Thompson Coburn LLP

Bullying in the Workplace: L&E Case Study

Bullying has been a recent focal point in the media, especially in the context of school bullying. Although not as pervasive, bullying also extends to the workplace. This webinar will identify and define bullying, examine its…more

Bullying, Employment Policies, Workplace Bullying

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, Federal Aviation Administration (FAA), Hazardous Substances, Shipping

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Shippers, are you ready for SOLAS’ verified container weight mandate?

Do you export your goods in an ocean-going cargo container? If so, are you ready for the SOLAS amendments that go into effect July 1? A little planning ahead of time will prevent your boxes from being left on the docks…more

Exports, Maritime Transport, Shipping Cargo, Verification Requirements

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Protecting the Identity of Your LLC Members & LP Partners in Litigation, Part II: Strategies for Discovery

You want to protect the identity of your business’ owners, but your opponent issued discovery requesting a copy of your organizational chart and/or information on the identities of your LLC members or LP partners. You are…more

Business Ownership, Confidential Information, Discovery, Federal Rules of Civil Procedure, Litigation Strategies

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Filing Form 709: Beyond the basics of gift tax returns

Since 2013, the gift tax filing threshold has been $14,000, making it relatively apparent that if your client made a gift in excess of $14,000 to any one person (other than a spouse) in 2013 or any year thereafter, the client…more

Crummey Trusts, Estate Tax, Gift Tax, IRS

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FAA provides clearer skies for educational use of drones

As we covered on our blog earlier this year, the proliferation of drones (or unmanned aircraft systems, “UAS,”) has reached college campuses around the country, where university staff, faculty, and students are eager to use…more

Drones, Educational Institutions, Federal Aviation Administration (FAA), Unmanned Aircraft Systems

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TC's inside IP - Summer 2013: Supreme Court Establishes International Copyright Exhaustion - But What About Patents?

In a much anticipated case, the U.S. Supreme Court ruled on March 19, 2013 in Kirtsaeng v. John Wiley & Sons that the “first sale” or “exhaustion” doctrine of U.S. Copyright law, which allows resale of copyrighted materials,…more

Certiorari, Copyright, First Sale Doctrine, ITC, Kirtsaeng v. John Wiley & Sons

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Reinstatement of a LIHTC LURA following foreclosure

Note: This post is the final part of a continuing series on the Credit Report Blog on the subject of workouts and bankruptcies involving low-income housing tax credit (LIHTC) projects…more

Affordable Housing, Construction Industry, Construction Project, Contractors, Lenders

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Education malpractice and student litigation: Achieving early dismissal

This post is the third in our three-part series on recent legal authority addressing the educational malpractice doctrine. As we noted in prior posts, we are examining this authority through the lens of “lessons learned,” and…more

Breach of Contract, Defense Strategies, Education Malpractice, Motion to Dismiss, Summary Judgment

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, Federal Aviation Administration (FAA), Hazardous Substances, Shipping

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[Webinar] Ethics - Confidentiality Issues Re: Attorney Client Privilege and Information - June 8th, 12:00pm CT

Confusion surrounds the attorney-client privilege. Many think they have it when they do not and even if they do, they fail to appreciate how easy it is to lose. In either case, not enough attention is paid to the possibility…more

Attorney-Client Privilege, Corporate Counsel, Privilege Waivers, Webinars

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Senate committee examines unmanned aircraft system safety, privacy concerns

The Senate Appropriations Subcommittee on Transportation, Housing, and Urban Development and related agencies held an Oct. 28, 2015 hearing on “Integrating Unmanned Aircraft Systems (UAS) into the National Airspace System (NAS)”…more

Airspace, Congressional Committees, Congressional Investigations & Hearings, Department of Transportation (DOT), Drones

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Charities and nonprofits: Don't roll the dice with gambling laws

Are you involved with a charity or nonprofit that raises money by selling raffle tickets or holds poker tournaments or casino nights to fund operations? Although your charity or nonprofit may be using the proceeds to fund…more

Charitable Organizations, Fundraisers, Gambling, Non-Profits

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Filing Form 709: Beyond the basics of gift tax returns

Since 2013, the gift tax filing threshold has been $14,000, making it relatively apparent that if your client made a gift in excess of $14,000 to any one person (other than a spouse) in 2013 or any year thereafter, the client…more

Crummey Trusts, Estate Tax, Gift Tax, IRS

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Chicago City Council approves changes to Transit Oriented Development

The City of Chicago City Council voted on Thursday, Sept. 25 to approve a revised Transit Oriented Development (TOD) ordinance. The revised TOD ordinance expands the boundaries of eligible properties and allows the elimination…more

Affordable Housing, Building Height Regulations, City Councils, City of Chicago, Density Bonus

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Top Region 7 attorney details EPA’s biggest enforcement, compliance priorities

The Environmental Protection Agency (EPA) took a major budget cut last year and is facing the same this year. But the agency is using creative settlement agreements, community projects, and some new high-tech tools to continue…more

Compliance, Enforcement, Environmental Policies, EPA, NAAQS

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TC's inside IP - Winter 2013: The AIA: Reviewing the First Year of Inter Partes Review

September 16, 2013, marked the one-year anniversary of the implementation of the America Invents Act, and with it, the introduction of an important tool for challenging the validity of an issued patent at the U.S. Patent and…more

America Invents Act, Claim Construction, First-to-File, First-to-Invent, Inter Partes Review Proceedings

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Is immigrant investment right for your project?

What do Marriott, Hilton Worldwide, Hyatt, Starwood Hotels & Resorts, American Life Insurance Company and Jay Peak Ski Resort know that you don’t know? They have discovered a way to access substantial amounts of equity financing…more

EB-5, Foreign Investment, Immigrant Investment Visas, Investors, Land Developers

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Construction due diligence: Sooner is always better than later

Non-payment of receivables is an ongoing problem for contractors, subcontractors and material suppliers notwithstanding the strength or weakness of the economy. Having knowledge of one’s alternative available legal remedies…more

Contractors, Credit, Due Diligence, Material Suppliers, Sales

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Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's Center…more

Clapper v. Amnesty International, Class Action, Cyber Attacks, Cyber Insurance, Data Breach

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Crowdfunding for Real Estate - Buyer Beware

Much has been made in the press lately about online crowdfunding websites that allow people to contribute money to fund business start-ups in exchange for rewards such as a copy of the finished work, a special invite to a movie…more

Capital Raising, Commercial Real Estate Market, Crowdfunding, Fees, Internet

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Shippers, are you ready for SOLAS’ verified container weight mandate?

Do you export your goods in an ocean-going cargo container? If so, are you ready for the SOLAS amendments that go into effect July 1? A little planning ahead of time will prevent your boxes from being left on the docks…more

Exports, Maritime Transport, Shipping Cargo, Verification Requirements

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[Webinar] Arbitration and Other Forms of ADR - Oct. 20th, 12:00pm CDT

In the general course of commercial real estate, conflicts will be resolved, one way or another. Is litigation the only solution? No, the parties to the dispute do have other options: arbitration and other forms of alternative…more

Arbitration, Commercial Real Estate Contracts, Mediation, Webinars

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Crowdfunding for Real Estate - Buyer Beware

Much has been made in the press lately about online crowdfunding websites that allow people to contribute money to fund business start-ups in exchange for rewards such as a copy of the finished work, a special invite to a movie…more

Capital Raising, Commercial Real Estate Market, Crowdfunding, Fees, Internet

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End Users of Swaps: Deadline Extended for Swap Documentation to Comply with New Federal Requirements

Federal authorities have extended the deadline imposed on swap dealers and major swap participants to amend swap documentation to comply with certain new legal requirements imposed by the Dodd-Frank Act. The deadline for…more

CFTC, Compliance, Dodd-Frank, End-Users, ISDA

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[Webinar] Dealing with Financially Troubled Customers Outside and Inside of Bankruptcy - Sept.16, 12:00pm CDT

This presentation is designed to provide business professionals involved in supplying goods and/or services on credit with the latest and most effective strategies for dealing with customers experiencing financial difficulty…more

Commercial Bankruptcy, Creditors, Debtor-Creditor, Suppliers, Webinars

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U.S. Supreme Court unable to decide whether ECOA protects spousal guarantors

As we previously wrote, federal and state courts throughout the country have been divided on whether the Equal Credit Opportunity Act (ECOA) protects the spouse of a borrower when the lender requires the spouse to guaranty a…more

Delinquent Borrowers, ECOA, Guarantors, Hawkins v Community Bank of Raymore, Lenders

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Investing in cannabis? Industry presents unique considerations

The cannabis industry is estimated to generate $3 billion in revenue this year, with annual sales projected to increase to $8 billion by 2018. As of early November 2015, 23 states (and the District of Columbia and Guam) permit…more

Capital Raising, Dispensaries, Investment, Marijuana Related Businesses, Medical Marijuana

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P3s: Managing Risks and Rewards

Overview - Successful P3s—Public-Private Partnerships—can be blessings for state and local governments searching for new ways to finance many types of critical “infrastructure”—roads, schools, prisons, and more—and control…more

Construction Contracts, Cost Allocation, Design-Build, Government Contractors, Infrastructure

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New Changes to U.S. Design Patent Law

American-based companies seeking protection for industrial designs will soon be encountering significant changes. On May 13, 2015, the United States will become a contracting party to the Geneva Act of the Hague Agreement…more

Design Patent, Hague Agreement, Industrial Design, Patents, WIPO

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Missouri Employers Take Note: Don’t Wait to Challenge the Timeliness of a Charge Under the Missouri Human Rights Act

The Missouri Supreme Court’s August 27, 2013, decision in Farrow v. Saint Francis Medical Center provided a stunning result in a case presenting a common fact pattern. Farrow filed a charge of discrimination more than 180 days…more

Civil Rights Act, Claim Procedures, Discrimination, EEOC, Human Rights

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Patients poised to record doctor's visits?

The question of whether patients should be permitted to record interactions with their doctors, and when and how it is best to do so, has become a highly contentious issue to navigate in today’s increasingly complex medical…more

Health Care Providers, Hospitals, Mobile Devices

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Final Rule on refund of Medicare overpayments: Key requirements to know

The long awaited Final Rule on return of Medicare overpayments (Final Rule) issued by the Centers for Medicare & Medicaid Services (CMS) took effect on March 14, 2016. The Final Rule applies to Medicare Part A and Part B…more

CMS, Due Diligence, False Claims Act (FCA), Final Rules, Look-Back Measurement Period

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Refashioning IP Asset Protection Strategies for Biotechnology and BioPharma Clients in View of the New Legal Realities of Subject Matter Eligibility

In the 1970s, the biotechnology industry was in its infancy. Many academic researchers were developing faster, more efficient ways to clone and characterize gene products of interest, and companies arose to provide practical…more

Biopharmaceutical, Biotechnology, Patent-Eligible Subject Matter, Patents, Pharmaceutical Industry

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Insurance Holding Company Laws: What providers need to know as they dive into insurance market waters

As providers continue to develop innovative ways to deliver coordinated care while controlling costs, many are looking to develop their own managed care plans or purchase an existing plan as part of these new care models. When…more

Health Care Providers, Insurance Holding Company, Insurance Industry, Managed Care Contracts

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Supreme Court’s discharge exception ruling gives creditors more options

One goal of bankruptcy for individuals is the discharge of debts, meaning that, upon the successful completion of their bankruptcy case, the debtor is no longer personally responsible for the obligations owed prior to the…more

Chapter 7, Commercial Bankruptcy, Consumer Bankruptcy, Debtor-Creditor, Dischargeable Debts

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Get the basics on two federal bills affecting employee benefits

Recently, two bills with confusingly similar names were introduced in Congress. They are both worth mentioning regardless of whether or not they are ultimately enacted in their current form. The SAVE Benefits Act - On…more

Clawbacks, Deferred Compensation, DOL, Employee Benefits, ERISA

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8 tips for engaging ACO boards to meet requirements in the Final Waivers

In the Final Waivers for the Medicare Shared Savings Program (MSSP) issued by the CMS and the OIG, the regulators modified the requirements for the ACO governing body stating that it must provide “the basis for the determination…more

ACOs, CMS, Medicare, Medicare Shared Savings Program, OIG

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Plaintiffs Use Catalyst Theory to Win Attorneys’ Fees After Ford Class Action Mooted By Recall

On November 2, 2015, a group of plaintiffs won a motion for attorneys’ fees against Ford Motor Company, even though Ford’s voluntary recall of vehicles mooted the plaintiffs’ lawsuit. In MacDonald v. Ford Motor Company, the U.S…more

Attorney's Fees, Automobile Recall, Automotive Industry, CLRA, Ford Motor

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Hospital property tax exemption under attack in Illinois

On Jan. 5, 2016, the Illinois Fourth District Appellate Court ruled in the Carle Foundation Hospital case that an Illinois state law providing for property tax exemptions for certain not-for-profit hospitals is unconstitutional…more

Charitable Purpose, Hospitals, Non-Profits, Property Tax, Tax Exemptions

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Five things you should know before creating a contest

As most readers of this blog know, a contest is quite different than a sweepstakes. Sweepstakes are games of chance. The winners are selected at random and don’t have to have any particular knowledge or skill – just good luck…more

Consideration, Contests & Promotions, Illegal Gambling, Sweepstakes

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Missouri court rules jury waiver applies here, there, and everywhere

What happens when one loan document contains a jury waiver but another doesn’t? For the lender, all may not be lost. That was another important holding from the Missouri Court of Appeals Western District in Midland…more

Jury Trial, Loans, Waivers

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Court preserves GM’s copyright claims against Autel and its VP

General Motors (GM) recently defeated a motion to dismiss in its case against Autel.US, Gary DeLuca, and others over the company’s alleged infringement of GM trademarks, copyrights, and circumvention of security measures, among…more

Copyright Infringement, General Motors, Motion to Dismiss, Trademark Infringement

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[Webinar] Overtime Law 2016 – Expanded New Rule: What It Means for You - June 1st, 12:00pm CST

On May 18, 2016, the U.S. Department of Labor issued a final rule updating the overtime regulations under the Fair Labor Standards Act. The new rule increases the salary threshold for workers to qualify as exempt from overtime…more

DOL, FLSA, Over-Time, Wage and Hour, Webinars

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Senate committee examines unmanned aircraft system safety, privacy concerns

The Senate Appropriations Subcommittee on Transportation, Housing, and Urban Development and related agencies held an Oct. 28, 2015 hearing on “Integrating Unmanned Aircraft Systems (UAS) into the National Airspace System (NAS)”…more

Airspace, Congressional Committees, Congressional Investigations & Hearings, Department of Transportation (DOT), Drones

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10 implications of SEC's repeal of general solicitation rules

In a historic and long-anticipated move to make private placements less “private,” the Securities and Exchange Commission (SEC) recently adopted final rules allowing general solicitation and general advertising in private…more

Accredited Investors, General Solicitation, JOBS Act, Private Equity, Private Placements

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Former head of OSHA discusses workplace injury policies, DOJ enforcement

At a recent presentation at the St. Louis office of Thompson Coburn, John Henshaw, the former U.S. Assistant Secretary of Labor for OSHA, offered some insights into several top-of-mind environmental, health and safety issues…more

Criminal Sanctions, DOJ, Environmental Crimes, OSHA, Popular

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[Webinar] Seven Things You Should Know About the New Missouri Commercial Receivership Act - June 14th, 12:00pm CT

On May 10, 2016, the Missouri General Assembly passed the Missouri Commercial Receivership Act (the “MCRA”), providing for significant changes to Missouri’s law on receiverships. Assuming that Governor Nixon signs the bill…more

Commercial Bankruptcy, Receivership, Webinars

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Illinois appellate court strengthens sole proximate cause defense in asbestos cases

The question of whether a product manufacturer or employer in an asbestos lawsuit can introduce evidence of the plaintiff’s exposures to asbestos from other sources has become a highly contested issue. There is a lengthy latency…more

Appeals, Asbestos, Asbestos Litigation, Evidence, Manufacturers

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Supreme Court Overturns EPA’s “Tailoring Rule,” Upholds GHG BACT for “Anyway” Sources

On June 23, the U.S. Supreme Court issued its much anticipated opinion in Utility Air Regulatory Group v. EPA, involving whether the EPA properly decided it was required to regulate sources of greenhouse gases (“GHGs”) under the…more

BACT, Clean Air Act, Climate Change, Environmental Policies, EPA

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National Labor Relations Board Tosses More Than 30 Years of Precedent in Joint Employer Inquiry – Other Agencies to Follow?

On Thursday, August 27, the National Labor Relations Board (“NLRB” or the “Board”) issued its ruling in Browning-Ferris Industries of California, Inc., altering decades of precedent about the standard required to be held as a…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Franchises, Joint Employers

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Coast Guard seeks comments on multiyear renewal option for vessel documentation fees

In the March 3, 2015 Federal Register, the Coast Guard published a request for comments related to the Vessel Documentation Renewal Fees established in August 2014. The Coast Guard is considering options for implementing…more

Certificates of Compliance, Coast Guard, Renewal Fees, Vessels

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Department of Education’s best practices for transgender students deserve careful attention

As some REGucation readers may recall, last summer we authored a two-part series on emerging federal policy regarding the application of federal anti-discrimination laws to the transgender community. In particular, we discussed…more

Dear Colleague Letter, Department of Education, DOJ, Educational Institutions, Gender Discrimination

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Path to recreational cannabis narrowing in California

Many advocates for cannabis reform laws in California believe that 2016 is the year that recreational cannabis will become legal in the state. As many as 60 state initiatives have been authorized to move forward and circulate…more

Ballot Measures, Decriminalization of Marijuana, Marijuana

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IRS Releases Final Forms for Health Care Reform Reporting

With required reporting under the Affordable Care Act (ACA) looming, employers should be aware of the latest guidance from the IRS. As a reminder, information reporting requirements apply to all employers who are members of an…more

Affordable Care Act, COBRA, Employer Group Health Plans, Employer Mandates, Health Insurance

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Public contracting requirements: Not just for ‘traditional’ government contractors

Federal and state laws contain many construction-related requirements that are routine for traditional government contracts and contractors. Not routine, however, are applications of these requirements outside the realm of…more

Competitive Bidding, Government Contractors, Performance Bonds, Prevailing Wages, Public Contracts

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Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's Center…more

Clapper v. Amnesty International, Class Action, Cyber Attacks, Cyber Insurance, Data Breach

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U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

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Deprizio waivers in bankruptcy cases: Valid, or a sham?

The Ninth Circuit Court of Appeals in In Re Adamson Apparel, Inc. became the first appellate court to address the validity of “Deprizio waivers.” In Adamson, the court held that because the Deprizio waiver was not a “sham”…more

Commercial Bankruptcy, Debtor-Creditor, Loans

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Voluntary Disclosure Opportunity for Businesses and Individuals Who Access Cloud Computing Services in Chicago or Sell Them to Chicago Users

Earlier this year, the City of Chicago’s Department of Finance issued “Personal Property Lease Transaction Tax Ruling #12 (clarifying Exemption 11),” originally effective as of July 1, 2015, clarifying the City’s position on the…more

City of Chicago, Cloud Computing, Department of Finance, Lease Tax, Nexus

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Illinois Employers Should Aim for Gun Policy Review

After becoming the 50th state to pass a concealed carry law last year, Illinois has begun accepting applications for concealed carry licenses from individuals wishing to carry a firearm in public. This major change in firearms…more

Employer No-Weapons Policies, Firearms, Gun Laws, Guns-in-Trunks Legislation

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EEOC Wants Employer Payroll Data To Discover Pay Discrimination

The Equal Employment Opportunity Commission (EEOC) has proposed revisions to the annual Employer Information Report (EEO-1) which would require employers to provide additional pay data. The proposed revisions would apply to any…more

Comment Period, EEO-1, EEOC, Federal Contractors, Pay Discrimination

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Public contracting requirements: Not just for ‘traditional’ government contractors

Federal and state laws contain many construction-related requirements that are routine for traditional government contracts and contractors. Not routine, however, are applications of these requirements outside the realm of…more

Competitive Bidding, Government Contractors, Performance Bonds, Prevailing Wages, Public Contracts

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Former head of OSHA discusses workplace injury policies, DOJ enforcement

At a recent presentation at the St. Louis office of Thompson Coburn, John Henshaw, the former U.S. Assistant Secretary of Labor for OSHA, offered some insights into several top-of-mind environmental, health and safety issues…more

Criminal Sanctions, DOJ, Environmental Crimes, OSHA, Popular

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FAA provides clearer skies for educational use of drones

As we covered on our blog earlier this year, the proliferation of drones (or unmanned aircraft systems, “UAS,”) has reached college campuses around the country, where university staff, faculty, and students are eager to use…more

Drones, Educational Institutions, Federal Aviation Administration (FAA), Unmanned Aircraft Systems

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Chicago City Council approves changes to Transit Oriented Development

The City of Chicago City Council voted on Thursday, Sept. 25 to approve a revised Transit Oriented Development (TOD) ordinance. The revised TOD ordinance expands the boundaries of eligible properties and allows the elimination…more

Affordable Housing, Building Height Regulations, City Councils, City of Chicago, Density Bonus

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NIST seeks comments on Cybersecurity Framework – Don’t miss the Dec. 13 deadline

The National Institute of Standards and Technology (NIST) is seeking comments on its “Preliminary Cybersecurity Framework,” which affects numerous industries. The Preliminary Framework is intended to provide guidance to…more

Cybersecurity, Cybersecurity Framework, Deadlines, NIST, Public Comment

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CFTC rule change brings record-keeping relief for commodity dealers and end-users

Aiming to reduce needless regulatory costs on America’s farmers, grain elevators and other commercial end-users of the commodity markets, the U.S. Commodity Futures Trading Commission (CFTC) recently amended a record-keeping…more

Amended Regulation, Broker-Dealer, CFTC, Commodities, End-Users

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Public contracting requirements: Not just for ‘traditional’ government contractors

Federal and state laws contain many construction-related requirements that are routine for traditional government contracts and contractors. Not routine, however, are applications of these requirements outside the realm of…more

Competitive Bidding, Government Contractors, Performance Bonds, Prevailing Wages, Public Contracts

See All Updates »

End Users of Swaps: Deadline Extended for Swap Documentation to Comply with New Federal Requirements

Federal authorities have extended the deadline imposed on swap dealers and major swap participants to amend swap documentation to comply with certain new legal requirements imposed by the Dodd-Frank Act. The deadline for…more

CFTC, Compliance, Dodd-Frank, End-Users, ISDA

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Preemption prevails in watercraft case under Federal Boat Safety Act

For vehicle manufacturers that find themselves in state court facing product liability claims over safety mechanisms, federal preemption is frequently examined as an affirmative defense. Watercraft manufacturers, in particular,…more

Affirmative Defenses, Design Defects, Manufacturers, Preemption, Product Defects

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TC's inside IP - Summer 2013: Technology Continues to Test the Boundaries of Copyright Law

Technological advances are stressing the seams of existing copyright law, forcing yet another industry to grapple with the prospect of disruption. At the nexus of this tension is AEREO, Inc. (“Aereo”), a streaming service that…more

Aereo, Cablevision, Copyright, Internet Streaming, Public Performance Rights

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The nuts and bolts of HEA Reauthorization

As most in higher education are aware, Congress presently is working to reauthorize the Higher Education Act of 1965, as amended (20 U.S.C. 1001 et seq.), the seminal legislation that created and governs the administration of…more

Amended Legislation, Federal Student Aid, Financial Aid, Higher Education Act, Legislative Process

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TC's inside IP - Winter 2013: Final Really Does Mean Final in the Federal Circuit

Defendants in patent infringement lawsuits often request that the United States Patent and Trademark Office (“PTO”) reexamine the patent-in-suit. Patent reexamination is a process where the validity of an issued patent is again…more

Patent Infringement, Patent Litigation, Patents, USPTO

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, Federal Aviation Administration (FAA), Hazardous Substances, Shipping

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Public contracting requirements: Not just for ‘traditional’ government contractors

Federal and state laws contain many construction-related requirements that are routine for traditional government contracts and contractors. Not routine, however, are applications of these requirements outside the realm of…more

Competitive Bidding, Government Contractors, Performance Bonds, Prevailing Wages, Public Contracts

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Financial Institutions Authorized to Use Websites for Annual Privacy Notice

Banks and other financial institutions may be able to avoid costly manual mailings of annual privacy notices to customers and instead publish annual privacy notices on their websites under a new rule issued by the federal…more

Annual Notices, Banks, CFPB, FCRA, Financial Institutions

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Public contracting requirements: Not just for ‘traditional’ government contractors

Federal and state laws contain many construction-related requirements that are routine for traditional government contracts and contractors. Not routine, however, are applications of these requirements outside the realm of…more

Competitive Bidding, Government Contractors, Performance Bonds, Prevailing Wages, Public Contracts

See All Updates »

Construction due diligence: Sooner is always better than later

Non-payment of receivables is an ongoing problem for contractors, subcontractors and material suppliers notwithstanding the strength or weakness of the economy. Having knowledge of one’s alternative available legal remedies…more

Contractors, Credit, Due Diligence, Material Suppliers, Sales

See All Updates »

DOL’s fiduciary rule levels playing field for advisors, imposes new duty on brokers

On April 6, 2016, the Department of Labor released the final version of its highly anticipated fiduciary rule. The rule is the culmination of six years of study, commentary and revisions after it was originally proposed in 2010,…more

Brokers, DOL, ERISA, Fiduciary Duty, Investment Adviser

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Preemption prevails in watercraft case under Federal Boat Safety Act

For vehicle manufacturers that find themselves in state court facing product liability claims over safety mechanisms, federal preemption is frequently examined as an affirmative defense. Watercraft manufacturers, in particular,…more

Affirmative Defenses, Design Defects, Manufacturers, Preemption, Product Defects

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New Regulations Will Change Business for Government Contractors

The Administration has been active in promulgating Executive Orders (E.O.) that affect the stakeholders in the Government contracting process. On July 31, 2014, the President signed Executive Order 13673, “Fair Pay and Safe…more

Administrative Merits Determinations, Arbitration Awards, Comment Period, Disclosure Requirements, DOL

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EEOC Decision: Title VII Protects Employees' Sexual Orientation

The EEOC’s Decision - On July 18, 2015, the Equal Employment Opportunity Commission (EEOC) decided that Title VII’s prohibition on sex discrimination extends to discrimination based on an individual’s sexual orientation…more

Diversity and Inclusion Standards (D&I), EEOC, Employee Rights, Gender Discrimination, Gender-Based Pay Discrimination

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Final Rule on refund of Medicare overpayments: Key requirements to know

The long awaited Final Rule on return of Medicare overpayments (Final Rule) issued by the Centers for Medicare & Medicaid Services (CMS) took effect on March 14, 2016. The Final Rule applies to Medicare Part A and Part B…more

CMS, Due Diligence, False Claims Act (FCA), Final Rules, Look-Back Measurement Period

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Commodities traders, know thyself: Are you a pool or prop shop?

Do you trade commodity futures, options or swaps with a partner or a group of partners? If so, you need to know if your business model is properly described as a commodity pool or as a proprietary trading firm. The answer is not…more

CFTC, Commodities, Commodity Pool, NFA, Registration Requirement

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NLRB Wishes Employers a Not-So-Happy New Year – Issues New Election Rules and Overrules Register Guard

The National Labor Relations Board (NLRB) has amended its internal rules to speed up the union election process. The changes were made with one goal in mind: to make it easier for unions to organize your workforce. Starting…more

Ambush Election Rules, Email, FLSA, NLRA, NLRB

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I will survive: Help your reps and warranties endure with a smart survival clause

The desire to protect oneself is human nature. Nowhere is that more obvious than when drafting complex commercial real estate deals, where parties often have conflicting goals regarding liability…more

Breach of Contract, Buyers, Cause of Action Accrual, Real Estate Market, Representations and Warranties

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Move over GNC: Crackdown on dietary supplement makers continues

In the fourth quarter of 2015, the dietary supplement industry was reminded that the Department of Justice (DOJ) and the federal Food and Drug Administration (FDA) were watching. This reminder came on the heels of the DOJ…more

Dietary Supplements, DOJ, FDA, GNC, Misbranding

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Class action defendants benefit from Spokeo’s ruling on standing

On May 16, the U.S. Supreme Court decided Spokeo Inc. v. Robins, in which it ruled that the Ninth Circuit incorrectly applied the Article III standing inquiry to a named plaintiff in a putative class action seeking damages for…more

Article III, Background Checks, FCRA, Injury-in-Fact, Putative Class Actions

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How the FDA’s new Sanitary Transport Rule affects food shipping

The FDA is continuing its implementation of the Food Safety and Modernization Act (FSMA) with the “Sanitary Transportation of Human and Animal Food” final rule (Sanitary Transport Rule or Rule) published in the Federal Register…more

Commercial Truck Drivers, FDA, Food Manufacturers, Food Safety, FSMA

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UPDATE: Cannabis, pain reduction, and opioid abstinence

On March 9, 2016, we reported on a new study finding an association between cannabis treatment for chronic pain and reductions in opioid consumption. Since that report, the Centers for Disease Control and Prevention have…more

Drug & Alcohol Abuse, Drug Testing, Medical Marijuana, Pain Management, Physicians

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Missouri Passes Data Center Incentive Legislation

Missouri recently joined the growing number of states that have created incentives for the construction or expansion of data center facilities. The new law, signed on April 9, 2015, provides exemptions from various state and…more

Data Centers, Economic Development, Job Creation, New Legislation, Sales & Use Tax

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[Webinar] Ethics and Cybersecurity - June 29th, 12pm CDT

With recent headlines about successful attacks on corporate computer systems, safeguarding client electronic information is an issue that all attorneys must address. This presentation will discuss the ethical rules that require…more

Compliance, Cybersecurity, Electronic Communications, Electronically Stored Information, Ethics

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Is everyone’s website illegal?

Your website consists of visible text and graphics, geared to the sighted reader. Its terms and conditions include legal disclaimers and limitations of liability, which, it explains, apply unless they are specifically prohibited…more

ADA, Class Action, Disclaimers, Internet, Limitation of Liability Clause

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TPP accord faces uncertain future in Congress

It was reported Monday that in a marathon 100-hour negotiating session the 12-nation Trans-Pacific Partnership (TPP) reached agreement on the TPP trade pact. The TPP was negotiated in secret, i.e., only the diplomatic…more

Automotive Industry, Canada, Country of Origin, Currency Manipulation, Fast Track Process

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Hold who harmless? Be careful in drafting indemnity provisions

In another example that there is no “boilerplate” in commercial real estate documents, the California Court of Appeal recently held that an indemnity provision not only covered claims by third parties, but it also covered direct…more

Boilerplate Language, Contaminated Properties, Contract Drafting, Environmental Remediation Costs, Indemnification Clauses

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Waiting to Exhale: Cannabis industry breathes sigh of relief over extension of Rohrabacher-Farr Amendment

With the recent signing of the Consolidated Appropriations Act of 2016 (H.R. 2029), President Obama extended a provision through September 2016 that restricts the federal government from interfering with states’ rights to enact…more

Consolidated Appropriations Act, Controlled Substances Act, DOJ, Marijuana Related Businesses, Medical Marijuana

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Employers Beware: Missouri Supreme Court Heightens the Risk of Dismissing Employees Who Filed Workers Compensation Claims

The Missouri Supreme Court recently overruled the long-standing “exclusive” causation standard for worker’s compensation retaliation claims and held that an employee only needs to demonstrate that filing a worker’s compensation…more

Adverse Employment Action, Discrimination, Employer Liability Issues, Hiring & Firing, Workers' Compensation Defense

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Why health care entities should pay attention to the Federal Priority Act

The Federal Priority Act (FPA) is a little-known statute that dates back centuries, and has increasingly been used by the federal government to recover significant sums from all types of insolvent businesses and…more

Commercial Bankruptcy, Federal Priority Act, Health Care Providers, Insolvency, Personal Liability

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Illinois strengthens, expands scope of personal information protections

With the passage of the Illinois Personal Information Protection Act (HB1260) last month, Illinois substantially broadened the definition of personally identifiable information, and imposed requirements on data collectors for…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Collection, Data Protection

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U.S. Citizenship and Immigration Services Revises Employment Eligibility Verification Form I-9

U.S. Citizenship and Immigration Services (“USCIS”) has released a revised Form I-9, which all employers must use to verify the identity and employment eligibility of new hires. Employers should begin using the new Form I-9…more

Eligibility, Hiring & Firing, I-9, USCIS

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TPP accord faces uncertain future in Congress

It was reported Monday that in a marathon 100-hour negotiating session the 12-nation Trans-Pacific Partnership (TPP) reached agreement on the TPP trade pact. The TPP was negotiated in secret, i.e., only the diplomatic…more

Automotive Industry, Canada, Country of Origin, Currency Manipulation, Fast Track Process

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U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

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New OSHA Reporting and Anti-Retaliation Rules

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) finalized a rule which will expand employer requirements to record and submit records of workplace injuries and illnesses. The final rule also contains…more

Anti-Retaliation Provisions, DOL, OSHA, Posting Requirements, Recordkeeping Requirements

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USPTO Publishes New (and Largely Improved) Guidance for Subject Matter Eligibility

Today the USPTO published its much heralded revised 2014 Interim Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101 in view of the Mayo1, Myriad2, and Alice3 Supreme Court decisions. The December 2014…more

AMP v Myriad, CLS Bank v Alice Corp, Guidance Update, Mayo v. Prometheus, Patent-Eligible Subject Matter

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U.S. Department of the Treasury Announces $3.5 Billion in Federal New Markets Tax Credit Allocation Authority

Yesterday the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (the “CDFI Fund”) announced the award of $3.5 billion in Federal New Markets Tax Credit (NMTC) allocation authority through its…more

CDFI Fund, Community Development Entities, Income Taxes, NMTC, Tax Credits

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President Obama's immigration actions: What employers need to know

On November 20, 2014, President Obama announced a series of executive and administrative actions intended to streamline, modernize and simplify elements of the U.S. immigration system. While programs such as Deferred Action for…more

Barack Obama, DACA, DAPA, Deportation, DHS

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DOL’s fiduciary rule levels playing field for advisors, imposes new duty on brokers

On April 6, 2016, the Department of Labor released the final version of its highly anticipated fiduciary rule. The rule is the culmination of six years of study, commentary and revisions after it was originally proposed in 2010,…more

Brokers, DOL, ERISA, Fiduciary Duty, Investment Adviser

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[Webinar] Cloud Computing 101- How It Works, What Are Its Risks and What Are Its Rewards - Oct. 14th, 12:00pm CDT

Are you using the Cloud? Are you thinking about using the Cloud? Are you confused by why you should care about the Cloud or what the Cloud has to offer? Are you concerned there are issues with using the Cloud that you're not…more

Cloud Computing, Cybersecurity, Data Breach, Data Protection, Popular

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Checklists of Foreign Countries for U.S. Firms Engaged in International Transactions

Countries Subject to Various Restrictions by the U.S., EU, and UN - Following are checklists of countries that are subject to a variety of U.S. and EU-imposed restrictions affecting international trade. The countries are…more

Sanctions, Trade Restrictions, UN Security Council

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New Department of Education guidance for Title IX coordinators deserves a look

As we’ve previously noted here at REGucation, the U.S. Department of Education’s Office of Civil Rights (OCR) has been busy in recent months issuing a wide range of guidance through both administrative action and formal…more

Department of Education, Educational Institutions, New Guidance, OCR, Title IX

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Landlords and tenants: To Airbnb or not Airbnb, that is the question

If you own or occupy residential real property, a question may come to mind. As Shakespeare might have put it, “To BNB or not BNB, that is the question.”…more

AirBnB, Eviction, Landlords, Occupancy Tax, Rent Control

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Shipping hazmats by air? Follow the rules or pay the price: FAA imposes substantial penalties for hazardous materials violations

The Federal Aviation Administration (FAA) is increasingly cracking down on senders of hazardous materials by air, and your company could be its next target. Shippers and carriers of hazardous materials sent via aircraft…more

Aircraft, Airlines, Federal Aviation Administration (FAA), Hazardous Substances, Shipping

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New Regulations Will Change Business for Government Contractors

The Administration has been active in promulgating Executive Orders (E.O.) that affect the stakeholders in the Government contracting process. On July 31, 2014, the President signed Executive Order 13673, “Fair Pay and Safe…more

Administrative Merits Determinations, Arbitration Awards, Comment Period, Disclosure Requirements, DOL

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Developers take advantage of low income housing development tax credits, but recent Third Circuit decision stirs controversy

Developers of multi-family apartment complexes geared to low- to moderate-income tenants are increasingly taking advantage of federal low-income housing tax credits (LIHTC) and, where available, their state counterparts, to…more

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Illinois appellate court strengthens sole proximate cause defense in asbestos cases

The question of whether a product manufacturer or employer in an asbestos lawsuit can introduce evidence of the plaintiff’s exposures to asbestos from other sources has become a highly contested issue. There is a lengthy latency…more

Appeals, Asbestos, Asbestos Litigation, Evidence, Manufacturers

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[Webinar] Ethics and Cybersecurity - June 29th, 12pm CDT

With recent headlines about successful attacks on corporate computer systems, safeguarding client electronic information is an issue that all attorneys must address. This presentation will discuss the ethical rules that require…more

Compliance, Cybersecurity, Electronic Communications, Electronically Stored Information, Ethics

See All Updates »

[Webinar] Traffic Ahead: California Employment Law Update - June 22nd, 12:00pm CT

Since last presenting an update on California law affecting employers and employees, in April 2015, the California legislature has been quite busy. These changes are wide ranging and important for all doing business in this…more

E-Verify, Employer Liability Issues, Fair Pay Act, Leave of Absence, Sick Leave

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#ILoveThisProduct!

In a world where people go online to tell friends and strangers alike how they feel about everything from their newest mobile device to a restaurant down the street, it’s tough to know why opinions are shared in social media…more

Disclosure Requirements, False Advertising, FTC, FTC Endorsement Guidelines, Hashtags

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Responding to ransomware attacks: A guide for health care providers

As if data privacy and HIPAA concerns were not enough for health care entities to fret over, enter another data threat that has already caught many health care systems off guard – ransomware attacks…more

Bitcoin, Cyber Threats, Cybersecurity, EHR, Health Care Providers

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USPTO Publishes New (and Largely Improved) Guidance for Subject Matter Eligibility

Today the USPTO published its much heralded revised 2014 Interim Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101 in view of the Mayo1, Myriad2, and Alice3 Supreme Court decisions. The December 2014…more

AMP v Myriad, CLS Bank v Alice Corp, Guidance Update, Mayo v. Prometheus, Patent-Eligible Subject Matter

See All Updates »

Drones on campus: What higher ed needs to know

The use of unmanned aircraft systems (“UAS” or drones) has grown by leaps and bounds over the last several years, and this explosion has reached college campuses. Drones are being used for research and development, academic…more

Colleges, Drones, Federal Aviation Administration (FAA), Local Ordinance, Registration Requirement

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[Webinar] Seven Things You Should Know About the New Missouri Commercial Receivership Act - June 14th, 12:00pm CT

On May 10, 2016, the Missouri General Assembly passed the Missouri Commercial Receivership Act (the “MCRA”), providing for significant changes to Missouri’s law on receiverships. Assuming that Governor Nixon signs the bill…more

Commercial Bankruptcy, Receivership, Webinars

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Senate committee examines unmanned aircraft system safety, privacy concerns

The Senate Appropriations Subcommittee on Transportation, Housing, and Urban Development and related agencies held an Oct. 28, 2015 hearing on “Integrating Unmanned Aircraft Systems (UAS) into the National Airspace System (NAS)”…more

Airspace, Congressional Committees, Congressional Investigations & Hearings, Department of Transportation (DOT), Drones

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Get the basics on two federal bills affecting employee benefits

Recently, two bills with confusingly similar names were introduced in Congress. They are both worth mentioning regardless of whether or not they are ultimately enacted in their current form. The SAVE Benefits Act - On…more

Clawbacks, Deferred Compensation, DOL, Employee Benefits, ERISA

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UPDATE: Cannabis, pain reduction, and opioid abstinence

On March 9, 2016, we reported on a new study finding an association between cannabis treatment for chronic pain and reductions in opioid consumption. Since that report, the Centers for Disease Control and Prevention have…more

Drug & Alcohol Abuse, Drug Testing, Medical Marijuana, Pain Management, Physicians

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Can the California A.G. limit those incessant Prop 65 lawsuits?

The California Attorney General has proposed amendments to California’s Proposition 65 regulations governing enforcement actions brought by a “private person in the public interest.”…more

Amended Regulation, Attorney Generals, Attorney's Fees, Birth Defects, Cancer

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Is your promotion discriminatory in California?

It might not occur to you to think about civil rights act compliance when planning an in-store or retail promotion – but that’s just what the state of California requires. The Unruh Civil Rights Act is a California statute that…more

Contests & Promotions, Discounts, Discrimination, Marketing, Retailers

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[Webinar] Overtime Law 2016 – Expanded New Rule: What It Means for You - June 1st, 12:00pm CST

On May 18, 2016, the U.S. Department of Labor issued a final rule updating the overtime regulations under the Fair Labor Standards Act. The new rule increases the salary threshold for workers to qualify as exempt from overtime…more

DOL, FLSA, Over-Time, Wage and Hour, Webinars

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Supreme Court Upholds ERISA Plan’s Statute of Limitations

Yesterday, in Heimeshoff v. Hartford Life & Accident Insurance Co. the United States Supreme Court upheld the enforceability of an ERISA-plan provision providing: Legal action cannot be taken against The Hartford . . …more

ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co., SCOTUS, Statute of Limitations

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TC's inside IP - Summer 2013: Federal District Court Upholds DMCA Safe Harbor for YouTube

On April 18, 2013, the United States District Court for the Southern District of New York upheld the Digital Millennium Copyright Act (“DMCA”) safe harbor protection for YouTube following a remand from the Second Circuit in a…more

Copyright, Copyright Infringement, DMCA, Infringement, Safe Harbors

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Contact

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