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A.F.L.- C.I.O Wants More People Standing Under Its Umbrella

For years now, it has not exactly been a secret that labor organizations are struggling to maintain and build membership in most sectors of the American workforce. Despite the presence of a Democratic president and a Democratic…more

AFL-CIO, Unions

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Compensation Clawbacks and Code Section 409A Acceleration

When the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) became law in 2010, it included a requirement for public companies to recoup, or “clawback,” incentive compensation from executives in the event of…more

Clawbacks, Compensation & Benefits, Compliance, Dodd-Frank, Executive Compensation

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Auto Suppliers Prepare for Barrage of Recalls

With the recent high-profile recalls involving Toyota and GM, auto suppliers are anticipating a spike in recalls and asking themselves how to prepare for this inevitability. As a start, auto suppliers need to understand…more

Automobile Recall, Automotive Industry, General Motors, NHTSA, Toyota

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Summary of the Volcker Rule

On December 10, 2013, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Commodity…more

Bank Holding Company Act, Banking Crisis, Banking Sector, CFTC, Commodity Sale Agreements

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IRS “Pay or Play” Final Regulations Delay Compliance Date for Certain Employers, Reduce Penalty Exposure for Others

Earlier this week, the IRS issued final regulations that provide additional guidance on the new “pay or play” rules (also called the employer shared responsibility rules) that will generally apply to employers’ group health…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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House Bill 569 Changes Florida's Campaign Finance Law

On May 1, 2013, Governor Rick Scott signed into law House Bill 569 (HB569), which enacts sweeping changes to Florida’s campaign finance laws. The changes will affect every elected official as well as any person who makes…more

Campaign Contributions, Campaign Finance Reform, Political Contributions

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Communicating With the Workforce — A Very Good Idea, But Proceed With Caution

Most employers communicate with their workforce about a wide variety of employment related issues — personnel policies, wage and benefit issues, organizational changes, etc. These communications — whether verbal or in writing —…more

Direct Dealing, Documentation, Oral Communications, Training, Unions

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FTC Settles Claims Relating to U.S. – EU Safe Harbor Program

The Federal Trade Commission recently announced it has settled claims against 12 companies relating to charges the companies falsely claimed they were abiding by the U.S. – EU Safe Harbor program that enables U.S. companies to…more

Compliance, Data Brokers, Debt Collection, EU, FTC

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PTAB Terminates IPR Sua Sponte Where Claims Indefinite

As dictated by 35 U.S.C. § 311, a petitioner can pursue inter partes review (“IPR”) before the Patent Trial and Appeal Board (“PTAB” or “Board”) based on certain grounds of anticipation or obviousness under 35 U.S.C. §§ 102 or…more

Inter Partes Review Proceedings, Patent Litigation, Patent Trial and Appeal Board, Patents, Sua Sponte

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2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by…more

Groundwater, Licenses, Patents, Technology, Water

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Wisconsin Court Confirms Computer-Controlled Medical Devices Are Exempt From Property Tax

In 2008, the Wisconsin Tax Appeals Commission ruled that the following categories of computerized medical equipment are exempt from property tax: - Ultrasound equipment - Magnetic resonance imaging (MRI)…more

Exemptions, Medical Devices, MRI, Property Tax

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The Section 409A Valuation: Do You Really Need One?

Yes. You do. That was easy. But perhaps we have gotten ahead of ourselves and we should start at the beginning of the story. While Section 409A is a tax provision, its genesis was the perceived abuse of deferred compensation…more

Executive Compensation, Golden Parachutes, Safe Harbors, Section 409A, Valuation

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Court of Appeals Rejects Attempted Restriction of “Mortgage Banker” Priority Provision

On February 20, 2014, the Wisconsin Court of Appeals issued an opinion interpreting the meaning of “mortgage banker” under Wis. Stat. § 224.71(3) and finding that a mortgage holder was entitled to the priority afforded under…more

Banks, Construction Contracts, Construction Liens, Mortgages

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Supreme Court to Review Statute of Limitations for Denial of ERISA Claims

On Tuesday, October 15, 2013, the United States Supreme Court heard oral arguments in a case likely to have wide-ranging consequences for employers who offer employee benefit plans under Employee Retirement Income Security Act…more

Denial of Benefits, ERISA, SCOTUS, Statute of Limitations

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Doing Business With the Government With Reduced Risk

Entering into business with the U.S. Government provides companies, including those in the automotive industry, with the opportunity to expand their business base, with tremendous potential. Even with the current budget cuts and…more

Automotive Industry, Federal Budget, Federal Contractors, Sequestration

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Trade War Continues – China Hits U.S. Solar Material Suppliers with Final Anti-Dumping and Anti-Subsidy Duties

In a move viewed by many as retaliation against the U.S. for the anti-dumping and countervailing duties assessed by the U.S. against Chinese solar panels, China recently finalized its anti-dumping duties on imports into China of…more

Anti-Subsidies, Antidumping Duties, China, Countervailing Duties, Solar Panels

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What Does McCutcheon Mean for Wisconsin Campaign Finance Law?

On April 2, the United States Supreme Court released its much-anticipated decision in McCutcheon v. FEC, 572 U.S. __ (2014). The case was closely watched because it presented the Court the opportunity to revisit the framework of…more

FEC, McCutcheon v. FEC, Political Campaigns, Political Contributions, SCOTUS

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IRS Releases Helpful Guidance for Tax-Exempt Hospitals

The IRS released guidance at the end of 2013 that is helpful for tax-exempt hospitals in complying with the detailed additional federal tax requirements set forth in section 501(r) of the Internal Revenue Code. The guidance (1)…more

Exempt Organizations, Hospitals, IRS

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Patent Office Extends AFCP 2.0 to December 2013

The United States Patent and Trademark Office (USPTO) just announced that the After Final Consideration Pilot 2.0 (AFCP 2.0) has been extended to December 14, 2013. The AFCP 2.0 was previously scheduled to expire on September…more

AFCP, Extensions, Patent Applications, Patents, Request for Continued Examination

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PTAB Practice Tip: When Must I Request ‘Authorization’ to File a Motion?

One of the most common mistakes parties make in the new Inter Partes Review (IPR) and Covered Business Method (CBM) proceedings is failing to seek Board authorization to file a motion. Many practitioners incorrectly assume that…more

Covered Business Method Proceedings, Inter Partes Review Proceedings, Patent Trial and Appeal Board, Relief Measures

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The SEC’s Municipal Advisor Rule Will Prompt New Practices for Market Participants

A new rule will take effect on July 1, 2014 that regulates persons and firms that provide advice to municipal issuers and obligated parties regarding municipal financial products or the issuance of municipal securities. Although…more

Compliance, Dodd-Frank, MSRB, Municipal Advisers, SEC

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SEIA Report Reveals 2013 as Another Boom Year for U.S. Solar Industry

The Solar Energy Industries Association (SEIA) has released its annual report on the performance of the U.S. solar industry in 2013. As might be expected, the industry continued to set new milestones for growth in installed…more

SEIA, solar

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FTC Updates Guidance on Disclosures in Social Media Marketing

Earlier this month, the Federal Trade Commission (FTC) updated its guidelines for disclosures in digital media, “.Com Disclosures: How to Make Effective Disclosures in Digital Advertising” (Guide). The Guide, which updates a…more

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AAO Finds USCIS Impermissibly Redefines Showing of Specialized Knowledge

The Administrative Appeals Office of U.S. Citizenship & Immigration Services, otherwise known as the AAO, recently reversed a finding by U.S. Citizenship & Immigration Services (USCIS) that had denied approval of an L-1B…more

Foreign Workers, L-1B, Multinationals, USCIS, Visas

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2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by…more

Groundwater, Licenses, Patents, Technology, Water

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Provider Reimbursement Review Board Issues Alert 9 and Revised Rules

On March 1, 2013, the Provider Reimbursement Review Board (PRRB or the Board) issued Alert 9, which notified interested parties that the PRRB has made revisions to its Rules and updated its Model Forms. Medicare providers that…more

CMS, Medicare, PRRB, Reimbursements

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Full Class Heading Does Not Cover “All Services” in the United States

Trademark owners outside the United States often find it useful to file U.S. applications based on priority from an application or registration in their home country, or as an extension of protection from an International…more

Madrid Protocol, Patent Litigation, Trademark Trial and Appeal Board, Trademarks, USPTO

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FDA Takes Steps to Declare Partially Hydrogenated Oils No Longer GRAS and Seeks Comments

On November 7, 2013, the Food and Drug Administration (FDA) announced that it has tentatively determined that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) for any use in food. PHOs are the…more

FDA, Food Safety, Trans Fat

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Supreme Court Hears Argument on Software Patents

On April 1, 2014, the Supreme Court heard arguments in Alice Corp. Pty. Ltd.v. CLS Bank Int’l, which concerns the patent eligibility of computer-implemented inventions. This is the fourth recent Supreme Court case addressing…more

CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents, SCOTUS

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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General Motors New Terms and Conditions Effective July 15, 2013

General Motors has announced that Effective July 15, 2013, its general terms and conditions for direct material, customer care & aftersales (CCA) and tooling purchases are changing…more

Compliance, General Motors, Terms and Conditions

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City of Harrisburg Settles With SEC on Rule 10b-5 Violations

Recently, the SEC settled with the City of Harrisburg (City) over violations of Rule 10b-5 in connection with material misstatements and omissions made by the City in its public statements and financial information, during a…more

Disclosure, Rule 10b-5, SEC, Settlement

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Have Your Safeguards for Protecting Confidential Information Kept Pace With Your Next-Generation Manufacturing Processes?

Today’s next-generation manufacturing is marked by speed and technology. However, technology can be a double-edged sword. On one hand, technological innovations and advancements have resulted in a manufacturing resurgence in the…more

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Zip Code Requests Off-Limits in Massachusetts Credit Card Transactions

In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card…more

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Amendments to Article 9 of the Uniform Commerical Code Go Into Effect

A number of amendments to Article 9 of the Uniform Commercial Code (“UCC”) went into effect in many states on July 1, 2013. Similar amendments are pending in a number of other states…more

Article 9, UCC

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Massachusetts High Court Expands Strict Liability for Building Code Violations

In an April 10, 2014, decision that expressly overruled its own 15-year old precedent, the Massachusetts Supreme Judicial Court has held that the owner of a building used as a place for a large number of people to gather will be…more

Building Codes, Building Standards, Strict Liability

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“Why I Oughta …” Leave Retaliation to the Stooges and Avoid Liability

Retaliation was a linchpin of the slap stick comedy of The Three Stooges. A retaliatory poke in the eye, a tit-for-tat clout to the top of the head, or a responsive jab to the gut — all animated by some well-coordinated but…more

EEOC, Employee Rights, Employer Liability Issues, Retaliation

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Preparing for the Conversion to ICD-10

With the ICD-10 implementation date delayed once again until October 1, 2015, providers who were previously unprepared for the transition or had only begun their transition planning have an extra year to address the upcoming…more

Contracting Procedures, Healthcare, ICD Codes, Payor Contracts, Provider Payments

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Daughter Posts Settlement on Facebook – Employer Dislikes – Dad in Hot Water

Social media in general, and Facebook in particular, seems to have become so ingrained in modern existence that while it is potentially laughable, it is nonetheless true that we can seriously live by the tenet “If it’s not on…more

Confidentiality Agreements, Facebook, Settlement, Social Media

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Lawn Mowers and Wheelbarrows Are Now "Motor Vehicles" in New Hampshire

A statute just enacted in New Hampshire will subject tractors, farm implements, construction, industrial, and forestry equipment, and even lawn and garden equipment to the detailed regulatory regime applying to car dealerships…more

Local Ordinance, Motor Vehicles, New Regulations, Special Purpose Vehicles

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U.S. Supreme Court Expands Scope of Whistleblower Protections

Earlier this month, the U.S. Supreme Court concluded that whistleblower protections of Sarbanes-Oxley extend not only to employees of public companies, but to the employees of their contractors and subcontractors. See Lawson v…more

Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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Court Won't Review USPTO Denial of Inter Partes Review

In a decision issued on April 18, 2014, Judge Payne of the U.S. District Court for the Eastern District of Virginia granted the USPTO’s motion to dismiss the case brought by Dominion Dealer Solutions, LLC to challenge the…more

Inter Partes Review Proceedings, Patent Litigation, Patents, USPTO

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SREC II – Proposed Changes to MA DOER Regulations

The Massachusetts Department of Energy Resources (DOER) recently issued draft regulations for the second phase of its solar renewable energy certificate program, known as “SREC II”. The aim of the SREC II program is to implement…more

Brownfield Properties, Green Energy, Renewable Energy, Solar Energy

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New Renewable Power Financing and Investment Opportunities in New York as State Opens Billion Dollar Funding Initiative Through “NY Green Bank”

New York just recently opened the New York Green Bank (“NY Green Bank”), the largest of its kind in the nation. The NY Green Bank is a division of the New York State Energy Research and Development Authority and will have an…more

Banks, Clean Energy, Funding, Green Banks, Renewable Energy

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Supreme Court Issues Landmark Ruling in Hospital Merger Case on Scope of State Action Immunity

On February 19, 2013, the U.S. Supreme Court unanimously ruled that a local hospital authority’s acquisition of a hospital in Georgia was not immunized from the antitrust laws under the state action doctrine. In doing so, the…more

Acquisitions, FTC, FTC v. Phoebe Putney Health System, Government Entities, Governmental Immunity

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Patent Law Treaties Implementation Act Passes, Streamlining International Registration of Industrial Designs

On December 5, 2012, the U.S. House of Representatives passed the Patent Law Treaties Implementation Act. The Senate previously passed the Act on September 22, 2012…more

Design Patent, Patents, Treaties

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U.S. Supreme Court: Silence Admissible

When faced with questions from a government investigator, a person’s silence can now be used in a criminal trial against the person who was questioned and declined to provide an answer…more

Admissibility, Criminal Prosecution, Evidence, Jury Trial, SCOTUS

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Are Unpaid Interns Handy Helpers or a Source of Liability?

Summer is fast approaching and along with the dog days of pool time, family vacations, and outdoor activities, comes summer break for students. For many companies, this means an influx of potential interns anxious to learn the…more

DOL, Liability, Non-Employees, Unpaid Interns

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Full Class Heading Does Not Cover “All Services” in the United States

Trademark owners outside the United States often find it useful to file U.S. applications based on priority from an application or registration in their home country, or as an extension of protection from an International…more

Madrid Protocol, Patent Litigation, Trademark Trial and Appeal Board, Trademarks, USPTO

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Outrageous Scams in Financing: Not So Unusual After All

When fundraising, remember—everyone is trying to cheat you. Well, that’s not really true, but it’s obvious that we’d all be skeptical if a foreign “prince” is offering a start-up company several million dollars with…more

Fraud, Funding, Scams

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Employment Law Compliance Is Just the Beginning

Complying with the law is only the starting point when making sound and legally defensible employment decisions, such as discipline, terminations, denying accommodations, and so forth. Have you ever heard of a company that made…more

Compliance, Employer Liability Issues

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What Does McCutcheon Mean for Wisconsin Campaign Finance Law?

On April 2, the United States Supreme Court released its much-anticipated decision in McCutcheon v. FEC, 572 U.S. __ (2014). The case was closely watched because it presented the Court the opportunity to revisit the framework of…more

FEC, McCutcheon v. FEC, Political Campaigns, Political Contributions, SCOTUS

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Restructuring The Private Club

Private golf clubs are facing a tidal wave of challenges, from the prolonged economic downturn, to an aging population unable to continue playing the game, to a general decline in demand for golf, to financial hardships facing…more

Golf, Golf Courses

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FERC Issues Policy Statement Clarifying Requirements for Capacity Allocation for Merchant Transmission Projects

On January 17, 2013, the Federal Energy Regulatory Commission (FERC) issued its Final Policy Statement regarding the allocation of capacity on new merchant and non-incumbent, cost-based, participant-funded transmission projects…more

Capacity Allocation, Compliance, Discrimination, Electricity, FERC

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Winter 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Arbitration, China, Counterfeiting, Discovery, Enforcement

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Diebold Resolves FCPA Charges for $48 Million

On October 22, 2013, the U.S. Department of Justice (“DOJ”) and the Securities & Exchange Commission (“SEC”) announced their agreements with Diebold Inc. (“Diebold”) regarding probes into alleged bribery of foreign bank…more

Compliance, DOJ, Enforcement Actions, SEC, Settlement

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Public Policy News

The Legislature returns on January 14, 2014 for a flurry of session days before final adjournment on April 3, 2014. With the biennial budget and many other GOP big ticket items passed, the agenda this spring will include no bold…more

Political Campaigns, Political Debates, Public Policy

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New Scheduling Order May Preview Future Delaware "Local Patent Rules"

On March 24, 2014, Judge Sue L. Robinson of the District of Delaware adopted a new model Scheduling Order for patent cases litigated in her court. Apart from providing a comprehensive set of deadlines for virtually every aspect…more

Local Patent Rules, Patent Reform, Patents

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Growing Judicial Acceptance of Predictive Coding Highlights the Need for Inside and Outside Counsel to Consider Its Use in Document Intensive Litigation

When predictive coding technology made its way into the public consciousness in or about 2011, the biggest barrier to its widespread use – and probably the second most common question for attorneys following these issues, right…more

Complex Litigation, Document Review, Predictive Coding

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FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

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Finding Investors and Investments: What Do You Look For?

Matching investors and investments is a two-way street. Investors and companies alike look for a good fit. Strategic investors are ideal for most growth companies. However, every company seeking capital must ensure that it fits…more

Business Development, Funding, Investors

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Public Policy News

The Legislature returns on January 14, 2014 for a flurry of session days before final adjournment on April 3, 2014. With the biennial budget and many other GOP big ticket items passed, the agenda this spring will include no bold…more

Political Campaigns, Political Debates, Public Policy

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ACA’s “Pay-Or-Play” Penalty Delayed Until 2015

Last week, in a move welcomed by many employers, the Obama administration announced that it would delay implementation of certain key provisions of the Affordable Care Act (ACA) until 2015…more

Affordable Care Act, Deadlines, Delays, Employer Group Health Plans, Employer Mandates

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Statements Rendered Credit Report Reseller a Credit Repair Organization

Sounding a cautionary note to the hypercompetitive credit report resale and monitoring industry, the U.S. Court of Appeals for the Ninth Circuit recently held that a reseller’s statements on its website and in television…more

Credit Reports, CROA

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A Compilation of Enforcement and Non-Enforcement Actions - December 31, 2013

Investment Advisers — Are Your “IA Reps” Registered as Required? Why You Should Care - As we approach the end of the calendar year, it is a good time for investment advisers to check if all of its personnel who are…more

Chief Compliance Officers, Compliance, Enforcement, Enforcement Actions, Hedge Funds

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Obama Announces Affordable Care Act Enrollment Crosses the 8 Million Mark

Late last week, President Obama announced that more than 8 million had people signed up for health insurance under the Affordable Care Act. According to the White House, 35 percent of those that obtained insurance are under 35…more

Affordable Care Act, Healthcare, Healthcare.gov, Open Enrollment

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The SEC and Sustainability Shareholder Proposals

The SEC recently has encouraged “sustainability” shareholder proposals under Rule 14a-8. In their December 2013 INSIGHTS article, Foley attorneys Patrick Daugherty and Daniel Pieringer discuss strategies for manufacturers to…more

Manufacturers, SEC

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The Impact of Kahn v. M&F Worldwide Corp.: Delaware Supreme Court Affirms That Business Judgment Review Applies to Properly Structured Controlling Stockholder Buyouts

In Kahn v. M&F Worldwide Corp., the Delaware Supreme Court unanimously affirmed the Court of Chancery’s decision that the more deferential business judgment rule standard of review, rather than an entire fairness standard of…more

Business Judgment Rule, Controlling Stockholders, Minority Shareholders, Shareholder Litigation, Shareholder Votes

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TTAB Cancels Registration Due to Improper Assignment of Intent-to-Use Application

In a precedential decision issued last week, the Trademark Trial and Appeal Board (TTAB) cancelled a registration because it was based on an intent-to-use (ITU) application that had been the subject of an intra-corporate…more

Assignments, Intent-to-Use, Trademarks, USPTO

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The "Olympics of Restructuring": Kevyn Orr Named Detroit's EFM

Kevyn Orr, a University of Michigan Law School graduate and former partner at the law firm Jones Day, has been selected by Governor Rick Snyder as Detroit’s Emergency Financial Manager (EFM). As EFM, Orr will be responsible for…more

Chapter 9, Debt, Emergency Managers, Restructuring

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Post-Acute Care: The Hottest Area in Health Care

Much has been written about hospital consolidation premised upon the search for efficiencies driven by scale and integration as reflected in the white hot hospital merger market over the last several years. While no doubt that…more

Acute Facilities, Healthcare, Medicare

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Notice Regarding Marketplace Coverage Options Due October 1

The October 1, 2013 deadline for providing employees with a notice of their coverage options through the newly established public health insurance exchanges (referred to as the “Marketplace”) is quickly approaching. This news…more

Affordable Care Act, Deadlines, DOL, FLSA, Health Insurance Exchanges

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A Fever Over Paid Sick Leave Laws

On the heels of a nasty flu season, the topic of mandating paid sick leave seems more popular than ever. The battle between those who prefer their working and eating environments “sneeze-free” and those who prioritize limiting…more

Local Ordinance, Medical Leave, Municipalities, Paid Leave

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Finley Hospital — Beware the "Dynamic" Status Quo

One of the bedrock and usually easily understood principles underlying the National Labor Relations Act is that once a union gets involved with your employees, your right to make and implement unilateral decisions about wages,…more

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A Workflow for Managing Large-Scale Document Reviews

Lawyers don’t like to think of themselves as assembly line workers. It isn’t that legal work is necessarily more complicated than assembly line work. Rather, the reason is that lawyers are trained to be generalists, and as a…more

Corporate Counsel, Document Review

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Trade War Continues – China Hits U.S. Solar Material Suppliers with Final Anti-Dumping and Anti-Subsidy Duties

In a move viewed by many as retaliation against the U.S. for the anti-dumping and countervailing duties assessed by the U.S. against Chinese solar panels, China recently finalized its anti-dumping duties on imports into China of…more

Anti-Subsidies, Antidumping Duties, China, Countervailing Duties, Solar Panels

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Catapult Chicago: Big Progress for the Emerging Company Scene

Foley & Lardner’s Chicago office, home to Catapult Chicago, is proud to see the recent uptick in praise for the uniquely collaborative start-up community located in Chicago’s River North neighborhood, as it has made important…more

Economic Development, Emerging Growth Companies, Job Creation, Rahm Emanuel, Startups

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FERC Issues Policy Statement Clarifying Requirements for Capacity Allocation for Merchant Transmission Projects

On January 17, 2013, the Federal Energy Regulatory Commission (FERC) issued its Final Policy Statement regarding the allocation of capacity on new merchant and non-incumbent, cost-based, participant-funded transmission projects…more

Capacity Allocation, Compliance, Discrimination, Electricity, FERC

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Recent Notable Industry Developments

Following SEC Chair Mary Jo White’s recent remarks suggesting a change to the SEC’s long-standing policy of permitting defendants to settle cases “without admitting or denying” the SEC’s allegations of wrongdoing, co-Directors…more

CBOE, Enforcement Actions, FINRA, Mary Jo White, Neither Admit Nor Deny Settlements

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Because M&A Due Diligence Was Not Already Complicated Enough…

A recent federal appeals court decision suggests that businesses looking at potential acquisitions or mergers have yet another, relatively new concern to their due diligence list when examining the target business: an increased…more

Due Diligence, Employer Liability Issues, FLSA, Policy Violations, Successor Liability

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Senate Finance Committee Passes PTC Extension as Part of Tax Extenders

On April 3, the Senate Finance Committee passed a modified extenders package that includes a two-year extension of the renewable energy production tax credit (PTC) under section 45 of the Internal Revenue Code as well as an…more

Production Tax Credit, Tax Extenders, Tax Reform

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Massachusetts High Court Expands Strict Liability for Building Code Violations

In an April 10, 2014, decision that expressly overruled its own 15-year old precedent, the Massachusetts Supreme Judicial Court has held that the owner of a building used as a place for a large number of people to gather will be…more

Building Codes, Building Standards, Strict Liability

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The Complexities of the USPTO Proposed Attributable Ownership Rules

The USPTO proposed attributable ownership rules would require the public disclosure of the “attributable owner” of patent applications and patents. As discussed in this article, the proposed definition of “attributable owner”…more

Assignments, Corporate Veil, Disclosure Requirements, FTC, Patent Applications

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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OIG Publishes Report Identifying Issues With 340B Contract Pharmacy Arrangements

On February 5, 2014, the Office of the Inspector General (OIG) for the Department of Health and Human Services (HHS) published a report (OIG Report) describing the results of a survey it had conducted of the use of contract…more

340B, Healthcare, HHS, OIG, Pharmacies

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"They Owe You" Does Not Always Mean You Can Withhold

It is common for employees to separate from employment while still owing money to their employer. Such indebtedness can be generally attributed to a variety of causes, which can be broken down into three categories..…more

Debt, Hiring & Firing, Overpayment, Wage Deductions, Wages

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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More Facebook Issues: This Time, It’s the Stored Communications Act

Employer use of social media information in employment decisions has received much attention in the past couple of years. As we have previously reported, several states have passed laws precluding employers from asking for…more

Facebook, NLRA, NLRB, Passwords, Social Media

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Defensive Publication: An Alternate Way of Maintaining Your Turf in a Competitive Marketplace

It is common knowledge that the bread-and-butter of emerging startups lies in securing exclusive rights to key aspects of their implicated technology. Staking claims to valuable IP assets via direct ownership or exclusive…more

America Invents Act, Patent Prosecution, Patents, Prior Art, Startups

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A Compilation of Actions - April 01, 2014

In a recent SEC no-action letter (RS Global Natural Res. Fund, SEC no-action letter, available 3/6/14), the SEC stated that it would take a non-enforcement position if a SEC registered investment adviser to a fund registered…more

Compliance, Enforcement, Investment Company Act of 1940, No-Action Letters, SEC

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FDA Takes Steps to Declare Partially Hydrogenated Oils No Longer GRAS and Seeks Comments

On November 7, 2013, the Food and Drug Administration (FDA) announced that it has tentatively determined that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) for any use in food. PHOs are the…more

FDA, Food Safety, Trans Fat

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IRS “Pay or Play” Final Regulations Delay Compliance Date for Certain Employers, Reduce Penalty Exposure for Others

Earlier this week, the IRS issued final regulations that provide additional guidance on the new “pay or play” rules (also called the employer shared responsibility rules) that will generally apply to employers’ group health…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

See All Updates »

EU Commission Announces New European Technology Licensing Rules

The European Union adopted on March 21, 2014, revised competition rules for the transfer of technology covering certain categories of agreements for licensing of patents, know-how and software copyrights. The EU reaffirmed its…more

EU, European Commission, Licensing Rules, Technology

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Analysis of Amendments to Federal Rules of Civil Procedure 45 and 37

The Supreme Court of the United States has made significant amendments to Federal Rule of Civil Procedure 45, which became effective on December 1, 2013. Rule 45 governs the form, issuance, service, enforcement of, compliance…more

Federal Rules of Civil Procedure, Proposed Amendments, Rule 37, Rule 45, SCOTUS

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HHS Issues Guidance on Sharing Mental Health Information

The U.S. Department of Health and Human Services (HHS) recently issued guidance on when it may be permissible under the Health Insurance Portability and Accountability Act (HIPAA) for health care providers to share information…more

Data-Sharing, HHS, HIPAA, Information Sharing, Mental Health

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The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and certain…more

DOMA, Employee Benefits, Employer Mandates, Marriage, Same-Sex Marriage

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Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Finally…FDASIA Health IT Regulation Report Released

The U.S. Food and Drug Administration (FDA), along with HHS’ Office of the National Coordinator for Health Information Technology (ONC) and the Federal Communications Commission (FCC, together with FDA and ONC, the “Agencies”)…more

Data Protection, FCC, FDA, FDASIA, Health Information Technologies

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ICANN Opens Trademark Clearinghouse as Part of Imminent Domain Name Expansion

With the launch of possibly hundreds of new generic top-level domains (gTLDs) on the horizon, the Internet Corporation for Assigned Names and Numbers (ICANN) will open on March 26, 2013 the Trademark Clearinghouse (TMCH), in…more

Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks

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A “De Minimis” Cost Can be Enough to Defeat a Religious Accommodation Claim

While many employers are familiar with the phrase “reasonable accommodation” because of the Americans with Disabilities Act and similar state laws, the ADA is not the only employment law that requires employers to make…more

De Minimis Claims, Reasonable Accommodation, Religion

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Beware of Clever Angels

Angel funding is a critical source of capital for early stage companies. This type of financing will typically raise from $100,000 to $1,000,000 – with even higher amounts coming from so-called “super angels.” Yet, at this early…more

Angel Investors, Funding, Startups

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AAA Makes Substantial Revisions to Commercial Arbitration Rules

The American Arbitration Association (“AAA”) issued new Arbitration Rules and Mediation Procedures governing commercial disputes for AAA commercial arbitrations initiated on or after October 1, 2013. Arbitration proceedings…more

American Arbitration Association, Arbitration, Commercial Arbitration

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Remaining Independent: A Viable Option for Community Hospitals

The environment for independent community hospitals is challenging. Government reimbursement reductions, technology enhancements and other capital demands, preparation for a changing health care system based on population health…more

Healthcare, Hospitals

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PARTS Act Could Limit Automotive Design Patent Enforceability to 2.5 Years

On April 23, 2013, H.R. 1663 “Promoting Automotive Repair, Trade, and Sales Act of 2013’’ or the ‘‘PARTS Act’’, was referred to the House Judiciary Committee. Similar bill H.R. 3889 died in committee last year. The proposed bill…more

Automotive Industry, Design Patent, PARTS Act, Patents, Proposed Legislation

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Pre-Issuance Conduct May Support Declaratory Judgment Jurisdiction

On March 11, 2014, in Danisco US Inc. v. Novozymes A/S, No. 2013-1214 (Fed. Cir.), the Federal Circuit held that pre-issuance conduct can be considered when determining whether a declaratory judgment defendant has instigated a…more

Declaratory Judgments, Jurisdiction, Patent Litigation, Patents, USPTO

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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The Supreme Court Redefines Standing Test for Lanham Act False Advertising Claims

On March 25, 2014, the Supreme Court clarified the standing requirements for false advertising claims brought under the Lanham Act. In Lexmark Intl., Inc. v. Static Control Components Inc., 572 U.S. ___ (2014), the Court, in a…more

False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components, SCOTUS

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

See All Updates »

Auto Suppliers Prepare for Barrage of Recalls

With the recent high-profile recalls involving Toyota and GM, auto suppliers are anticipating a spike in recalls and asking themselves how to prepare for this inevitability. As a start, auto suppliers need to understand…more

Automobile Recall, Automotive Industry, General Motors, NHTSA, Toyota

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Have Your Safeguards for Protecting Confidential Information Kept Pace With Your Next-Generation Manufacturing Processes?

Today’s next-generation manufacturing is marked by speed and technology. However, technology can be a double-edged sword. On one hand, technological innovations and advancements have resulted in a manufacturing resurgence in the…more

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The SEC’s Municipal Advisor Rule Will Prompt New Practices for Market Participants

A new rule will take effect on July 1, 2014 that regulates persons and firms that provide advice to municipal issuers and obligated parties regarding municipal financial products or the issuance of municipal securities. Although…more

Compliance, Dodd-Frank, MSRB, Municipal Advisers, SEC

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Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

See All Updates »

Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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HHS Issues Final Omnibus HIPAA/HITECH Rule

On January 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (HHS) issued the long-awaited omnibus final rule (the Rule) implementing changes in current regulations under the Health…more

Business Associates, Data Breach, Data Protection, Disclosure Requirements, Enforcement

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FDA Takes Steps to Declare Partially Hydrogenated Oils No Longer GRAS and Seeks Comments

On November 7, 2013, the Food and Drug Administration (FDA) announced that it has tentatively determined that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) for any use in food. PHOs are the…more

FDA, Food Safety, Trans Fat

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CFPB Takes Its First Aim at Abusive Practices Under Dodd-Frank

Yesterday, the CFPB took the first step in enforcing the “abusive” standard under the Dodd-Frank Act’s prohibition of unfair, deceptive and abusive acts and practices (“UDAAP”) by filing a federal action against a Florida…more

CFPB, Debt Collection, Debt-Relief Industry, Dodd-Frank, FTC

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Wisconsin Court Confirms Computer-Controlled Medical Devices Are Exempt From Property Tax

In 2008, the Wisconsin Tax Appeals Commission ruled that the following categories of computerized medical equipment are exempt from property tax: - Ultrasound equipment - Magnetic resonance imaging (MRI)…more

Exemptions, Medical Devices, MRI, Property Tax

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EU Moves Closer to a "Unitary" Patent Regime for Obtaining and Litigating Patents in Europe

On December 11, 2012, the European Parliament approved a set of three proposals to create (1) a “unitary” patent valid across 25 EU member states, (2) a simplified language regime for EU patents, and (3) a unified patent court…more

EU, Patents, Unified Patent Court, Unitary Patent

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Expanded Exemption for Religious Employers Regarding Women's Contraceptive Services

The Patient Protection and Affordable Care Act requires non-grandfathered group health plans to cover preventive services at no cost. For women this includes all FDA-approved contraceptive methods, sterilization procedures, and…more

Affordable Care Act, Contraceptive Coverage Mandate, Exemptions, Religious Institutions, Self-Insured Health Plans

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A Review of Recent Whistleblower Developments

In a ground-breaking decision, on March 4, 2014, the United States Supreme Court held in Lawson v. FMR LLC, 571 U.S. __ Case 12-3 (Mar. 4, 2014), that §1514A of the Sarbanes-Oxley Act of 2002 provides a right of action for…more

FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS, Whistleblower Protection Policies

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

See All Updates »

Lawn Mowers and Wheelbarrows Are Now "Motor Vehicles" in New Hampshire

A statute just enacted in New Hampshire will subject tractors, farm implements, construction, industrial, and forestry equipment, and even lawn and garden equipment to the detailed regulatory regime applying to car dealerships…more

Local Ordinance, Motor Vehicles, New Regulations, Special Purpose Vehicles

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SolarWorld Files New Anti-Dumping and Anti-Subsidy Cases against China and Taiwan Solar Cells

On December 31, 2013, SolarWorld Industries America Inc. petitioned the Department of Commerce and the International Trade Commission to begin antidumping investigations against the People’s Republic of China and Taiwan and a…more

Anti-Dumping Duty, China, Environmental Claims, Investigations, Solar Panels

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The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and certain…more

DOMA, Employee Benefits, Employer Mandates, Marriage, Same-Sex Marriage

See All Updates »

FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

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White House Expands Russian Sanctions: New Executive Order Targets Major Russian Industries

On March 20, 2014, President Obama issued a new Executive Order expanding sanctions against Russian officials and other entities involved in Moscow’s recent annexation of Crimea…more

Foreign Policy, Russia, Sanctions, Ukraine

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Retaliation Gets a Broader View

Retaliation cases continue to grow in number and, in a decision on June 4, 2013 of the Tenth Circuit Court of Appeals, in scope as well…more

Hiring & Firing, Protected Activity, Retaliation, Sarbanes-Oxley, Whistleblower Protection Policies

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Are Loan Documents Enforceable in Wisconsin?

Three recent decisions call attention to the fundamental issue of the extent to which courts will enforce loan agreements and guaranties in accordance with their terms rather than imposing uncertain standards of fairness,…more

Good Faith, Loan Documentation, Loans

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Florida’s False Claims Act – Did You Know It Changed Last Year?

In June 2013, Florida’s legislature significantly amended Florida’s False Claims Act, Fla. Stat. §§ 68.081-68.092 (“FFCA”), effective July 1, 2013. Although these amendments have not received much publicity or commentary, they…more

False Claims Act, False Reporting, Florida, Fraudulent Inducement, Misrepresentation

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Interns: Unpaid and Unprotected?

As we have previously mentioned, issues relating to unpaid interns continue to be a hot topic. In the wage law arena, disenchanted former interns have brought a string of well-publicized class action lawsuits against their…more

Class Action, Discrimination, NYCHRL, Over-Time, Sexual Harassment

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7th Circuit Upholds Regional Cost Allocation for MISO Transmission Projects

The U.S. Court of Appeals for the Seventh Circuit recently upheld MISO’s FERC-approved multi-value project (MVP) tariff, which spreads the costs of constructing certain new transmission lines across the entire MISO footprint…more

Energy Consumption, FERC, MISO, Renewable Energy, Tariffs

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City of Harrisburg Settles With SEC on Rule 10b-5 Violations

Recently, the SEC settled with the City of Harrisburg (City) over violations of Rule 10b-5 in connection with material misstatements and omissions made by the City in its public statements and financial information, during a…more

Disclosure, Rule 10b-5, SEC, Settlement

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Lawn Mowers and Wheelbarrows Are Now "Motor Vehicles" in New Hampshire

A statute just enacted in New Hampshire will subject tractors, farm implements, construction, industrial, and forestry equipment, and even lawn and garden equipment to the detailed regulatory regime applying to car dealerships…more

Local Ordinance, Motor Vehicles, New Regulations, Special Purpose Vehicles

See All Updates »

A Review of Recent Whistleblower Developments

In a ground-breaking decision, on March 4, 2014, the United States Supreme Court held in Lawson v. FMR LLC, 571 U.S. __ Case 12-3 (Mar. 4, 2014), that §1514A of the Sarbanes-Oxley Act of 2002 provides a right of action for…more

FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS, Whistleblower Protection Policies

See All Updates »

Are Search Terms Work Product?

Parties conduct electronic discovery often by using search terms or keywords to locate relevant information during litigation. With the advent of electronic discovery, courts must now answer the question of whether the search…more

Apple, Discoverable, Discovery, Document Productions, Document Review

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White House Releases Voluntary Guidelines for Cybersecurity

On Wednesday, February 12, the White House released the Framework for Improving Critical Infrastructure Cybersecurity. The Framework represents the culmination of a year-long private-sector led effort to create voluntary…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, NIST

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New Requirements for NHTSA Recalls and Early Warning Reporting Become Effective October 21

In August, NHTSA adopted numerous amendments to its recall and early warning reporting (EWR) regulations. (See 78 Federal Register 51382 (Aug. 20, 2013)). Several of these amendments – which impact all vehicle and equipment…more

Defect, Early Warning Regime, NHTSA, Product Recalls, Safety Precautions

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As the Class Waiver Turns — The Latest in the D.R. Horton Saga

Tuesday, December 3, 2013, marked the latest turn in the D.R. Horton saga. On Tuesday, the Fifth Circuit Court of Appeals rejected the National Labor Relations Board’s (the Board’s) January 3, 2012 ruling in the D.R. Horton…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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Michael Jordan v. Jewel Food Stores: The Seventh Circuit Explores the Boundaries of Commercial Speech

When and how the First Amendment applies is normally a complicated question. In a case decided earlier this week, Michael Jordan v. Jewel Food Stores, Inc., No. 12-1992, the parties teamed up to present an issue on commercial…more

Commercial Speech, First Amendment, Free Speech, Michael Jordan

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Sixth Circuit in Carter Refuses to Defer to HUD’s RESPA Guidelines

In a decision two years in the making, on Wednesday, November 27, 2013, the Sixth Circuit Court of Appeals brought some clarity to the use of affiliated business arrangements (“ABAs”) under Real Estate Settlement Procedures Act…more

Affiliated-Business Arrangements, Compliance, HUD, RESPA, Rule of Lenity

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‘Tis the Season for Office Romances … Love and the Office Water Cooler

As Valentine’s Day approaches, what better time to address the proverbial workplace issue — the office romance. While everyone certainly loves a great love story with a happily ever after ending, unfortunately, office romance…more

Anti-Harassment Policies, Investigations, Love Contracts, Workplace Romances

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2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by…more

Groundwater, Licenses, Patents, Technology, Water

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U.S. Supreme Court Reins in Bankruptcy Court Authority Under § 105(a)

On March 4, 2014, the United States Supreme Court issued its decision in Law v. Siegel, 571 U.S. __ (Mar. 4, 2014) and held that the bankruptcy court exceeded its authority under section 105(a) of the Bankruptcy Code and its…more

Bankruptcy Code, Chapter 7, Consumer Bankruptcy, Homestead Exemption, SCOTUS

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House Bill 569 Changes Florida's Campaign Finance Law

On May 1, 2013, Governor Rick Scott signed into law House Bill 569 (HB569), which enacts sweeping changes to Florida’s campaign finance laws. The changes will affect every elected official as well as any person who makes…more

Campaign Contributions, Campaign Finance Reform, Political Contributions

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Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

See All Updates »

FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

See All Updates »

Medicare Issues Final Rules for Hospital Outpatient and Ambulatory Surgery Center Payment Systems

On November 15, 2012, the Centers for Medicare and Medicaid Services (CMS) published in the Federal Register final rules that would, among other things, update payment policies and rates under the Outpatient Prospective Payment…more

CMS, Medicaid, Medicare

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Recommendations for NextGen Health IT Infrastructure

Health care information technology (health IT) facilitates the delivery of personalized medicine by providing and supporting the infrastructure for patients, consumers and health care providers to communicate and distribute…more

FCC, Healthcare, Medical Devices, ONC, Technology

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FMLA Challenges in a Next-Generation Manufacturing World

Successful next generation manufacturers must work with their customers and suppliers as true partners in order to rapidly produce high-quality products…more

Compliance, FMLA, Human Resources Professionals, Manufacturers

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The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and certain…more

DOMA, Employee Benefits, Employer Mandates, Marriage, Same-Sex Marriage

See All Updates »

"Possession, Custody, Or Control" In eDiscovery

Federal Rule of Civil Procedure 34(a) requires litigants to produce documents – including, of course, ESI – so long as those documents are in their “possession, custody, or control.”…more

Custody Rule, Discovery, Document Productions, Technology

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

See All Updates »

Patent Office Extends AFCP 2.0 to December 2013

The United States Patent and Trademark Office (USPTO) just announced that the After Final Consideration Pilot 2.0 (AFCP 2.0) has been extended to December 14, 2013. The AFCP 2.0 was previously scheduled to expire on September…more

AFCP, Extensions, Patent Applications, Patents, Request for Continued Examination

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Electronic Discovery Costs and Requests for Cost-Shifting

A supplier who has had to respond to discovery requests that seek electronically stored information (“ESI”) knows there is a general presumption that the responding party bears the expense of complying with the discovery…more

Cost-Shifting, Discovery, Electronically Stored Information

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Draft Guidelines for TeleICU Operations Released

The American Telemedicine Association released draft Guidelines for TeleICU Operations on March 28, 2014 and is seeking public comments through April 26, 2014. Practice guidelines can serve as a useful reference point for…more

mHealth, Standard of Care, Telehealth, Telemedicine

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Enforcement of Forum Selection Clauses Just Got Easier

The U.S. Supreme Court’s recent decision in Atl. Marine Const. Co., Inc. v. U.S. Dist. Ct. for the W. Dist. of Tex., et al., No. 12-929, 2013 U.S. LEXIS 8775, 571 U.S. ___ (2013), provides needed clarity not only on the…more

Forum, Forum Selection Clause, SCOTUS

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Copyright and Patent Implications of Supreme Court's First Sale Doctrine Ruling

In a 6-3 decision issued on March 19, 2013, the U.S. Supreme Court held that the first sale doctrine, which allows the owner of a “lawfully made” copy of a copyrighted work to freely sell it, also applies to the resale of copies…more

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

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“Enablement, Enablement, Enablement”: Evaluating the Strength of a Provisional Patent

There’s an old saying that, when it comes to establishing the value of real property, it’s all about “location, location, location.” When it comes to intellectual property, it can be said that it’s all about “enablement,…more

Patent Applications, Patents, Provisional Applications

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Shifting Gears: General Motors Invests in Logistics

General Motors’s (GM) new Arlington, Texas, stamping plant is the 10th contiguous stamping plant added to GM’s global operations in the last five years. And, there’s a reason for that. Actually there are several. The realigned…more

Auto Manufacturers, Automotive Industry, General Motors, Risk Mitigation

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CFPB Unveils New Integrated Disclosures Under RESPA and TILA

Today, in a broadcast streamed live on the internet, the CFPB unveiled the long awaited final rule that contains the Integrated Mortgage Disclosures under the Real Estate Settlement Procedures Act (“RESPA”), Regulation X, and…more

CFPB, Closing Documents, Disclosure Requirements, Lenders, Mortgage Brokers

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Privacy: What the World Has to Say About It

Let’s face it: technology has made the world smaller. It’s no longer extraordinary for what was once termed a “mid-sized” or “regional” company to trade and outsource in foreign markets. Indeed, the Internet has made it…more

Data Protection, EU, EU Data Protection Laws, Privacy Laws, Privacy Policy

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

See All Updates »

Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

See All Updates »

Sixth Circuit in Carter Refuses to Defer to HUD’s RESPA Guidelines

In a decision two years in the making, on Wednesday, November 27, 2013, the Sixth Circuit Court of Appeals brought some clarity to the use of affiliated business arrangements (“ABAs”) under Real Estate Settlement Procedures Act…more

Affiliated-Business Arrangements, Compliance, HUD, RESPA, Rule of Lenity

See All Updates »

New SEC Chair: What It May Mean for the Municipal Securities Market

Participants in the municipal securities market should take particular interest in the appointment of Elisse B. Walter as chair of the SEC. Her close association with regulation of the municipal securities market makes it likely…more

Dodd-Frank, Elisse B. Walter, MSRB, Municipal Securities Market, SEC

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FTC Loses Another Privilege Battle

In two recent cases, the FTC has brought federal court challenges to either parties’ or subpoena recipients’ claims of privilege – and so far, the FTC has lost both times. For attorneys who regularly practice before the FTC, or…more

Board of Directors, Business Privilege, FTC, Litigation Privilege, Subpoenas

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EU Commission Announces New European Technology Licensing Rules

The European Union adopted on March 21, 2014, revised competition rules for the transfer of technology covering certain categories of agreements for licensing of patents, know-how and software copyrights. The EU reaffirmed its…more

EU, European Commission, Licensing Rules, Technology

See All Updates »

Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

See All Updates »

Caught Snooping on Privacy Rights: Illinois Supreme Court Invalidates State Eavesdropping Law

Late last month, the Illinois Supreme Court essentially gutted the state’s long-standing eavesdropping law, placing the state into an unprecedented “no-mans-land” for the recording of private conversations. In two separate…more

Audio Recording, Eavesdropping, Invasion of Privacy, Right to Privacy, Surveillance

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Supreme Court Hears Argument on Software Patents

On April 1, 2014, the Supreme Court heard arguments in Alice Corp. Pty. Ltd.v. CLS Bank Int’l, which concerns the patent eligibility of computer-implemented inventions. This is the fourth recent Supreme Court case addressing…more

CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents, SCOTUS

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SEC Wins Victory in Conflict Minerals Rules Litigation

The SEC’s conflict minerals rules have withstood judicial challenge — so far. On July 23, 2013, the U.S. District Court for the District of Columbia rejected the summary judgment motion of the plaintiffs challenging the conflict…more

Conflict Mineral Rules, Dodd-Frank, First Amendment, Free Speech, Minerals

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Auto Suppliers Prepare for Barrage of Recalls

With the recent high-profile recalls involving Toyota and GM, auto suppliers are anticipating a spike in recalls and asking themselves how to prepare for this inevitability. As a start, auto suppliers need to understand…more

Automobile Recall, Automotive Industry, General Motors, NHTSA, Toyota

See All Updates »

The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and certain…more

DOMA, Employee Benefits, Employer Mandates, Marriage, Same-Sex Marriage

See All Updates »

Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

See All Updates »

Fiat Deal for Full Ownership of Chrysler Further Evidence of Strong U.S. Automotive Market

When Fiat announced its $4.35 billion deal to gain full control of Chrysler Group LLC, market approval came quickly as Fiat’s shares spiked to over 2 year highs. The deal, which recently closed, is viewed as an effort by Fiat to…more

Automotive Industry, DaimlerChrysler, Fiat

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Eleventh Circuit Further Muddies the Waters for Collectors

The Telephone Consumer Protection Act’s safe harbor for calls made with the prior express consent of the called party is destroyed the moment the debtor says, “Stop calling me!” So too, a collector can be liable for autodialed…more

Creditors, Debt Collection, Debtors, TCPA

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USPTO Issues New Guidelines on Subject Matter Eligibility Under 35 USC 101 in View of Myriad and Prometheus

The USPTO issued new guidelines for determining if claims are eligible for patenting in light of the Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S., 133 S. Ct. 2107, 2116, 106 USPQ2d 1972 (2013), and Mayo…more

Patent-Eligible Subject Matter, USPTO

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New SEC Chair: What It May Mean for the Municipal Securities Market

Participants in the municipal securities market should take particular interest in the appointment of Elisse B. Walter as chair of the SEC. Her close association with regulation of the municipal securities market makes it likely…more

Dodd-Frank, Elisse B. Walter, MSRB, Municipal Securities Market, SEC

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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Go Figure: The EEOC Clears Itself on Discrimination Charges

Yes, the title of this article is right. The EEOC recently issued a decision finding that it — the EEOC — did not discriminate on the basis of age when it chose a 35-year old applicant over a 71-year old applicant (and we will…more

Age Discrimination, Conflicts of Interest, Discrimination, EEOC

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Recent Notable Industry Developments

Following SEC Chair Mary Jo White’s recent remarks suggesting a change to the SEC’s long-standing policy of permitting defendants to settle cases “without admitting or denying” the SEC’s allegations of wrongdoing, co-Directors…more

CBOE, Enforcement Actions, FINRA, Mary Jo White, Neither Admit Nor Deny Settlements

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Investor Updates: Best Practices and Useful Tips from an Angel Investor

As an angel investor and lawyer I see a good number of investor updates, but I don't see companies sending them frequently enough and they don't usually include some of the most important content should be communicated to the…more

Angel Investors, Investors

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CMS Releases Medicare Part B Supplier Billing and Payment Data

Potential for Increase in Whistleblower Litigation - On April 8, 2014, The Centers for Medicare & Medicaid Services (CMS) released, with tremendous fanfare, hundreds of thousands of points of billing data regarding…more

CMS, False Claims Act, Medicare, Medicare Part B, Whistleblowers

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Department of the Interior Conducts Second Offshore Wind Auction

On September 4, 2013, the Interior Department’s Bureau of Ocean Energy Management (“BOEM”) held its public auction of the first federal lease for an offshore wind energy site off the Mid-Atlantic coast…more

Auction, BOEM, Department of the Interior, Leases, Offshore Wind

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Does Your Email Policy Pass Muster? New NLRB Decision Offers Guidance

Amidst the flurry of major legal announcements see here and here from the U.S. Supreme Court in the last couple of weeks, a recent NLRB decision slipped through barely noticed, yet it may have more practical consequences for…more

Compliance, Email, Employer Liability Issues, Human Resources Professionals, NLRB

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Trending Issues in the Prosecution of Trade Secret Theft

A year ago, we reported on a recent important change to the Economic Espionage Act (“EEA”), making the theft, transmission, or receipt of trade secrets a federal crime. The change clarifies that the EEA does not only apply to…more

Economic Espionage Act, Theft, Trade Secrets

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Wisconsin Court Confirms Computer-Controlled Medical Devices Are Exempt From Property Tax

In 2008, the Wisconsin Tax Appeals Commission ruled that the following categories of computerized medical equipment are exempt from property tax: - Ultrasound equipment - Magnetic resonance imaging (MRI)…more

Exemptions, Medical Devices, MRI, Property Tax

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Apple, Inc. - A Case Study in Successful Exploitation of Design and Innovation

Some of the world’s strongest consumer products companies have achieved this success by harmoniously integrating technical innovation and distinctive product design. Worldwide brands such as Bang & OlufsenTM are built on…more

Apple, Design Patent, Innovation, Patents

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Sentinel Decision Prioritizes Protection of Securities and Futures Markets

On March 19, 2014, the U.S. Court of Appeals for the Seventh Circuit decided Grede v. FCStone, LLC, Nos. 13-1232, 13-1278 (7th Cir. Mar. 19, 2014), an opinion that reinforces the importance of the portability of investment…more

CFTC, Commodities, Commodities Exchange Act, Commodity Futures Contracts, Commodity Pool

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Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice

An interesting and growing debate in the antitrust arena is whether most favored nation (“MFN”) pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly…more

Competition, Contract Drafting, DOJ, Most-Favored Nations

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First-Ever HIPAA Settlement Involving Fewer Than 500 Patients Announced

On January 2, 2013, the U.S. Department of Health and Human Services (HHS) announced a settlement with the Hospice of North Idaho (HONI) for potential HIPAA violations…more

Compliance, Data Breach, Data Protection, Health Information Technologies, HHS

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New Amendments to Delaware Law Impacts Mergers and Defective Corporate Acts

Delaware recently passed amendments to its General Corporation Law, which will impact corporate and acquisition rules for the automotive industry. The amendments add several new provisions to the DGCL, including provisions that…more

Automotive Industry, Back-End Mergers, Defective Corporate Acts, New Amendments, Shareholder Votes

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White House Issues Executive Actions and Legislative Recommendations for High-Tech Patent Issues

On June 4, 2013, the White House issued a press release through the Office of the Press Secretary identifying five executive actions and seven legislative recommendations primarily directed at reducing or discouraging the…more

Barack Obama, Non-Practicing Entities, Patent Reform, Patent Trolls, Patents

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Mischaracterizing Record of Ex Parte Reexamination May Constitute Inequitable Conduct

In Ohio Willow Wood Co. v. Alps South, LLC, No. 2012-1642 (Nov. 15, 2013) the Federal Circuit reversed a district court’s summary judgment ruling of no inequitable conduct and suggested in its decision that the patentee…more

Ex Parte, Patent Infringement, Patent Litigation, Patents, Summary Judgment

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Auto Suppliers Prepare for Barrage of Recalls

With the recent high-profile recalls involving Toyota and GM, auto suppliers are anticipating a spike in recalls and asking themselves how to prepare for this inevitability. As a start, auto suppliers need to understand…more

Automobile Recall, Automotive Industry, General Motors, NHTSA, Toyota

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House Bill 569 Changes Florida's Campaign Finance Law

On May 1, 2013, Governor Rick Scott signed into law House Bill 569 (HB569), which enacts sweeping changes to Florida’s campaign finance laws. The changes will affect every elected official as well as any person who makes…more

Campaign Contributions, Campaign Finance Reform, Political Contributions

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Does Your 2014 “To Do” List Include Updating Your Company’s Trade Secret Protections?

As you consider the tasks you did not quite finish in 2013 and look ahead to 2014, we recommend including on your to-do list a review of your company’s practices and procedures for protecting its valuable, proprietary…more

Confidential Information, Confidentiality, Non-Compete Agreements, Trade Secrets

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IRS “Pay or Play” Final Regulations Delay Compliance Date for Certain Employers, Reduce Penalty Exposure for Others

Earlier this week, the IRS issued final regulations that provide additional guidance on the new “pay or play” rules (also called the employer shared responsibility rules) that will generally apply to employers’ group health…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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New Accessibility and Energy Use Disclosure Requirements for California Commercial Landlords Effective July 1, 2013

Pursuant to California Civil Code Section 1938, each lease or rental agreement for commercial property executed on or after July 1, 2013 must state whether the property being leased or rented has undergone inspection by a CASp,…more

CASp, Commercial Leases, Disclosure Requirements, Energy Efficiency, Landlords

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Enforcer Nominated as FERC Chair

Enforcement experience and a prior Senate confirmation are features of President Obama’s choice to replace Jon Wellinghoff as a FERC Commissioner and Chairman. Norman Bay, the nominee, currently serves as the Director of the…more

FERC, Nominations

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New Consumer Product Safety Rules for Testing and Certification of Children's Products

On February 8, 2013, new requirements pertaining to product testing and certification for children’s products go into effect. These rules include, among other things, the following requirements..…more

Children's Toys, Consumer Product Safety Commission, CPSIA

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Mergers and Acquisitions for Academic Medical Centers

Academic Medical Centers and teaching hospitals (AMC/TH) are increasingly choosing to affiliate in some manner with other health care providers in order to surmount significant industry challenges. The first quarter of 2014 saw…more

Colleges, Hospitals, Mergers, Teaching Hospitals, Universities

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What’s Next for Conflict Minerals Rules After D.C. Circuit Decision?

On April 14, 2014, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-anticipated ruling in the industry challenge to the Securities and Exchange Commission’s (SEC) conflict minerals…more

Conflict Mineral Rules, Disclosure Requirements, First Amendment, National Association of Manufacturers, SEC

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eDiscovery: The View From Singapore

The Singaporean government has adopted aggressive measures to become a regional center for dispute resolution and arbitration in areas ranging from intellectual property, to oil and gas arbitration…more

Arbitration, Discovery, Dispute Resolution, Electronic Filing, Electronically Stored Information

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Medicare’s 60-Day Proposed Refund Rule Imposes Significant Liability on Providers

As part of the Affordable Care Act, Congress outlined the process for providers to return Medicare and Medicaid overpayments. In 2012, CMS proposed the 60-day Refund Rule, as it is commonly known, requiring Medicare providers…more

Affordable Care Act, CMS, Look-Back Measurement Period, Medicaid, Medicare

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A Compilation of Actions - April 01, 2014

In a recent SEC no-action letter (RS Global Natural Res. Fund, SEC no-action letter, available 3/6/14), the SEC stated that it would take a non-enforcement position if a SEC registered investment adviser to a fund registered…more

Compliance, Enforcement, Investment Company Act of 1940, No-Action Letters, SEC

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OESA Regional Meeting – Chicago Automotive Supplier Industry Update

Are you aware that General Motors (“GM”) issued new general terms and conditions (“Terms”) for direct material, customer care & aftersales, and tooling purchases effective for requests for quotation issued on or after July 15,…more

Automotive Industry, DOJ, General Motors, Plea Agreements, Price-Fixing

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What's the One Thing Missing from Most Employee Handbooks?

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment…more

Confidentiality, Disability, Employee Handbooks, FMLA, Hiring & Firing

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

See All Updates »

Crowdfunding Renewable Energy Projects in Early Stages and Growing in the U.S.

Direct investment in renewable energy projects has been an anticipated financing option among editorialists and bloggers the past year, and seems to finally be gaining traction in the United States…more

Crowdfunding, JOBS Act, Renewable Energy, SEC

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U.S. Supreme Court Reins in Bankruptcy Court Authority Under § 105(a)

On March 4, 2014, the United States Supreme Court issued its decision in Law v. Siegel, 571 U.S. __ (Mar. 4, 2014) and held that the bankruptcy court exceeded its authority under section 105(a) of the Bankruptcy Code and its…more

Bankruptcy Code, Chapter 7, Consumer Bankruptcy, Homestead Exemption, SCOTUS

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Winter 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Arbitration, China, Counterfeiting, Discovery, Enforcement

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Office of Civil Rights Releases Guidance on De-Identification of PHI Under HIPAA Privacy Rule

On November 26, 2012, the Department of Health and Human Services Office for Civil Rights (OCR) released long-overdue guidance on how covered entities subject to the Health Insurance Portability and Accountability Act (HIPAA)…more

De-Identification, Healthcare, Healthcare Professionals, HHS, HIPAA

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U.S. Supreme Court: Silence Admissible

When faced with questions from a government investigator, a person’s silence can now be used in a criminal trial against the person who was questioned and declined to provide an answer…more

Admissibility, Criminal Prosecution, Evidence, Jury Trial, SCOTUS

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Are Loan Documents Enforceable in Wisconsin?

Three recent decisions call attention to the fundamental issue of the extent to which courts will enforce loan agreements and guaranties in accordance with their terms rather than imposing uncertain standards of fairness,…more

Good Faith, Loan Documentation, Loans

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Are You “At Home” in the State In Which You Must Defend Against a Lawsuit? The Implications of Daimler AG v. Bauman

The U.S. Supreme Court recently issued a much anticipated decision in Daimler AG v. Bauman that will not only reverberate through the legal world, but the auto world as well. Large corporations that do business across a wide…more

Automotive Industry, DaimlerChrysler, DaimlerChrysler v Bauman, Foreign Corporations, Foreign Jurisdictions

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White House Releases Voluntary Guidelines for Cybersecurity

On Wednesday, February 12, the White House released the Framework for Improving Critical Infrastructure Cybersecurity. The Framework represents the culmination of a year-long private-sector led effort to create voluntary…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, NIST

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Donning and Doffing More Than His Robe, Judge Posner Tries an Experiment in Chambers

At the end of every episode of the People’s Court, viewers were admonished: “Don’t take the law into your own hands. You take them to court.” But what happens when you do take them to court, and the judge takes the facts into…more

Appeals, Doffing, Donning, Richard Posner, Wage and Hour

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Recent Amendments to New York’s Not-For-Profit Corporations Law

Time to Update Your Corporate Bylaws? New York Gov. Andrew Cuomo signed the New York Non-Profit Revitalization Act of 2013 (Act), into law in December 2013, thereby adopting important changes to the governance of…more

Choice of Entity, Corporate Governance, Non-Profits

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Rational Basis Review Is Not Empirical Basis Review: Fifth Circuit Criticizes the Seventh Circuit's Decision in Van Hollen

Late last year the Seventh Circuit issued its decision in Planned Parenthood of Wisconsin, Inc. v. Van Hollen, No. 13-2726 (7th Cir. Dec. 20, 2013), a constitutional challenge to a new Wisconsin law (known as Act 37) that…more

Standard of Review

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Assessing Credibility While Conducting Harassment Investigations

Employee Jones tells Human Resources that employee Smith has been making sexually offensive comments at work. Jones provides dates and details. Human Resources interviews Smith, who says Jones is making up the story and…more

Evidence, Harassment, Human Resources Professionals, Internal Investigations

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The CFPB Requests That Agreements Marketing Financial Products to Students Enrolled in Institutions of Higher Education be Voluntarily Made Available on the Company’s Website

As a follow up to its initial inquiry earlier this year, the Consumer Financial Protection Bureau (“CFPB”) is alerting financial institutions about the “potentially risky practice of making secret payments” to colleges and…more

CFPB, Colleges, Credit Cards, Marketing, Students

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Funeral Leaves Are Not Always What They May Seem

We often counsel employers to be wary of employment law considerations in situations that may not seem obvious at first glance. For example, prohibiting employees from using certain language on social media sites has proven to…more

Bereavement Leave, Discrimination, Funerals, Hiring & Firing, Reasonable Accommodation

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New NYSE Listing Standards Applicable to Compensation Committees and Advisers Now Final

On January 11, 2013, the SEC approved new listing standards regarding independence requirements for compensation committees and compensation advisers of New York Stock Exchange (NYSE) listed companies. The NYSE initially…more

Compensation Committee, Cure Periods, Exemptions, Listing Standards, NYSE

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The Sixth Circuit Invalidates Shortened Limitations Period for FLSA and EPA Claims

In some jurisdictions, such as Michigan, an employer may be able to shorten the statute of limitations for an employee to file an employment discrimination lawsuit…more

Discrimination, Equal Pay Act, FLSA, Gender Discrimination, Gender-Based Pay Discrimination

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Considerations If Conceding Infringement Or Designing Around

A decision issued by the Federal Circuit earlier this year raises a few things to have in mind when considering whether to concede infringement and when planning to design around a patent. In Proveris Scientific Corp. v…more

Patent Infringement, Patents

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D.C. Circuit Partially Strikes Down SEC Conflict Minerals Rules

On April 14, 2014, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in the challenge to the SEC’s conflict minerals disclosure rule filed by the National Association of Manufacturers (“NAM”) and…more

Administrative Procedure Act, Conflict Mineral Rules, Disclosure Requirements, First Amendment, National Association of Manufacturers

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The EPA's Golden Rule: No Good Neighbor Goes Unpunished

Have you ever wondered what all those additional charges are on your electric bill? This month my bill lists a “Customer Charge,” a “2013 Fuel Adjustment” and a “State-Wide Low-Income Assistance Fee,” which add up to about $10,…more

Environmental Liability, Environmental Policies, EPA, Utilities Sector

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SEC Proposes Rules on CEO Pay Ratio Disclosure

On September 18, 2013, the Securities and Exchange Commission (SEC) proposed rules requiring publicly-traded companies to disclose the ratio of median compensation of all employees to the compensation of the principal executive…more

Disclosure Requirements, Dodd-Frank, Pay Ratio, SEC, Wages

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PTAB Invalidates Patent Despite Settlement

As more and more AIA post-grant review decisions are being issued, practitioners should be aware that the Patent Trial and Appeal Board (PTAB) may rule on the validity of the patent at issue despite settlement by the parties…more

Patent Litigation, Patent Trial and Appeal Board, Patents, Settlement

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Finding Investors and Investments: What Do You Look For?

Matching investors and investments is a two-way street. Investors and companies alike look for a good fit. Strategic investors are ideal for most growth companies. However, every company seeking capital must ensure that it fits…more

Business Development, Funding, Investors

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Imminent Dodd-Frank Compliance Issues for Users of Swaps and Derivatives

Implementation of the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) affecting users of swaps and derivatives has been moving forward. Numerous rules of the Commodity Futures Trading…more

CFTC, Commodities, Derivatives, Dodd-Frank, FX Swaps

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Florida’s False Claims Act – Did You Know It Changed Last Year?

In June 2013, Florida’s legislature significantly amended Florida’s False Claims Act, Fla. Stat. §§ 68.081-68.092 (“FFCA”), effective July 1, 2013. Although these amendments have not received much publicity or commentary, they…more

False Claims Act, False Reporting, Florida, Fraudulent Inducement, Misrepresentation

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Xcel Announces RFP for 150 MW of Solar

Solar project developers and investors should mark their calendars for April 15, 2014, when Xcel Energy plans to issue a Request for Proposals (RFP) for up to 150 MW of solar generation…more

Renewable Energy, Request for Proposals, Solar Energy

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CMS and OIG Issue Final Regulations to Extend the Stark Exception and Anti-Kickback Statute Safe Harbor for EHR Donations

On December 27, 2013, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services’ Office of Inspector General (OIG) finalized amendments to the Physician Self-Referral Law (Stark) and…more

Anti-Kickback Statute, CMS, EHR, Healthcare, HHS

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Supreme Court to Tackle Plenty of IP Issues in 2014

On January 10, 2014 the Supreme Court granted certiorari in two patent cases, one copyright case, and a fourth case that may have implications for federal trademark law. The Court had already granted certiorari in at least five…more

Aereo, Certiorari, Induced Infringement, Internet Streaming, Nautilus Inc. v. Biosig Instruments

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IRS “Pay or Play” Final Regulations Delay Compliance Date for Certain Employers, Reduce Penalty Exposure for Others

Earlier this week, the IRS issued final regulations that provide additional guidance on the new “pay or play” rules (also called the employer shared responsibility rules) that will generally apply to employers’ group health…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Recharging the Auction for Fisker’s Assets

When Fisker filed bankruptcy in November, it planned to sell its assets to Hybrid Tech, the acquirer of Fisker’s $168.5 million loan from the Department of Energy, by way of credit bid. Before the sale (requiring the approval of…more

Auction, Commercial Bankruptcy, DOE, Fisker

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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Supreme Court to Tackle Plenty of IP Issues in 2014

On January 10, 2014 the Supreme Court granted certiorari in two patent cases, one copyright case, and a fourth case that may have implications for federal trademark law. The Court had already granted certiorari in at least five…more

Aereo, Certiorari, Induced Infringement, Internet Streaming, Nautilus Inc. v. Biosig Instruments

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CMS and OIG Issue Final Regulations to Extend the Stark Exception and Anti-Kickback Statute Safe Harbor for EHR Donations

On December 27, 2013, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services’ Office of Inspector General (OIG) finalized amendments to the Physician Self-Referral Law (Stark) and…more

Anti-Kickback Statute, CMS, EHR, Healthcare, HHS

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Forward-Publishing Your Patents? Best and Worst Case Scenarios...

Patents are a tool to discourage inventors to keep trade secrets, by trading public disclosure for a limited monopoly. Forward-publishing an application is a deliberate embrace of this philosophy, eliminating even the temporary…more

Forward Publishing, Law Matters, Patent Applications, Patent Infringement, Patent Litigation

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Recent Amendments to New York’s Not-For-Profit Corporations Law

Time to Update Your Corporate Bylaws? New York Gov. Andrew Cuomo signed the New York Non-Profit Revitalization Act of 2013 (Act), into law in December 2013, thereby adopting important changes to the governance of…more

Choice of Entity, Corporate Governance, Non-Profits

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New York Reconsidering Private Equity Investment in Health Care Entities

New York State is again considering whether to allow private equity investment in health care facilities after the first proposal to do so was dropped from the 2013-2014 enacted budget due to a lack of support…more

Healthcare, Investors, Private Equity

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Supreme Court Rules Equitable Tolling Cannot Be Used To Extend Deadline For Filing Medicare Part A Reimbursement Appeals

On January 21, 2103, the U.S. Supreme Court unanimously held in Sebelius v. Auburn Regional Medical Center that the Medicare statute does not permit the time period for filing an appeal with the Provider Reimbursement Review…more

Appeals, CMS, Equitable Tolling, Medicare, Physician Medicare Reimbursements

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Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you…more

Automotive Industry, Compliance, Data Protection, FCPA, NHTSA

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The Changing Landscape of Seed Stage Financing, Part III: Revisiting the Debt vs. Equity Dilemma

In the third and final installment of this blog post series, we’ll return to last week’s question (Should I sell convertible debt or equity?), and consider the other side of the coin: choosing equity instead of debt. We’ll need…more

Business Formation, Debt, Equity Financing, Funding, Loans

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Hart-Scott-Rodino Thresholds to Increase Further Due to Annual Indexing

Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) were published in the Federal Register on January 23, 2014. The thresholds are adjusted annually based upon changes in…more

FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements

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Update on Nanotechnology Class 977 Patent Filings in 2013 – the Patent Race Slows an Ounce?

2013 is flying by, remarkably fast, so it was time to check how the class 977 patent filings are coming for the new year. Last year provided a record 4,098 nanotechnology publications…more

Nanotechnology, Patents, PTO

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New SEC Chair: What It May Mean for the Municipal Securities Market

Participants in the municipal securities market should take particular interest in the appointment of Elisse B. Walter as chair of the SEC. Her close association with regulation of the municipal securities market makes it likely…more

Dodd-Frank, Elisse B. Walter, MSRB, Municipal Securities Market, SEC

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Even If It Does Not Say So, an Arbitration Agreement May Preclude Class Actions

Nearly two years ago, in the now infamous D.R. Horton decision, the National Labor Relations Board ruled that it constitutes an unfair labor practice for an employer to require, as a condition of employment, that employees…more

Arbitration, Arbitration Agreements, Claim Preclusion, Class Action, D.R. Horton

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Spring 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Anti-Bribery, Anti-Corruption, China, Compliance, Copyright

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Time Is Money, Managing Time in a Negotiation Can Really Pay Off

In today’s global marketplace, Ben Franklin’s observation that “time is money” is as true now as ever. Companies (large and small) feel tremendous pressure to quickly line up and close deals – whether to bring in revenue, meet…more

Negotiations, Time-Management

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340B Drug Pricing Program Developments in the New Year

On January 9, 2014, the Health Resources and Services Administration (HRSA) posted an update on its current and anticipated 340B drug pricing program (340B) program integrity efforts.1 The update includes a discussion of HRSA’s…more

340B, Covered Entities, Drug Manufacturers, HHS, HRSA

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USPTO Issues New Guidelines on Subject Matter Eligibility Under 35 USC 101 in View of Myriad and Prometheus

The USPTO issued new guidelines for determining if claims are eligible for patenting in light of the Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S., 133 S. Ct. 2107, 2116, 106 USPQ2d 1972 (2013), and Mayo…more

Patent-Eligible Subject Matter, USPTO

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FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

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Long-Anticipated FCPA Guidance Underscores Need for Effective FCPA Compliance

For 35 years, the U.S. government has enforced the Foreign Corrupt Practices Act (FCPA) while providing an incomplete picture of its views of either effective FCPA compliance or how certain key terms in the statute should be…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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ICE’s Attempt to Elicit Admission of Liability in Form I-9 Settlement Agreements Fails

Disputes between employers and U.S. Immigration and Customs Enforcement (ICE) are heard by the U.S. Department of Justice’s Office of the Chief Administrative Hearing Officer (OCAHO), which rules on issues arising under the…more

Admissions of Liability, Consent Agreements, Foreign Nationals, I-9, ICE

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Court of Appeals Rejects Attempted Restriction of “Mortgage Banker” Priority Provision

On February 20, 2014, the Wisconsin Court of Appeals issued an opinion interpreting the meaning of “mortgage banker” under Wis. Stat. § 224.71(3) and finding that a mortgage holder was entitled to the priority afforded under…more

Banks, Construction Contracts, Construction Liens, Mortgages

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OIG Publishes Report Identifying Issues With 340B Contract Pharmacy Arrangements

On February 5, 2014, the Office of the Inspector General (OIG) for the Department of Health and Human Services (HHS) published a report (OIG Report) describing the results of a survey it had conducted of the use of contract…more

340B, Healthcare, HHS, OIG, Pharmacies

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Federal Circuit Finds “Molecular Weight” to Be Insolubly Ambiguous

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Federal Circuit invalidated a number of claims directed to a polymer defined by its “molecular weight” because the term was ambiguous, and Applicants’ conflicting statements…more

Ambiguous, ANDA, Generic Drugs, Infringement, Patents

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Inter Partes Review Worthwhile Alternative to Patent Litigation

The United States Patent and Trademark Office (USPTO) recently issued its second decision in a new inter partes review proceeding. In the decision, the USPTO Patent Trial and Appeal Board invalidated all of the claims of the…more

Inter Partes Review Proceedings, Litigation Hold, Patent Infringement, Patent Trial and Appeal Board, Patents

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Dart Cherokee: SCOTUS to Hear Case on CAFA Pleading Requirements

The Supreme Court will now decide whether a 2006 Seventh Circuit decision on Class Action Fairness Act pleading requirements was correct. The Court granted certiorari today in a case that will resolve whether defendants filing…more

CAFA, Class Action, Pleading Standards, Pleadings, SCOTUS

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Protecting Your Value: The Importance of the Employee NDA

Where is your company’s value? If you are a young start-up company, it’s probably in ideas. Any new invention, new way of attracting business, new way of streamlining a process, or anything else “new” starts with an idea…more

Non-Disclosure Agreement, Restrictive Covenants

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An Even Faster Track in E.D. Texas: Accelerated Damages Discovery in Patent Cases

On February 25, 2014, Chief U.S. District Judge Leonard Davis of the Eastern District of Texas unveiled an optional accelerated discovery schedule for cases involving claims of patent infringement. General Order 14-3 authorizes…more

Damages, Expedited Discovery, Patent Infringement, Patent Litigation, Patents

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Diebold Resolves FCPA Charges for $48 Million

On October 22, 2013, the U.S. Department of Justice (“DOJ”) and the Securities & Exchange Commission (“SEC”) announced their agreements with Diebold Inc. (“Diebold”) regarding probes into alleged bribery of foreign bank…more

Compliance, DOJ, Enforcement Actions, SEC, Settlement

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White House Issues Executive Actions and Legislative Recommendations for High-Tech Patent Issues

On June 4, 2013, the White House issued a press release through the Office of the Press Secretary identifying five executive actions and seven legislative recommendations primarily directed at reducing or discouraging the…more

Barack Obama, Non-Practicing Entities, Patent Reform, Patent Trolls, Patents

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Are Computer-Implemented Inventions Patent Eligible?

On March 31, the Supreme Court will hear arguments in Alice Corp. Pty. Ltd. v. CLS Bank Int’l (Supreme Court Docket No. 13-298). At issue is the scope of § 101 patent-eligible subject matter, with the patent eligibility of…more

Alice Corporation, Cloud Computing, CLS Bank, CLS Bank v Alice Corp, Patent-Eligible Subject Matter

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Auto Suppliers Prepare for Barrage of Recalls

With the recent high-profile recalls involving Toyota and GM, auto suppliers are anticipating a spike in recalls and asking themselves how to prepare for this inevitability. As a start, auto suppliers need to understand…more

Automobile Recall, Automotive Industry, General Motors, NHTSA, Toyota

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E-Verify: Enrollment Up, But DHS Is on the Prowl for Misuse

The United States Department of Homeland Security (“DHS”) has been very successful in increasing the number of employers that participate in the E-Verify program. As of late January 2014, over 500,000 employers are enrolled and…more

DHS, E-Verify, Hiring & Firing, Human Resources Professionals, I-9

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Federal Circuit Finds Prosecution History Disclaimer in Enablement Arguments

In Biogen Idec, Inc. v. GlaxoSmithKline LLC, the Federal Circuit upheld a narrow claim interpretation based on prosecution history disclaimer. The court held that the applicants’ arguments against an enablement rejection served…more

Biogen Idec, Disclaimers, Enablement Inquiries, GlaxoSmithKline, Patents

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You May Think They Are Disabled But That Doesn’t Mean You “Regarded“ Them as Disabled

While the 2008 amendments to the Americans with Disabilities Act (“ADA”) made it easier for employees to state a claim that he or she was “regarded as” having a disability, a recent decision from a federal court highlights that…more

ADA, Disability, Disability Discrimination, Reasonable Accommodation

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When Outsourcing Manufacturing Can be a Patent Killer

In recent decades, companies seeking to reduce manufacturing costs and improve profit margins have increasingly employed contract manufacturing – that is, the outsourcing of partial or complete manufacturing of products to third…more

China, India, Manufacturers, Outsourcing, Patents

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FMLA and ADA: The Brad and Angelina of Employment Law

An employee comes to your human resources department to request Family and Medical Leave Act (“FMLA”) leave for an upcoming surgery to address his longstanding back pain, which has caused him increasing difficulties at work. You…more

ADA, Compliance, Employer Liability Issues, FMLA

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EPA’s New Non-Hazardous Secondary Materials Rule

In its massive new industrial boiler rules (issued January 31, 2013), EPA singled out “manufacturers of motor vehicle parts and accessories” as one of the most affected industry types. On February 7, 2013, EPA issued a new rule…more

Auto Manufacturers, Boilers, Clean Air Act, EPA, Non-Hazardous Secondary Materials

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Winter 2013 Eye on China Newsletter

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following…more

Arbitration, China, Counterfeiting, Discovery, Enforcement

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White House Expands Russian Sanctions: New Executive Order Targets Major Russian Industries

On March 20, 2014, President Obama issued a new Executive Order expanding sanctions against Russian officials and other entities involved in Moscow’s recent annexation of Crimea…more

Foreign Policy, Russia, Sanctions, Ukraine

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U.S. and Japan Continue Talks on Auto Tariffs

Once again, the United States and Japan failed to reach an agreement on auto tariffs. Tariffs on automobiles are one of the remaining key issues that lie between the two countries in relation to the proposed Trans-Pacific…more

Automotive Industry, Imports, Japan, Tariffs, Trans-Pacific Partnership

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White House Releases Voluntary Guidelines for Cybersecurity

On Wednesday, February 12, the White House released the Framework for Improving Critical Infrastructure Cybersecurity. The Framework represents the culmination of a year-long private-sector led effort to create voluntary…more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework, NIST

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California Transparency in Supply Chains Act

As of last year, the California Transparency in Supply Chains Act requires qualifying businesses to disclose their efforts to eradicate human trafficking and slavery from their direct supply chains. …more

Disclosure Requirements, Human Trafficking, Manufacturers, Retailers, Slavery

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Restructuring The Private Club

Private golf clubs are facing a tidal wave of challenges, from the prolonged economic downturn, to an aging population unable to continue playing the game, to a general decline in demand for golf, to financial hardships facing…more

Golf, Golf Courses

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Seventh Circuit Presents Statute of Limitations Roadblock for Future PSD Enforcement Matters

On July 8, 2013, in United States v. Midwest Generation, et. al, the U.S. Court of Appeals for the Seventh Circuit ruled that the failure to obtain a prevention of significant deterioration (PSD) construction permit under the…more

Clean Air Act, Construction Permits, EPA, Gabelli v SEC, PSD

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Enforcement of Forum Selection Clauses Just Got Easier

The U.S. Supreme Court’s recent decision in Atl. Marine Const. Co., Inc. v. U.S. Dist. Ct. for the W. Dist. of Tex., et al., No. 12-929, 2013 U.S. LEXIS 8775, 571 U.S. ___ (2013), provides needed clarity not only on the…more

Forum, Forum Selection Clause, SCOTUS

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Proposed Chemical Safety Improvement Act Seeks Modernization of Chemical Regulation

On May 22, 2013, a bipartisan group of U.S. Senators (including Sen. David Vitter (R-La.) and the recently deceased Sen. Frank Lautenberg (D-N.J.)) introduced the “Chemical Safety Improvement Act of 2013” (“CSIA”) in an effort…more

EPA, Hazardous Substances, Proposed Legislation, Safety Precautions, TSCA

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Recent Amendments to New York’s Not-For-Profit Corporations Law

Time to Update Your Corporate Bylaws? New York Gov. Andrew Cuomo signed the New York Non-Profit Revitalization Act of 2013 (Act), into law in December 2013, thereby adopting important changes to the governance of…more

Choice of Entity, Corporate Governance, Non-Profits

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The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and certain…more

DOMA, Employee Benefits, Employer Mandates, Marriage, Same-Sex Marriage

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Doing Business With the Government With Reduced Risk

Entering into business with the U.S. Government provides companies, including those in the automotive industry, with the opportunity to expand their business base, with tremendous potential. Even with the current budget cuts and…more

Automotive Industry, Federal Budget, Federal Contractors, Sequestration

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CFPB Issues Final Rules Amending Regulation X and Regulation Z

Today, the CFPB issued final rules amending Regulation X (Real Estate Settlement Procedures Act (“RESPA”)) and Regulation Z (Truth in Lending Act (“TILA”)). The amendments focus on mortgage servicing requirements and servicer…more

CFPB, Mortgages, RESPA, TILA

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Imminent Dodd-Frank Compliance Issues for Users of Swaps and Derivatives

Implementation of the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) affecting users of swaps and derivatives has been moving forward. Numerous rules of the Commodity Futures Trading…more

CFTC, Commodities, Derivatives, Dodd-Frank, FX Swaps

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FTC Updates Guidance on Disclosures in Social Media Marketing

Earlier this month, the Federal Trade Commission (FTC) updated its guidelines for disclosures in digital media, “.Com Disclosures: How to Make Effective Disclosures in Digital Advertising” (Guide). The Guide, which updates a…more

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FERC Issues NOPR to Reduce Small Generator Grid Interconnection Time and Cost

On January 17, 2013, FERC issued a Notice of Proposed Rulemaking (NOPR) that would revise the pro forma Small Generator Interconnection Procedures (SGIP) and Small Generator Interconnection Agreement (SGIA) in order to lessen…more

Electricity, Fast Track Process, FERC, SGIA, SGIP

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U.S. Supreme Court Reins in Bankruptcy Court Authority Under § 105(a)

On March 4, 2014, the United States Supreme Court issued its decision in Law v. Siegel, 571 U.S. __ (Mar. 4, 2014) and held that the bankruptcy court exceeded its authority under section 105(a) of the Bankruptcy Code and its…more

Bankruptcy Code, Chapter 7, Consumer Bankruptcy, Homestead Exemption, SCOTUS

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Sixth Circuit in Carter Refuses to Defer to HUD’s RESPA Guidelines

In a decision two years in the making, on Wednesday, November 27, 2013, the Sixth Circuit Court of Appeals brought some clarity to the use of affiliated business arrangements (“ABAs”) under Real Estate Settlement Procedures Act…more

Affiliated-Business Arrangements, Compliance, HUD, RESPA, Rule of Lenity

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