…more Anti-Deficiency Provisions, Foreclosure, One-Action Rule	See All Updates »
Jerald Cohn	New Maryland Law Provides Indemnity Deeds of Trust (IDOT) Relief Maryland Governor Martin O'Malley has signed a law that brings significant changes to how recordation tax will be imposed on the refinancing of commercial property and on the modification of existing indemnity deeds of trust…more Commercial Loans, IDOT, Tax Exemptions	See All Updates »
Louis Conti	Florida Enacts a New Revised Limited Liability Company Act On May 3, 2013, as the last act of the 2013 Florida Legislature, the House passed into law the new Florida Revised Limited Liability Company Act (the "New LLC Act") in the form of Senate Bill 1300, and as amended, House Bill…more Amended Legislation, LLC, New Legislation, RULLCA	See All Updates »
Christopher G. Cwalina	FTC Publishes New Privacy Guidelines for Mobile Apps The Federal Trade Commission (FTC) released guidelines to assist mobile app developers to comply with truth-in-advertising and basic privacy principles when marketing new mobile apps…more Advertising, Data Collection, Data Protection, False Advertising, Mobile Apps	See All Updates »
Marlo M. Del Percio	Local Government: Illinois Open Meetings Act Update With the enactment of P.A. 097-0827 and a recently issued binding Attorney General Opinion, July has been a busy month for the Illinois Open Meetings Act, 5 ILCS 120/1, et seq…more Open Meetings Act	See All Updates »
Alissa M. Del Riego	New York District Court Limits the Applicability of the PSLRA's Safe Harbor A U.S. District Court for the Southern District of New York recently found that a company that had provided lower earnings guidance in its statements to the public than its results from the previous year was not protected by the…more Fashion Design, PSLRA, Safe Harbors	See All Updates »
Christopher DeLacy	U.S. Attorney Seeks $33 Million Lobbying Disclosure Act Penalty The U.S. Attorney's Office for the District of Columbia filed a complaint on June 7, 2013, seeking up to $33 million in fines against a consulting firm for violations of the Lobbying Disclosure Act of 1995 (LDA), as amended. It…more Compliance, Disclosure Requirements, DOJ, Fines, Lobbying	See All Updates »
Randolph A. DelFranco	Expanded Tribal Bond-Issuing Authority: IRS Issues New Guidelines on Tribal Economic Development Bonds On July 16, 2012, the IRS released Notice 2012-48, which solicits applications for the allocation of available amounts of national bond issuance authority limitation (volume cap) for Tribal Economic Development Bonds (TEDBs)…more IRS, Tribal Economic Development Bonds	See All Updates »
William B. deMeza Jr.	"Hey, Take It Outside!" — Politics in the Workplace Everyone has experienced "workplace politics" (in which Type A employees claw their way to the top while attempting to crush or humiliate coworkers) as well as "politics in the workplace" (in which employees argue about…more Discrimination, NLRA, NLRB, Political Expression	See All Updates »
John Dierking	FTC Announces 2013 Hart-Scott-Rodino Threshold Revisions The Federal Trade Commission (FTC) has announced its annual revision to the thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will apply to all transactions closing on or after February 11,…more DOJ, Filing Fees, FTC, Hart-Scott-Rodino Act, Penalties	See All Updates »
Brian Doyle	Deadline Approaches for Gainful Employment Disclosures Institutions of higher education that receive Title IV funding must properly disclose certain information concerning course offerings that are or may be considered gainful employment programs by the U.S. Department of Education…more Department of Education, Disclosure Requirements, Funding, Gainful Employment, Higher Education Act	See All Updates »
Amy L. Edwards	D.C. Seeks to Finalize Rules Aimed at Preventing and Eliminating Lead Hazards For several years, the District of Columbia has been working toward regulations designed to prevent and eliminate lead hazards. It came one step closer on April 26, 2013, when the District's Department of the Environment (DDOE)…more Hazardous Substances, Lead, Proposed Regulation, Rulemaking Process	See All Updates »
Carrie Eisnaugle	Division of Corporation Finance Posts Slides Discussing Common Financial Reporting Issues for Smaller Companies The Division of Corporation Finance (the "division") of the United States Securities and Exchange Commission (SEC) recently posted slides from an annual presentation at the Forum on Auditing in the Small Business Environment…more Disclosure Requirements, Financial Reporting, PCAOB, Reporting Requirements, SEC	See All Updates »
Terry L. Elling	Sequestration Tango: Taking Steps to Assess Risk and Mitigate Impacts Many federal contractors and subcontractors are in store for a bumpy ride. On March 1, 2013, sequestration went into effect, requiring the federal government to cancel $85 billion in budgetary resources between now and September…more Contractors, OMB, Risk Assessment, Sequestr, Spending Cuts	See All Updates »
Jonathan M. Epstein	Expanded U.S. Sanctions on Iran Effective July 1, 2013 President Obama has issued a new Executive Order that goes into effect July 1, 2013. The Executive Order targets new areas of the Iranian economy for sanctions, including exchange transactions involving Iranian Rials and Iran’s…more Barack Obama, Executive Orders, IFCA, Iran Sanctions, Middle East	See All Updates »
Vince Farhat	Amendments to California False Claims Act Expand Potential Exposure to Government Investigations and Litigation On September 27, 2012, Governor Jerry Brown signed into law Assembly Bill 2492 (AB 2492), which amends the California False Claims Act (CFCA). These amendments closely align the CFCA with the federal False Claims Act (FFCA). The…more Attorney Generals, Compliance, False Claims Act, FERA, Whistleblowers	See All Updates »
Cheryl Ann Feeley	Judge Dismisses "Fun Center" Defamation Lawsuit A Tallahassee, Fla., trial court has thrown out a defamation suit against a television station, filed by an amusement center concerning reports about a police investigation…more Defamation, Pre-Suit Notice, Television Broadcast Stations	See All Updates »
Gina A. Fonte	Criteria For Choosing Between ConsensusDOCS And AIA Bond Forms Since first being introduced in 2007, ConsensusDOCS forms have become increasingly popular and along with the AIA forms are becoming industry standard. The organizations that endorsed the ConsensusDOCS devoted untold hours to…more American Institute of Architects, ConsensusDOCS, Payment Bonds, Performance Bonds	See All Updates »
Loren Lee Forrest Jr.	President's Appointments to the NLRB Vacated, 2012 Board Decisions in Jeopardy Earlier today, the U.S. Court of Appeals for the District of Columbia vacated President Obama's recess appointments to the National Labor Relations Board. The three-judge panel from the D.C. Circuit held that the president could…more Barack Obama, Canning v NLRB, NLRB, Pro Forma Sessions, Recess Appointments	See All Updates »
Michael J. Frevola	Federal Appellate Court Finds Key U.S. Discovery Tool Can Be Used to Aid Foreign Arbitrations The Eleventh Circuit, the federal appellate court for the southeast region of the U.S. including Florida, in In re Consorcio Ecuatoriano de Telecomunicaciones S.A., recently decided a case with broad implications for foreign…more 28 U.S.C. §1782, Discovery, Foreign Jurisdictions, International Arbitration, Tribunals	See All Updates »
Daniel S. "Dan" Fridman	How To Protect Yourself From Identity Theft This year, I have heard from an increasing number of clients, colleagues and family members wanting advice on how to proactively protect themselves from becoming identity theft victims. Having been through my own personal…more Identity Theft	See All Updates »
Edward Frischling	New York City’s New Far-Reaching "Unemployment" Discrimination Law On June 11, 2013, New York City will join New Jersey, Oregon and Washington D.C. as one of the few jurisdictions with legislation prohibiting discrimination against unemployed job applicants. Passed by the New York City Council…more Discrimination, Hiring & Firing, Job Applicants, Local Ordinance, Municipalities	See All Updates »
Michael M. Gaba	FDA Holds Public Meeting in Effort to Better Regulate Pharmaceutical Compounding On December 19, 2012, the U.S. Food and Drug Administration (FDA) held a public meeting, broadcast live on the Internet, to discuss the respective roles of the federal and state governments in regulating pharmacy compounding…more Drug Compounding, FDA, Pharmacies	See All Updates »
George Gabel	Florida Judge Quashes Subpoena in Political Taping Case In a criminal case arising from the secret recording of a private conversation, Florida prosecutors issued a subpoena to compel a news reporter to testify in a case against a former aide to Lt. Gov. Jennifer Carroll. The…more Absolute Privilege, First Amendment, Journalists, Motions to Quash, Subpoenas	See All Updates »
Jerrold Ganzfried	U.S. Supreme Court Reaffirms Settled Precedent for Regulating Transfers of Water Through Stormwater Systems and Other Water Infrastructure On January 8, 2013, the U.S. Supreme Court unanimously overturned a judgment of the U.S. Court of Appeals for the Ninth Circuit that would have had vast consequences for stormwater systems and other water infrastructure across…more Clean Water Act, Dams, Discharge of Pollutants, Hydro Issues, Los Angeles County Flood Control District	See All Updates »
Steven Gillman	Employer Wellness Programs: Final Rules Issued Under the Affordable Care Act Final regulations for wellness programs have been issued to help employers encourage healthier behaviors among their employees…more ADA, Affordable Care Act, DOL, Final Rules, GINA	See All Updates »
Alexander Ginsberg	National Defense Authorization Act of 2013 Includes Significant Small Business-Related Provisions The National Defense Authorization Act of 2013 (“NDAA”), which the President signed into law on January 3, 2013, includes significant reforms to the rules for contracting with small businesses…more In-Sourcing, Mentor-Protege Program, NDAA, Safe Harbors, SBA	See All Updates »
David Glynn	Is Filling an Off-Label Prescription an Invitation to False Claims Act Liability? On May 17, 2013, the U.S. District Court for the Northern District of Georgia issued an order that joins an unsettling line of decisions suggesting that before filling prescriptions, pharmacies must serve as the arbiters of…more False Claims Act, Healthcare Professionals, Medicare, Medicare Part D, Off-Label Promotion	See All Updates »
Luis Gonzalez	Perfecting a Lien on a Florida Liquor License The economy continues to improve, albeit slowly. With improving market conditions comes the opportunity for hospitality businesses, such as restaurants, bars, nightclubs and liquor stores, to emerge and grow. These new and…more AB Licenses, Borrowers, Creditors, Due Diligence, Hospitality Industry	See All Updates »
Steven D. Gordon	D.C. Circuit Invalidates Lengthy Exclusion A recent decision by the D.C. Circuit underscores the large amount of discretion that federal agencies have in determining the length of a debarment or exclusion imposed on a government contractor or program participant…more EPLS, Kathleen Sebelius, Pharmaceutical, Suspensions & Debarments	See All Updates »
William F. Gould	Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds After two years of deliberation, the U.S. Second Circuit Court of Appeals has finally issued its decision in United States v. Caronia, holding that the government cannot prosecute pharmaceutical manufacturers or their…more Caronia, Commercial Speech, FDCA, First Amendment, Free Speech	See All Updates »
Laurie L. Green	NASDAQ Withdraws Rule Proposal That Would Have Required Listed Companies to Have an Internal Audit Function As discussed in our March 18, 2013 issue of Securities and Financial News to Note, on February 20, 2013, the NASDAQ Stock Market (NASDAQ) filed with the SEC a proposed rule change to require that listed companies establish and…more Internal Audit Functions, Nasdaq, Proposed Regulation, SEC, Third-Party	See All Updates »
Deborah S. Griffin	Criteria For Choosing Between ConsensusDOCS And AIA Bond Forms Since first being introduced in 2007, ConsensusDOCS forms have become increasingly popular and along with the AIA forms are becoming industry standard. The organizations that endorsed the ConsensusDOCS devoted untold hours to…more American Institute of Architects, ConsensusDOCS, Payment Bonds, Performance Bonds	See All Updates »
Anthony Ten Haagen	Physician-Owned Device Companies: OIG Issues Further Guidance The Office of the Inspector General for the United States Department of Health and Human Services (OIG) issued a Special Fraud Alert on March 26, 2013 (the "2013 POD alert"), that identifies physician-owned distributorships and…more Anti-Kickback Statute, Fraud, Healthcare, Medical Devices, OIG	See All Updates »
Gregory R. "Greg" Hallmark	ASBCA Rejects DCAA's Methodology for Determining Reasonableness of Executive Compensation A defense contractor recently won a rare victory over the Defense Contract Audit Agency (“DCAA”) in the highly contentious struggle over the allowability of executive compensation costs…more DCAA, Executive Compensation	See All Updates »
Farid Hekmat	Federal Maritime Commission Proposes New Rules for Ocean Transportation Intermediaries On May 31, 2013, the United States Federal Maritime Commission (FMC) issued a wide-ranging proposed rulemaking significantly affecting the licensing, financial responsibility and duties of Ocean Transportation Intermediaries…more	See All Updates »
Jennifer L. Hernandez	Judicial Review Of CEQA Categorical Exemptions From 1997-Present This report reviews all California Court of Appeal and Supreme Court decisions that have analyzed categorical exemptions under the California Environmental Quality Act (CEQA) from 1997 through the present. This research was…more Categorical Exemptions, CEQA, Exemptions	See All Updates »
Robert Thomas "Bob" Hicks	Virginia Supreme Court Awards Lost Profits for Breach of Non-Compete Provision in Government Subcontract For the first time, the Supreme Court of Virginia has provided specific guidance on how to calculate damages for the breach of a non-compete/exclusivity provisions of a contract where the breach resulted in the loss of a…more Accenture, Damages, Defense Logistics Agency, GP Consulting, Non-Compete Agreements	See All Updates »
James Hohenstein	Federal Appellate Court Finds Key U.S. Discovery Tool Can Be Used to Aid Foreign Arbitrations The Eleventh Circuit, the federal appellate court for the southeast region of the U.S. including Florida, in In re Consorcio Ecuatoriano de Telecomunicaciones S.A., recently decided a case with broad implications for foreign…more 28 U.S.C. §1782, Discovery, Foreign Jurisdictions, International Arbitration, Tribunals	See All Updates »
Chester Hooper	Supreme Court Issues New "Reasonable Observer" Test on What Constitutes a Vessel In Lozman v. City of Riviera Beach, Florida, No. 11-626 (January 15, 2013), the U.S. Supreme Court "reformulated" the definition of "vessel." It explained that an objective test, which looks to the physical characteristics of a…more Reasonable Observer Test, SCOTUS, Vessels	See All Updates »
Joseph P. Hornyak	National Defense Authorization Act of 2013 Includes Significant Small Business-Related Provisions The National Defense Authorization Act of 2013 (“NDAA”), which the President signed into law on January 3, 2013, includes significant reforms to the rules for contracting with small businesses…more In-Sourcing, Mentor-Protege Program, NDAA, Safe Harbors, SBA	See All Updates »
Stephen J. Humes	Legal Duties To Avert, Mitigate, And Recover From Cyber Attacks On The Grid Introduction. In this brief essay, we have two objectives: first, to provide a glimpse at the complexities that will be faced by electric power utilities, wholesale power generators, power grid operators and their customers if…more Board of Directors, Cyber Attacks, Cybersecurity, Electricity, FERC	See All Updates »
John S. Irving IV	U.S. Attorney Seeks $33 Million Lobbying Disclosure Act Penalty The U.S. Attorney's Office for the District of Columbia filed a complaint on June 7, 2013, seeking up to $33 million in fines against a consulting firm for violations of the Lobbying Disclosure Act of 1995 (LDA), as amended. It…more Compliance, Disclosure Requirements, DOJ, Fines, Lobbying	See All Updates »
Kenneth A. Jenero	Healthcare Provider Does Not Have OFCCP Affirmative Action Obligations Arising Out of TRICARE On October 19, 2012, the Department of Labor's Administrative Review Board concluded that Florida Hospital of Orlando did not have federal contractor affirmative action obligations arising out of its participation in TRICARE…more Affirmative Action, Hospitals, Jurisdiction, NDAA, OFCCP	See All Updates »
Lauren Jenkins	Estate Planning with Portability: Not a Panacea When Congress resolved the fiscal cliff crisis early this year, it brought permanence to estate, gift and generation-skipping transfer tax laws that had been in flux for over a decade. In short, the American Taxpayer Relief Act…more American Taxpayer Relief Act, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer, Gift-Tax Exemption	See All Updates »
Adolfo Jimenez	Florida Supreme Court Limits Application of the Economic Loss Rule to Product Liability Cases Earlier today, the Florida Supreme Court published an important decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et al., No. SC10-1022 (March 7, 2013). The case was before the court on a…more Economic Damages, Economic Loss Doctrine, Insurers	See All Updates »
Jason P. Juall	NYSE Issues Guidance on Use of Social Media as a Disclosure Tool On April 2, 2013, the SEC issued a report and press release making it clear that companies are permitted to use social media outlets to disclose information in compliance with Regulation FD. More on the SEC's report and press…more Disclosure Requirements, NYSE, Regulation FD, SEC, Social Media	See All Updates »
Jody Keeling	PCAOB Reproposes Auditing Standard and Amendments On May 7, 2013, the PCAOB reproposed for comment: (1) an auditing standard on related parties; (2) proposed amendments to certain PCAOB auditing standards regarding significant unusual transactions; and (3) other proposed…more Audits, PCAOB, Proposed Amendments, Public Comment, Risk Assessment	See All Updates »
Francis L. Keldermans	Lenders Must Comply with New Foreclosure Requirements in Illinois Courts Mortgage lenders in Illinois are required to use the judicial process to obtain collateral and enter deficiency judgments against borrowers. In February 2013, Illinois crafted two new rules adding additional requirements to the…more Collateral, Deficiency Judgments, Foreclosure, Lenders, Mortgages	See All Updates »
Allison Kernisky	Company's Forward-Looking Statements Protected by the PSLRA's Safe Harbor On January 2, 2013, the U.S. District Court for the Southern District of New York dismissed a securities class action complaint filed against an online provider of medical information and three of its directors and officers,…more Class Action, PSLRA, Rule 10b-5, Safe Harbors, Securities Exchange Act	See All Updates »
Ronald J. Klein	New Conflict-Minerals Disclosure Rules Impact U.S. and Foreign Companies Using or Supplying Minerals The Securities and Exchange Commission (SEC) recently approved the much debated "conflict minerals" due diligence disclosure rules originally developed in the Dodd-Frank Wall Street Reform Act of 2010. The rules, which were…more Conflict Mineral Rules, Dodd-Frank, SEC, Transparency in Supply Chains Act	See All Updates »
Jason Klitenic	White House Issues Cybersecurity Executive Order The long-awaited cybersecurity executive order (EO), which will ultimately establish national cybersecurity standards for critical infrastructure, was issued by President Obama on February 12, 2013. At the same time, the White…more Barack Obama, Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, DHS	See All Updates »
Edward F. "Ed" Koren	The American Taxpayer Relief Act of 2012: What It Means for You In the final hour of January 1, 2013, Congress passed The American Taxpayer Relief Act of 2012 (the "Act"), which in part addressed the dramatic sunset of favorable federal estate, gift and generation-skipping tax exemption…more American Taxpayer Relief Act, Capital Gains, Dividends, Estate Tax, Fiscal Cliff	See All Updates »
Kelly Krystyniak	Agency Waives OCI on 97th Day of GAO Protest Calendar, Thwarts Protester Victory On January 30, 2013, the Government Accountability Office (“GAO”) published a bid protest decision which should serve to remind government contractors and enthusiasts of the sometimes surprising discretion left to agencies in…more AT&T Government Solutions, Bid Protests, Federal Acquisition Regulations, GAO, Marine Corps	See All Updates »
Elizabeth Lake	Integrating NEPA and NHPA Section 106 Reviews: New Guidance Document Provides Useful Advice, But Leaves Some Questions Unanswered The Council on Environmental Quality (CEQ), as part of its effort to modernize and reinvigorate the National Environmental Policy Act (NEPA), released two handbooks on March 5, 2013, that provide regulatory guidance to…more	See All Updates »
Paul G. Lannon	Massachusetts Employers May Be Liable to Out-of-State Employees Misclassified as Independent Contractors Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as…more Employer Liability Issues, Independent Contractors, Misclassification, Unpaid Overtime, Unpaid Wages	See All Updates »
Paul S. Lawler	Shareholder Proposals: "Proxy Proposals by Proxy" Excluded in Federal Court A judge in the Federal District Court from the Southern District of Texas recently granted summary judgment to a company in a suit seeking declaratory judgment to permit the company to exclude John Chevedden's shareholder…more Proxy Statements, SEC, Shareholders, Summary Judgment	See All Updates »
Bill LeBeau	FCC Approves Five Multipurpose Waivers of New Accessibility Rules In the first action of its kind, the Federal Communications Commission has approved, in part, five class waivers of its new accessibility rules for advanced communications services ("ACS"), which were adopted last October (the…more Accessibility Rules, ACS, CVAA, FCC, Multipurpose Waivers	See All Updates »
Thomas R. Leffler	SOX Section 304 Clawback Suit Against Former Executives Not Charged with Personal Misconduct Survives Motion to Dismiss On November 13, 2012, a federal district court in Austin, Texas, denied a motion to dismiss in the Securities and Exchange Commission's (SEC) Sarbanes-Oxley Act (SOX) Section 304 clawback suit against two former executives of a…more Clawbacks, Sarbanes-Oxley, SEC, Section 304	See All Updates »
Summer Ayers LePree	Post-Fiscal Cliff: What the New American Taxpayer Relief Act Does and Does Not Do At midnight on December 31, 2012, the United States briefly fell off of the much-anticipated and highly publicized "fiscal cliff," with income tax rates rising on most taxpayers and a host of substantial spending cuts affecting…more Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Dividends, Estate Tax	See All Updates »
Shari Levitan	The American Taxpayer Relief Act of 2012: What It Means for You In the final hour of January 1, 2013, Congress passed The American Taxpayer Relief Act of 2012 (the "Act"), which in part addressed the dramatic sunset of favorable federal estate, gift and generation-skipping tax exemption…more American Taxpayer Relief Act, Capital Gains, Dividends, Estate Tax, Fiscal Cliff	See All Updates »
Lawrence R. Liebesman	Stormwater Alert: Maryland Fee Program About to Become a Reality The so called "rain tax" is about to hit property owners in Maryland. In April 2012, the Maryland General Assembly enacted a law — known as HB 987 — that requires each of the 10 most populous jurisdictions in Maryland to…more Clean Water Act, EPA, Fees, New Legislation, Rehabilitation and Restoration Plans	See All Updates »
Richard Liskov	Auditing the Adults: U.S. Insurance Regulators' Increased Focus on Non-Insurer Parents Originally published in LIMRA Regulatory Review on 1/2013 If there is one change in U.S. insurance regulation that directly resulted from the financial crisis of 2008, it is the expansion of regulatory oversight of the…more Affiliates, Audits, Compliance, Confidentiality, Enterprise Risks	See All Updates »
Chelsea MacLean	CEQA Streamlining Under California Bay Area's "Plan Bay Area" On March 2, 2013, the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) released the Draft Plan Bay Area (Plan), the California Bay Area's first integrated land use, housing and…more CEQA, PDA, Sustainable Communities Strategy	See All Updates »
Ieuan G. Mahony	Fair Use and the Digital Campus: Court Says University Doesn’t Need Permission from Publishers to Give Students Course Packs Via E-Reserve System Classroom interests and publishing house interests often conflict with respect to access to educational content. Educational institutions (among others) support open or low-cost access to this content, citing the value of…more Cambridge University Press, Copyright, Fair Use, Royalties	See All Updates »
David Mann	Advanced Energy Manufacturing Tax Credits Available The Department of Energy and Department of Treasury announced on February 7, 2013, that they have $150 million in leftover/returned tax credits available for Clean Energy Manufacturers under the Section 48C Advanced Energy…more American Taxpayer Relief Act, Clean Energy, Department of Energy, Manufacturers, Renewable Energy	See All Updates »
Nicole M. Maron	Division of Corporation Finance Releases New CDIs The SEC recently released new Compliance and Disclosure Interpretations (CDIs) on a variety of topics under the Securities Act, the Exchange Act and Regulation S-K. A brief summary of some of these new CDIs is presented below…more Compliance, Disclosure Requirements, Executive Compensation, Regulation S-K, Rule 144A	See All Updates »
Katherine H. Marques	SOX Whistleblower Protection Expanded by a Federal Appeals Court A federal appeals court recently made it substantially easier for plaintiffs to assert claims that they were fired for "whistleblowing" activity protected by the Sarbanes-Oxley Act ("SOX"). In Wiest v. Lynch, 2013 WL 1111784 (3d…more Misrepresentation, Publicly-Traded Companies, Sarbanes-Oxley, Shareholders, Whistleblower Protection Policies	See All Updates »
Bob Martinez	2013 Florida Legislative Session Recap Prior to the start of the 2013 Florida legislative session, President Gaetz and Speaker Weatherford outlined a joint agenda that included tackling ethics, elections, campaign finance, state pensions and higher education. The…more New Legislation, Proposed Legislation, State Budgets	See All Updates »
Daniel E. Martinez	New ITIN Procedures Complicate U.S. Tax Compliance On June 22, 2012, the IRS announced interim changes, including more stringent requirements, to its procedures for issuing new individual taxpayer identification numbers (ITINs). ITINs are nine-digit numbers issued for tax…more Foreign Taxpayers, IRS, ITIN	See All Updates »
Paolo Mastrangelo	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, Dodd-Frank, SEC, Transparency in Supply Chains Act	See All Updates »
Miriam McKendall	$41.7 Million Jury Verdict Against School Triggers Scrutiny of Travel Abroad Programs The $41.7 million jury verdict last week against The Hotchkiss School in Lakeville, Connecticut sent shock waves through the independent school community. A 15-year-old Hotchkiss student suffered insect bites on a…more Jury Verdicts, School Safety, Travel	See All Updates »
Charles McLaurin	Fair Use and the Digital Campus: Court Says University Doesn’t Need Permission from Publishers to Give Students Course Packs Via E-Reserve System Classroom interests and publishing house interests often conflict with respect to access to educational content. Educational institutions (among others) support open or low-cost access to this content, citing the value of…more Cambridge University Press, Copyright, Fair Use, Royalties	See All Updates »
Matthew Mears	Florida Judge Quashes Subpoena in Political Taping Case In a criminal case arising from the secret recording of a private conversation, Florida prosecutors issued a subpoena to compel a news reporter to testify in a case against a former aide to Lt. Gov. Jennifer Carroll. The…more Absolute Privilege, First Amendment, Journalists, Motions to Quash, Subpoenas	See All Updates »
James W. Michalski	California Supreme Court Issues Mixed Decision in Mixed-Motive FEHA Employment Discrimination Case The California Supreme Court's recent decision in a closely watched Fair Employment and Housing Act (FEHA) case should be of interest to employers around the country, even though — or perhaps because — it does not provide an…more But For Causation, Discrimination, FEHA, Jury Instructions, Mixed Motive Cases	See All Updates »
Matthew Mitchell	Massachusetts Employers May Be Liable to Out-of-State Employees Misclassified as Independent Contractors Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as…more Employer Liability Issues, Independent Contractors, Misclassification, Unpaid Overtime, Unpaid Wages	See All Updates »
Jeffrey W. Mittleman	CMS Issues Final Rule on Medical Loss Ratio for Medicare Advantage and Part D On May 23, 2013, CMS issued its Final Rule on Medical Loss Ratio (MLR) requirements for Medicare Advantage (MA) and Medicare Part D programs. MLR calculates the percentage of revenue used by MA organizations and Part D sponsors…more CMS, Medical Loss Ratio, Medicare, Medicare Advantage, Medicare Part D	See All Updates »
Amanda J. Monchamp	Judicial Review Of CEQA Categorical Exemptions From 1997-Present This report reviews all California Court of Appeal and Supreme Court decisions that have analyzed categorical exemptions under the California Environmental Quality Act (CEQA) from 1997 through the present. This research was…more Categorical Exemptions, CEQA, Exemptions	See All Updates »
Thomas F. Morante	Auditing the Adults: U.S. Insurance Regulators' Increased Focus on Non-Insurer Parents Originally published in LIMRA Regulatory Review on 1/2013 If there is one change in U.S. insurance regulation that directly resulted from the financial crisis of 2008, it is the expansion of regulatory oversight of the…more Affiliates, Audits, Compliance, Confidentiality, Enterprise Risks	See All Updates »
Christopher A. Myers	Sixth Circuit Overturns False Claims Act Judgment Based on Ambiguous Regulations Where Provider Made Reasonable Attempts to Comply The U.S. Court of Appeals for the Sixth Circuit has reversed a summary judgment that held a business liable for violating the False Claims Act by using regulatory loopholes to maximize profits under the Medicare program. In the…more False Claims Act, Medicare	See All Updates »
Tracy A. Nichols	Court Holds the Chancery Court's Nonpublic Arbitrations Violate the First Amendment In April 2009, the Delaware General Assembly amended the rules governing disputes in the Court of Chancery to give the court power to arbitrate business disputes before a member of the Court of Chancery. The arbitration required…more Arbitration, First Amendment	See All Updates »
Kathleen M. Nilles	Tax-Exempt Financing Provisions on the Table as Congress Considers Tax Reform Recent legislative discussions concerning tax reform have included the potential elimination of several federal provisions long considered sacred to state and local governments and untouchable by federal policymakers. Those…more Barack Obama, Itemized Deductions, Municipal Bonds, State and Local Government, Tax Exemptions	See All Updates »
Christopher R. Nolan	Supreme Court Issues New "Reasonable Observer" Test on What Constitutes a Vessel In Lozman v. City of Riviera Beach, Florida, No. 11-626 (January 15, 2013), the U.S. Supreme Court "reformulated" the definition of "vessel." It explained that an objective test, which looks to the physical characteristics of a…more Reasonable Observer Test, SCOTUS, Vessels	See All Updates »
James M. Norman	Hotel Owner/Operator Disputes: To Mediate or Not to Mediate That is the question. The answer is really more about how to mediate, rather than whether to mediate. It’s also about when to mediate..…more Hotels, Mediation	See All Updates »
Abigail O'Conner	The American Taxpayer Relief Act of 2012: What It Means for You In the final hour of January 1, 2013, Congress passed The American Taxpayer Relief Act of 2012 (the "Act"), which in part addressed the dramatic sunset of favorable federal estate, gift and generation-skipping tax exemption…more American Taxpayer Relief Act, Capital Gains, Dividends, Estate Tax, Fiscal Cliff	See All Updates »
Ronald A. Oleynik	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, Dodd-Frank, SEC, Transparency in Supply Chains Act	See All Updates »
Amanda Orcutt	$41.7 Million Jury Verdict Against School Triggers Scrutiny of Travel Abroad Programs The $41.7 million jury verdict last week against The Hotchkiss School in Lakeville, Connecticut sent shock waves through the independent school community. A 15-year-old Hotchkiss student suffered insect bites on a…more Jury Verdicts, School Safety, Travel	See All Updates »
Kenneth W. Parsons	Tax-Exempt Financing Provisions on the Table as Congress Considers Tax Reform Recent legislative discussions concerning tax reform have included the potential elimination of several federal provisions long considered sacred to state and local governments and untouchable by federal policymakers. Those…more Barack Obama, Itemized Deductions, Municipal Bonds, State and Local Government, Tax Exemptions	See All Updates »
Victor Perez	New ITIN Procedures Complicate U.S. Tax Compliance On June 22, 2012, the IRS announced interim changes, including more stringent requirements, to its procedures for issuing new individual taxpayer identification numbers (ITINs). ITINs are nine-digit numbers issued for tax…more Foreign Taxpayers, IRS, ITIN	See All Updates »
Scott D. Ponce	Media Coalition Secures Access to George Zimmerman's Prosecution in Trayvon Martin Shooting A coalition of 17 media organizations — representing many of the major television networks and national and state newspapers — has successfully opposed five separate efforts by prosecutors and defense lawyers to block public…more George Zimmerman, Media Access, Trayvon Martin Shooting	See All Updates »
Harold Potter	$41.7 Million Jury Verdict Against School Triggers Scrutiny of Travel Abroad Programs The $41.7 million jury verdict last week against The Hotchkiss School in Lakeville, Connecticut sent shock waves through the independent school community. A 15-year-old Hotchkiss student suffered insect bites on a…more Jury Verdicts, School Safety, Travel	See All Updates »
Spencer Potter	California Court of Appeal Affirms Deferential CEQA Substantial Evidence Standard On May 21, 2013, the California First District Court of Appeal certified for publication North Coast Rivers Alliance v. Marin Municipal Water District, an important CEQA opinion that affirms a highly deferential interpretation…more Abuse of Discretion, CEQA, Environmental Impact Report, Evidence, Substantial Evidence Standard	See All Updates »
James Ramsey	Newly Enacted Legislation Rewrites Florida's Rules on Individual Design Professional Liability A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state…more Amended Legislation, Designer Professionals' Liability, Negligence, New Legislation, Service Contracts	See All Updates »
Clare Connor Ranalli	Proposed TEST Act May Provide Greater Flexibility to CMS Since its enactment in 1992, the Certified Laboratory Improvement Amendments (CLIA) have imposed severe sanctions for the referral of a proficiency testing (PT) sample to an outside laboratory. PT is a test sent to a laboratory…more CLIA, CMS, Proficiency Testing, TEST Act	See All Updates »
Richard Raysman	App Developer Settles FCRA Charges Over Provision of Criminal Background Reports Earlier this year, an enterprise that sold criminal record reports via mobile apps agreed to settle FTC charges that it operated as a consumer reporting agency without taking consumer protection measures required by the Fair…more	See All Updates »
Michael D. Redondo	Delaware Chancery Court Expands Number of Direct Claims Available to Stockholders On March 15, 2013, the Delaware Court of Chancery denied motions to dismiss filed by a group of director defendants and certain affiliated funds for claims brought by a group of stockholders. The claims allege that the…more Board of Directors, Derivative Suit, Dilution, Fiduciary Duty, Preferred Shares	See All Updates »
Marc S. Reisler	Online Browsewrap Agreement Unenforceable Due to Lack of Notice, Illusory Terms In In re Zappos.com, Inc., 2012 WL 4466660 (D. Nev. Sept. 27, 2012), a Nevada district court ruled that an arbitration clause contained in a browsewrap agreement that could be accessed via an inconspicuous link buried near the…more Arbitration Agreements, Browsewrap Agreement, Data Protection, Internet, Overstock	See All Updates »
William Rich	Estate Planning with Portability: Not a Panacea When Congress resolved the fiscal cliff crisis early this year, it brought permanence to estate, gift and generation-skipping transfer tax laws that had been in flux for over a decade. In short, the American Taxpayer Relief Act…more American Taxpayer Relief Act, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer, Gift-Tax Exemption	See All Updates »
Joel Edward Roberson	White House Issues Cybersecurity Executive Order The long-awaited cybersecurity executive order (EO), which will ultimately establish national cybersecurity standards for critical infrastructure, was issued by President Obama on February 12, 2013. At the same time, the White…more Barack Obama, Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, DHS	See All Updates »
Robert Rogers	Two Federal Cases Hold Website "Responsible" for Postings on thedirty.com Courts in Kentucky and Maryland — in a pair of cases involving the saucy website thedirty.com — have broken new ground by suggesting that website operators can waive immunity under the Communications Decency Act (CDA) for…more Defamation, thedirty.com, Third-Party, Website Owner Liability	See All Updates »
Steven B. Roosa	FTC Publishes New Privacy Guidelines for Mobile Apps The Federal Trade Commission (FTC) released guidelines to assist mobile app developers to comply with truth-in-advertising and basic privacy principles when marketing new mobile apps…more Advertising, Data Collection, Data Protection, False Advertising, Mobile Apps	See All Updates »
Shannon Hartsfield Salimone	HIPAA Happenings — The New HITECH Act Megarule Way back on February 17, 2009, Congress passed a stimulus bill that contained provisions referred to as the Health Information Technology for Economic and Clinical Health ("HITECH") Act. The HITECH Act was geared toward…more Business Associates, Covered Entities, Data Protection, Decedent Protection, Fundraisers	See All Updates »
David J. Santeusanio	NLRB’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include social media policies and…more Arbitration Agreements, Banner Health System, Collective Bargaining, Confidential Employer Investigations, D.R. Horton	See All Updates »
Louis Santiago	Under FLSA Section 203(o) Does the Term "Changing Clothes" Include the Time a Manufacturing Employee Spends Putting On and Taking Off Safety Equipment? For minimum wage and over-time purposes, Section 203(o) of the Fair Labor Standards Act (FLSA) states that "hours worked" does not include time spent "changing clothes" if that time is excluded from working time by the express…more Collective Bargaining, FLSA, Protective Gear, Safety Equipment, Sandifer v U.S. Steel Corp	See All Updates »
John Sarchio	Auditing the Adults: U.S. Insurance Regulators' Increased Focus on Non-Insurer Parents Originally published in LIMRA Regulatory Review on 1/2013 If there is one change in U.S. insurance regulation that directly resulted from the financial crisis of 2008, it is the expansion of regulatory oversight of the…more Affiliates, Audits, Compliance, Confidentiality, Enterprise Risks	See All Updates »
Edward Sarnowski	SEC Files Initial Brief in Conflict Minerals Rule Case The SEC recently filed its initial brief in the case pending in the United States Court of Appeals for the D.C. Circuit in which the National Association of Manufacturers, United States Chamber of Commerce, and Business…more Conflict Mineral Rules, Consumer Protection Act, De Minimis Claims, Dodd-Frank, First Amendment	See All Updates »
Allyson G. Saunders	Expanded Tribal Bond-Issuing Authority: IRS Issues New Guidelines on Tribal Economic Development Bonds On July 16, 2012, the IRS released Notice 2012-48, which solicits applications for the allocation of available amounts of national bond issuance authority limitation (volume cap) for Tribal Economic Development Bonds (TEDBs)…more IRS, Tribal Economic Development Bonds	See All Updates »
David I. Schneider	National Defense Authorization Act of 2013 Includes Significant Small Business-Related Provisions The National Defense Authorization Act of 2013 (“NDAA”), which the President signed into law on January 3, 2013, includes significant reforms to the rules for contracting with small businesses…more In-Sourcing, Mentor-Protege Program, NDAA, Safe Harbors, SBA	See All Updates »
Phillip Schreiber	Affordable Care Act Update On May 8, 2013, the U.S. Department of Labor (DOL) issued temporary guidance for employers to help them meet their obligations to notify employees of their health insurance exchange coverage options. State health insurance…more Affordable Care Act, COBRA, DOL, Employer Liability Issues, Health Insurance Exchanges	See All Updates »
Melanie Sengupta	Is CEQA "Fixed"- Do Infill CEQA Reforms Help Or Handicap Your Project? California's Legislature passed the California Environmental Quality Act in 1970 (Pub. Res. Code § 21000 et seq.)("CEQA") to establish a process for lead agencies to analyze and mitigate potential environmental impacts resulting…more CEQA	See All Updates »
David Shayne	Estate Planning with Portability: Not a Panacea When Congress resolved the fiscal cliff crisis early this year, it brought permanence to estate, gift and generation-skipping transfer tax laws that had been in flux for over a decade. In short, the American Taxpayer Relief Act…more American Taxpayer Relief Act, Estate Planning, Estate-Tax Exemption, Generation-Skipping Transfer, Gift-Tax Exemption	See All Updates »
Drew Shenkman	Got Privilege? Wisconsin Shield Law Tested in Raw Milk Case In the first-known application of Wisconsin's two-year-old shield law, Judge Guy Reynolds of the Sauk County Circuit Court refused a request by the state's Department of Justice to issue subpoenas to three journalists who…more Absolute Privilege, Alternative Sources, Attorney-Client Privilege, Burden of Proof, Common Law Privilege	See All Updates »
William Sherman	Post-Fiscal Cliff: What the New American Taxpayer Relief Act Does and Does Not Do At midnight on December 31, 2012, the United States briefly fell off of the much-anticipated and highly publicized "fiscal cliff," with income tax rates rising on most taxpayers and a host of substantial spending cuts affecting…more Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Dividends, Estate Tax	See All Updates »
Richard Sills	January 31 Deadline to Transfer IRA Funds to Charities and Have It Count for 2012 The American Taxpayer Relief Act of 2012 (the "Act") extends for two more years — 2012 and 2013 — a popular provision that enables an IRA owner to make gifts to charity directly from his or her IRA account without causing the…more American Taxpayer Relief Act, Income Taxes, IRA, Qualified Charitable Distributions	See All Updates »
Tracy Rachel Slavens	Permit and Development Order Extension Opportunities in Florida Two permit and development order extension opportunities are currently available as a result of the threats posed to Florida by recent tropical storm activity. Together, these extensions could mean a total of 16 to 17 months,…more Development Approval Extensions, Permits	See All Updates »
Daniel Small	Internal Investigations at Educational Institutions: 10 Key Points Knowing how to properly conduct internal investigations is becoming essential in academe. From the Freeh Report on the Penn State tragedy to more recent incidents and scandals, administrators, trustees and other leaders at…more Internal Investigations, Universities	See All Updates »
David P. Sofge	Who Are the Trolls? The September 16 delivery date for the GAO study on “non-practicing entities” (NPEs) and "patent assertion entities" (PAEs) under the America Invents Act has come and gone, and a report is now expected by November or December…more GAO, Patent Assertion Entities, Patent Trolls, Patents	See All Updates »
Howard Sokol	It’s Getting Harder to Say Goodbye The National Labor Relations Act (NLRA or Act) allows employers, including those in the construction industry, to join together to bargain with a union. This is called "multi-employer bargaining." But there are specific rules…more Collective Bargaining, Multi-Employer Bargaining, NLRA, NLRB, Repudiation	See All Updates »
Rodolfo Sorondo	Florida Supreme Court Limits Application of the Economic Loss Rule to Product Liability Cases Earlier today, the Florida Supreme Court published an important decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et al., No. SC10-1022 (March 7, 2013). The case was before the court on a…more Economic Damages, Economic Loss Doctrine, Insurers	See All Updates »
Miriam R. Sowinski	SEC Issues FAQs on Conflict Minerals and Resource Extraction On May 30, 2013 the SEC released 12 FAQs relating to disclosure regarding the use of conflict minerals, and nine FAQs relating to disclosure of payments by resource extraction issuers. Disclosure of the use of conflict minerals…more Conflict Mineral Rules, Disclosure Requirements, Form SD, Generic, IPO	See All Updates »
Michael Starr	New York City’s New Far-Reaching "Unemployment" Discrimination Law On June 11, 2013, New York City will join New Jersey, Oregon and Washington D.C. as one of the few jurisdictions with legislation prohibiting discrimination against unemployed job applicants. Passed by the New York City Council…more Discrimination, Hiring & Firing, Job Applicants, Local Ordinance, Municipalities	See All Updates »
Monte Starr	Newly Enacted Legislation Rewrites Florida's Rules on Individual Design Professional Liability A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state…more Amended Legislation, Designer Professionals' Liability, Negligence, New Legislation, Service Contracts	See All Updates »
Todd D. Steenson	Fourth Circuit Joins D.C. Circuit in Striking Down NLRB Notice-Posting Rule Last Friday, the U.S. Court of Appeals for the Fourth Circuit became the second federal appeals court to invalidate the August 2011 National Labor Relations Board (NLRB) regulation requiring most employers to post notices of…more NLRA, NLRB, Notice Requirements, Posting Requirements	See All Updates »
Ilenna J. Stein	Massachusetts Public Health Council Approves Regulations Implementing Relaxation of Strict Ban on Gifts from Pharmaceutical and Medical Device Manufacturers On November 21, 2012, the Massachusetts Public Health Council (PHC) approved the final regulatory amendments implementing the Pharmaceutical and Medical Device Manufacturer Conduct Law, MGL ch. 111N, which was amended by Gov…more Medical Devices, Pharmaceutical, Physician Gift-Ban Law, Sunshine Act	See All Updates »
Richard B. Stephens	Guarantees of Interest Rate Swap Obligations by Non-ECP Guarantors Are Probably Illegal and Unenforceable Options for Lenders to Consider Until the CFTC Offers Further Guidance - The Commodity Futures Trading Commission (the CFTC) has made a determination that could affect the legality and enforceability of certain guarantees…more	See All Updates »
Cameron Stout	What You Need to Know About the STOCK Act Beginning today, members and senior staff1 of the U.S. House of Representatives and U.S. Senate are required to disclose certain financial transactions no later than 45 days after the transaction has occurred. This new…more Insider Trading, Know Your Customers, Periodic Transfer Reports, Rule 10b-5, SEC	See All Updates »
Sonya Strnad	U.S. Supreme Court to Hear Challenge to Fraud-on-the-Market Presumption On June 11, 2012, the U.S. Supreme Court granted certiorari to a biotechnology company's challenge of the fraud-on-the-market presumption in a securities fraud case. This rebuttable presumption was first approved by the Court in…more Fraud, Fraud-on-the-Market	See All Updates »
Delcy Sweet	SEC's Division of Trading and Markets Grants Relief from Broker-Dealer Registration for Online Platform that Permits Investment in Start-Up Companies On March 26, 2013, the SEC's Division of Trading and Markets issued a no-action letter indicating that it would not recommend enforcement action under Section 15(a)(1) of the Exchange Act if a venture capital fund adviser and…more Broker-Dealer, Crowdfunding, Enforcement Actions, JOBS Act, No-Action Letters	See All Updates »
Lindsay Dennis Swiger	New EEOC Guidance Prompts Reevaluation Of Criminal Screening Policies Just when most churches have made criminal background screening standard to avoid harm to children, the elderly, and other vulnerable persons and liability, the federal government has issued guidance reminding employers that,…more Criminal Background Checks, Discrimination, EEOC, Hiring & Firing, Title VII	See All Updates »
Nicholas Targ	Federal Efficiency/Streamlining: CEQ Issues New NEPA Guidance Documents The Council on Environmental Quality (CEQ) released two handbooks under the federal National Environmental Policy Act (NEPA) on March 5, 2013, that provide regulatory guidance to "encourage more efficient environmental reviews."…more CEQA, Environmental Review, Handbooks, Memorandum of Understanding, NEPA	See All Updates »
Timothy J. Taylor	Fraud and the “Discovery Rule” — Two Takeaways from The Supreme Court’s Recent Decision in Gabelli v. Securities and Exchange Commission Fraud likes to hide. Which is why, since the 18th century, courts have held that a statute of limitations for fraud does not begin to run until the victim discovers the fraud. In Gabelli v. Securities and Exchange Commission,…more Discovery Rule, Fraud, Gabelli v SEC, SCOTUS, SEC	See All Updates »
Daron T. Threet	Deepwater Port Act Amended to Allow Oil and Gas Exports from Offshore Facilities On December 20, 2012, President Obama signed into law the Coast Guard and Maritime Transportation Act of 2012. The bill (HR 2838) included language amending the Deepwater Port Act (DWPA) (33 U.S.C. 1501 et seq.) to allow export…more Deepwater Port Act, Exports, Natural Gas, Oil & Gas	See All Updates »
MarissaUrban	Is Filling an Off-Label Prescription an Invitation to False Claims Act Liability? On May 17, 2013, the U.S. District Court for the Northern District of Georgia issued an order that joins an unsettling line of decisions suggesting that before filling prescriptions, pharmacies must serve as the arbiters of…more False Claims Act, Healthcare Professionals, Medicare, Medicare Part D, Off-Label Promotion	See All Updates »
Bradley Van Buren	Personal Planning Can Help Private Equity Pros Save on Taxes When private equity or venture capital fund principals and managing partners look to roll out a new fund, in addition to reconciling general fund formation issues, they should consider the personal-planning opportunities…more American Taxpayer Relief Act, Capital Gains, Gift-Tax Exemption, Income Taxes, Private Equity	See All Updates »
Beth A. Vecchioli	2013 Florida Legislative Session Recap Prior to the start of the 2013 Florida legislative session, President Gaetz and Speaker Weatherford outlined a joint agenda that included tackling ethics, elections, campaign finance, state pensions and higher education. The…more New Legislation, Proposed Legislation, State Budgets	See All Updates »
Karen Walker	2013 Florida Legislative Session Recap Prior to the start of the 2013 Florida legislative session, President Gaetz and Speaker Weatherford outlined a joint agenda that included tackling ethics, elections, campaign finance, state pensions and higher education. The…more New Legislation, Proposed Legislation, State Budgets	See All Updates »
Stephen Warren	Delaware Chancery Court Dismisses Class Action Lawsuit Over Sale of Warehouse Club On January 31, 2013, the Delaware Chancery Court dismissed a shareholder class action in which the plaintiffs alleged that the directors of a warehouse club retailer had breached their fiduciary duties by agreeing to a buyout of…more Board of Directors, Class Action, Duty of Loyalty, Fiduciary Duty, Shareholders	See All Updates »
Stewart Weiss	Legislative Alert: Illinois House of Representatives Passes HB 924 On April 18, 2013, the Illinois House of Representatives passed House Bill 924 on a 60–50 vote. The bill amends the Illinois Prevailing Wage Act (820 ILCS 130/2) to require that all contractors and subcontractors bidding on work…more Contractors, New Legislation, Reporting Requirements, Subcontractors	See All Updates »
Michael Werner	Controversial U.S. Medical Study Raises Informed Consent Questions The recent controversy surrounding a study of newborn babies in universities across the United States demonstrates the importance of compliance with human subject protection regulations in medical research…more Compliance, Ethics, Informed Consent, Medical Research, Safety Precautions	See All Updates »
George Y. Wheeler	FCC Approves Five Multipurpose Waivers of New Accessibility Rules In the first action of its kind, the Federal Communications Commission has approved, in part, five class waivers of its new accessibility rules for advanced communications services ("ACS"), which were adopted last October (the…more Accessibility Rules, ACS, CVAA, FCC, Multipurpose Waivers	See All Updates »
Keith M. Wiener	Federal Court Declares 8(a) Program Unconstitutional as Applied to Military Simulation and Training Contracts A federal court has ruled that the section 8(a) of the Small Business Act (SBA) – the statutory basis for the so-called “8(a) program” administered by the U.S. Small Business Administration (“SBA”) – is generally constitutional…more DBE Program, Due Process, DynaLantic, Equal Protection, SBA	See All Updates »
Michael Wiener	SEC Charges City of South Miami with Defrauding Investors On, May 22, 2013, the Securities and Exchange Commission (SEC) charged the City of South Miami, Florida, with "defrauding bond investors about the tax-exempt financing eligibility of a mixed-use retail and parking structure…more Consultation, Investors, SEC	See All Updates »
Kwamina Thomas Williford	Establishing an Effective Compliance Program: An Overview to Protecting Your Organization In This Issue: - Overview - Standards and Procedures - Organizational Leadership and Culture - Reasonable Efforts to Exclude Bad Actors From Managerial Ranks - Training and Education - Monitoring, Auditing…more Audits, Compliance, Discipline, FCPA, Federal Sentencing Guidelines	See All Updates »
Melissa A. Wong	CMS Issues Final Rule on Medical Loss Ratio for Medicare Advantage and Part D On May 23, 2013, CMS issued its Final Rule on Medical Loss Ratio (MLR) requirements for Medicare Advantage (MA) and Medicare Part D programs. MLR calculates the percentage of revenue used by MA organizations and Part D sponsors…more CMS, Medical Loss Ratio, Medicare, Medicare Advantage, Medicare Part D	See All Updates »
Tricia Wozniak	ICANN's Trademark Clearinghouse Set to Launch on March 26, 2013 The Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit corporation responsible for managing the domain name system, is evaluating more than 1,900 applied-for generic top-level domains (gTLDs), such as…more gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Barbara Yadley	Guarantees of Interest Rate Swap Obligations by Non-ECP Guarantors Are Probably Illegal and Unenforceable Options for Lenders to Consider Until the CFTC Offers Further Guidance - The Commodity Futures Trading Commission (the CFTC) has made a determination that could affect the legality and enforceability of certain guarantees…more	See All Updates »
Adam Young	Employer Wellness Programs: Final Rules Issued Under the Affordable Care Act Final regulations for wellness programs have been issued to help employers encourage healthier behaviors among their employees…more ADA, Affordable Care Act, DOL, Final Rules, GINA	See All Updates »
Oliya S. Zamaray	SAM is Here: The System for Award Management is Off to a Wobbly Start, but with Potential to Change the Federal Procurement Experience After much anticipation, the government contracting community welcomes SAM, the newest addition to the family of online federal procurement systems…more Federal Procurement Systems, GAO, SAM	See All Updates »
Zehava Zevit	Top 10 Indian Tribal Tax Developments in 2012 and Priorities for 2013 In This Issue: - Fiscal Cliff Concerns: Impact of Expiring Tax Provisions and Rising Tax Rates - General Welfare Tax Planning in the Wake of IRS Guidance Offering Safe Harbors - New Developments in Income from…more American Taxpayer Relief Act, Audits, Fiscal Cliff, Indian Tribal Trusts, IRS	See All Updates »

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