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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[Webinar] Cloud Computing Series – eDiscovery - October 26th, 12:00p.m. CT

As cloud providers grow and more information is being stored in “the cloud,” it is important to consider the risks and benefits when confronted with litigation. This webinar presentation will examine litigation and eDiscovery…more

Cloud Storage, Continuing Legal Education, Data Privacy, Discovery, Discovery Disputes

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Higher ed braces for flood of lawsuits over retirement plans

Numerous colleges and universities sponsor retirement plans—both defined benefit (DB) and defined contribution (DC)—to provide retirement income security for their employees. But recently a number of higher education…more

401k, 403(b) Plans, Breach of Duty, Colleges, Defined Benefit Plans

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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, Limited Liability Company (LLC)

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IRS releases updated safe harbors for management contracts in tax-exempt bond-financed projects

On August 22, 2016, the Internal Revenue Service released Revenue Procedure 2016-44. The purpose of this revenue procedure is to provide revised and broader “safe harbors” under which certain private management contracts will…more

501(c)(3), Compensation, IRS, Management Contracts, Safe Harbors

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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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Analysis of sugar industry documents may impact litigation

Litigation targeting products that contain added sugar is on the rise, and plaintiffs’ attorneys are expanding their playbook. In a recent class action against cereal producer General Mills, Inc., in the Northern District of…more

Manufacturers, RICO, Tobacco

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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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Valuation of affordable housing projects in bankruptcy – a muddied landscape

Just when courts appeared to be developing a consensus on how to value affordable housing projects in bankruptcy, an opinion from the 9th Circuit Court of Appeals has muddied the landscape. In In re Sunnyslope Housing Ltd…more

Affordable Housing, Appeals, Chapter 11, HUD, LIHTC

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Updated FSIS guidance on raising animal label claims: What agribusinesses need to know

Primary responsibility for ensuring the truthfulness of labels on meat, poultry, and egg products resides with the Food Safety and Inspection Service (FSIS). The FSIS is the public health agency of the U.S. Department of…more

Department of Agriculture, Food Labeling, Food Manufacturers, Food Safety, Public Health

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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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In new litigation, Amazon takes a stronger stance on counterfeit products

Amazon is taking a new aggressive stance against counterfeiters who use its marketplace — a sign that the massive online retailer’s tactics toward rights-holders may be turning from frustration to friendship. In two suits…more

Amazon, Counterfeiting

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‘I’m yours … and yours’: California Supreme Court puts restrictions on ‘dual agents’

The California Supreme Court just closed a loophole as to whether a salesperson’s duties to a buyer in a real estate transaction – when that salesperson’s broker is acting as a “dual agent” – includes the duty to learn and…more

Appeals, Brokers, CA Supreme Court, Dual Agency Disclosure, Escrow Accounts

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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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A reminder about changes to tenant security deposits in Missouri

Missouri has a new law regarding tenant security deposits that will prompt a change in practice for most multi-family owners, developers and property managers…more

HUD, Landlord and Tenant Acts, Landlords, Security Deposits, Tenants

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New actions based on ‘nothing artificial’ labels may be halted as FDA redefines ‘natural’

I previously wrote about Thornton v. Pinnacle Foods Group LLC, No. 4:16-CV-00158-JAR, in which the Eastern District of Missouri refused to dismiss a consumer fraud claim based on “nothing artificial” labels on boxes of Duncan…more

All Natural, Consumer Fraud, FDA, Food Labeling, Food Manufacturers

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Do you need a Section 404 permit for your real estate development?

Real estate developers recognize the importance of obtaining a Phase I environmental site assessment to review existing environmental site conditions. However, other conditions — creeks, streams, ditches or other water features…more

Civil Monetary Penalty, Clean Water Act, Environmental Site Assessment, EPA, General Permit

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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 (IPR) Proceeding

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Analysis of sugar industry documents may impact litigation

Litigation targeting products that contain added sugar is on the rise, and plaintiffs’ attorneys are expanding their playbook. In a recent class action against cereal producer General Mills, Inc., in the Northern District of…more

Manufacturers, RICO, Tobacco

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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] Life Insurance to Fund Buyouts or Loss of a Key Person: Practical Ways to Avoid Tax Traps and Other Pitfalls - September 29th, 12:00pm CT

Life insurance can help a business that loses an owner or other key person. Although life insurance death benefits can be tax-free, part or all of the benefits are taxable if not done the right way. Please join Steven B. Gorin…more

Business Ownership, Continuing Legal Education, Death Benefits, Life Insurance, Popular

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Court rejects contractor’s mechanic’s lien because of ‘intent’

The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as…more

Appeals, Construction Contracts, Construction Industry, Development Agreements, Land Owners

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Why donor advised funds are useful for year-end charitable giving

Donor advised funds are endowment-like funds that are operated by public charities. When a donor makes a gift to a donor advised fund, a separate fund is created for the donor by the public charity that holds the fund. With…more

Charitable Deductions, Charitable Donations, Donor-Advised Funds (DAFs), Tax Reform

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[Webinar] Cloud Computing Series – eDiscovery - October 26th, 12:00p.m. CT

As cloud providers grow and more information is being stored in “the cloud,” it is important to consider the risks and benefits when confronted with litigation. This webinar presentation will examine litigation and eDiscovery…more

Cloud Storage, Continuing Legal Education, Data Privacy, Discovery, Discovery Disputes

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A reminder about changes to tenant security deposits in Missouri

Missouri has a new law regarding tenant security deposits that will prompt a change in practice for most multi-family owners, developers and property managers…more

HUD, Landlord and Tenant Acts, Landlords, Security Deposits, Tenants

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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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[Webinar] Proposed Elimination of Arbitration Clauses (Proposed Borrower Defense Rule Series) - September 7th, 12:00pm CST

The third webinar in our series will examine the proposed elimination of arbitration clauses in agreements between students and institutions. We will discuss the particulars of the proposal, to include the potential impact on…more

Arbitration Agreements, Borrower Defense Rule, Colleges, Continuing Legal Education, Student Loans

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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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California real estate: Change the ownership, increase the tax

In 1978, Proposition 13 was added to the California State Constitution limiting increases in assessed value of real property to help California real property owners, particularly retirees, from suffering drastic increases in…more

Property Tax, Proposition 13, Real Estate Transfers

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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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[Webinar] Business Planning in Light of Proposed Regulations under Code § 2704 - October 27th, 12:00p.m. CT

In this webinar, Steve Gorin, the author of his quarterly newsletter, will discuss the proposed regulations under IRC § 2704 that would increase the valuation of business entities in many cases. Attendees will learn when the…more

Business Taxes, Business Valuations, Buy-Sell Agreements, Continuing Legal Education, Estate Planning

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OCR: No privacy breach is too small

The Office for Civil Rights (OCR) HIPAA enforcement efforts are continuing to increase. This year, the OCR has already announced 10 HIPAA enforcement actions involving fines, which is a 67 percent increase from last year and has…more

Business Associates, Covered Entities, Data Breach, Electronic Medical Records, Enforcement Actions

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Are HR employees ‘investment advisors’ under the DOL’s fiduciary rule?

In April 2016, the Department of Labor promulgated final regulations that fundamentally changed the ERISA fiduciary rules governing advisors to retirement income investors. Though the rule is final, the new provisions affecting…more

401k, Benefit Plan Sponsors, Corporate Counsel, DOL, Donald Trump

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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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Home Depot directors prevail in cybersecurity liability claim

In our November 15, 2016, blog post, “Cybersecurity liability: Delaware has good news for directors,” we discussed an influential case that, while not directly dealing with cybersecurity, outlined the duty of oversight that…more

Cybersecurity, Data Security, Hackers, Home Depot

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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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California real estate: Change the ownership, increase the tax

In 1978, Proposition 13 was added to the California State Constitution limiting increases in assessed value of real property to help California real property owners, particularly retirees, from suffering drastic increases in…more

Property Tax, Proposition 13, Real Estate Transfers

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[Webinar] Hot Topics in Welfare Benefits - September 20th, 12:00pm CST

Ever since the passage of health care reform, the applicable government agencies (IRS, DOL, EEOC and HHS) have been actively working to provide new and updated regulations and other guidance governing various aspects of health…more

Affordable Care Act, Continuing Legal Education, Disclosure Requirements, DOL, EEOC

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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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In new litigation, Amazon takes a stronger stance on counterfeit products

Amazon is taking a new aggressive stance against counterfeiters who use its marketplace — a sign that the massive online retailer’s tactics toward rights-holders may be turning from frustration to friendship. In two suits…more

Amazon, Counterfeiting

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Mandatory arbitration agreements in long-term care facilities: A thing of the past...or not?

Effective Nov. 28, 2016, the Centers for Medicare & Medicaid Services (CMS) will prohibit the use of pre-dispute arbitration agreements by long-term care facilities. After the effective date of this rule, long-term care…more

Arbitration Agreements, CMS, Long Term Care Facilities, Mandatory Arbitration Clauses

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What you need to know about the Approximate Retail Value ‘ARV’ in Sweepstakes and Contests

Virturally all official rules for sweepstakes or contests in the United States include the Approximate Retail Value (ARV) of each prize. In fact, many state laws and other regulations require that the ARV be included in the…more

Fair Market Value, Income Taxes, MSRP, Sponsors, 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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Top 10 rules for compliant non-qualified deferred compensation

By Lori Jones Internal Revenue Code Section 409A regulates nonqualified deferred compensation (NQDC) plans and arrangements, which are commonly used to provide supplemental compensation to key executives. Complying with Section…more

Deferred Compensation, Executive Compensation, Income Taxes, Internal Revenue Code (IRC), IRS

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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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What you need to know about the new EU-U.S. data transfer pact

In October 2015, the Court of Justice of the European Union (“CJEU”), in its Schems decision, struck down protections afforded by the 2000 CJEU “Safe Harbor Decision.” The Safe Harbor framework had established a system by which…more

CJEU, Data Protection, EU, EU-US Privacy Shield, FTC

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Private equity’s top ten issues for the next president

Many of the issues on the next President’s plate have unique resonance within the private equity world. Here is our list of the top ten private equity issues that the new President and Congress may tackle in the upcoming year..…more

Accredited Investors, Capital Gains, Capital Raising, Dodd-Frank, Enforcement

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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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Missouri Supreme Court resets the rules for collecting leaking underground storage tank cleanup costs in litigation

An impactful decision from the Missouri Supreme Court will likely affect how leaking underground storage tank (“UST”) owners collect cleanup costs from the Petroleum Storage Tank Insurance Fund (“Fund”) in the future…more

Cleanup Doctrine, Compensatory Damages, MI Supreme Court, Negligence, Punitive Damages

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Are you ready for Section 1557’s notice requirements?

This is a reminder that beginning October 16, 2016, Covered Entities (as defined below) are required to comply with certain notice requirements under Section 1557 of the Affordable Care Act (“ACA”). Section 1557 of the ACA…more

Affordable Care Act, Anti-Discrimination Policies, Covered Entities, Health Care Providers, HHS

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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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Key considerations for representation and warranty insurance

The allocation of risk through representations and warranties and the accompanying indemnification obligations is a primary source of contention in almost every private merger and acquisition transaction. Buyers aim to negotiate…more

Acquisitions, Competitive Bidding, Deductions, Indemnification, Mergers

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Was that trader really 'spoofing'? Focus on the statute’s words, not the regulator’s claims

Can trading pursuant to an algorithmic program properly be found to constitute “spoofing” in violation of CEA Section 4c(a)(5)(C): What constitutes “the intent to cancel the bid or offer before execution”?…more

Algorithmic Trading, CFTC, Commodities, Commodities Exchange Act, Congressional Intent

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Has consolidation made egg and poultry industry ripe for the plucking?

Which came first: the chicken or the egg? We may never know the answer to this age-old question. But when it comes to allegations of price-fixing in the poultry and egg industries, at least, the answer appears to be the egg…more

Antitrust Litigation, Food Manufacturers, Price-Fixing, Sherman Act

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Developments in aircraft and marine finance for 2016

As is the case with other transportation assets, the legal considerations for aircraft and vessel finance providers (FPs) include an amalgam of state, federal and international laws. Summarized below are some of the more…more

Aircraft, Aircraft Financing, Aviation Industry, Digital Signature Standards, EPA

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[Webinar] The Elimination of Pre-Dispute Arbitration Clauses and the New Repayment Rates for Proprietary Schools - Dec. 8th,12pm CT

The fourth webinar in our "Decoding the FINAL Borrower Defense Rule" series will examine the ban on pre-dispute arbitration agreements and class action waivers. We’ll discuss the impact of these rules on past and future…more

Borrower Defense Rule, Class Action, Colleges, Continuing Legal Education, Educational Institutions

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Doing business in California or the UK? You may be required to be a watchdog for human trafficking

According to the U.S. Department of Health and Human Services, “After drug dealing, trafficking of humans is tied with arms dealing as the second largest criminal industry in the world, and is the fastest growing.” As defined…more

Human Trafficking, Slavery, Supply Chain, Transparency in Supply Chains Act

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Did you consider the COBRA implications of your severance arrangement?

Employers frequently want to provide subsidized health coverage in connection with an employee’s severance or a reduction-in-force. In a classic case that proves the maxim ‘no good deed goes unpunished,’ the failure to address…more

COBRA, Health Insurance, Severance Agreements

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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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[Webinar] Cloud licensing and health care data: Know the risks, learn the solutions - July 27th, 12:00pm CT

As identity theft and malicious attacks against clinical providers increase, more and more health care data is stored in the digital cloud. The health care industry is required to take special precautions when licensing…more

Cloud Computing, Data Privacy, Data Security, FTC, Health Care Providers

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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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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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New Illinois law prohibits non-competition agreements with low-wage employees

In a rare move, the Illinois legislature has enacted new legislation establishing a clear rule invalidating non-compete agreements for certain employees. Effective January 1, 2017, employers are prohibited from entering into…more

Corporate Counsel, Freedom To Work Act, Low-Wage Workers, Minimum Wage, New 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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Missouri expands project delivery options for public works projects

The State of Missouri recently joined a majority of states allowing political subdivisions to make use of design-build and construction manager-at-risk contracts for public works projects. The new law, signed on July 1, 2016,…more

Construction Project, Design-Bid-Build, Design-Build, Project Delivery Methods, Public Projects

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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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Key considerations for representation and warranty insurance

The allocation of risk through representations and warranties and the accompanying indemnification obligations is a primary source of contention in almost every private merger and acquisition transaction. Buyers aim to negotiate…more

Acquisitions, Competitive Bidding, Deductions, Indemnification, Mergers

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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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Missouri expands project delivery options for public works projects

The State of Missouri recently joined a majority of states allowing political subdivisions to make use of design-build and construction manager-at-risk contracts for public works projects. The new law, signed on July 1, 2016,…more

Construction Project, Design-Bid-Build, Design-Build, Project Delivery Methods, Public Projects

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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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IRS releases updated safe harbors for management contracts in tax-exempt bond-financed projects

On August 22, 2016, the Internal Revenue Service released Revenue Procedure 2016-44. The purpose of this revenue procedure is to provide revised and broader “safe harbors” under which certain private management contracts will…more

501(c)(3), Compensation, IRS, Management Contracts, Safe Harbors

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Industry custom evidence held admissible in CA product liability case based on defective design

A recent California appellate decision, Kim v. Toyota Motor Corp, if upheld by the California Supreme Court, could change the landscape in the admissibility of industry custom and practice evidence in strict products liability…more

Design Defects, Negligence, Strict Liability, Toyota

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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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9th Circuit opens door to damages against retailers carrying infringing works

One of the attractions of copyright law is that copyright owners can recover substantial damages (which can go up to $150,000 in cases of willful infringement) without having to prove actual losses. But generally these…more

Copyright, Copyright Infringement, Photographs, Popular, Statutory Damages

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Make college great again: Higher education in the Trump era

Much has already been written about President-elect Donald Trump’s unanticipated victory and the GOP retention of Congress last week. But what should the nation’s institutions of higher education — and the students they serve —…more

Borrowers, Debt, Donald Trump, Endowment Funds, Gainful Employment

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In new litigation, Amazon takes a stronger stance on counterfeit products

Amazon is taking a new aggressive stance against counterfeiters who use its marketplace — a sign that the massive online retailer’s tactics toward rights-holders may be turning from frustration to friendship. In two suits…more

Amazon, Counterfeiting

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Trump Skittles tweet illustrates photo copyright hazards

Even Halloween candy and political messages can implicate copyright law, as Donald Trump Jr.’s Skittles tweet illustrates. Back in September, Trump sent a tweet incorporating a photograph of a bowl of Skittles entitled,…more

Copyright Infringement, DMCA, Donald Trump, Photographs, Takedown Notices

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[Webinar] A Tough Act to Follow: How to Comply with the Complex Trade Agreement Act - October 5th, 12:00pm CST

The Trade Agreements Act, the related Federal Acquisition Regulation clause, and the requirements they place on Government contractors create a complex area of Government procurement, and recently the Government has placed a…more

Compliance, Continuing Legal Education, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems

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Due diligence checklist for commercial real estate acquisitions

Due diligence is a comprehensive, complex, and critical stage in any commercial real estate acquisition. You don’t want to leave any stone uncovered, and you want the most time available to review all documents and look for any…more

Acquisitions, Commercial Real Estate Market, Due Diligence, Land Sale Contract

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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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Unpaid construction work? Stay calm – and make sure every word of your mechanics lien is accurate

Not getting paid infuriates most contractors and material suppliers. Don’t let that anger cause you to make a bad situation worse by overdoing a mechanics lien. By the time a contractor reaches the point of recording a mechanics…more

Attorney's Fees, Construction Contracts, Construction Industry, Mechanics Lien, Pleadings

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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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Missouri expands project delivery options for public works projects

The State of Missouri recently joined a majority of states allowing political subdivisions to make use of design-build and construction manager-at-risk contracts for public works projects. The new law, signed on July 1, 2016,…more

Construction Project, Design-Bid-Build, Design-Build, Project Delivery Methods, Public Projects

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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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Industry custom evidence held admissible in CA product liability case based on defective design

A recent California appellate decision, Kim v. Toyota Motor Corp, if upheld by the California Supreme Court, could change the landscape in the admissibility of industry custom and practice evidence in strict products liability…more

Design Defects, Negligence, Strict Liability, Toyota

See All Updates »

Copyright Office changes procedures for DMCA agent designations

If users ever post anything on a website you operate, you need to protect yourself from any copyright infringement they commit. And a new rule just enacted by the Copyright Office imposes a few new hoops and hurdles for that…more

Copyright, Copyright Infringement, Copyright Office, DMCA, Websites

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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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Debate growing over preemption of state claims over organic produce labeling

Recently, the Eastern District of New York held that the Organic Foods Production Act of 1990 (7 U.S.C §§ 6501–6522) preempts various state claims that Abbott Laboratories, Inc. falsely labeled its Similac® Advance® Organic…more

Aurora, CA Supreme Court, Food Labeling, Food Manufacturers, Organic

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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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Was that trader really 'spoofing'? Focus on the statute’s words, not the regulator’s claims

Can trading pursuant to an algorithmic program properly be found to constitute “spoofing” in violation of CEA Section 4c(a)(5)(C): What constitutes “the intent to cancel the bid or offer before execution”?…more

Algorithmic Trading, CFTC, Commodities, Commodities Exchange Act, Congressional Intent

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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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U.K. now requires supply chain transparency on human trafficking risks

In Part I of our two-part series, we discussed the worldwide issue of modern-day slavery and the California response. In this second part, we discuss the latest response in the United Kingdom. The United Kingdom Modern…more

Human Trafficking, Modern Slavery Act, New Legislation, Section 54, Slavery

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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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Election results widen gulf between federal v. state regulation of cannabis

Legal cannabis programs continue to spread to more states with every election cycle. On Nov. 8, 2016, Arkansas, Florida, Montana and North Dakota passed laws legalizing cannabis for medical uses, while California, Nevada, Maine…more

Controlled Substances Act, DEA, Decriminalization of Marijuana, Election Results, FDA

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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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11th Circuit better defines FTC’s ‘Unfair’ standard – The details are in the damage

In November 2016, the Court of Appeals for the 11th Circuit stayed a Federal Trade Commission (“FTC”) Final Order enforcing a complaint against LabMD related to the exposure of customer data. In the process of issuing the stay,…more

ALJ, Cybersecurity, Data Security, FTC, FTC Act

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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] A Tough Act to Follow: How to Comply with the Complex Trade Agreement Act - October 5th, 12:00pm CST

The Trade Agreements Act, the related Federal Acquisition Regulation clause, and the requirements they place on Government contractors create a complex area of Government procurement, and recently the Government has placed a…more

Compliance, Continuing Legal Education, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems

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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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Copyright Office changes procedures for DMCA agent designations

If users ever post anything on a website you operate, you need to protect yourself from any copyright infringement they commit. And a new rule just enacted by the Copyright Office imposes a few new hoops and hurdles for that…more

Copyright, Copyright Infringement, Copyright Office, DMCA, Websites

See All Updates »

Make college great again: Higher education in the Trump era

Much has already been written about President-elect Donald Trump’s unanticipated victory and the GOP retention of Congress last week. But what should the nation’s institutions of higher education — and the students they serve —…more

Borrowers, Debt, Donald Trump, Endowment Funds, Gainful Employment

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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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Managers of insolvent Missouri LLCs have no fiduciary duty to creditors

Two recent federal court decisions establish that managers of financially troubled Missouri limited liability companies do not owe a fiduciary duty to creditors of their troubled enterprises. Imperial Zinc Corp. v. Engineered…more

Creditors, Fiduciary Duty, Insolvency, Limited Liability Company (LLC), Managers

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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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Texas overtime ruling directly affects California employers

California employers are directly affected by a decision of a federal district court in Texas enjoining the implementation of the Department of Labor (DOL) minimum salary guideline for employees. State of Nevada v. U.S. Dept. of…more

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

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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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[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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Missouri Supreme Court resets the rules for collecting leaking underground storage tank cleanup costs in litigation

An impactful decision from the Missouri Supreme Court will likely affect how leaking underground storage tank (“UST”) owners collect cleanup costs from the Petroleum Storage Tank Insurance Fund (“Fund”) in the future…more

Cleanup Doctrine, Compensatory Damages, MI Supreme Court, Negligence, Punitive Damages

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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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New Illinois law prohibits non-competition agreements with low-wage employees

In a rare move, the Illinois legislature has enacted new legislation establishing a clear rule invalidating non-compete agreements for certain employees. Effective January 1, 2017, employers are prohibited from entering into…more

Corporate Counsel, Freedom To Work Act, Low-Wage Workers, Minimum Wage, New Legislation

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Title IX and due process: ED tells Wesley that accused student not treated fairly

In a rare move, the Department of Education announced on October 12, 2016, its determination that Wesley College in Delaware had violated Title IX by failing to provide appropriate procedural protections to a student accused of…more

Colleges, DOE, Due Process, OCR, Students

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Do you need a Section 404 permit for your real estate development?

Real estate developers recognize the importance of obtaining a Phase I environmental site assessment to review existing environmental site conditions. However, other conditions — creeks, streams, ditches or other water features…more

Civil Monetary Penalty, Clean Water Act, Environmental Site Assessment, EPA, General Permit

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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

See All Updates »

Proposed Bayer-Monsanto merger presents a charitable planning opportunity

The announcement of the Bayer-Monsanto transaction gives shareholders a great opportunity to think about taxes and charitable planning options. Shareholders have seen a $10-$15/share bump since May, and the current price…more

Bayer, Charitable Donations, Monsanto, Shareholders, Stocks

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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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Home Depot directors prevail in cybersecurity liability claim

In our November 15, 2016, blog post, “Cybersecurity liability: Delaware has good news for directors,” we discussed an influential case that, while not directly dealing with cybersecurity, outlined the duty of oversight that…more

Cybersecurity, Data Security, Hackers, Home Depot

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California expands pay equity, limits pay stub requirements

Employers with employees or facilities in California should take note of several recent employment laws signed by California Governor Jerry Brown in recent months…more

Anti-Discrimination Policies, Gender Neutral, Jerry Brown, Labor Code, Minimum Salary

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Copyright Office changes procedures for DMCA agent designations

If users ever post anything on a website you operate, you need to protect yourself from any copyright infringement they commit. And a new rule just enacted by the Copyright Office imposes a few new hoops and hurdles for that…more

Copyright, Copyright Infringement, Copyright Office, DMCA, Websites

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D.C. Court of Appeals checks, then balances CFPB’s power

A cornerstone of the Dodd-Frank Wall Street Reform and Consumer Protection Act was the creation of the Consumer Financial Protection Board (“CFPB”). The CFPB, as envisioned by the legislation, would be the independent executive…more

Appeals, CFPB, Consumer Protection Act, Dodd-Frank, Enforcement Authority

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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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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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Two non-conventional uses for Missouri’s new receivership statute

Missouri’s new receivership statute became effective on August 28, 2016. The new statute, called the Missouri Commercial Receivership Act (or “MCRA”) and codified at Chapter 515 of the Missouri Revised Statutes, provides a much…more

Automatic Stay, Bankruptcy Code, Creditors, Debtors, Farms

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In new litigation, Amazon takes a stronger stance on counterfeit products

Amazon is taking a new aggressive stance against counterfeiters who use its marketplace — a sign that the massive online retailer’s tactics toward rights-holders may be turning from frustration to friendship. In two suits…more

Amazon, Counterfeiting

See All Updates »

IRS issues new rules for 'closed' defined benefit plans

At the end of January, the Internal Revenue Service issued new proposed regulations for so-called “closed” or “frozen” defined benefit plans. The purpose of these regulations is to help plan sponsors satisfy the…more

Benefit Plan Sponsors, Defined Benefit Plans, Grandfathered Status, Internal Revenue Code (IRC), IRS

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Analysis of sugar industry documents may impact litigation

Litigation targeting products that contain added sugar is on the rise, and plaintiffs’ attorneys are expanding their playbook. In a recent class action against cereal producer General Mills, Inc., in the Northern District of…more

Manufacturers, RICO, Tobacco

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New Prop 65 warning rules impose additional burdens on California businesses

The California Office of Environmental Health Hazard Assessment (OEHHA), the lead Proposition 65 enforcement agency, recently adopted new Prop 65 regulations. (Title 27, California Code of Federal Regulations, Article 6). The…more

Amended Regulation, Civil Monetary Penalty, Enforcement Actions, Manufacturers, OEHHA

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A reminder about changes to tenant security deposits in Missouri

Missouri has a new law regarding tenant security deposits that will prompt a change in practice for most multi-family owners, developers and property managers…more

HUD, Landlord and Tenant Acts, Landlords, Security Deposits, Tenants

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

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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

See All Updates »

Are HR employees ‘investment advisors’ under the DOL’s fiduciary rule?

In April 2016, the Department of Labor promulgated final regulations that fundamentally changed the ERISA fiduciary rules governing advisors to retirement income investors. Though the rule is final, the new provisions affecting…more

401k, Benefit Plan Sponsors, Corporate Counsel, DOL, Donald Trump

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Managers of insolvent Missouri LLCs have no fiduciary duty to creditors

Two recent federal court decisions establish that managers of financially troubled Missouri limited liability companies do not owe a fiduciary duty to creditors of their troubled enterprises. Imperial Zinc Corp. v. Engineered…more

Creditors, Fiduciary Duty, Insolvency, Limited Liability Company (LLC), Managers

See All Updates »

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