Holland & Knight LLP

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MARAD Issues Proposed Policy on Oil and Gas Exports from Offshore Facilities

On Oct. 16, 2014, the Maritime Administration (MARAD) issued a notice in the Federal Register seeking public comments on proposed policies regarding the review and processing of applications for the export of oil and natural gas…more
| Administrative Law, Energy & Utilities, Environmental Law, International Law & Trade, Maritime Law

Boston Ordinances Proposed to Address Student-Athlete Safety and Scholarships - Ordinances May Lead Other Cities and States to Consider Similar Measures

The Boston City Council has entered the ongoing national debates and reform efforts concerning collegiate student-athlete issues, including safety and scholarships. Colleges and universities across the United States, athletic…more
| Art, Entertainment, & Sports Law, Education, Labor & Employment Law, Finance & Banking, Health

“Look and Feel” of a Website can Constitute Protectable Trade Dress

The United States District Court for the Northern District of California, in Ingrid & Isabel, LLC v. Baby Be Mine, LLC, --- F. Supp. 3d ----, 2014 WL 4954656 (N.D. Cal. 2014), in reviewing the arguments before it, attempted to…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Dr. Seuss Explains "Zoning Reform"

It's not every day that an adult discussion about zoning reform begins with a reference to children's poetry, but so be it. Most [Real Estate Bar Association for Massachusetts] REBA members have at least a passing…more
| Construction Law, Elections & Politics, Zoning, Planning & Land Use, Real Estate - Residential

Recent 11th Circuit Cases Provide Important HIPAA Guidance - Healthcare Providers Should Be Proactive by Reviewing Their HIPAA Compliance Programs

On Oct. 10, 2014, the 11th Circuit opinion in Murphy v. Dulay provides significant guidance regarding HIPAA authorization forms. One of the most important provisions of the opinion focuses on the fact that HIPAA authorizations…more
| Civil Procedure, Communications & Media Law, Privacy, Health, Professional Malpractice

The Donald Sterling Case Provides Valuable Trustee Incapacity Insights - Establishing the Most Effective Instruments to Evaluate Trustees Can Be a $2 Billion Issue

The ideal individual trustee has a wide variety of real world experience and judgment that can only be acquired over decades. Thus, many trustees are middle-aged or older at the start of their tenure. While some people remain…more
| Art, Entertainment, & Sports Law, Business Organizations, Civil Procedure, Wills, Trusts, & Estate Planning

Down the Rabbit Hole – The Impact of Alice on Software Patents

Software patents recently took another hit as courts continue down the rabbit hole following the Supreme Court decision in Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). In Alice, the Court held that claims to generic…more
| Intellectual Property, Science, Computers, & Technology

Excepted Benefits Under the ACA - The Government Agencies Overseeing Enforcement of the ACA Have Provided Relief for Employers Offering Certain Plans

The Patient Protection and Affordable Care Act (ACA) imposes numerous requirements on health plans, including group plans maintained by employer sponsors. An enhanced claims process, coverage for dependent children until age 26…more
| Labor & Employment Law, Health, Taxation

Religious Institutions: October 2014

Timely Topics - Church splits and property disputes are not new, but they have certainly grown in number in recent years. In the seminal case on church property disputes, Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L. Ed…more
| Civil Procedure, Constitutional Law, Labor & Employment Law, Health, Real Estate - Residential

More Kids' Privacy News: Calif. Passes Law on Student Privacy and Advertising (SOPIPA) and FTC on the Hunt

California Gov. Jerry Brown signed into law Monday, August 29, 2014, a law aimed at restricting the use of students' educational data by third-party vendors, making this one of the more restrictive and sweeping state privacy…more
| Antitrust & Trade Regulation, Communications & Media Law, Education, Privacy, Consumer Protection

Tribal General Welfare Exclusion Act: New Law Supersedes IRS Guidance - H.R. 3043 Allows Tribes More Latitude in Social Programs

On Sept. 26, 2014, President Obama signed into law a measure that excludes from taxable income various general welfare payments to members of Indian tribes. One of the last pieces of legislation agreed upon by the U.S…more
| Indigenous Peoples, Taxation

U.S. Treasury Tries to Clamp Down on Tax Inversions

Lately, the media has focused on tax inversions, most recently when Burger King announced that it will purchase Tim Hortons, a Canadian company, but what are they?…more
| Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, International Law & Trade, Taxation

Yelp and TinyCo Settle FTC Charges of COPPA Violations

The Federal Trade Commission (FTC) recently announced a settlement with online review site, Yelp, Inc., and mobile app developer, TinyCo, Inc., against separate charges that the companies were collecting children’s information…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

International Implementation of EU Emission Trading Scheme Still Unsettled - The Scope of the Emission Trading Scheme Remains Limited to Flights Within the EU

The European Union (EU) adopted a regulation in April 2014 that continued the application of the European Union Emission Trading Scheme (ETS) as to flights operated inside the European Economic Area (EEA). But implementation of…more
| Commercial Law & Contracts, Environmental Law, International Law & Trade, Transportation

OCR Issues Guidance Relating to Same-Sex Marriages

The Department of Health and Human Services' Office for Civil Rights recently published guidance to assist covered entities by explaining how the United States Supreme Court's decision regarding the Defense of Marriage Act…more
| Civil Rights, Commercial Law & Contracts, Privacy, Health
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