Holland & Knight LLP

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
| Labor & Employment Law

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
| Civil Remedies, Finance & Banking, Real Estate - Commercial, Real Estate - Residential, Taxation

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
| Business Torts, Commercial Law & Contracts, Securities Law

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
| Business Organizations, Government Contracting

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
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

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
| Commercial Law & Contracts, Indigenous Peoples

West Coast Real Estate Update: Feb. 2016 #1

Residential Communities: Proposed Amendment to Allow Owners' Attorneys at Association Board Meetings - In an attempt to further broaden when a member of a common interest development association can bring his or her…more
| Alternative Dispute Resolution (ADR), Real Estate - Residential

Balancing Copyright Owners' Rights With ISP Immunities

When an online user violates copyright law, the copyright owner will frequently turn to the user's internet service provider (ISP) for relief. The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

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
| Business Torts, Civil Procedure

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
| Civil Procedure, Civil Remedies, Health, Nonprofit Law, Taxation

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
| Energy & Utilities

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
| Immigration Law, International Law & Trade

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
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, Mergers & Acquisitions

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
| Elections & Politics, Nonprofit Law

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
| Government Contracting, Indigenous Peoples
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