Holland & Knight LLP

EEOC Issues New Guidelines on National Origin Discrimination

The Equal Employment Opportunity Commission (EEOC) revised on Nov. 21, 2016, its enforcement guidance with respect to national origin discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC and other…more
| Civil Rights, Labor & Employment Law

FTC Report on Sharing Economy Cautions Regulators Not to Impede Innovation

In 1942, economist Joseph Schumpeter observed that the "creative destruction" of innovation often drives economic growth in market economies as companies continuously introduce new products or services, or new ways to produce or…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Science, Computers, & Technology

NDAA to Reinstate GAO Task Order Jurisdiction

It appears that, at long last, the Government Accountability Office (GAO) will have permanent jurisdiction over task and delivery orders exceeding certain thresholds. The right of federal contractors to protest agencies'…more
| Government Contracting, Military Law

IRS Proposes Helpful Changes to "Fractions Rule" Tax Regulations

Proposed income tax regulations published by the Internal Revenue Service (IRS) on Nov. 23, 2016, amend the current regulations regarding the application of the "fractions rule" to partnerships that hold debt-financed real…more
| Business Organizations, Taxation

Projecting the Future: Court Upholds Listing for Bearded Seals - Ninth Circuit Decision Based on Projections of Climate Change Impacts Nearly 80 Years Out

In Alaska Oil & Gas Ass'n v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit recently upheld a rule listing two species of seals as "threatened" under the Endangered Species Act (ESA) based on climate change…more
| Elections & Politics, Environmental Law, Zoning, Planning & Land Use

¿Es Viable un TPP sin Estados Unidos?

El Tratado de Asociación Transpacífico (TPP) es un ambicioso acuerdo de libre comercio con 30 capítulos que abarcan una amplia gama de disciplinas relacionadas con el comercio, imponiendo estándares más estrictos sobre…more
| Elections & Politics, International Law & Trade

A Comparison of Trump and House GOP Tax Reform Proposals

With Republicans in control of the U.S. Senate, the U.S. House of Representatives and the White House starting in 2017, the federal government is now better positioned to move forward on comprehensive tax reform, with…more
| Business Organizations, Commercial Law & Contracts, Elections & Politics, Taxation, Wills, Trusts, & Estate Planning

Is the Trans-Pacific Partnership Still Possible Without the United States?

The Trans-Pacific Partnership (TPP) is an ambitious free trade agreement with 30 chapters covering a wide range of disciplines related to trade, imposing higher standards on existing disciplines and incorporating new ones…more
| Elections & Politics, International Law & Trade

Nationwide Injunction Issued for the Department of Labor's FLSA Overtime Rule Changes

On November 22, a federal court in Texas has issued a nationwide injunction of the Department of Labor's final rule increasing the minimum salary level required to qualify for an exemption from the Fair Labor Standards Act's…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Third Circuit Considering Federal Court Damages Immunity for Ocean Shipping Companies

The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance with…more
| Antitrust & Trade Regulation, Consumer Protection, Maritime Law, Transportation

West Coast Real Estate Update: November 2016 #3

Owners, Developers Face Challenges Converting Parking to E-Commerce Delivery Space - Because millennials make up an increasing number of urban residents, owners and developers of apartment and condominium buildings are…more
| Construction Law, Finance & Banking, Real Estate - Commercial, Real Estate - Residential, Taxation

Preliminary Injunction Issued Against Department of Labor's Overtime Rule

On Nov. 22, 2016, a federal district judge in Texas enjoined the U.S. Department of Labor's (DOL) final rule increasing the minimum salary level threshold to qualify for an exemption from the overtime requirements of the Fair…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

CFPB Structure Hangs In the Balance as Agency Petitions D.C. Circuit for Rehearing

The Consumer Financial Protection Bureau (CFPB) filed on Nov. 18, 2016, a petition challenging the U.S. Court of Appeals for the District of Columbia Circuit's ruling in PHH Corp., et al. v. Cons. Fin. Prot. Bureau, in which the…more
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking, Real Estate - Residential

West Coast Real Estate Update: November 2016 #2

California Appellate Court Overturns “Sham Guaranty” Defense - The single-purpose entity (SPE) has become a ubiquitous tool in commercial real estate acquisitions and financing in California. Lenders increasingly require a…more
| Civil Procedure, Elections & Politics, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

Federal Circuit Split On Specification's Role In Determining Patent Eligibility

The U.S. Court of Appeals for the Federal Circuit recently reversed a district court ruling that four related software patents are patent ineligible under 35 U.S.C. §101, by considering the specification to determine that the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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