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The Audit's Done, And We Need To Reclassify – Now What?

Let's assume you've done an internal audit, or one required by the Department of Labor, and found – as so many companies do – that certain titles/positions require reclassification from exempt to non-exempt under the Fair Labor…more

Audits, Compliance, DOL, Employer Liability Issues, FLSA

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Florida Legislature 2013 Pre-Session Report

The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in…more

Affordable Care Act, Citizens Property Insurance Corporation, Corporate Taxes, Healthcare, Medicaid

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Cuba Practice Update

Cuban Parliament Passes New Foreign Investment Law - On March 29, 2014, Cuba's 576-member National Assembly unanimously approved a measure designed to encourage foreigners to invest more than $2 billion a year in the…more

Cuba

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

OTC Markets Group (OTCQX: OTCM) (OTC Markets) has established new eligibility standards for companies to be able to trade on the OTCQB® Venture Stage Marketplace (the OTCQB). These new standards are aimed at improving…more

Equity Markets, Investors, OTC

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Self-Insured Group Health Plans: Two Deadlines to Note

As 2014 winds down, plan sponsors are likely thinking ahead to some of the significant changes that will take effect in 2015, most notably, the employer "pay or play" mandate under the ACA. However, there are two deadlines that…more

Affordable Care Act, Employee Benefits, Employer Group Health Plans, Employer Mandates, Healthcare

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Recent Trends in DOJ Investigations Against Major Financial Institutions Involving U.S. Economic Sanctions

With the imposition of billion-dollar fines against large financial institutions, the U.S. Department of Justice ("DOJ") is focusing on banks for not only failing to comply with federal laws, but also for willfully violating…more

Banking Sector, Banks, Corporate Counsel, Corporate Criminal Fines, DOJ

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M&A Brokers for Private Companies Need Not Register with the SEC

The staff of the SEC recently issued a no-action letter permitting an "M&A Broker" to advise on and be compensated in connection with the purchase and sale of a privately held company without registering as a broker-dealer under…more

Brokers, M&A Brokers, Privately Held Corporations, Registration, SEC

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OSHA Announces Whistleblower Protections Under The Affordable Care Act

The Affordable Care Act (ACA)'s whistleblower provisions may present a hazard for unsuspecting employers. On February 27, 2013, the Department of Labor's Occupational Safety and Health Administration (OSHA) released an interim…more

Adverse Employment Action, Affordable Care Act, FLSA, Healthcare, OSHA

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Financial Crimes Enforcement Network Issues GTO

Following the September 10, 2014 historic seizure of $100 million in cash from the execution of approximately 70 business search warrants in the Los Angeles Fashion District, the Financial Crimes Enforcement Network (FinCEN)…more

Financial Crimes, FinCEN, GTO, White Collar Crimes

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Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President…more

Anti-Corruption, Compliance, FCPA, Foreign Jurisdictions, White Collar Crimes

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President Obama Outlines Executive Action on Immigration

President Obama has ambitiously announced several executive actions that have the potential to impact undocumented immigrants, as well as employers, foreign national workers, and their spouses. While these efforts are focused on…more

Barack Obama, DACA, Deportation, DHS, Executive Orders

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Employee's Dishonesty About Facebook Posts Supports Defense To Retaliation Claim

A recent opinion out of the 10th Circuit Court of Appeals demonstrates the important role social media plays in labor and employment lawsuits. In Debord v. Mercy Health System of Kansas, Inc., a Kansas hospital was found not to…more

Affirmative Action, Facebook, False Statements, Retaliation, Sexual Harassment

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Approval of $1.375 million in EPA Fines Highlights Importance of Commercial Property Owners Complying with Environmental Reporting Obligations

On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of the…more

Clean Air Act, Clean Water Act, EPA, EPCRA, Fines

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New York's Highest Court Clarifies Taxpayer Criteria for Maintaining a Permanent Place of Abode

In a recent unanimous decision, the New York Court of Appeals determined that a taxpayer domiciled in New Jersey was not a New York resident because he did not maintain a permanent place of abode in the state. The Court…more

Domicile, Income Taxes, Residency Test

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Florida’s New LLC Act from the Lender’s Perspective

Last year, Florida Governor Rick Scott signed the Florida Revised Limited Liability Company Act (the New Act) into law. The New Act, which is codified in new Chapter 605 of the Florida Statutes, is a complete rewrite of the…more

Corporate Management, Creditors' Rights, Lenders, Limited Liability Companies, LLC

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Patient Records: Increasing Exposure for Privacy Breaches

Healthcare providers and businesses that store or process protected health information ("PHI") face increased scrutiny and significant fines for data privacy breaches and security lapses in the coming months…more

Popular

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New ACA Rules Could Require Broader Provider Networks

"If you like your doctor, you can keep your doctor." President Obama repeated this assurance to the American public numerous times, and the statement was prominently featured on the White House web site prior to and after…more

Affordable Care Act, CMS, Healthcare, Healthcare Reform, HMOs

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Deadline Extension to Elect Portability of Unused Estate Tax Exemption

Those who have been involved with an estate of a decedent who died in 2010, 2011, or 2012, should be aware of an important upcoming deadline. The IRS has granted an extension of time (only until December 31, 2014), to elect…more

Deadlines, Estate Tax, Estate-Tax Exemption, IRS

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Latin America & the Caribbean Practice Update

Puerto Rico Recent Developments - The three major credit rating agencies, Standard & Poor's, Moody's, and Fitch Ratings, downgraded the Commonwealth of Puerto Rico's debt to "junk" status during the first two weeks of…more

Bonds, Foreign Investment, Rating Agencies

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Should Background Checks Be On Your New Employee Checklist?

"Where there's Pepsi, there's music" … is a slogan from a Pepsi marketing campaign. No doubt the EEOC agrees – in 2012, Pepsi paid over $3 million to settle race discrimination claims and agreed to provide job offers and…more

Background Checks, Criminal Background Checks, EEOC, PepsiCo, Racial Discrimination

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Halliburton II: What Every Public Company Should Know About the Impact of this Decision on Securities Class Action Suits

On June 23, 2014, in Halliburton v. Erica P. John Fund, No. 13-317 (June 23, 2014) ("Halliburton II"), in an opinion authored by Justice Roberts, the Supreme Court unanimously declined to overturn its ruling in Basic v…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

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Supreme Court Update: Two Securities Law Decisions This Week, and Another to Come

The United States Supreme Court has taken a keen interest in the securities arena this current term, agreeing to hear at least three cases (of only approximately 70 in total). This week, the Supreme Court announced decisions in…more

Amgen, Amgen Inc. v Connecticut Retirement Plans, Chadbourne & Parke LLP v Troice, Civil Monetary Penalty, Class Action

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Coming Fall 2014: HHS Launches Permanent Audit Program

Beginning in the Fall of 2014, a substantial number of covered entities and business associates will receive a notification and data request from the Health and Human Services' (HHS) Office for Civil Rights (OCR). According to…more

Audits, Business Associates, Covered Entities, HHS, HIPAA

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IRS Modifies Offshore Voluntary Disclosure Program and Expands Streamlined Procedures

On June 18, 2014, the Internal Revenue Service (IRS) announced major changes to its 2012 Offshore Voluntary Disclosure Program (OVDP) and streamlined procedures. The modifications provide new options to help both taxpayers…more

Compliance, FATCA, IRS, Offshore Funds, OVDP

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The Affordable Care Act: A Timeline Of Important Dates

In the world of healthcare, the story that grabbed our headlines and attention the most this past year was, of course, the impact of the Affordable Care Act (ACA). As we move into 2014, we take a moment to look back at some of…more

Affordable Care Act, Healthcare

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Supreme Court Clarifies Procedure for Deciding Stern Claims in Bankruptcy Courts, But Leaves Big Questions Unresolved

Bankruptcy courts have jurisdiction over "core" and "non-core" proceedings. See 28 U.S.C. § 157. In "core" proceedings, bankruptcy courts can enter final judgments. See 28 U.S.C. § 157(b). In "non-core" proceedings, however,…more

Article III, Chapter 7, Commercial Bankruptcy, Executive Benefits Insurance Agency v. Arkison, Fraudulent Conveyance

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OIG's Rejection of Payments for Prescription Transfers Leaves Questions about Central Fill Pharmacy Arrangements.

The U.S. Department of Health & Human Services, Office of Inspector General (OIG) recently refused to bless a specialty pharmacy's request to pay a per-prescription fee to retail pharmacies for "support services" to be provided…more

Anti-Kickback Statute, Healthcare, HHS, OIG, Pharmacies

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Marijuana Use For Alleged Depression and Anxiety Can Still Get You Fired In Florida

There can be no doubt that Americans' views on the legality of marijuana use for both medicinal and recreational purposes has shifted over the past few years. A recent survey conducted by Fextel, Inc. and StPetePolls.org found…more

Hiring & Firing, Marijuana, Medical Marijuana, Termination

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NLRB Pushing for a Joint Employer Liability Model for Franchisors?

In a move that has caused great concern in the franchising industry, in pending cases filed by employees against McDonald's franchisees, the National Labor Relations Board (NLRB) has authorized the filing of complaints against…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, McDonalds

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Creating Best Practices for Your Family Office

The "family office" is back in vogue. The dramatic increase in wealth creation during the last thirty years has given rise to a new generation of Rockefellers, Mellons, and Phipps. Today, families with sufficient wealth –…more

Closely Held Businesses, Family Offices, Investment Management

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Your Digital Workplace: Pitfalls And Remedies For Employees' Internet Use

Computers are a doubled-edged sword — vital convenience for everyone while simultaneously a potential source of liability if used improperly by employees. Employers' liability has expanded to the point where an employer may be…more

Attorney-Client Privilege, Email, Email Policies, Employer Liability Issues, Facebook

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

OTC Markets Group (OTCQX: OTCM) (OTC Markets) has established new eligibility standards for companies to be able to trade on the OTCQB® Venture Stage Marketplace (the OTCQB). These new standards are aimed at improving…more

Equity Markets, Investors, OTC

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Cuba Practice Update

New National Poll Shows Broad Support for Overhaul of Cuba Policy - Akerman’s Pedro A. Freyre and Matthew D. Aho yesterday authored an opinion piece for the Washington D.C.-based Atlantic Council's Adrienne Arsht Latin…more

Cuba, Embargo, Foreign Policy, Travel

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Florida Board of Medicine Opts for Less Regulation of Office Surgical Procedures

The Florida Board of Medicine recently amended its office surgery rules to exclude numerous facilities, and providers who inadvertently may have been in violation of the previous rule requirements by not having registered their…more

Healthcare, Physicians

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Court Allows Counterclaim Against Whistleblower for Breach of Employment Agreement

A federal court in New Jersey has permitted a defendant in a False Claims case to defend itself on the grounds that the whistleblower/ex-employees breached their employment agreements by using and disclosing confidential company…more

Confidential Information, Confidentiality Agreements, Corporate Counsel, Counterclaims, Employer Liability Issues

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Department Of Health And Human Services Office Of Inspector General's FY 2014 Work Plan Identifies Security Of EHR Technology As New Focus

On January 31, 2014, the U.S. Department of Health and Human Services ("HHS") Office of Inspector General ("OIG") released its annual work plan. Not surprisingly, issues relating to Electronic Health Records ("EHRs") continue…more

Cybersecurity, Data Protection, EHR, Healthcare, HHS

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The Name of the Game Remains the Claim

In a long-awaited, patent-law ruling involving a computer-implemented system, the Supreme Court in Alice Corp. v. CLS Bank Int’l, No. 13–298, 2014 WL 2765283 (U.S. June 19, 2014) unanimously affirmed that the claims in that…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Florida’s New LLC Act from the Lender’s Perspective

Last year, Florida Governor Rick Scott signed the Florida Revised Limited Liability Company Act (the New Act) into law. The New Act, which is codified in new Chapter 605 of the Florida Statutes, is a complete rewrite of the…more

Corporate Management, Creditors' Rights, Lenders, Limited Liability Companies, LLC

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Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust over…more

Alimony, Contempt, Discretionary Trust, Distribution Rules, Divorce

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Fantasy Football's Impact on the Workplace

What do 31 million employees have in common? They all participate in at least one (in many cases more than one) Fantasy Football league! For those of you who are unfamiliar with what has become a national obsession, Fantasy…more

Corporate Culture, Fantasy Sports, Football, Popular

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Post-Myriad Strategies for Claiming Biotech Inventions in the United States

The United States Supreme Court recently ruled that genes or other naturally-occurring pieces of DNA are patent ineligible subject matter in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al. No…more

AMP v Myriad, Biotechnology, DNA, Inventions, Myriad

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Protests Of The Medicaid Managed Assistance ITN Recommended Awards

Pursuant to Section 409.966, Florida Statutes, traditional Medicaid services are to be provided to Florida recipients through a limited number of Managed Care Organizations ("MCOs") in the 11 Regions of the state. The Agency…more

Healthcare, MCOs, Medicaid

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ACO Participation By Tax-Exempt Healthcare Organizations – Is Tax-Exempt Financing at Stake?

Does A Tax-Exempt Healthcare Organization’s Participation in an Accountable Care Organization (ACO) Adversely Affect Its Tax-Exempt Financing? IRS Notice 2014-67 Provides Guidance…more

ACOs, Exempt Organizations, Healthcare, HHS, IRS

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IRS Changes Position on Non-Taxable IRA Rollover Contributions

The U.S. Tax Court recently decided that the one-per-year IRA rollover limitation in 26 U.S.C. § 408(d)(3)(B) applies in the aggregate to all of the taxpayer’s IRA accounts rather than separately to each of a taxpayer’s IRA…more

IRA, IRA Rollovers, Non-Taxable Income

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Talk Amongst Yourselves: HIPAA Does Not Preempt Florida Med Mal Presuit Authorization Law

The United States Court of Appeals for the Eleventh Circuit recently concluded that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not prevent the application of a Florida law requiring plaintiffs…more

Data Protection, EHR, HIPAA, Medical Malpractice, PHI

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Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President…more

Anti-Corruption, Compliance, FCPA, Foreign Jurisdictions, White Collar Crimes

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Securities and Exchange Commission Proposes Rules on Crowdfunding

Introduction - On October 23, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules to permit U.S. companies to offer and sell securities through crowdfunding in an effort to implement the…more

Crowdfunding, JOBS Act, SEC, Startups, Title III

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New Development Extension Opportunities Now Available

The Florida Legislature has provided numerous extensions for development permits and approvals over the past several years, which have typically required that the holder of the permit or approval provide notice to the issuing…more

Construction Contracts, Construction Workers, Contractors, Environmental Policies

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It's Never Too Late To Give Guidance: OCR Starts Releasing HIPAA Omnibus Rule Guidance In Anticipation Of September 23 Compliance Deadline

This has been a busy week for the Department of Health and Human Services / Office for Civil Rights (HHS/OCR). It has started releasing guidance on various provisions of the Omnibus HIPAA final rule (the "Final Rule") in…more

CLIA, Data Protection, HHS, HIPAA, HIPAA Omnibus Rule

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Deadline Extension to Elect Portability of Unused Estate Tax Exemption

Those who have been involved with an estate of a decedent who died in 2010, 2011, or 2012, should be aware of an important upcoming deadline. The IRS has granted an extension of time (only until December 31, 2014), to elect…more

Deadlines, Estate Tax, Estate-Tax Exemption, IRS

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SEC Signals Increased Attention to Cybersecurity Preparedness

As part of its increased attention to cybersecurity preparedness, the U.S. Securities and Exchange Commission's Office of Compliance Inspections and Examination (OCIE) recently announced it will perform cybersecurity…more

Audits, Broker-Dealer, Cybersecurity, Investment Adviser, OCIE

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U.S. Supreme Court holds Defense of Marriage Act Unconstitutional

The U.S. Supreme Court decided United States v. Windsor, No. 12 -307 on June 26 2013, holding section 3 of the Federal Defense of Marriage Act (DOMA) unconstitutional as it applies to valid marriages between same sex couples…more

Civil Unions, DOMA, Domestic Partnership, Jurisdiction, Marriage

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Employee Benefits Update: 2013 Year End Plan Tasks

As we approach the end of the year, employers and plan sponsors of qualified retirement plans and health and welfare plans should take time to meet various upcoming deadlines. Failure to comply with the deadlines may result in…more

401k, Affordable Care Act, Cafeteria Plans, COBRA, Deadlines

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New York Court of Appeals Reaffirms the Separate Entity Rule

On October 23, 2014, the New York Court of Appeals issued an opinion in Motorola Credit Corp. v. Standard Chartered Bank, --- N.E.3d ----, 2014 WL 5368774, 2014 N.Y. Slip Op. 07199 (N.Y. Oct. 23, 2014), reaffirming New York's…more

Banks, Debt, Foreign Banks, Judgment Creditors, Judgment Debtors

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Are Websites Places of Public Accommodation?

By now, most lawyers are aware that Title III of the ADA applies to activities of an entity whose operations "affect commerce" and is a "place of public accommodation" as defined by statute. 42 U.S.C. § 12181(7)(A)-(L)…more

ADA, DOJ, E-Commerce, Public Accommodation, Public Comment

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Aereo: Another View

In American Broadcasting Companies, Inc. v. Aereo, Inc. (June 25, 2014), the Supreme Court reversed the Second Circuit’s denial of a preliminary injunction against Aereo, finding Aereo liable for direct copyright infringement of…more

ABC v Aereo, Aereo, Copyright, Copyright Infringement, SCOTUS

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Social Media Policies — ALJ Disregards Guidance From NLRB General Counsel

If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: "The postings on this site are my own and don't necessarily represent the positions,…more

ALJ, Employee Rights, NLRB, Social Media Policy

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With This Ring, I Thee Confer Benefits... The Meaning Of "I Do"

Based upon an IRS determination which took effect last week, same-sex couples who enter into marriages in jurisdictions that recognize such marriages are now treated as married for federal tax purposes, regardless of whether the…more

Employee Benefits, IRS, Marriage, Same-Sex Marriage, U.S. Treasury

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Brownfield Legislation Passes 2014 Florida Legislative Session, Expanding Range of Redevelopment Tools

The Florida Legislature passed new Brownfield legislation in the 2014 legislative session that concluded in May 2014. The bill will be sent to Governor Rick Scott. If enacted into law, the legislation will expand the range of…more

Brownfield Properties, Contaminated Properties, Environmental Policies, New Legislation, Real Estate Development

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The Seventh Circuit Significantly Heightens the Bar for Proof in False Claims Act "Worthless Services" Cases

The United States Court of Appeals for the Seventh Circuit recently dealt a stinging blow to the False Claims Act (FCA) plaintiff's bar in United States ex. rel. Absher v. Momence Meadows Nursing Center, Inc. et al., Case Nos…more

Appeals, False Claims Act, Medicaid, Medicare, Whistleblowers

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The Supreme Court Rules in Favor of Broadcasters in American Broadcasting Companies v. Aereo, Inc.

On June 25, 2014, the Supreme Court issued a highly anticipated decision involving the latest clash of technology and copyright that marks a significant victory for television broadcasters. In American Broadcasting Companies v…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

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E-Cigarettes in the Workplace

Employers should be aware of the new electronic cigarette fad, and the need to address workplace policies accordingly. Electronic cigarettes, also known as e-cigarettes, are battery-powered devices that heat up…more

E-Cigarettes

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New York Court of Appeals Reaffirms the Separate Entity Rule

On October 23, 2014, the New York Court of Appeals issued an opinion in Motorola Credit Corp. v. Standard Chartered Bank, --- N.E.3d ----, 2014 WL 5368774, 2014 N.Y. Slip Op. 07199 (N.Y. Oct. 23, 2014), reaffirming New York's…more

Banks, Debt, Foreign Banks, Judgment Creditors, Judgment Debtors

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Florida Employers May (Still) Terminate Their Employees For Insubordination

In a legal environment where employers often feel the deck is stacked against them, it is good to know that Florida courts will support employers who do not discriminate, when they need to terminate an insubordinate employee. …more

Florida, Insubordination Policy, Racial Discrimination, Termination

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Florida Information Protection Act of 2014 - Florida Means Business When It Comes to Protecting Customers' Personal Information

On June 20, 2014, Governor Rick Scott signed into law the Florida Information Protection Act of 2014 ("FIPA"), which became effective July 1, 2014. FIPA expands the obligations of businesses and government entities that maintain…more

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Easier Than Ever to File Whistleblower Complaints

Whistleblowers covered by one of the 22 statutes administered by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) will now be able to file complaints online. Previously, workers could make…more

OSHA, Whistleblowers

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Thought Leaders: These Are "Turbulent," "Transitional" Times In Healthcare

The phrase "the only constant is change itself" has rarely been so true across an entire industry. The U.S. healthcare sector is having to adjust to rapidly changing times. That whirlwind of change was discussed by industry…more

Affordable Care Act, Healthcare, Healthcare Reform

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Proof of Claim Could Cost You Your Privilege - Bankruptcy Court Holds Attorney's Signature on Proof of Claim Form Renders Attorney a Fact Witness to Allegations in Proof of Claim, Waiving Attorney-Client and Work-Product Privileges

A properly filed proof of claim serves as prima facie evidence as to a claim's validity. But when this written statement is signed by a creditor's attorney, the court may find that the attorney has become a fact witness and that…more

Attorney-Client Privilege, Commercial Bankruptcy, Debtor-Creditor, Proof of Claims, Work Product Privilege

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Efforts to Stop Health Insurance Fraud Through Use of Contractors Under Fire

In recent reports, from June 25, 2014 and August 13, 2014, the Government Accountability Office (GAO) highlights the mixed results achieved by the federal government's increased efforts to crack down on health insurance fraud…more

Audits, GAO, Health Insurance, Healthcare Fraud, Medicaid

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Cuba Practice Update -- May 16, 2013

Law to Punish Companies with Cuba Ties Struck Down - Last week, the 11th U.S. Circuit Court of Appeals in Miami declared unconstitutional a 2012 Florida law intended to prevent foreign companies with ties to Cuba — or…more

Amended Legislation, Economic Development, Golf Courses

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Granting A Requested Job Transfer Can Be Considered An Adverse Employment Action

An employee who requested and was granted a lateral job transfer, and later sued for discrimination, was not precluded from claiming that the transfer was an "adverse employment action," according to a recent decision by the…more

Adverse Employment Action, Employee Transfers, Hiring & Firing, Reorganizations

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Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President…more

Anti-Corruption, Compliance, FCPA, Foreign Jurisdictions, White Collar Crimes

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Treasury Delays FATCA Deadlines by Six Months

On July 12, the Treasury Department issued Notice 2013-43, which provides a revised timeline for the Foreign Account Tax Compliance Act (FATCA). The FATCA withholding and reporting requirements will be delayed six months until…more

Deadlines, Delays, FATCA, FFI, GIIN

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CMS launches database of manufacturer and GPO payments to physicians

The Affordable Care Act contains a provision known as the Physician Payments Sunshine Act, which requires the Centers for Medicare and Medicaid Services (CMS) to establish a national databank containing information on the…more

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Halliburton II: What Every Public Company Should Know About the Impact of this Decision on Securities Class Action Suits

On June 23, 2014, in Halliburton v. Erica P. John Fund, No. 13-317 (June 23, 2014) ("Halliburton II"), in an opinion authored by Justice Roberts, the Supreme Court unanimously declined to overturn its ruling in Basic v…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

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U.S. Supreme Court holds Defense of Marriage Act Unconstitutional

The U.S. Supreme Court decided United States v. Windsor, No. 12 -307 on June 26 2013, holding section 3 of the Federal Defense of Marriage Act (DOMA) unconstitutional as it applies to valid marriages between same sex couples…more

Civil Unions, DOMA, Domestic Partnership, Jurisdiction, Marriage

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Employee Benefits Update: Recent Updates and Year End Tasks

As the end of the year approaches, employers and plan sponsors of certain retirement plans, health and welfare plans and deferred compensation arrangements have a number of year-end tasks and deadlines. Failure to comply with…more

Employee Benefits

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Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I…more

ASTM, CERCLA, Contaminated Properties, Due Diligence, Environmental Site Assessment

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Medical Marijuana – Latest Draft Regulations

Below is a summary of the changes made by the Florida Department of Health (DOH) to the draft rules to implement the Compassionate Medical Cannabis Act of 2014 (SB 1030)…more

Dispensaries, Marijuana, Medical Marijuana, Proposed Legislation

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Medical Devices To Be Taxed: Manufacturers and Importers Be Prepared

Beginning January 1, 2013, manufacturers, producers, and importers of medical devices must report and pay a 2.3% excise tax on the sales price of taxable medical device pursuant to Section 4191 of the Internal Revenue Code…more

Excise Tax, FDA, FDCA, Imports, IRS

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Creation of International Commercial Arbitration (ICA) Subsection

In an Administrative Order dated December 3, 2013, the Chief Administrative Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Honorable Bertila Soto, announced the creation of an International…more

Business Litigation, Complex Litigation, Dispute Resolution, International Arbitration, International Litigation

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Self-Insured Group Health Plans: Two Deadlines to Note

As 2014 winds down, plan sponsors are likely thinking ahead to some of the significant changes that will take effect in 2015, most notably, the employer "pay or play" mandate under the ACA. However, there are two deadlines that…more

Affordable Care Act, Employee Benefits, Employer Group Health Plans, Employer Mandates, Healthcare

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New York's Highest Court Clarifies Taxpayer Criteria for Maintaining a Permanent Place of Abode

In a recent unanimous decision, the New York Court of Appeals determined that a taxpayer domiciled in New Jersey was not a New York resident because he did not maintain a permanent place of abode in the state. The Court…more

Domicile, Income Taxes, Residency Test

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Efforts to Stop Health Insurance Fraud Through Use of Contractors Under Fire

In recent reports, from June 25, 2014 and August 13, 2014, the Government Accountability Office (GAO) highlights the mixed results achieved by the federal government's increased efforts to crack down on health insurance fraud…more

Audits, GAO, Health Insurance, Healthcare Fraud, Medicaid

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SEC Proposes Pay Ratio Rules

On September 18, 2013, pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission issued proposed rules that will amend Item 402 of Regulation S-K to…more

Annual Filings, Annual Reports, CEOs, Dodd-Frank, Executive Compensation

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A New International Option: The "Emergency Arbitrator"

For many years, the common belief was that international arbitration was not suitable for cases in which emergency relief could become necessary. The time required to impanel an arbitration tribunal and the logistics of…more

Arbitration, Arbitration Agreements, International Arbitration, Jurisdiction

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HHS Guidance Clouds Earlier Statement, Discourages Providers From Purchasing Insurance For Patients

There has been much speculation in the health care community that it may be financially beneficial, under certain circumstances, for hospitals and other large providers to purchase health care coverage for their indigent…more

Affordable Care Act, Health Insurance Exchanges, HHS, Kathleen Sebelius, Social Security Act

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Aereo: Another View

In American Broadcasting Companies, Inc. v. Aereo, Inc. (June 25, 2014), the Supreme Court reversed the Second Circuit’s denial of a preliminary injunction against Aereo, finding Aereo liable for direct copyright infringement of…more

ABC v Aereo, Aereo, Copyright, Copyright Infringement, SCOTUS

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The Supreme Court Clarifies The Meaning Of The FLSA's "Changing Clothes" Exception

In a near unanimous decision on Monday, the United States Supreme Court further clarified the multifaceted and oft-litigated issue of whether "donning and doffing" of some protective gear prior to or following a work shift falls…more

Collective Bargaining, FLSA, Sandifer v U.S. Steel Corp, SCOTUS, Unions

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Enhancements to Florida's Solicitation of Funds Law Now Effective - Charities Now Have Tighter Regulations

In response to the Tampa Bay Times investigative story, "America's Worst Charities," Florida’s Commissioner of Agriculture, Adam Putnam, worked with the Florida Legislature to enact material enhancements to Florida's…more

Charitable Donations, Charitable Organizations, Fundraisers, Non-Profits

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Talk Amongst Yourselves: HIPAA Does Not Preempt Florida Med Mal Presuit Authorization Law

The United States Court of Appeals for the Eleventh Circuit recently concluded that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not prevent the application of a Florida law requiring plaintiffs…more

Data Protection, EHR, HIPAA, Medical Malpractice, PHI

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NLRB Protects Facebook "Like" and Signals Standard for Analyzing Social Media Posts

An employer violated the National Labor Relations Act ("NLRA") by discharging two employees for participating in a Facebook posting by a former employee, according to the National Labor Relations Board ("NLRB"). One of the…more

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Federal Appeals Court in D.C. Strikes Down Key Aspect of Health Care Reform (Just Before the 4th Circuit’s Opposite Ruling) – Any Impact on the Individual and Employer Mandates?

On Tuesday, the U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 ruling by a three judge panel, invalidated an Internal Revenue Service regulation that interpreted section 36B of the Affordable Care Act…more

Affordable Care Act, Appeals, Employer Mandates, Health Insurance, Health Insurance Exchanges

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Daimler AG v. Bauman and its Progeny: U.S. Courts Significantly Limit General Personal Jurisdiction

In Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the Supreme Court issued a unanimous decision that significantly limited where a corporate defendant is subject to general jurisdiction in the United States. This ruling provides…more

DaimlerAG, DaimlerChrysler v Bauman, Foreign Corporations, Personal Jurisdiction, SCOTUS

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The Cost of Security for Employers: Is Time Spent Going Through Security Compensable?

The Supreme Court will soon decide whether employers will be required to pay their employees for time spent going through a security clearance at the end of each shift. The case is Busk v. Integrity Staffing Solutions, Inc., 713…more

Employee Rights, Security, Wage and Hour, Wages

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Florida's Amendment 2 Did Not Pass – What's Next?

Is any form of medical marijuana legal in the State of Florida? Yes – In June 2014, Governor Scott signed into law The Compassionate Medical Cannabis Act, known as the Charlotte's Web law. Unlike Amendment 2, the…more

Marijuana, Medical Marijuana

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Medical Marijuana – Latest Draft Regulations

Below is a summary of the changes made by the Florida Department of Health (DOH) to the draft rules to implement the Compassionate Medical Cannabis Act of 2014 (SB 1030)…more

Dispensaries, Marijuana, Medical Marijuana, Proposed Legislation

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Condominium Hotel Units: On the Benefits of Being a Security

The potential application of federal and state securities laws to the sale of condominiums when coupled with the opportunity to participate in a rental program (sometimes referred to as a "condohotel," "condominium hotel," or…more

Commercial Real Estate Market, Condominiums, Hotels, Regulation D, Rule 10b-5

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A New International Option: The "Emergency Arbitrator"

For many years, the common belief was that international arbitration was not suitable for cases in which emergency relief could become necessary. The time required to impanel an arbitration tribunal and the logistics of…more

Arbitration, Arbitration Agreements, International Arbitration, Jurisdiction

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Florida Legislature 2013 Pre-Session Report

The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in…more

Affordable Care Act, Citizens Property Insurance Corporation, Corporate Taxes, Healthcare, Medicaid

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IRS Changes Position on Non-Taxable IRA Rollover Contributions

The U.S. Tax Court recently decided that the one-per-year IRA rollover limitation in 26 U.S.C. § 408(d)(3)(B) applies in the aggregate to all of the taxpayer’s IRA accounts rather than separately to each of a taxpayer’s IRA…more

IRA, IRA Rollovers, Non-Taxable Income

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Reimbursement Changes, Shift to Consumerism Discussed at Akerman Healthcare Briefing

Changing reimbursement models and a shift to consumerism were two of the hot topics discussed at Akerman LLP's recent Healthcare Briefing event titled "Financial and Corporate Implications of the Affordable Care Act: A Look at…more

Affordable Care Act, Cost-Sharing, Employee Benefits, Health Insurance, Health Savings Accounts

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Audit Log Discovery As A Feature Of The Electronic Medical Record

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to discover…more

Audits, Discovery, Electronic Medical Records, Healthcare Professionals, Litigation Strategies

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Extension of Eight Valuable As-of-Right Incentive Programs Included in New York State's Budget Bill

New laws may benefit developers and businesses with applications long pending and for future applicants that depend on these incentive programs to help induce investment and economic growth in the New York City. These programs…more

Property Tax, Real Estate Market, Sales & Use Tax, SALT, State Budgets

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Purchase Price Adjustments: How True is Your True-Up?

A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more

Asset Valuations, Indemnification, Letters of Intent, Purchase Price, True-Ups

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Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust over…more

Alimony, Contempt, Discretionary Trust, Distribution Rules, Divorce

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U.S. Supreme Court Allows Wily Gray-Market Imports

The U.S. Supreme Court has settled the long-open question of whether U.S. copyright holders can prevent the importation of gray market products in Tuesday's decision Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. _____, No…more

Copyright, Exports, First Sale Doctrine, Grey Market, Imports

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CMS launches database of manufacturer and GPO payments to physicians

The Affordable Care Act contains a provision known as the Physician Payments Sunshine Act, which requires the Centers for Medicare and Medicaid Services (CMS) to establish a national databank containing information on the…more

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IRS Modifies Offshore Voluntary Disclosure Program and Expands Streamlined Procedures

On June 18, 2014, the Internal Revenue Service (IRS) announced major changes to its 2012 Offshore Voluntary Disclosure Program (OVDP) and streamlined procedures. The modifications provide new options to help both taxpayers…more

Compliance, FATCA, IRS, Offshore Funds, OVDP

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

OTC Markets Group (OTCQX: OTCM) (OTC Markets) has established new eligibility standards for companies to be able to trade on the OTCQB® Venture Stage Marketplace (the OTCQB). These new standards are aimed at improving…more

Equity Markets, Investors, OTC

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Aereo: Another View

In American Broadcasting Companies, Inc. v. Aereo, Inc. (June 25, 2014), the Supreme Court reversed the Second Circuit’s denial of a preliminary injunction against Aereo, finding Aereo liable for direct copyright infringement of…more

ABC v Aereo, Aereo, Copyright, Copyright Infringement, SCOTUS

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Supreme Court Decision Striking Down DOMA Will Have a Significant Impact on Employer-Sponsored Benefits

The United States Supreme Court ruled on June 26 in United States v. Windsor, U.S., No 12-307, that the definitions of “marriage” and “spouse” contained in the Defense of Marriage Act (DOMA) excluding same-sex partners are a…more

Civil Unions, DOMA, Domestic Partnership, Due Process, Employee Benefits

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2013 Property Tax Assessment Notices Mailed This Month

The Florida County Property Appraiser Offices have started to mail the 2013 Property Tax Assessment Notices, commonly known as TRIM Notices. TRIM Notices present the 2013 property assessments and are mailed for both real and for…more

Appraisal, Valuation, Value Adjustment Mechanisms

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Amendments To "Regulation A" - A Step Towards a Middle Ground in Smaller Company Capital Formation

The Securities and Exchange Commission (Commission) recently proposed rules amending Regulation A. Regulation A currently allows an exemption from federal registration under the Securities Act of 1933 (the Securities Act) for…more

Blue Sky Laws, Dodd-Frank, JOBS Act, NASAA, Offerings

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Amendments To "Regulation A" - A Step Towards a Middle Ground in Smaller Company Capital Formation

The Securities and Exchange Commission (Commission) recently proposed rules amending Regulation A. Regulation A currently allows an exemption from federal registration under the Securities Act of 1933 (the Securities Act) for…more

Blue Sky Laws, Dodd-Frank, JOBS Act, NASAA, Offerings

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Compliance Date for New OTCQB Marketplace Standards Fast Approaching

OTC Markets Group (OTCQX: OTCM) (OTC Markets) has established new eligibility standards for companies to be able to trade on the OTCQB® Venture Stage Marketplace (the OTCQB). These new standards are aimed at improving…more

Equity Markets, Investors, OTC

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New Option to Appeal Arbitration Awards Within The Arbitration Process

Arbitration is a faster and less expensive way to resolve disputes. One significant drawback of arbitration, however, is that there has been almost no way to overcome an aberrant decision by the arbitrator. Even when the…more

Appeals, Arbitration, Arbitration Awards

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Securities and Exchange Commission Proposes Rules on Crowdfunding

Introduction - On October 23, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules to permit U.S. companies to offer and sell securities through crowdfunding in an effort to implement the…more

Crowdfunding, JOBS Act, SEC, Startups, Title III

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What To Do If The Feds Come Knocking At Your Door!

Your employee handbook likely addresses, in great detail, the do's and don'ts of using the internet while at the office, guidance on HIPAA, and even the company's policy on sexual harassment, but does it provide any instruction…more

DOJ, False Claims Act, Fraud, Healthcare, Investigations

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How and Why Your Team Is Everything (And Other Essentials for Startup Success...)

The multi-faceted answer to our question: over the years working with entrepreneurs and inventors, what have you seen as an essential attribute to startup success?…more

Legal Perspectives, Startups

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EEOC Broadens Pregnancy Discrimination Protections

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC") issued an updated enforcement guidance on pregnancy discrimination and related issues, and significantly widened the employee protections. The guidance…more

ADA, Discrimination, EEOC, Employer Liability Issues, Pregnancy Discrimination

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IRS Modifies Offshore Voluntary Disclosure Program and Expands Streamlined Procedures

On June 18, 2014, the Internal Revenue Service (IRS) announced major changes to its 2012 Offshore Voluntary Disclosure Program (OVDP) and streamlined procedures. The modifications provide new options to help both taxpayers…more

Compliance, FATCA, IRS, Offshore Funds, OVDP

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Florida Information Protection Act of 2014 - Florida Means Business When It Comes to Protecting Customers' Personal Information

On June 20, 2014, Governor Rick Scott signed into law the Florida Information Protection Act of 2014 ("FIPA"), which became effective July 1, 2014. FIPA expands the obligations of businesses and government entities that maintain…more

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Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I…more

ASTM, CERCLA, Contaminated Properties, Due Diligence, Environmental Site Assessment

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Medical Marijuana – Latest Draft Regulations

Below is a summary of the changes made by the Florida Department of Health (DOH) to the draft rules to implement the Compassionate Medical Cannabis Act of 2014 (SB 1030)…more

Dispensaries, Marijuana, Medical Marijuana, Proposed Legislation

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Florida Department Of Health Adopts New Telemedicine Rule: Florida Legislature Considers Changing The Law

While the Florida Department of Health (DOH) adopted a new telemedicine rule on March 12, 2014 [Rule 64B8-9.0141 and Rule 64B15-14.0081 of the Florida Administrative Code], several bills on the same subject are under…more

Healthcare, Telemedicine

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Second Circuit Issues Decisions on Lanham Act False Advertising Case

On July 29, 2014, the Second Circuit decided a Lanham Act false advertising case that clarified the circuit’s jurisprudence on demonstrating consumer confusion and competitive injury. In Merck Eprova AG v. Gnosis S.P.A. and…more

Advertising, False Advertising, Lanham Act, Nutritional Supplements

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Whistleblower Claims The Wave Continues

"The cover-up is often worse than the crime" – an apt mantra for employers who are being increasingly forced to defend retaliation and/or whistleblower claims brought in myriad industries under a broad spectrum of federal and…more

Employer Liability Issues, FMR LLC, Lawson v FMR, Retaliation, Sarbanes-Oxley

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Opening of the 2016 Diversity Immigrant Visa Program Announced

The State Department has announced that it will accept applications for the FY 2016 "diversity immigrant visa" lottery beginning October 1, 2014. Applicants who are selected and approved may submit their green card applications…more

DIversity Lottery, Immigrants, Visas

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Daimler AG v. Bauman and its Progeny: U.S. Courts Significantly Limit General Personal Jurisdiction

In Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the Supreme Court issued a unanimous decision that significantly limited where a corporate defendant is subject to general jurisdiction in the United States. This ruling provides…more

DaimlerAG, DaimlerChrysler v Bauman, Foreign Corporations, Personal Jurisdiction, SCOTUS

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The Supreme Court Rules in Favor of Broadcasters in American Broadcasting Companies v. Aereo, Inc.

On June 25, 2014, the Supreme Court issued a highly anticipated decision involving the latest clash of technology and copyright that marks a significant victory for television broadcasters. In American Broadcasting Companies v…more

ABC, ABC v Aereo, Aereo, Broadcasting, Copyright

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Court Slaps Down EEOC Subpoena, Refusing to Allow Agency to Expand its Investigation

The Equal Employment Opportunity Commission has broad authority to investigate allegations of employment discrimination. But there are limits to that authority, as illustrated by a recent Eleventh Circuit Court of Appeals…more

ADA, Corporate Counsel, Cruise Ships, Discrimination, EEOC

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Extension of Eight Valuable As-of-Right Incentive Programs Included in New York State's Budget Bill

New laws may benefit developers and businesses with applications long pending and for future applicants that depend on these incentive programs to help induce investment and economic growth in the New York City. These programs…more

Property Tax, Real Estate Market, Sales & Use Tax, SALT, State Budgets

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SEC Proposes Pay Ratio Rules

On September 18, 2013, pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission issued proposed rules that will amend Item 402 of Regulation S-K to…more

Annual Filings, Annual Reports, CEOs, Dodd-Frank, Executive Compensation

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FMLA & Medical Certification: When Does An Employer Have A "Reason to Doubt"?

Given the financial and administrative costs that FMLA continues to impose upon employers, HR managers are consulting with counsel to determine what tools are available to ensure that those who truly need FMLA leave are able to…more

Certifications, Employer Liability Issues, FMLA, FMLA Certification Forms

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Purchase Price Adjustments: How True is Your True-Up?

A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more

Asset Valuations, Indemnification, Letters of Intent, Purchase Price, True-Ups

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Irregular Attendance May Render An Employee With A Disability "Unqualified"

In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an "essential function" of a position…more

ADA, Disability, Employer Liability Issues, FMLA, Reasonable Accommodation

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Supreme Court Clarifies Procedure for Deciding Stern Claims in Bankruptcy Courts, But Leaves Big Questions Unresolved

Bankruptcy courts have jurisdiction over "core" and "non-core" proceedings. See 28 U.S.C. § 157. In "core" proceedings, bankruptcy courts can enter final judgments. See 28 U.S.C. § 157(b). In "non-core" proceedings, however,…more

Article III, Chapter 7, Commercial Bankruptcy, Executive Benefits Insurance Agency v. Arkison, Fraudulent Conveyance

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NLRB Pushing for a Joint Employer Liability Model for Franchisors?

In a move that has caused great concern in the franchising industry, in pending cases filed by employees against McDonald's franchisees, the National Labor Relations Board (NLRB) has authorized the filing of complaints against…more

Employer Liability Issues, Franchises, Franchisors, Joint Employers, McDonalds

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FDA Issues Draft Guidance for Drug and Device Information on Social Media

On June 17, 2014, the FDA issued two draft guidance documents relating to the use of social media and the Internet to promote prescription drugs and medical devices. The FDA described how a company should use a character limited…more

Draft Guidance, FDA, Google, Healthcare, Medical Devices

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FDA Issues Draft Guidance for Drug and Device Information on Social Media

On June 17, 2014, the FDA issued two draft guidance documents relating to the use of social media and the Internet to promote prescription drugs and medical devices. The FDA described how a company should use a character limited…more

Advertising, FDA, Marketing, Medical Devices, Pharmaceutical

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Practice Groups
Areas of Practice
  • Administrative Law
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
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  • D.C.
  • Florida
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  • Nevada
  • New York
  • Texas
  • Utah
  • Virginia
  • Wisconsin
Number of Attorneys

400+ Attorneys

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