BakerHostetler

Same-Sex Spouses Authorized to Recalculate Transfer Tax Treatment of Prior Gifts and Bequests

The IRS recently issued Notice 2017-15 to provide same-sex spouses relief to recalculate the federal estate, gift and generation-skipping transfer (GST) tax treatment of gifts and bequests made before the Defense of Marriage Act…more
| Constitutional Law, Taxation

The Continuing “Evolution” of Alice: a GUI Example

On January 18, 2017, the Federal Circuit, in Trading Technologies International, Inc. v. CQG, Inc., No. 2016-1616 (Fed. Cir. Jan. 18, 2017) (NEWMAN, J.), issued a non-precedential decision affirming the district court’s holding…more
| Intellectual Property, Science, Computers, & Technology

Capitol Hill Healthcare Update

The House on Friday gave final congressional approval to a budget blueprint that authorizes separate filibuster-proof legislation Republicans will use next month to repeal much of the Affordable Care Act…more
| Elections & Politics, Health

‘Ancient’ Data (and Documents): Prepare for Federal Changes to a Long-standing Hearsay Exception

Unbeknownst to many, changes to the Federal Rules of Evidence governing the hearsay exception for ancient documents (FRE 803(16)), and additional rules governing self-authentication of evidence generated by electronic processes…more
| Civil Procedure, Electronic Discovery

Federal Agencies Given New Breach Response and Preparation Guidelines

The White House has made a step toward implementing in federal agencies some breach response best practices currently used in the private sector. On Jan. 3, the White House issued a memorandum (Memo) updating for the first time…more
| Privacy, Science, Computers, & Technology

Justices to Consider Arbitration Agreements With Class Waivers – The End of the Beginning?

Apologies to Winston Churchill, but the conflict over the enforcement of arbitration agreements with class waivers has become an ongoing legal and ideological struggle. Some view individual arbitration as a quicker and less…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Federal Circuit Provides Guidance on Divided Infringement, Inducement of Infringement, and Indefiniteness

Patent owners will applaud the Federal Circuit’s latest pronouncement on divided infringement, inducement of infringement, and claim definiteness under 35 U.S.C. § 112. Eli Lilly & Co. v. Teva Parenteral Medicines, Inc., Appeal…more
| Intellectual Property, Science, Computers, & Technology

HHS Ordered To Eliminate Medicare Appeals Backlog By 2021

On January 4, 2017, the U.S. District Court for the District of Columbia rejected a request by the Secretary of HHS asking the court to reconsider its decision that requires HHS to eliminate the backlog of Medicare claims…more
| Administrative Law, Health

Federal Court Enjoins Part of ACA Final Non-Discrimination Rule

On December 31, 2016, the U.S. District Court for the Northern District of Texas issued a nationwide injunction in Franciscan Alliance, Inc. v. Burwell, N.D. Tex., No. 16-cv-108, holding that portions of the final rule issued by…more
| Health

Swiss-U.S. Privacy Shield Framework to Launch April 12

On January 11, 2017, the U.S. Department of Commerce, the Swiss Federal Council and the Swiss Federal Data Protection and Information Commissioner (FDPIC) issued press releases announcing that an agreement has been reached on a…more
| International Law & Trade, Privacy, Science, Computers, & Technology

Tax Season Is in Full Swing: Beware of the W-2 Spear Phishing Scam

Last year we saw an unprecedented number of companies of all sizes fall victim to a W-2 spear phishing scam. The scam usually began with a “spoofing” email that appeared to have been sent by a company’s CEO or CFO to one or more…more
| Privacy, Science, Computers, & Technology, Taxation

FTC Goes After IoT Device Manufacturer for Alleged Security Vulnerabilities in Routers, IP Cameras

On January 6, the Federal Trade Commission (FTC) announced that it had filed a complaint against Taiwanese D-Link Corp. and its U.S. subsidiary, D-Link Systems Inc. (D-Link), alleging the company made deceptive claims about the…more
| Antitrust & Trade Regulation, Privacy, Science, Computers, & Technology

Owner of Professional Employer Organization Pleads Guilty to Employment Tax Charge

On Jan. 6, 2017, Janis Edwards, the owner of a professional employer organization, pleaded guilty to tax evasion arising from failing to pay over to the IRS between $3.5 million and $25 million in withholdings that her…more
| Criminal Law, Taxation

CMS Finalizes Mandatory Cardiac and Joint Bundles … But Their Future is Uncertain

When Tom Price assumes the top post at the U.S. Department of Health and Human Services (HHS) later this month (subject to Senate confirmation), the ink will barely be dry on a final rule issued by the Centers for Medicare &…more
| Health

Tenth Circuit Creates Circuit Split on the Constitutionality of SEC Administrative Law Judges

On December 27, 2016, a divided panel of the Tenth Circuit Court of Appeals found the SEC’s use of administrative law judges (“ALJs”) unconstitutional, setting aside an ALJ’s administrative order finding David F. Bandimere…more
| Administrative Law, Constitutional Law, Securities Law
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