Holland & Knight LLP

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
| Commercial Law & Contracts, Communications & Media Law, Products Liability

Illinois AG Again Rules on Closed-Session Procedures and Personnel Exceptions

Illinois Attorney General Lisa Madigan has issued a binding opinion finding that the Knox County Board Finance Committee violated the Illinois Open Meetings Act (OMA) by improperly going into closed session and discussing…more
| Administrative Law, Finance & Banking

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
| Energy & Utilities, Zoning, Planning & Land Use

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
| Finance & Banking, International Law & Trade, Taxation

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
| Finance & Banking

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
| Commercial Law & Contracts, Intellectual Property

HHS Issues Proposed 340B Program Omnibus Guidance: Five Things to Watch

The 340B Drug Pricing Program (340B Program), established by Section 602 of the Veterans Health Care Act of 1992, is administered by the Health Resources and Services Administration (HRSA) of HHS. The 340B Program requires drug…more
| Health, Science, Computers, & Technology

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 Law, Education, Zoning, Planning & Land Use

DOJ Targets Executives and Individuals in Corporate Investigations

Responding to criticism stemming from a lack of individual prosecutions as a result of the financial crisis, Deputy Attorney General Sally Yates has issued a new guidance memorandum establishing six new steps for federal…more
| Commercial Law & Contracts, Government Contracting

Massachusetts Legislature Advances Bill to Impose Caps on Drug Prices

The Joint Committee on Health Care Financing of the Massachusetts legislature took up Bill S. 1048, an "Act to promote transparency and cost control of pharmaceutical drug prices," on Sept. 14, 2015. The bill initially was…more
| Health, Science, Computers, & Technology

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
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Religious Institutions: September 2015

Respondeat superior (literally, "let the master answer" in Latin) is a doctrine that applies when an employer or principal has the ability and authority to direct and control the pertinent acts of the employee. Put otherwise,…more
| Civil Rights, Commercial Law & Contracts, Constitutional Law, Health, Zoning, Planning & Land Use

A Tribal Financial Executive’s Guide to Deferred Per Capita Plans

With the top tax bracket at nearly 40 percent, Indian tribes making substantial per capita distributions are asking what they can do to reduce their members’ tax liabilities. One option to consider is a deferred per capita plan,…more
| Indigenous Peoples, Taxation

Illinois Attorney General Limits "Personnel" Exception Under Open Meetings Act

In Public Access Opinion 15-005, issued on Aug. 4, 2015, the Village Board of the Village of Blue Mound was accused of violating the Illinois Open Meetings Act (OMA) for going into closed session to consider a contract with…more
| Administrative Law, Labor & Employment Law

Aiding and Abetting Shareholder Oppression?

Earlier this summer, in Brown v. Pennington, No. 05-14-01349-CV, 2015 WL 3958618 (Tex. App., June 30, 2015), the Texas Court of Appeals dismissed a tort claim against a non-shareholder loan guarantor for lack of personal…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law
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