Holland & Knight LLP

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U.S. Begins Easing Cuba Embargo: New Opportunities and Challenges - The Embargo Changes Will Most Likely Be Phased-In as Opposed to Being Immediate and Comprehensive

On Dec. 17, 2014, President Obama announced the United States will re-establish normal diplomatic relations with Cuba and that certain economic sanctions will be eased. Notwithstanding the media frenzy implying that the embargo…more
| Commercial Law & Contracts, Communications & Media Law, Elections & Politics, Finance & Banking, International Law & Trade

BBB Issues OBA Warning: What You Should Know and What to Do About It

The Online Interest-Based Advertising Accountability Program just released another compliance warning, stating that the use of Interest-Based Advertising (IBA) in native advertising must comply with the Digital Advertising…more
| Commercial Law & Contracts, Communications & Media Law

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

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

New Limits Expand Funding Pool For National Party Committees

Recently passed spending legislation dramatically increased the amount that individual donors may give to the National Party Committee accounts used to fund party conventions, construction and legal challenges. Specifically,…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking

2015 National Defense Authorization Act Requires New Cyber Breach Reporting - "Operationally Critical Contractors" Are Required to "Rapidly" Report All Data Breaches

Congress passed the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (NDAA or Act) on Dec. 12, 2014. The NDAA for 2015 creates a new cyber breach reporting requirement affecting…more
| Privacy, Science, Computers, & Technology, Transportation, Government Contracting

Ethical Issues For White Collar Defense And Investigations Lawyers - Part 1 of 3: Joint Defense Agreements

Recent corporate scandals have made effective and honest corporate governance the chief priority for every company. Proactive and incisive white collar defense counsel in this area is a must. Reacting swiftly to serious problems…more
| Civil Procedure, Commercial Law & Contracts

NLRB Expands Employees' Right to Use Employers' Email for Union Organizing - Board Dissenters Criticized the Majority for Replacing a Long-Standing, Easily Understood Rule with One That Is Confusing, Difficult to Apply and Likely to Create Problems for Employers

In its 2007 decision in Register Guard, the National Labor Relations Board (NLRB or Board) held that an employer may completely prohibit employees from using its email system for non-business purposes – including union…more
| Labor & Employment Law

Views on Data Security Readiness

Hacking breaches continue to push companies into the unwelcome public spotlight to defend their corporate data security practices—including recently the cyberattack on Sony Entertainment Corp. (13 PVLR 2062,…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Subscriber Does Not Have Fourth Amendment Privacy Interest in Own IP Data

In 2012, the Supreme Court decided the case of United States v. Jones, 132 S. Ct. 945 (2012). Jones involved the government's use of a GPS tracking device on a vehicle and the information gleaned therefrom. The holding was that…more
| Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

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

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

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

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

House Subcommittee Pushes FAA for Faster Progress on UAS Integration - Proposed Small UAS Rule Expected Before the End of 2014, But Final Rule May Be Delayed Until 2017

On Dec. 10, members of Congress in a hearing pushed the Federal Aviation Administration (FAA) to quicken the pace of efforts to safely integrate unmanned aerial systems (UAS), commonly referred to as drones, into the national…more
| Administrative Law, Elections & Politics, Transportation

Recent HHS Settlement Highlights Importance of Updating HIPAA Compliance Programs

On December 8, 2014, the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) announced a resolution agreement with Anchorage Community Mental Health Services, Inc. (ACMHS). The agreement, which…more
| Consumer Protection, Privacy, Health, Science, Computers, & Technology

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Transportation

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
| Taxation
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