Holland & Knight LLP

FERC, Congress Take Aim at Cybersecurity Risks in the Electric Utility Sector

In light of the potentially devastating economic losses that could result from a cybersecurity attack causing widespread power outages as well as continued concerns about the vulnerability of the nation's electric utility…more
| Energy & Utilities, Science, Computers, & Technology

Title III of JOBS Act Brings Non-Accredited Investors to Crowdfunding Table

The U.S. Securities and Exchange Commission (SEC) recently approved Title III of the JOBS Act, a significant development because the new regulations allow non-accredited investors – those making less than $200,000 a year in…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

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
| Maritime Law

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
| Business Organizations, Taxation

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
| Construction Law

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
| Labor & Employment Law

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
| Criminal Law, Health, Science, Computers, & Technology

"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
| Health

Ninth Circuit, California Agree: Employee Waivers of PAGA Representative Claims Unenforceable

A divided panel in the U.S. Court of Appeals for the Ninth Circuit recently issued a 2-1 decision in the anticipated case of Sakkab v. Luxottica Retail North America, Inc. (Luxottica). Over a strongly worded dissent, the…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Recent Data Suggests Contractors Are Getting A Fair Shake Before The ASBCA

The Armed Services Board of Contract Appeals recently released its Report of Transactions and Proceedings for FY2015. The data reveals some interesting trends and provides useful guidance for contractors considering their…more
| Civil Procedure, Government Contracting, Military Law

Newly Announced FTC "Operation Collection Protection" Targets Debt Collectors

The Federal Trade Commission (FTC) announced today a major law enforcement initiative targeting deceptive and abusive debt collection practices. "Operation Collection Protection" is a nationwide initiative that the FTC is…more
| Antitrust & Trade Regulation, Consumer Protection, Finance & Banking

FMC Issues Final Rule Regarding Freight Forwarder and NVOCC Requirements

The U.S. Federal Maritime Commission (FMC) issued its Final Rule in FMC Docket 13-05 on Nov. 3, 2015. The Commission's October vote in favor of issuing the Final Rule concluded a multiyear review and rulemaking that largely…more
| Commercial Law & Contracts, International Law & Trade, Maritime Law, Transportation

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
| Civil Procedure, Communications & Media Law, Labor & Employment Law

Congressional Challenges Loom for Clean Power Plan Final Rule

Before the end of the year, federal lawmakers are expected to undertake a series of actions to limit, amend, delay or repeal President Obama's Clean Power Plan (CPP) final rule. The final rule was formally published on Oct. 23…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

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
| Administrative Law, Alternative Dispute Resolution (ADR), Civil Procedure, Civil Rights, Commercial Law & Contracts
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