Akerman LLP

White House Publishes Third Round of Regulatory Reforms to Cuba Sanctions: 'Musicabana' also Announces Major International Music Festival in Havana

The U.S. Treasury Department's Office of Foreign Assets Control (OFAC) and the Commerce Department's Bureau of Industry and Security (BIS) recently published a series of revisions to the Cuba sanctions regime that appear to…more
| Art, Entertainment, & Sports Law, Elections & Politics, International Law & Trade

Pay Data Required in Proposed New EEO-1 Reporting Form

Employers with 100 or more employees will be required to submit pay data by race, sex, ethnicity and job category under proposed new revisions to the EEO-1 reporting form. The changes were announced Friday by the EEOC on the 7th…more
| Civil Rights, Labor & Employment Law

Department of Labor: Joint Employment Is Increasingly Common

On January 20, 2016, the Wage and Hour Division of the Department of Labor issued guidance on joint employment under the Fair Labor Standards Act and Migrant Seasonal Agricultural Worker Protection Act. The DOL’s guidance comes…more
| Labor & Employment Law

First Sale Defense Blocks “Slam Dunk” Copyright Violation

The Ninth Circuit recently addressed the burden of proof applicable to the first sale defense to a copyright infringement claim. That defense provides that, once a copy of a work is lawfully sold or transferred, the new owner…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

New Water Law Will Affect Everyone Who Uses Water in Florida

On January 14, 2016, the officers of the Legislature presented CS/CS/SB 552 to Governor Scott for signature. More famously known as the "Water Bill," this 134-page page marvel of compromise proves that it is still possible to…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Lenders are Required to Investigate Suspicious Loan Transactions

The Seventh Circuit Court of Appeals recently held that a lender is obligated to conduct a diligent investigation when it becomes aware of suspicious facts relating to the legitimacy of a loan transaction. In Sentinel Management…more
| Business Organizations, Business Torts, Civil Procedure, Finance & Banking

2015 L&E Developments

As we begin 2016, it is a good time to look back at 2015 labor and employment law developments that employers must keep in mind during the new year. 2015 was indeed a busy year. AFFORDABLE CARE ACT - In 2015, the U.S…more
| Civil Rights, Health, Labor & Employment Law

Stolichnaya: Comity or Confiscation; and Is That For US Courts to Decide?

The Second Circuit recently issued its latest ruling in a long-running legal battle over the trademark rights to the STOLICHNAYA trademark. In this latest decision in the 12-year dispute, the Court ruled that an agency of the…more
| Civil Procedure, Constitutional Law, Intellectual Property, International Law & Trade

HIPAA Privacy Rule Now Permits Reporting for Firearms Background Checks

On January 4, 2016, the U.S. Department of Health and Human Services (HHS) issued a final rule that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. This modification expressly…more
| Health, Privacy

Extension of ACA Reporting Deadline is Welcome News to Employers

On December 28, 2015, the IRS announced in Notice 2016-4 that the deadlines for complying with the new reporting requirements under the Affordable Care Act (ACA) will be temporarily extended for purposes of 2015 coverage…more
| Labor & Employment Law, Taxation

ACA Reporting Deadline Is Welcome News To Employers

On December 28, 2015, the IRS announced in Notice 2016-4 that the deadlines for complying with the new reporting requirements under the Affordable Care Act (“ACA”) will be temporarily extended for purposes of 2015 coverage. The…more
| Health, Labor & Employment Law, Taxation

CMS Updates Two-Midnight Rule

The Centers for Medicare and Medicaid Services (CMS) has revised the two-midnight rule to create an exception that will allow payment under Medicare Part A for certain medically necessary hospital stays that do not extend across…more
| Health

In re Tam: Section 2(a) Unconstitutional Under The First Amendment

In a landmark First Amendment decision relating to the Lanham (Trademark) Act, the Federal Circuit, en banc, struck down § 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), the statutory provision barring registration of…more
| Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law

In re Tam: Section 2(a) Unconstitutional Under The First Amendment

In a landmark First Amendment decision relating to the Lanham (Trademark) Act, the Federal Circuit, en banc, struck down § 2(a) of the Lanham Act, 15 U.S.C.  § 1052(a), the statutory provision barring registration of…more
| Civil Procedure, Constitutional Law, Intellectual Property

United States Congress Extends EB-5 Program without Changes

In a provision in the omnibus Fiscal Year spending bill, the U.S. Congress extended the EB-5 immigrant investment program until September 30, 2016, without any changes. The bill is currently expected to pass the Congress and be…more
| Immigration Law, International Law & Trade, Securities Law
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