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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Education malpractice and student litigation: How to assess claims

This post is the second in our three-part series on recent legal authority addressing the educational malpractice doctrine. We are examining this authority through the lens of “lessons learned,” and discussing methods for…more

Education Malpractice, Educational Institutions, Misrepresentation, Negligence, Students

See All Updates »

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

See All Updates »

Appraisals for commercial lease extensions: A step-by-step guide

It’s near the end of your commercial lease, and the tenant jumped through all of the hoops (which are strictly enforced) to extend the term for another five years. Previously, the rent was not an issue; the tenant paid minimum…more

Appraisal, Commercial Leases, Commercial Tenants, Extensions, Landlords

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

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 »

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

See All Updates »

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

See All Updates »

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

See All Updates »

[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

See All Updates »

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

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

See All Updates »

[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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Major Update to Bankruptcy Forms Effective December 1, 2015

On December 1, 2015, the Official Forms for use in bankruptcy courts will be updated. The changes were made as part of a forms modernization effort. Almost all of the Official Forms are being updated, including the bankruptcy…more

Bankruptcy Court, Forms, Mortgages, Proof of Claims, Reporting Requirements

See All Updates »

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

See All Updates »

Comprehensive Care for Joint Replacement: CMS adopts mandatory approach to payment reform

On July 9, 2015, the Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule that seeks to implement a mandatory episode-based payment model for lower extremity joint replacement (and reattachment) care in…more

Alternative Payment Models (APM), Anti-Kickback Statute, BPCI, CCJR, CMS

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

DOL Proposed Rules Limit Overtime Exemptions

Last week, the United States Department of Labor issued its long-awaited proposed rules to broaden entitlement to overtime pay and restrict the “white collar” exemptions by increasing the minimum salary thresholds for overtime…more

DOL, Exempt-Employees, Minimum Salary, Non-Exempt Employees, Over-Time

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

[Webinar] Gainful Employment – Managing (and Challenging) the New GE Disclosures - March 10th, 1pm Central Time

In our final webinar, we’ll revisit the GE disclosure requirements presently in effect, then segue into a discussion of the new information that institutions will be required to disclose beginning January 2017 (e.g., pCDR…more

Continuing Legal Education, Disclosure Requirements, Educational Institutions, Gainful Employment, Webinars

See All Updates »

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

See All Updates »

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

See All Updates »

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 »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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 »

Chemical Safety Board investigator outlines discoveries from West Fertilizer, Charleston water incidents

A fertilizer plant surrounded by homes, schools, and a hospital. A chemical tank that was externally examined but not drained of liquid for a more thorough inspection. These were some of the factors that contributed to two…more

Chemical Safety Board, Chemicals, Contaminated Properties, Contamination, EPA

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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 »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

What’s next for class action defendants after Tyson Foods?

The U.S. Supreme Court on March 22 handed down a decision in Tyson Foods, Inc. v. Bouaphakeo. Tyson is perhaps the most anticipated class action decision since the high court’s 2013 ruling in Comcast v. Behrend. But far from…more

Admissible Evidence, Calculation of Damages, Class Action, Class Certification, Doffing

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Electronic marketing’s Internet twist: Use e-mail, not faxes or texts

The name of the CAN-SPAM Act scares some people. They think it severely regulates, or maybe even prohibits, e-mail marketing. In a somewhat surprising twist of Internet law, however, e-mail marketing is less heavily regulated…more

Anti-Spam Legislation, CAN-SPAM Act, Canada, CASL, Email

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

5 ugly truths about patent litigation

Like the namesake for this blog, goats (despite the Internet’s recent affection for them) can be stubborn, less than attractive animals. And along with the horns, beards, and googly eyes, they can pack a mean punch if you cross…more

IP Litigation, Litigation Fees & Costs, Patent Infringement, Patent Litigation, Patent Trolls

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

What You Need to Know About Federal Trade Secret Protection

On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama is expected to promptly sign. The DTSA has been described as the most significant expansion of federal law in intellectual property…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Pending Legislation

See All Updates »

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 »

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

See All Updates »

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

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

See All Updates »

[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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

California Ups the Ante on Minimum Wages: Is Your Organization Affected?

California is at it again, this time leading the charge to raise minimum wages. Minimum Wages Increases - On April 4, 2016, Governor Brown signed into law SB 3, increasing California’s minimum wage to $15 per hour by…more

Jerry Brown, Minimum Wage, Wage and Hour

See All Updates »

#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

See All Updates »

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

See All Updates »

Eight things we learned from the Detroit bankruptcy

Detroit’s historic trip through Bankruptcy Court ended in December 2014 with the confirmation of the City’s Plan of Adjustment, which trimmed $7 billion in debt from the city’s balance sheet and promised improved resident…more

Detroit, Municipal Bankruptcy, Municipalities

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Contact

One U.S. Bank Plaza
St. Louis, Missouri 63101-1611, United States

  • 314-552-6000
  • 314-552-7000

Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Illinois
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×