FCC Wades Back Into Data Privacy and Security for ISPs With Revised Privacy Proposal

Recently, Federal Communications Commission (FCC or Commission) Chairman Tom Wheeler circulated to the Commission a revised proposed order to regulate the data privacy and security practices of internet service providers (ISPs)…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

More Than the Leaves Are Changing: Clinical Trial Research Regulations and Policies Get a Fall Makeover

The Food and Drug Administration (FDA) and National Institutes of Health (NIH) have recently finalized or signaled intent to finalize numerous proposals that promise to change the landscape of clinical trial reporting, clinical…more
| Health

Final and Temporary Debt-Equity Regulations Under Section 385 Implement Highly Favorable Changes

On Oct. 13, 2016, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued final and temporary regulations under Section 385 governing the treatment of certain instruments as debt or equity…more
| Taxation

Recent Supreme Court of Ohio Rulings May Alter the Status of Dormant Mineral Rights Throughout the State

The Supreme Court of Ohio recently brought clarity to issues plaguing the holders of both mineral and surface rights for years by addressing two questions: When does the owner of dormant mineral rights abandon those rights? And…more
| Energy & Utilities, Real Estate - Commercial

Eighth Circuit Holds Nonoperating Working Interest Owner and Engineering Contractor Not Liable For Negligence of On-Site ‘Company Hand’

On Aug. 5, 2016, the United States Court of Appeals for the Eighth Circuit affirmed summary judgment in favor of a nonoperating working interest owner, Oasis, and its engineering subcontractor, RPM Consulting, holding that…more
| Civil Procedure, Energy & Utilities

FTC Accepts Practical ‘Failing Firm’ Defense in Ending Challenge to Non-Reportable Transaction

The Federal Trade Commission’s recently announced proposed settlement of its challenge of CentraCare Health’s acquisition of St. Cloud Medical Group (SCMG) is doubly noteworthy. The settlement ends the challenge of a transaction…more
| Antitrust & Trade Regulation, Mergers & Acquisitions, Health

Patent Exhaustion Case Could Have Enormous Impact on Multinational Businesses

Earlier this year, the Federal Circuit ruled en banc in Lexmark v. Impression, the most significant exhaustion ruling since the Supreme Court’s Quanta decision. In response to Impression’s cert. petition, the Supreme Court…more
| Intellectual Property, Science, Computers, & Technology

New California Law Requires Additional Public Disclosure by Private Funds

On Sept. 14, 2016, the State of California enacted new legislation that requires additional public disclosure by the funds of any California public pension or retirement system, including the University of California (Public…more
| Finance & Banking

IRS Regulations Clarify Definition of Spouse for Federal Tax Purposes in Light of Obergefell v. Hodges

The IRS has issued final regulations clarifying the definitions of “spouse,” “husband,” “wife,” and “husband and wife” for federal tax purposes. The final regulations now define “spouse,” “husband” and “wife” as any individual…more
| Taxation, Wills, Trusts, & Estate Planning

FCPA Chief Touts Record High Enforcement Actions - Links Avoiding a Monitor to Early Remediation of FCPA Issues

Appearing before the annual Securities Docket Conference in Washington, DC on October 13, Kara Novaco Brockmeyer, the Chief of the Securities and Exchange Commission’s FCPA Unit, laid out the Commission’s FCPA enforcement…more
| Business Organizations, Securities Law

Tax Delinquencies to Jeopardize Contract Eligibility Under New Final Rule

On Friday, Sept. 30, 2016, the Department of Defense, the General Services Administration and the National Aeronautics and Space Administration issued a Final Rule aimed at blocking tax evaders and convicted felons from…more
| Government Contracting

Important Paid Sick Leave Law Developments San Diego, San Francisco, Berkeley

California’s various prescriptions for paid sick leave continue to proliferate and evolve, with recent changes to ordinances in San Diego and San Francisco and the addition of yet another local law, this time in…more
| Labor & Employment Law

Federal Appellate Court Deems CFPB ‘Unconstitutionally Structured’ and Overturns PHH Penalty

On Oct. 11, the U.S. Court of Appeals for the D.C. Circuit deemed the Consumer Financial Protection Bureau (CFPB) “unconstitutionally structured” and overturned its enforcement action, including a $109 million penalty, against…more
| Consumer Protection, Finance & Banking, Insurance, Real Estate - Residential

Beyer Beware: An Examination of a Family Limited Partnership Gone Wrong

The opinion issued on Sept. 29, 2016, in the case of Estate of Edward G. Beyer v. Commissioner of Internal Revenue was the culmination of an estate planning exercise that had an unfortunate ending for everyone involved (other…more
| Business Organizations, Civil Procedure, Taxation, Wills, Trusts, & Estate Planning

Yaakov v. FCC – Will TCPA Opt-Out Requirements Be Stricken for Permissive Faxes?

By its express terms, the Telephone Consumer Protection Act (TCPA) applies only to unsolicited faxes. 47 U.S.C. § 227(b)(1)(C) & (a)(5). However, in May 2006, the FCC promulgated new rules concerning fax advertisement…more
| Communications & Media Law, Consumer Protection
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Contact United States

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