King & Spalding

National Institute Of Standards And Technology Releases Security Guidance For Internet Of Things

On November 15, 2016, the National Institute of Standards and Technology (“NIST”), a federal agency responsible for developing information security standards and guidelines, released guidance for the makers of devices that are…more

Cyber Attacks, Cybersecurity, Hackers, Internet of Things, NIST

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FCC Approves Consumer Privacy Rules For Broadband ISPs

On October 27, 2016, the U.S. Federal Communications Commission (“FCC”), in a 3-2 vote along party lines, adopted new privacy rules for broadband providers aimed at protecting the privacy of consumers. FCC Chairman Tom Wheeler…more

Broadband, Consent, FCC, Internet Service Providers (ISPs), Opt-In

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MEasure - Summer 2016

Brexit – Impact on Middle Eastern Issuers - Whilst the precise legal and regulatory impact that the UK’s recent decision to leave the European Union (EU), dubbed Brexit, will have on the corporate finance market will depend…more

Capital Markets, Capital Markets Act (CMA), EU, EU Passport, Member State

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Energy Newsletter - September 2016

Implementing Islamic Financing for Renewable Energy Projects - The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led by…more

Acquisitions, Bankruptcy Code, BOEM, Coal Industry, Covenants that Run With the Land

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Resolution of Intercreditor Dispute in Favor of ABL Lenders in the RadioShack Bankruptcy Case

On May 11, 2016, the Delaware bankruptcy court issued an opinion in the RadioShack bankruptcy case addressing an intercreditor dispute between Salus Capital Partners, LLC, the “last out” lender in RadioShack’s prepetition $250…more

Affiliates, Bankruptcy Court, Commercial Bankruptcy, Credit Agreements, Debt Restructuring

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Energy Newsletter - September 2016

Implementing Islamic Financing for Renewable Energy Projects - The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led by…more

Acquisitions, Bankruptcy Code, BOEM, Coal Industry, Covenants that Run With the Land

See All Updates »

Sapin II Law: The Modernization of France's Fight Against Corruption

After years of facing international criticism for purported “laxity” towards transparency and the fight against bribery and corruption, France has adopted new legislation aiming to rectify this deficiency, which imposes…more

Anti-Corruption, Bribery, Compliance, Criminal Prosecution, France

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Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

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Delaware Court of Chancery Dismisses Litigation Arising from Controller Buyout of Books-A-Million Under "MFW" Framework

On October 10, 2016, the Delaware Court of Chancery issued its decision in In re Books-A-Million, Inc. Stockholders Litigation. The decision, authored by Vice Chancellor J. Travis Laster, is important because it applies the…more

Acquisitions, Bad Faith, Board of Directors, Business Judgment Rule, Buyouts

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Cooling the Energy Bill in the Senatorial Saucer

There is an old folklore that once, over breakfast, Thomas Jefferson asked George Washington why there was a need for a Senate. Washington responded with, “Why did you just pour that coffee into your saucer, before drinking?”…more

Bipartisan Agreement, Energy Policy, Energy Sector, Energy Storage, Natural Gas

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Republican Congressional Leader Promises Changes to ACA, Medicare in 2017

On November 17, 2016, House Budget Committee Chairman Rep. Tom Price (R-GA) provided some insights on the major changes Republicans plan to make to the Affordable Care Act and Medicare in 2017. The remarks come on the heels of…more

Affordable Care Act, Donald Trump, Healthcare Reform, HHS, Legislative Agendas

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Employers Are Advised to Proceed Cautiously Before Discussing Employee Recruitment and Compensation with Competitors as the DOJ and FTC Crack Down on Violations of Antitrust Laws

On October 20, 2016, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) jointly issued Antitrust Guidance for Human Resource Professionals intended to alert those involved in hiring and…more

Antitrust Violations, Compensation, DOJ, FTC, Hiring & Firing

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Long Anticipated Bankruptcy Law Goes Into Effect

On 20 September 2016, the new Bankruptcy Law (the Law) for the UAE was enacted. The Law was gazetted on 29 September 2016 and comes into effect on 31 December 2016. The Law will be supplemented by procedural regulations to be…more

Creditors, Debtors, Insolvency, Liquidation, UAE

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Tokyo Dispute Resolution & Crisis Management Newsletter – November 2016

Negotiating An In-Project Construction Dispute - Introduction - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project…more

Construction Project, Dispute Resolution, Japan

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Employers Are Advised to Proceed Cautiously Before Discussing Employee Recruitment and Compensation with Competitors as the DOJ and FTC Crack Down on Violations of Antitrust Laws

On October 20, 2016, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) jointly issued Antitrust Guidance for Human Resource Professionals intended to alert those involved in hiring and…more

Antitrust Violations, Compensation, DOJ, FTC, Hiring & Firing

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D.C. Circuit Rules CFPB’s Structure Unconstitutional

In a news-making decision with significant political implications, but probably limited near-term business or legal effects, the United States Court of Appeals for the District of Columbia Circuit held on Tuesday, October 11,…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

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GMO Disclosures and Claims: A Possible End to the U.S. GMO Labeling Controversy?

On July 7, 2016, the U.S. Senate passed an important amendment to S. 764 to establish a mandatory nationwide labeling approach for genetically engineered (GE) foods, more popularly referred to as genetically modified organisms,…more

Bioengineering, FD&C Act, FDA, Food Labeling, Food Manufacturers

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Trade & Manufacturing - October 2016

What the Next President Should Do About U.S. Manufacturing - Top industry executives, political leaders, small business and trade union leaders, researchers and policymakers are offering a blueprint for maintaining the…more

ALJ, Anti-Dumping Duty, Customs and Border Protection, Cybersecurity, Drones

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IRS and Treasury Issue Proposed Regulations Easing Some of the Burden of the Fractions Rule

Executive Summary On November 22, the Internal Revenue Service (“IRS”) and Treasury Department issued proposed regulations (REG-136978-12, the “Proposed Regulations”) under the “fractions rule” of Section 514(c)(9)(E) of the…more

Internal Revenue Code (IRC), IRS, Proposed Regulation, Taxable Income, U.S. Treasury

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Sanctions Update: Burma, Cuba, and Iran

Over the past month, substantial changes were made to several sanctions programs affecting Burma, Cuba, and Iran by President Obama and the Department of Treasury Office of Foreign Assets Control (OFAC)…more

Barack Obama, Burma, Cuba, Cuban Assets Control Regulations (CACR), Executive Orders

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Second Circuit Addresses Expropriation and Imputation Issues under FSIA

Introduction - On October 14, 2016, the U.S. Court of Appeals for the Second Circuit (Second Circuit) issued a decision in Arch Trading Corp. v. Republic of Ecuador, a case addressing the expropriation exception to…more

Alter Ego, Appeals, Expropriation, Foreign Entities, FSIA

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Washington Insight - September 2016

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank - On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010…more

Broker-Dealer, CFPB, Class Action, Commercial Real Estate Market, Cyber Threats

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Third Circuit Rules Make-Whole Provisions Enforceable in the Energy Future Bankruptcy

On November 17, the U.S. Court of Appeals for the Third Circuit (the “Court”) made clear its stance on the question of enforceability of make-whole provisions in bankruptcy. Bucking the recent trend seen in cases such as In re…more

Appeals, Bankruptcy Court, Borrowers, Commercial Bankruptcy, Debt

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PIPES Act Puts More Priorities in PHMSA’s Regulatory Pipeline

On June 22, 2016, the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act) was signed into law. The new law reauthorizes the Department of Transportation’s Pipeline and Hazardous Materials…more

Congressional Investigations & Hearings, Department of Transportation (DOT), Hazardous Substances, Natural Gas, Oil & Gas

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New OSHA Silica Rule Deadline Is Rapidly Approaching – Are You Ready?

While the Summer of 2018 may seem far away, companies should be preparing now to be ready to meet the significant new requirements of the U.S. Occupational Safety and Health Administration’s (“OSHA”) new rule for respirable…more

New Regulations, OSHA, Silica, Toxic Exposure, Workplace Hazards

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FDA Launches Form for Reporting Allegations of Misconduct by Device Manufacturers

Program Has Broad Reach - On October 21, 2016, the Food and Drug Administration launched a webpage that contains an Allegations of Regulatory Misconduct Form to enable whistleblowers, competitors, and others to report…more

FDA, Manufacturers, Medical Devices, Willful Misconduct

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Energy Newsletter - September 2016

Implementing Islamic Financing for Renewable Energy Projects - The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led by…more

Acquisitions, Bankruptcy Code, BOEM, Coal Industry, Covenants that Run With the Land

See All Updates »

Proxy Advisory Firms Issue 2017 Voting Guidelines

Proxy advisory firms Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) recently issued updated proxy voting guidelines for the upcoming 2017 proxy season. Notable updates were issued by one or both…more

Glass Lewis, IPO, ISS, Overboarding, Proxy Advisors

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How to Prepare for the Significant Changes to U.S. Trade Policy under President Donald Trump

On Tuesday, November 8, 2016, Donald Trump was elected President of the United States after a campaign in which he repeatedly criticized long-standing principles of U.S. trade policy. Mr. Trump’s victory is likely to lead to a…more

Bipartisan Agreement, China, Dispute Resolution, Donald Trump, Enforcement

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Federal Judge Blocks CMS Rule Banning Arbitration In Nursing Home Disputes

In September, CMS announced a final rule that bans pre-dispute binding arbitration agreements related to care received in long-term care facilities. Among other things, the rule preserves the right of patients and their…more

Arbitration, Arbitration Agreements, Binding Arbitration, CMS, Contract Terms

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FTC Wins Hospital Merger Challenge in the Seventh Circuit

On October 31, 2016, the U.S. Court of Appeals for the Seventh Circuit overturned a district court decision that denied a motion by the Federal Trade Commission (FTC) and Illinois Attorney General (IL AG) to block the proposed…more

Appeals, FTC, Hospital Mergers, Hospitals, Mergers

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D.C. Circuit Rules CFPB’s Structure Unconstitutional

In a news-making decision with significant political implications, but probably limited near-term business or legal effects, the United States Court of Appeals for the District of Columbia Circuit held on Tuesday, October 11,…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

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Energy Newsletter - September 2016

Implementing Islamic Financing for Renewable Energy Projects - The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led by…more

Acquisitions, Bankruptcy Code, BOEM, Coal Industry, Covenants that Run With the Land

See All Updates »

Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

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Trade & Manufacturing - News of Note - November 2016

Anniversary of Softwood Lumber Agreement Expiration Could Bring New Trade Case - October 12 marked the one-year anniversary of the expiration of the 2006 Softwood Lumber Agreement between the United States and Canada and…more

Bonds, Data Protection, EU-US Privacy Shield, Expiration Date, Imports

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Proxy Advisory Firms Issue 2017 Voting Guidelines

Proxy advisory firms Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) recently issued updated proxy voting guidelines for the upcoming 2017 proxy season. Notable updates were issued by one or both…more

Glass Lewis, IPO, ISS, Overboarding, Proxy Advisors

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Federal District Court Finds Hospital-Owned Urgent Care Center Must Comply with EMTALA

On November 1, 2016 the U.S. District Court for the District of Rhode Island denied a hospital-owned urgent care center’s summary judgment motion, contending that the federal Emergency Medical Treatment and Active Labor Act…more

CMS, EMTALA, Hospitals, Urgent Care Facilities

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The Small Matter of Bankability: Small-Modular-Reactors and the Financing of Nuclear Projects

The nuclear industry in the UK, and beyond, will warmly welcome EDF’s final investment decision for Hinkley Point C. However, as the UK government mulls over the project fundamentals one last time before committing, it is worth…more

Construction Project, Nuclear Power, Renewable Energy Investments, UK

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Digesting the €13 Billion Apple-EU Tax Ruling

King & Spalding experts assess what international businesses need to be aware of following the EC's ruling on State Aid in the Apple case - Partners in King & Spalding’s tax department have shared their perspectives and…more

Apple, Corporate Taxes, EU, European Commission, Ireland

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DOJ Announces Settlement with Tuomey CEO Following Yates Memo Directive to Hold Individuals Accountable

The Department of Justice’s recent settlement with a healthcare system executive indicates a continued focus on pursuing individuals in enforcement actions. On September 27, 2016, the DOJ announced it reached a $1 million…more

Billing, DOJ, Enforcement Actions, False Claims Act (FCA), Healthcare

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Compensation and Benefits Insights – September 2016 #2

Hardly Water Under the Bridge: NLRB, SEC, OSHA Mount Offensive Against Confidentiality Agreements - A recent New York Times story shed light on complaints by an employee of Bridgewater Associates, a $154 billion hedge fund…more

Confidential Information, Deadlines, DOL, ERISA, Health and Welfare Plans

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Delaware Court of Chancery Dismisses Litigation Arising from Controller Buyout of Books-A-Million Under "MFW" Framework

On October 10, 2016, the Delaware Court of Chancery issued its decision in In re Books-A-Million, Inc. Stockholders Litigation. The decision, authored by Vice Chancellor J. Travis Laster, is important because it applies the…more

Acquisitions, Bad Faith, Board of Directors, Business Judgment Rule, Buyouts

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Qatar Enacts New National Privacy Law, The First Of Its Kind In The Arabian Gulf

On November 3, 2016, the State of Qatar announced the passage of a new national privacy law. The law, which requires companies and organizations to protect the personal information they gather from individuals, is the first…more

Data Privacy, Data Protection, Gulf Cooperation Council (GCC), Qatar

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LinkedIn Blocked in Russia: Privacy and Trade Law Aspect

The business networking platform LinkedIn is the first major international player to fall victim to the implementation of Russia’s “data localization” law, with effect from September 1, 2015, which requires all parties…more

Blocked Entities, Cross-Border Transactions, Data Localisation Law, GATS, Internet Service Providers (ISPs)

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Implementing A Competitive Natural Gas Market In Mexico - CENAGAS to hold its first open season

Centro Nacional de Control de Gas Natural (CENAGAS) has received authorization from the Comisión Reguladora de Energía (CRE) to conduct its first open season for the assignment of available capacity on a firm basis in the…more

Competitive Bidding, Deadlines, Electricity, Energy Sector, Foreign Investment

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Third Circuit Rules Make-Whole Provisions Enforceable in the Energy Future Bankruptcy

On November 17, the U.S. Court of Appeals for the Third Circuit (the “Court”) made clear its stance on the question of enforceability of make-whole provisions in bankruptcy. Bucking the recent trend seen in cases such as In re…more

Appeals, Bankruptcy Court, Borrowers, Commercial Bankruptcy, Debt

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Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

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ITC Section 337 Update – October 2016

Commission Suspends ‘939 Investigation Enforcement Pending PTAB Result - On July 21, 2016, the International Trade Commission (“the Commission”) issued a notice that it had found a violation of Section 337 in Certain Cinema…more

ALJ, Anti-Dumping Duty, ITC, Patent Infringement, Patent Litigation

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LNG In Morocco

Morocco is currently implementing important changes to its energy mix, which may provide interesting opportunities in the LNG sector. This article presents a brief overview of the origin of the national development plan for LNG…more

Electricity, Energy Projects, Energy Sector, Hydropower, Intended Nationally Determined Contributions (INDC)

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Presidential Candidates Discuss TPP and Other Trade and Manufacturing Issues as Election Day Approaches

In these last few weeks before Election Day, presidential candidates Hillary Clinton and Donald Trump continue to highlight their positions on issues relating to trade and manufacturing. Discussions of trade deals, including the…more

Donald Trump, Hillary Clinton, Manufacturers, NAFTA, Political Candidates

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Third Circuit Rules Make-Whole Provisions Enforceable in the Energy Future Bankruptcy

On November 17, the U.S. Court of Appeals for the Third Circuit (the “Court”) made clear its stance on the question of enforceability of make-whole provisions in bankruptcy. Bucking the recent trend seen in cases such as In re…more

Appeals, Bankruptcy Court, Borrowers, Commercial Bankruptcy, Debt

See All Updates »

FDA Launches Form for Reporting Allegations of Misconduct by Device Manufacturers

Program Has Broad Reach - On October 21, 2016, the Food and Drug Administration launched a webpage that contains an Allegations of Regulatory Misconduct Form to enable whistleblowers, competitors, and others to report…more

FDA, Manufacturers, Medical Devices, Willful Misconduct

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Compensation and Benefits Insights – September 2016

New Guidance Affects Wellness Program Design - Over the last several months, the Equal Employment Opportunity Commission (“EEOC”) and the Internal Revenue Service (“IRS”) have provided additional guidance regarding the…more

Acquisitions, ADA, Audits, Benefit Plan Sponsors, Compensation & Benefits

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California Attorney General Makes Privacy Public With New Crowdsourcing Tool For Reporting Of Privacy Policy Violations

On October 14, the California Attorney General released a new online form designed to crowdsource reporting of allegedly inadequate privacy policies. The tool allows users to report violations of the California Online Privacy…more

CalOPPA, Crowdsourcing, Funding Portal, Personally Identifiable Information, Privacy Policy

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The Senior Managers Regime – should GCs be worried?

In March this year the PRA and the FCA introduced the Senior Managers Regime (‘SMR’) for individuals associated with banks and PRA regulated investment firms (from 2018 the SMR will apply to all UK authorised firms). The regime…more

Banks, Corporate Counsel, Financial Conduct Authority (FCA), Individual Accountability, Investment Firms

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Trial Challenging Proposed Anthem, Cigna Merger Is Underway

On November 21, 2016, the U.S. District Court for the District of Columbia heard opening arguments in the Department of Justice’s lawsuit challenging the proposed merger between Anthem, Inc. and Cigna Corporation. This is the…more

DOJ, Health Insurance, Healthcare, Mergers

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Investment Treaty Arbitration: How Multinational Food and Beverage Companies Can Avoid Litigation in Foreign Courts

Imagine a U.S.-based olive oil company that has established a subsidiary in Croatia — a Mediterranean country ideal for growing olives and processing their oil — for its supply and processing needs. Olive oil consumption has…more

Arbitration, Beverage Manufacturers, Bilateral Investment Treaties, Croatia, Dispute Resolution

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Digesting the €13 Billion Apple-EU Tax Ruling

King & Spalding experts assess what international businesses need to be aware of following the EC's ruling on State Aid in the Apple case - Partners in King & Spalding’s tax department have shared their perspectives and…more

Apple, Corporate Taxes, EU, European Commission, Ireland

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CMS Announces Settlement Process for Inpatient Status Claims

On November 3, 2016, CMS announced details for a new Hospital Appeals Settlement program to permit eligible providers to settle certain inpatient status claims currently under appeal. According to CMS, the purpose of the 2016…more

Appeals, CMS, Hospitals

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IRS and Treasury Issue Proposed Regulations Easing Some of the Burden of the Fractions Rule

Executive Summary On November 22, the Internal Revenue Service (“IRS”) and Treasury Department issued proposed regulations (REG-136978-12, the “Proposed Regulations”) under the “fractions rule” of Section 514(c)(9)(E) of the…more

Internal Revenue Code (IRC), IRS, Proposed Regulation, Taxable Income, U.S. Treasury

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Trade & Manufacturing - News of Note - November 2016

Anniversary of Softwood Lumber Agreement Expiration Could Bring New Trade Case - October 12 marked the one-year anniversary of the expiration of the 2006 Softwood Lumber Agreement between the United States and Canada and…more

Bonds, Data Protection, EU-US Privacy Shield, Expiration Date, Imports

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NHTSA Releases Guidance on Enforcement of Safety-Related Defects in Automated Vehicle Technologies - Agency’s stance raises implications for software manufacturers and suppliers

Last week, the National Highway Traffic Safety Administration (NHTSA) released its final Enforcement Guidance Bulletin on Safety-Related Defects and Automated Safety Technologies. The Guidance makes clear that the agency’s…more

Automation Systems, Enforcement, Final Guidance, Motor Vehicles, NHTSA

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Nicklaw v. CitiMortgage, Inc.: Eleventh Circuit Holds Statutory Violation Insufficient to Confer Article III Standing Absent Concrete Injury-inFact

On October 6, 2016, the United States Court of Appeals for the Eleventh Circuit issued its opinion in Nicklaw v. CitiMortgage, Inc., dismissing, for lack of Article III standing, a class action complaint that alleged statutory…more

Appeals, Article III, Class Action, FDCPA, Injury-in-Fact

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CMS Releases Online Tool to Facilitate Incorporation of MACRA Measures in Clinicians’ Software

On November 17, 2016, CMS released three application program interfaces (APIs) that make it easier to analyze the Medicare Access and CHIP Reauthorization Act of 2015 Quality Payment Program (QPP) measures and to build software…more

CMS, Medicare Access and CHIP Reauthorization (MACRA), Quality Payment Program (QPP), Software

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November and December 2016 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties. To avoid such…more

Benefit Plan Sponsors, ERISA, Filing Deadlines, Health and Welfare Plans, IRS

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Sapin II Law: The Modernization of France's Fight Against Corruption

After years of facing international criticism for purported “laxity” towards transparency and the fight against bribery and corruption, France has adopted new legislation aiming to rectify this deficiency, which imposes…more

Anti-Corruption, Bribery, Compliance, Criminal Prosecution, France

See All Updates »

Proxy Advisory Firms Issue 2017 Voting Guidelines

Proxy advisory firms Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) recently issued updated proxy voting guidelines for the upcoming 2017 proxy season. Notable updates were issued by one or both…more

Glass Lewis, IPO, ISS, Overboarding, Proxy Advisors

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New Anti-Corruption Laws on the Health Care Sector in Germany: Is There Any Impact on the Food Industry?

Germany recently adopted new anti-corruption laws that now criminalize “taking bribes in the health care sector” and “giving bribes in the health care sector.” These new laws have implications for certain segments of the food…more

Anti-Corruption, Bribery, Corruption, Criminal Prosecution, Germany

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EU Privacy Regulators Issue Letters To Yahoo And WhatsApp

In late October 2016, European Union (“EU”) data protection authorities issued letters to Yahoo and WhatsApp related to alleged privacy incidents involving those companies. The letters were issued by a collective of EU data…more

Article 29 Working Party (WP29), Data Protection, Data Protection Authority, EU, Privacy Policy

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Implementing A Competitive Natural Gas Market In Mexico - CENAGAS to hold its first open season

Centro Nacional de Control de Gas Natural (CENAGAS) has received authorization from the Comisión Reguladora de Energía (CRE) to conduct its first open season for the assignment of available capacity on a firm basis in the…more

Competitive Bidding, Deadlines, Electricity, Energy Sector, Foreign Investment

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Department Of Justice Releases Charging Policy For Computer Crime Matters

On October 24, 2016, the Department of Justice (“DOJ”) publicly released an internal policy memorandum dated September 11, 2014 (“the policy”), that details the factors federal prosecutors should use in determining whether to…more

Computer Fraud and Abuse Act (CFAA), Cyber Crimes, DOJ

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Washington Insight - September 2016

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank - On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010…more

Broker-Dealer, CFPB, Class Action, Commercial Real Estate Market, Cyber Threats

See All Updates »

LNG In Morocco

Morocco is currently implementing important changes to its energy mix, which may provide interesting opportunities in the LNG sector. This article presents a brief overview of the origin of the national development plan for LNG…more

Electricity, Energy Projects, Energy Sector, Hydropower, Intended Nationally Determined Contributions (INDC)

See All Updates »

The Senior Managers Regime – should GCs be worried?

In March this year the PRA and the FCA introduced the Senior Managers Regime (‘SMR’) for individuals associated with banks and PRA regulated investment firms (from 2018 the SMR will apply to all UK authorised firms). The regime…more

Banks, Corporate Counsel, Financial Conduct Authority (FCA), Individual Accountability, Investment Firms

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ITC Section 337 Update – August 2016

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States…more

Anti-Dumping Duty, Appeals, Component Parts Doctrine, Consent Order, Countervailing Duties

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DOT Releases Autonomous Vehicles Guidelines - New AV Policy Sets a Course for Safety and Oversight

The highly anticipated Federal Automated Vehicles Policy (AV Policy), released yesterday, provides manufacturers direction on developing safer autonomous cars. In addition, NHTSA has presented a model guide for states on their…more

Automotive Industry, Department of Transportation (DOT), Driverless Cars, Motor Vehicles, NHTSA

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Third Circuit Rules Make-Whole Provisions Enforceable in the Energy Future Bankruptcy

On November 17, the U.S. Court of Appeals for the Third Circuit (the “Court”) made clear its stance on the question of enforceability of make-whole provisions in bankruptcy. Bucking the recent trend seen in cases such as In re…more

Appeals, Bankruptcy Court, Borrowers, Commercial Bankruptcy, Debt

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Meaning of “Commencement of Drilling”: Summary of Vitol E & P Limited v Africa Oil and Gas Corporation [2016] EWHC 1677 (Comm)

Introduction - In a dispute arising in connection with a sale and purchase agreement for an interest under a Production Sharing Contract in the Congo, an English court (the Queen's Bench Division of the High Court of…more

Acquisitions, Africa, Contract Disputes, Deferred Consideration, Democratic Republic of Congo

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Oncology Practice Agrees to Pay $5.3 Million to Settle Copayment Waiver Case

A New York State hematology-oncology medical practice (the Practice), has agreed to pay $5.3 million to resolve allegations that, over an approximate five-year period, it provided kickbacks to patients in the form of waived…more

Co-payments, Healthcare, HHS, Kickbacks, OIG

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SEC Cracks Down on Charitable Contributions under the FCPA - Best Practices In Light of Recent SEC Enforcement

For the first time, the Securities and Exchange Commission has brought an FCPA enforcement action premised entirely on a one-time charitable contribution. On September 20, 2016, the SEC announced a settled FCPA…more

Bribery, Charitable Donations, Charitable Organizations, China, Corruption

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Forewarned is Forearmed—Hosting Events at the Political Conventions

Organizations that plan to provide entertainment to Members and staff of the United States House of Representatives and Senate at the political party conventions should remind themselves of the unique rules that apply to…more

Campaign Contributions, Lobbying, Lobbying Disclosure Act, Lobbyists

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FDA Launches Form for Reporting Allegations of Misconduct by Device Manufacturers

Program Has Broad Reach - On October 21, 2016, the Food and Drug Administration launched a webpage that contains an Allegations of Regulatory Misconduct Form to enable whistleblowers, competitors, and others to report…more

FDA, Manufacturers, Medical Devices, Willful Misconduct

See All Updates »

NHTSA Releases Guidance on Enforcement of Safety-Related Defects in Automated Vehicle Technologies - Agency’s stance raises implications for software manufacturers and suppliers

Last week, the National Highway Traffic Safety Administration (NHTSA) released its final Enforcement Guidance Bulletin on Safety-Related Defects and Automated Safety Technologies. The Guidance makes clear that the agency’s…more

Automation Systems, Enforcement, Final Guidance, Motor Vehicles, NHTSA

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Washington Insight - September 2016

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank - On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010…more

Broker-Dealer, CFPB, Class Action, Commercial Real Estate Market, Cyber Threats

See All Updates »

Energy Newsletter - September 2016

Implementing Islamic Financing for Renewable Energy Projects - The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led by…more

Acquisitions, Bankruptcy Code, BOEM, Coal Industry, Covenants that Run With the Land

See All Updates »

HHS Says Claims Appeals Backlog Is Decreasing and May Be Eliminated by the End of FY 2019

On November 7, 2016, in the pending American Hospital Association (AHA) v. Burwell litigation, HHS filed a motion for summary judgment. A central focus of HHS’s motion for summary judgment is assertions that “the backlog is…more

HHS, Hospitals, OMHA, Recovery Audit Contractors (RACs), Summary Judgment

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Supreme Court Rules that Citizenship of a Real Estate Investment Entity is Based on Citizenship of its Members, Which Includes Shareholders

On March 7, 2016, the U.S. Supreme Court (the “Supreme Court”) ruled that the citizenship of a Real Estate Investment Entity (“REIT”), for purposes of federal diversity jurisdiction, is based on the citizenship of its members,…more

Americold Realty Trust v Conagra Foods, Citizenship, Diversity Jurisdiction, Members, REIT

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Employers Are Advised to Proceed Cautiously Before Discussing Employee Recruitment and Compensation with Competitors as the DOJ and FTC Crack Down on Violations of Antitrust Laws

On October 20, 2016, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) jointly issued Antitrust Guidance for Human Resource Professionals intended to alert those involved in hiring and…more

Antitrust Violations, Compensation, DOJ, FTC, Hiring & Firing

See All Updates »

Major FCPA Enforcement Action Against Nation’s Largest Publicly Traded Hedge Fund

In one of the largest FCPA settlements in history, hedge fund Och-Ziff Capital Management Group LLC (“Och-Ziff”) recently resolved a long-running government inquiry by agreeing to $413 million in financial penalties and a…more

Africa, Bribery, Deferred Prosecution Agreements, Democratic Republic of Congo, DOJ

See All Updates »

How to Prepare for the Significant Changes to U.S. Trade Policy under President Donald Trump

On Tuesday, November 8, 2016, Donald Trump was elected President of the United States after a campaign in which he repeatedly criticized long-standing principles of U.S. trade policy. Mr. Trump’s victory is likely to lead to a…more

Bipartisan Agreement, China, Dispute Resolution, Donald Trump, Enforcement

See All Updates »

Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

See All Updates »

Brexit Trade Audit: A Five-Step Guide to Help Determine the Way Forward

Companies doing business in the UK or from the UK should be looking to “future-proof” their operations following the UK’s recent vote to leave the European Union. A Brexit audit is one way of determining the possible impact of…more

Audits, EU, Goods or Services, Imports, Member State

See All Updates »

MEasure - Summer 2016

Brexit – Impact on Middle Eastern Issuers - Whilst the precise legal and regulatory impact that the UK’s recent decision to leave the European Union (EU), dubbed Brexit, will have on the corporate finance market will depend…more

Capital Markets, Capital Markets Act (CMA), EU, EU Passport, Member State

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ITC Section 337 Update – August 2016

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States…more

Anti-Dumping Duty, Appeals, Component Parts Doctrine, Consent Order, Countervailing Duties

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Washington Insight - September 2016

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank - On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010…more

Broker-Dealer, CFPB, Class Action, Commercial Real Estate Market, Cyber Threats

See All Updates »

CMS Finalizes Policies on Off-Campus Provider-Based Status CMS Will Pay Non-Excepted PBDs in 2017, But Adopts Nearly All Other Proposals

On November 1, 2016, the Centers for Medicare & Medicaid Services (CMS) issued its CY 2017 Outpatient Prospective Payment System (OPPS) Final Rule, which includes the agency’s final policies implementing legislative changes to…more

Bipartisan Budget Act, CMS, Health Care Providers, Hospitals, Off-Campus Departments

See All Updates »

Washington Insight - September 2016

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank - On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010…more

Broker-Dealer, CFPB, Class Action, Commercial Real Estate Market, Cyber Threats

See All Updates »

CMS Finalizes Policies on Off-Campus Provider-Based Status CMS Will Pay Non-Excepted PBDs in 2017, But Adopts Nearly All Other Proposals

On November 1, 2016, the Centers for Medicare & Medicaid Services (CMS) issued its CY 2017 Outpatient Prospective Payment System (OPPS) Final Rule, which includes the agency’s final policies implementing legislative changes to…more

Bipartisan Budget Act, CMS, Health Care Providers, Hospitals, Off-Campus Departments

See All Updates »

Washington Insight - September 2016

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank - On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010…more

Broker-Dealer, CFPB, Class Action, Commercial Real Estate Market, Cyber Threats

See All Updates »

Don’t Copy “Bounty” Bars: Distributors of Chocolate Bars Prohibited from Imitating “Bounty Bar Shape”

Mars saw a violation of its three-dimensional “Bounty” trademark and filed a lawsuit against the distributor of the “Wish” chocolate bar…more

Counterfeiting, German Supreme Court, Inherently Distinctive, Mars, Trademark Registration

See All Updates »

Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

See All Updates »

International Cybersecurity Accord Adopted By Major World Economies

The Group of 7, comprised of Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States, adopted a non-binding agreement aimed at strengthening the cybersecurity and resiliency of the international…more

Cybersecurity, Financial Institutions, Financial Sector

See All Updates »

Washington Insight - September 2016

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank - On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010…more

Broker-Dealer, CFPB, Class Action, Commercial Real Estate Market, Cyber Threats

See All Updates »

Proxy Advisory Firms Issue 2017 Voting Guidelines

Proxy advisory firms Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) recently issued updated proxy voting guidelines for the upcoming 2017 proxy season. Notable updates were issued by one or both…more

Glass Lewis, IPO, ISS, Overboarding, Proxy Advisors

See All Updates »

Saudi Arabia Takes First Steps to Privatise US$50 Billion of Water Sector Assets

Ali Al-Hazmi Appointed Governor of Saline Water Conversion Corporation as Kingdom Proceeds with Vision 2030 Privatisation Initiative - The Kingdom of Saudi Arabia last week announced that Ali Al-Hazmi is replacing…more

Saudi Arabia, Water Conservation

See All Updates »

Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

See All Updates »

Energy Newsletter - September 2016

Implementing Islamic Financing for Renewable Energy Projects - The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led by…more

Acquisitions, Bankruptcy Code, BOEM, Coal Industry, Covenants that Run With the Land

See All Updates »

FERC Proposes New Data Collection Rules

On July 21, 2016, the Federal Energy Regulatory Commission (“FERC”) issued a notice of proposed rulemaking (the “NOPR”) addressing the collection of certain data from sellers making sales at market-based rates (“MBR Sellers”)…more

Connected Entities, Data Collection, Databases, Federal Register, FERC

See All Updates »

IRS and Treasury Issue Proposed Regulations Easing Some of the Burden of the Fractions Rule

Executive Summary On November 22, the Internal Revenue Service (“IRS”) and Treasury Department issued proposed regulations (REG-136978-12, the “Proposed Regulations”) under the “fractions rule” of Section 514(c)(9)(E) of the…more

Internal Revenue Code (IRC), IRS, Proposed Regulation, Taxable Income, U.S. Treasury

See All Updates »

Miscellaneous Tariff Bill Petition Process Goes Live - Potential for up to $500,000 in duty relief per product

The U.S. International Trade Commission (“ITC”) has begun accepting petitions seeking temporary duty suspensions and reductions pursuant to the American Manufacturing Competitiveness Act of 2016 (“the Act”). The Act…more

American Manufacturing Competitiveness Act, Duties, Imports, ITC, Manufacturers

See All Updates »

HHS Issues Final Rule that Expands the Requirements for Disclosure of Clinical Trial Data to ClinicalTrials.gov

On September 21, 2016, the Department of Health and Human Services (HHS) published a final rule that greatly expands the information that sponsors of “applicable drug clinical trials” and “applicable device clinical trials”…more

Adverse Events, Civil Monetary Penalty, Clinical Trials, Disclosure Requirements, Enforcement

See All Updates »

Bill to Make Local Coverage Determinations More Transparent Introduced in House

On July 11, 2016, Reps. Lynn Jenkins (R-Kan.) and Ron Kind (D-Wis.) introduced the Local Coverage Determination Clarification Act (H.R. 5721), with the goal of modifying the LCD process performed by Medicare Administrative…more

Local Coverage Determination (LCD), MACs, Proposed Amendments

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Delaware Court of Chancery Dismisses Litigation Arising from Controller Buyout of Books-A-Million Under "MFW" Framework

On October 10, 2016, the Delaware Court of Chancery issued its decision in In re Books-A-Million, Inc. Stockholders Litigation. The decision, authored by Vice Chancellor J. Travis Laster, is important because it applies the…more

Acquisitions, Bad Faith, Board of Directors, Business Judgment Rule, Buyouts

See All Updates »

HHS Issues Final Rule that Expands the Requirements for Disclosure of Clinical Trial Data to ClinicalTrials.gov

On September 21, 2016, the Department of Health and Human Services (HHS) published a final rule that greatly expands the information that sponsors of “applicable drug clinical trials” and “applicable device clinical trials”…more

Adverse Events, Civil Monetary Penalty, Clinical Trials, Disclosure Requirements, Enforcement

See All Updates »

Trade & Manufacturing - News of Note - November 2016

Anniversary of Softwood Lumber Agreement Expiration Could Bring New Trade Case - October 12 marked the one-year anniversary of the expiration of the 2006 Softwood Lumber Agreement between the United States and Canada and…more

Bonds, Data Protection, EU-US Privacy Shield, Expiration Date, Imports

See All Updates »

Brexit Trade Audit: A Five-Step Guide to Help Determine the Way Forward

Companies doing business in the UK or from the UK should be looking to “future-proof” their operations following the UK’s recent vote to leave the European Union. A Brexit audit is one way of determining the possible impact of…more

Audits, EU, Goods or Services, Imports, Member State

See All Updates »

Supreme Court Rules that Citizenship of a Real Estate Investment Entity is Based on Citizenship of its Members, Which Includes Shareholders

On March 7, 2016, the U.S. Supreme Court (the “Supreme Court”) ruled that the citizenship of a Real Estate Investment Entity (“REIT”), for purposes of federal diversity jurisdiction, is based on the citizenship of its members,…more

Americold Realty Trust v Conagra Foods, Citizenship, Diversity Jurisdiction, Members, REIT

See All Updates »

Employers Are Advised to Proceed Cautiously Before Discussing Employee Recruitment and Compensation with Competitors as the DOJ and FTC Crack Down on Violations of Antitrust Laws

On October 20, 2016, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) jointly issued Antitrust Guidance for Human Resource Professionals intended to alert those involved in hiring and…more

Antitrust Violations, Compensation, DOJ, FTC, Hiring & Firing

See All Updates »

HHS Issues Final Rule that Expands the Requirements for Disclosure of Clinical Trial Data to ClinicalTrials.gov

On September 21, 2016, the Department of Health and Human Services (HHS) published a final rule that greatly expands the information that sponsors of “applicable drug clinical trials” and “applicable device clinical trials”…more

Adverse Events, Civil Monetary Penalty, Clinical Trials, Disclosure Requirements, Enforcement

See All Updates »

NHTSA Releases Guidance on Enforcement of Safety-Related Defects in Automated Vehicle Technologies - Agency’s stance raises implications for software manufacturers and suppliers

Last week, the National Highway Traffic Safety Administration (NHTSA) released its final Enforcement Guidance Bulletin on Safety-Related Defects and Automated Safety Technologies. The Guidance makes clear that the agency’s…more

Automation Systems, Enforcement, Final Guidance, Motor Vehicles, NHTSA

See All Updates »

First Circuit Upholds Exclusion of Dual-Eligible Patients That Are Not Entitled to SSI Benefits from Both the DSH Medicaid Fraction and the Numerator of the DSH SSI Fraction

The U.S. Court of Appeals for the First Circuit recently ruled in favor of HHS, overturning a $17 million district court decision, in a dispute dating back as far as the 1993 fiscal year over whether hospitals may include, for…more

Appeals, Disproportionate Share Adjustments, DSH, HHS, Hospitals

See All Updates »

New OSHA Silica Rule Deadline Is Rapidly Approaching – Are You Ready?

While the Summer of 2018 may seem far away, companies should be preparing now to be ready to meet the significant new requirements of the U.S. Occupational Safety and Health Administration’s (“OSHA”) new rule for respirable…more

New Regulations, OSHA, Silica, Toxic Exposure, Workplace Hazards

See All Updates »

D.C. Circuit Rules CFPB’s Structure Unconstitutional

In a news-making decision with significant political implications, but probably limited near-term business or legal effects, the United States Court of Appeals for the District of Columbia Circuit held on Tuesday, October 11,…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

See All Updates »

House Files Motion to Delay Affordable Care Act Suit in Light of Change in Administration

On November 21, 2016, the U.S. House of Representatives filed a motion with the D.C. Court of Appeals requesting a temporary hold on briefing in U.S. House of Representatives v. Burwell as a result of Donald Trump’s election…more

Affordable Care Act, Cost-Sharing, Donald Trump, Healthcare Reform, Presidential Elections

See All Updates »

SEC Cracks Down on Charitable Contributions under the FCPA - Best Practices In Light of Recent SEC Enforcement

For the first time, the Securities and Exchange Commission has brought an FCPA enforcement action premised entirely on a one-time charitable contribution. On September 20, 2016, the SEC announced a settled FCPA…more

Bribery, Charitable Donations, Charitable Organizations, China, Corruption

See All Updates »

LinkedIn Blocked in Russia: Privacy and Trade Law Aspect

The business networking platform LinkedIn is the first major international player to fall victim to the implementation of Russia’s “data localization” law, with effect from September 1, 2015, which requires all parties…more

Blocked Entities, Cross-Border Transactions, Data Localisation Law, GATS, Internet Service Providers (ISPs)

See All Updates »

Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

See All Updates »

First Circuit Dismisses Claim That Fidelity Violated Its Fiduciary Duties By Retaining Float

In July, the Court of Appeals for the First Circuit rejected a claim that Fidelity breached its fiduciary duties by retaining “float” earned while Fidelity was handling 401(k) plan distributions. (Float is interest earned in…more

DOL, Fidelity Investments, Fiduciary Duty, Stock Float

See All Updates »

U.S. Apple Growers Win Rare Antidumping Case in Mexico

On June 7, the Mexican Ministry of the Economy (“Economía”) issued the final determination in its antidumping investigation on imports of apples from the United States, terminating such investigation on the basis of the absence…more

Anti-Dumping Duty, Imports, Mexico

See All Updates »

LinkedIn Blocked in Russia: Privacy and Trade Law Aspect

The business networking platform LinkedIn is the first major international player to fall victim to the implementation of Russia’s “data localization” law, with effect from September 1, 2015, which requires all parties…more

Blocked Entities, Cross-Border Transactions, Data Localisation Law, GATS, Internet Service Providers (ISPs)

See All Updates »

SEC Files Action Against Company and its General Counsel for Loss Contingency Accrual and Disclosure Failures – What to Know

SEC’s Factual Allegations - On September 9, 2016, the Securities and Exchange Commission (“SEC”) filed a complaint against RPM International Inc. (“RPM”) and its General Counsel and Chief Compliance Officer, alleging the…more

Disclosure Requirements, DOJ, False Claims Act (FCA), Internal Investigations, Loss Contingencies

See All Updates »

Major FCPA Enforcement Action Against Nation’s Largest Publicly Traded Hedge Fund

In one of the largest FCPA settlements in history, hedge fund Och-Ziff Capital Management Group LLC (“Och-Ziff”) recently resolved a long-running government inquiry by agreeing to $413 million in financial penalties and a…more

Africa, Bribery, Deferred Prosecution Agreements, Democratic Republic of Congo, DOJ

See All Updates »

Nicklaw v. CitiMortgage, Inc.: Eleventh Circuit Holds Statutory Violation Insufficient to Confer Article III Standing Absent Concrete Injury-inFact

On October 6, 2016, the United States Court of Appeals for the Eleventh Circuit issued its opinion in Nicklaw v. CitiMortgage, Inc., dismissing, for lack of Article III standing, a class action complaint that alleged statutory…more

Appeals, Article III, Class Action, FDCPA, Injury-in-Fact

See All Updates »

Energy Newsletter - September 2016

Implementing Islamic Financing for Renewable Energy Projects - The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led by…more

Acquisitions, Bankruptcy Code, BOEM, Coal Industry, Covenants that Run With the Land

See All Updates »

New York Attorney General Announces Settlement With Trump Hotel Over Two Data Security Incidents

On September 23, 2016, New York Attorney General Eric T. Schneiderman announced a settlement with Trump International Hotels Management LLC, d/b/a Trump Hotel Collection (“THC”), imposing $50,000 in penalties and ongoing…more

Breach Notification Rule, Credit Cards, Data Breach, Data Security, Donald Trump

See All Updates »

How to Prepare for the Significant Changes to U.S. Trade Policy under President Donald Trump

On Tuesday, November 8, 2016, Donald Trump was elected President of the United States after a campaign in which he repeatedly criticized long-standing principles of U.S. trade policy. Mr. Trump’s victory is likely to lead to a…more

Bipartisan Agreement, China, Dispute Resolution, Donald Trump, Enforcement

See All Updates »

FinCEN Issues Advisory on Cyber Crime

On October 25, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) published an Advisory to Financial Institutions on Cyber-Events and Cyber-Enabled Crime and an accompanying Frequently Asked…more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Cyber Crimes, Cybersecurity

See All Updates »

House Bill Would Block CMS Proposed New Payment Model for Part B Drugs

The Congressional Budget Office (CBO) released a report on October 4, 2016, estimating that a bill in the U.S. House of Representatives to block the implementation of CMS’s proposed payment model for Part B drugs would cost the…more

CMS, Congressional Budget Office, Medicare Part B, Pharmaceutical Industry, Prescription Drugs

See All Updates »

The Common Law Touch - The status of English law for international business post-Brexit

The UK referendum result in June 2016, which saw the majority of the electorate vote to leave the European Union (EU), has presented many questions about the future legal implications of a Brexit. While individual legislative…more

English Common Law, EU, Member State, Referendums, UK

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China Promulgates New Cybersecurity Law

On Monday, November 7, 2016, the Standing Committee of the National People’s Congress of China promulgated a new cybersecurity law, providing the Chinese government with sweeping authority to regulate and monitor internet…more

China, Cyber Attacks, Cybersecurity, Data Privacy, Data Protection

See All Updates »

CMS’s Interim Final Rule to Permit “Stacking” of Reclassifications Puts Pressure on Urban Hospitals to Evaluate Advantages of Geographic Reclassification to “Rural” Status for Wage Index Purposes in Advance of September 1 Deadline

Hospitals may seek redesignation to a neighboring core-based statistical area for wage index purposes under the rules that set forth the geographic reclassification process. See 42 C.F.R. § 412.230 et seq. Those rules require…more

Anti-Stacking Provisions, CMS, Hospitals, Interim Rule, Reclassification Rules

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First EU-wide cybersecurity regime set to enter force in August 2016 after final approval by European Parliament

The European Parliament gave final approval to the Network and Information Security Directive (“Directive”), the first-ever EU-wide cybersecurity standards, on July 6, 2016. The Directive seeks to improve the cybersecurity…more

Cybersecurity, Data Privacy, Data Security, Digital Service Providers, EU

See All Updates »

Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

See All Updates »

CMS Finalizes Policies on Off-Campus Provider-Based Status CMS Will Pay Non-Excepted PBDs in 2017, But Adopts Nearly All Other Proposals

On November 1, 2016, the Centers for Medicare & Medicaid Services (CMS) issued its CY 2017 Outpatient Prospective Payment System (OPPS) Final Rule, which includes the agency’s final policies implementing legislative changes to…more

Bipartisan Budget Act, CMS, Health Care Providers, Hospitals, Off-Campus Departments

See All Updates »

Delaware Court of Chancery Dismisses Litigation Arising from Controller Buyout of Books-A-Million Under "MFW" Framework

On October 10, 2016, the Delaware Court of Chancery issued its decision in In re Books-A-Million, Inc. Stockholders Litigation. The decision, authored by Vice Chancellor J. Travis Laster, is important because it applies the…more

Acquisitions, Bad Faith, Board of Directors, Business Judgment Rule, Buyouts

See All Updates »

IRS and Treasury Issue Proposed Regulations Easing Some of the Burden of the Fractions Rule

Executive Summary On November 22, the Internal Revenue Service (“IRS”) and Treasury Department issued proposed regulations (REG-136978-12, the “Proposed Regulations”) under the “fractions rule” of Section 514(c)(9)(E) of the…more

Internal Revenue Code (IRC), IRS, Proposed Regulation, Taxable Income, U.S. Treasury

See All Updates »

Proxy Advisory Firms Issue 2017 Voting Guidelines

Proxy advisory firms Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) recently issued updated proxy voting guidelines for the upcoming 2017 proxy season. Notable updates were issued by one or both…more

Glass Lewis, IPO, ISS, Overboarding, Proxy Advisors

See All Updates »

The Brexit – Energy Markets

The UK electorate has now voted in favour of the UK leaving the European Union. The impact on the energy market may be significant given the economic uncertainty and impact on the regulatory environment. Much remains unclear;…more

Energy Market, Energy Sector, EU, Financial Markets, Member State

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Recently Introduced Legislation Designed To Secure Voting Systems

On September 21, 2016, Representative Hank Johnson (R-GA) introduced two bills in the U.S. House of Representatives that aim to protect U.S. voting systems from hackers. These two pieces of legislation—the “Election…more

DHS, Federal Elections, Hackers, Infrastructure, Voter Registration

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Long Anticipated Bankruptcy Law Goes Into Effect

On 20 September 2016, the new Bankruptcy Law (the Law) for the UAE was enacted. The Law was gazetted on 29 September 2016 and comes into effect on 31 December 2016. The Law will be supplemented by procedural regulations to be…more

Creditors, Debtors, Insolvency, Liquidation, UAE

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FTC Publishes Data Breach Response Guidelines

On October 25, 2016, the Federal Trade Commission (“FTC”) published a guide titled “Data Breach Response: A Guide for Business” outlining a high-level set of steps that businesses should take in order to prepare for and respond…more

Data Breach, FTC, FTC Act, Incident Response Plans, Personally Identifiable Information

See All Updates »

Proxy Advisory Firms Issue 2017 Voting Guidelines

Proxy advisory firms Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) recently issued updated proxy voting guidelines for the upcoming 2017 proxy season. Notable updates were issued by one or both…more

Glass Lewis, IPO, ISS, Overboarding, Proxy Advisors

See All Updates »

Yahoo Requests Declassification Of Alleged Email Scanning Order

On October 19, Yahoo publicly petitioned U.S. Director of National Intelligence James Clapper to declassify a federal order allegedly requiring it to scan all of its users’ incoming email messages. In the open letter, Yahoo’s…more

Email, FISA, USA Freedom Act, Yahoo!

See All Updates »

Delaware Court of Chancery Dismisses Litigation Arising from Controller Buyout of Books-A-Million Under "MFW" Framework

On October 10, 2016, the Delaware Court of Chancery issued its decision in In re Books-A-Million, Inc. Stockholders Litigation. The decision, authored by Vice Chancellor J. Travis Laster, is important because it applies the…more

Acquisitions, Bad Faith, Board of Directors, Business Judgment Rule, Buyouts

See All Updates »

Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

See All Updates »

FDA Launches Form for Reporting Allegations of Misconduct by Device Manufacturers

Program Has Broad Reach - On October 21, 2016, the Food and Drug Administration launched a webpage that contains an Allegations of Regulatory Misconduct Form to enable whistleblowers, competitors, and others to report…more

FDA, Manufacturers, Medical Devices, Willful Misconduct

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FDA Launches Form for Reporting Allegations of Misconduct by Device Manufacturers

Program Has Broad Reach - On October 21, 2016, the Food and Drug Administration launched a webpage that contains an Allegations of Regulatory Misconduct Form to enable whistleblowers, competitors, and others to report…more

FDA, Manufacturers, Medical Devices, Willful Misconduct

See All Updates »

Energy Newsletter - September 2016

Implementing Islamic Financing for Renewable Energy Projects - The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led by…more

Acquisitions, Bankruptcy Code, BOEM, Coal Industry, Covenants that Run With the Land

See All Updates »

First EU-wide cybersecurity regime set to enter force in August 2016 after final approval by European Parliament

The European Parliament gave final approval to the Network and Information Security Directive (“Directive”), the first-ever EU-wide cybersecurity standards, on July 6, 2016. The Directive seeks to improve the cybersecurity…more

Cybersecurity, Data Privacy, Data Security, Digital Service Providers, EU

See All Updates »

Washington Insight - September 2016

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank - On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010…more

Broker-Dealer, CFPB, Class Action, Commercial Real Estate Market, Cyber Threats

See All Updates »

Optometrists Who Leased Space at Texas Wal-Mart Stores Cannot Recover Damages for Technical Violation of State Licensing Law Under Corporate Practice Theory

The United States Court of Appeals for the Fifth Circuit, in a per curium decision issued October 27, 2016 in Forte v. Wal-Mart Stores, Inc., vacated approximately $1.4 million in statutory civil penalties awarded by the…more

Civil Monetary Penalty, Hours of Service, Licensing Rights, Wal-Mart

See All Updates »

Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

See All Updates »

Supreme Court Rules that Citizenship of a Real Estate Investment Entity is Based on Citizenship of its Members, Which Includes Shareholders

On March 7, 2016, the U.S. Supreme Court (the “Supreme Court”) ruled that the citizenship of a Real Estate Investment Entity (“REIT”), for purposes of federal diversity jurisdiction, is based on the citizenship of its members,…more

Americold Realty Trust v Conagra Foods, Citizenship, Diversity Jurisdiction, Members, REIT

See All Updates »

FTC Testifies Before Senate Commerce Committee About Data Security Approach

On Tuesday, September 27, 2016, the three active commissioners at the Federal Trade Commission (“FTC” or the “Commission”) testified before the U.S. Senate Committee on Commerce, Science, and Transportation regarding the…more

Data Security, FTC, FTC Act, Popular, Section 5

See All Updates »

FinCEN Issues Advisory on Cyber Crime

On October 25, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) published an Advisory to Financial Institutions on Cyber-Events and Cyber-Enabled Crime and an accompanying Frequently Asked…more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Cyber Crimes, Cybersecurity

See All Updates »

FCC Sets Out Revised Privacy Rules For Broadband Providers

On Thursday October 7, 2016, the Chairman of the Federal Communications Commission (“FCC”), Tom Wheeler, announced a proposal for new privacy rules for broadband providers in a post on the FCC’s website. Chairman Wheeler stated…more

Broadband, Communications Act 2003, FCC, FTC, Internet Service Providers (ISPs)

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Digesting the €13 Billion Apple-EU Tax Ruling

King & Spalding experts assess what international businesses need to be aware of following the EC's ruling on State Aid in the Apple case - Partners in King & Spalding’s tax department have shared their perspectives and…more

Apple, Corporate Taxes, EU, European Commission, Ireland

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FFIEC Releases Answers To FAQs About Cybersecurity Assessment Tool

On October 17, 2016, the Federal Financial Institutions Examination Council (“FFIEC” or the “Council”) released a set of answers to frequently asked questions about its cybersecurity assessment tool (the “CAT”). The FFIEC, an…more

Cyber Attacks, Cybersecurity, FFIEC, Financial Institutions, NIST

See All Updates »

Trade & Manufacturing - October 2016

What the Next President Should Do About U.S. Manufacturing - Top industry executives, political leaders, small business and trade union leaders, researchers and policymakers are offering a blueprint for maintaining the…more

ALJ, Anti-Dumping Duty, Customs and Border Protection, Cybersecurity, Drones

See All Updates »

Facebook Alleges Illinois Biometric Information Privacy Act Unconstitutional

On November 11, 2016, Facebook, Inc. (“Facebook”), filed an answer (“Answer”) in response to a consolidated class action complaint (“Complaint”) alleging that Facebook generates, collects, stores and uses “face geometry”…more

Biometric Information Privacy Act, Facebook, Unconstitutional Condition

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CMS and OIG Propose First Major Medicaid Fraud Control Program Changes Since 1978

On September 20, 2016, CMS and the OIG jointly published a proposed rule, available here, to amend the largely unchanged 1978 regulation governing State Medicaid Fraud Control Units (MFCUs). Since the initial issuance of the…more

CMS, Fraud, Medicaid, OIG, Proposed Rules

See All Updates »

Proxy Advisory Firms Issue 2017 Voting Guidelines

Proxy advisory firms Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) recently issued updated proxy voting guidelines for the upcoming 2017 proxy season. Notable updates were issued by one or both…more

Glass Lewis, IPO, ISS, Overboarding, Proxy Advisors

See All Updates »

SEC Files Action Against Company and its General Counsel for Loss Contingency Accrual and Disclosure Failures – What to Know

SEC’s Factual Allegations - On September 9, 2016, the Securities and Exchange Commission (“SEC”) filed a complaint against RPM International Inc. (“RPM”) and its General Counsel and Chief Compliance Officer, alleging the…more

Disclosure Requirements, DOJ, False Claims Act (FCA), Internal Investigations, Loss Contingencies

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Trade & Manufacturing - October 2016

What the Next President Should Do About U.S. Manufacturing - Top industry executives, political leaders, small business and trade union leaders, researchers and policymakers are offering a blueprint for maintaining the…more

ALJ, Anti-Dumping Duty, Customs and Border Protection, Cybersecurity, Drones

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Saudi Arabia and the Gulf Cooperation Council: Infrastructure Delivery Including Under a Public Private Partnership Model: Top 10 Tendering Tips

The sovereign funding gap caused by a low oil price environment, coupled with a global period of economic uncertainty, are two drivers leading governments and state owned enterprises (SOEs) throughout the Middle East and North…more

Competitive Bidding, Construction Project, Infrastructure, Oil & Gas, Oil Prices

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A Quick Snapshot Of President-Elect Trump's Foreign Policy Agenda

The big guessing game now in the wake of the election is, to what degree should we take Mr. Trump’s election campaign rhetoric literally? This question applies across the board, but in foreign affairs the mystery may be deeper…more

Donald Trump, Foreign Policy, Presidential Elections, Trump Administration

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Washington Insight - September 2016

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank - On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010…more

Broker-Dealer, CFPB, Class Action, Commercial Real Estate Market, Cyber Threats

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Sweden’s Request to Ban American Lobster in the EU Risks Violating the Rules of the WTO

On February 29, 2016, the Swedish Government requested that the European Union impose a ban on imports of U.S./Canadian live lobster (Homarus americanus). Sweden argued that Homarus americanus is an “alien invasive species” to…more

Canada, EU, Food Borne Bacteria, Food Manufacturers, Imports

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Employers Are Advised to Proceed Cautiously Before Discussing Employee Recruitment and Compensation with Competitors as the DOJ and FTC Crack Down on Violations of Antitrust Laws

On October 20, 2016, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) jointly issued Antitrust Guidance for Human Resource Professionals intended to alert those involved in hiring and…more

Antitrust Violations, Compensation, DOJ, FTC, Hiring & Firing

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Forewarned is Forearmed—Hosting Events at the Political Conventions

Organizations that plan to provide entertainment to Members and staff of the United States House of Representatives and Senate at the political party conventions should remind themselves of the unique rules that apply to…more

Campaign Contributions, Lobbying, Lobbying Disclosure Act, Lobbyists

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Proxy Advisory Firms Issue 2017 Voting Guidelines

Proxy advisory firms Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) recently issued updated proxy voting guidelines for the upcoming 2017 proxy season. Notable updates were issued by one or both…more

Glass Lewis, IPO, ISS, Overboarding, Proxy Advisors

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CMS Releases OPPS and ASC Payment Final Rules, Finalizes Changes to Off-Campus Provider-Based Status

On November 1, 2016, CMS released the final payment rates and policy changes in the Hospital Outpatient Prospective Payment System (OPPS) final rule (OPPS Final Rule) and Ambulatory Surgical Center Payment System Final Rule (ASC…more

CMS, EHR, Final Rules, MPFS, Off-Campus Departments

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Washington Insight - September 2016

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank - On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010…more

Broker-Dealer, CFPB, Class Action, Commercial Real Estate Market, Cyber Threats

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Adobe Settles With 15 States For 2013 Data Breach

Adobe Systems, Inc. (“Adobe”) agreed to settle an investigation by 15 states related to an incident in 2013 in which Adobe was the victim of a data security breach that exposed the user name, account information, and credit card…more

Adobe, Data Breach, Hackers, Personally Identifiable Information, Security Breach

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Compensation and Benefits Insights – September 2016 #2

Hardly Water Under the Bridge: NLRB, SEC, OSHA Mount Offensive Against Confidentiality Agreements - A recent New York Times story shed light on complaints by an employee of Bridgewater Associates, a $154 billion hedge fund…more

Confidential Information, Deadlines, DOL, ERISA, Health and Welfare Plans

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U.S. Senate Finance Committee Introduces Draft CHRONIC Care Bill

On October 27, 2016, the U.S. Senate Finance Committee released a discussion draft of a bill that seeks to improve treatment for Medicare beneficiaries with chronic illnesses, with an emphasis on increased payment for home care…more

HHS, Medicare, Telehealth

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PHMSA Looks to Stakeholders to Complete Crude-by-Rail Response Plan Rule

The Pipeline and Hazardous Material Safety Administration (PHMSA) recently issued a proposed rule that aims to expand oil spill response plan (OSRP) requirements for railroads transporting oil. Stakeholders have already provided…more

Confidential Information, Crude by Rail, Emergency Response, Oil & Gas, Oil Spills

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Energy Newsletter - September 2016

Implementing Islamic Financing for Renewable Energy Projects - The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led by…more

Acquisitions, Bankruptcy Code, BOEM, Coal Industry, Covenants that Run With the Land

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FinCEN Issues Advisory on Cyber Crime

On October 25, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) published an Advisory to Financial Institutions on Cyber-Events and Cyber-Enabled Crime and an accompanying Frequently Asked…more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Cyber Crimes, Cybersecurity

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Second Circuit Addresses Expropriation and Imputation Issues under FSIA

Introduction - On October 14, 2016, the U.S. Court of Appeals for the Second Circuit (Second Circuit) issued a decision in Arch Trading Corp. v. Republic of Ecuador, a case addressing the expropriation exception to…more

Alter Ego, Appeals, Expropriation, Foreign Entities, FSIA

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CMS Finalizes CY 2017 Physician Fee Schedule

On Wednesday, November 2, 2016, CMS issued a final rule (Final Rule) to update payment policies and payment rates for services furnished under the Medicare Physician Fee Schedule (PFS) on or after January 1, 2017. In the Final…more

CMS, Final Rules, Medicare Access and CHIP Reauthorization (MACRA), Medicare Part C, Medicare Shared Savings Program

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Implementing A Competitive Natural Gas Market In Mexico - CENAGAS to hold its first open season

Centro Nacional de Control de Gas Natural (CENAGAS) has received authorization from the Comisión Reguladora de Energía (CRE) to conduct its first open season for the assignment of available capacity on a firm basis in the…more

Competitive Bidding, Deadlines, Electricity, Energy Sector, Foreign Investment

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IRS and Treasury Issue Proposed Regulations Easing Some of the Burden of the Fractions Rule

Executive Summary On November 22, the Internal Revenue Service (“IRS”) and Treasury Department issued proposed regulations (REG-136978-12, the “Proposed Regulations”) under the “fractions rule” of Section 514(c)(9)(E) of the…more

Internal Revenue Code (IRC), IRS, Proposed Regulation, Taxable Income, U.S. Treasury

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European Chemical Agency Publishes Call for Evidence on the Use of Formaldehyde Releasers

On July 6, 2016, the European Chemicals Agency (ECHA) issued a call for evidence from relevant stakeholders to gather information on the uses of formaldehyde releasers. ECHA intends to issue a report to inform the Commission’s…more

Chemicals, ECHA, EU, REACH, Request For Information

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How to Prepare for the Significant Changes to U.S. Trade Policy under President Donald Trump

On Tuesday, November 8, 2016, Donald Trump was elected President of the United States after a campaign in which he repeatedly criticized long-standing principles of U.S. trade policy. Mr. Trump’s victory is likely to lead to a…more

Bipartisan Agreement, China, Dispute Resolution, Donald Trump, Enforcement

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Digesting the €13 Billion Apple-EU Tax Ruling

King & Spalding experts assess what international businesses need to be aware of following the EC's ruling on State Aid in the Apple case - Partners in King & Spalding’s tax department have shared their perspectives and…more

Apple, Corporate Taxes, EU, European Commission, Ireland

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FinCEN Issues Advisory on Cyber Crime

On October 25, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) published an Advisory to Financial Institutions on Cyber-Events and Cyber-Enabled Crime and an accompanying Frequently Asked…more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Cyber Crimes, Cybersecurity

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Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs,…more

Construction Contracts, Construction Industry, Construction Project, De Novo Standard of Review, Due Process

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European Union Member States Vote In Support Of The Privacy Shield

On July 8, 2016, the European Union (“EU”) member states voted in support of the Privacy Shield through the Article 31 Committee, which is composed of representatives of the 28 member states. The Privacy Shield would replace…more

EU, EU Data Protection Laws, EU-US Privacy Shield, European Commission, International Data Transfers

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ITC Section 337 Update – October 2016

Commission Suspends ‘939 Investigation Enforcement Pending PTAB Result - On July 21, 2016, the International Trade Commission (“the Commission”) issued a notice that it had found a violation of Section 337 in Certain Cinema…more

ALJ, Anti-Dumping Duty, ITC, Patent Infringement, Patent Litigation

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D.C. Circuit Rules CFPB’s Structure Unconstitutional

In a news-making decision with significant political implications, but probably limited near-term business or legal effects, the United States Court of Appeals for the District of Columbia Circuit held on Tuesday, October 11,…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

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Proxy Advisory Firms Issue 2017 Voting Guidelines

Proxy advisory firms Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) recently issued updated proxy voting guidelines for the upcoming 2017 proxy season. Notable updates were issued by one or both…more

Glass Lewis, IPO, ISS, Overboarding, Proxy Advisors

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Supreme Court Rules that Citizenship of a Real Estate Investment Entity is Based on Citizenship of its Members, Which Includes Shareholders

On March 7, 2016, the U.S. Supreme Court (the “Supreme Court”) ruled that the citizenship of a Real Estate Investment Entity (“REIT”), for purposes of federal diversity jurisdiction, is based on the citizenship of its members,…more

Americold Realty Trust v Conagra Foods, Citizenship, Diversity Jurisdiction, Members, REIT

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Meaning of “Commencement of Drilling”: Summary of Vitol E & P Limited v Africa Oil and Gas Corporation [2016] EWHC 1677 (Comm)

Introduction - In a dispute arising in connection with a sale and purchase agreement for an interest under a Production Sharing Contract in the Congo, an English court (the Queen's Bench Division of the High Court of…more

Acquisitions, Africa, Contract Disputes, Deferred Consideration, Democratic Republic of Congo

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FDA Launches Form for Reporting Allegations of Misconduct by Device Manufacturers

Program Has Broad Reach - On October 21, 2016, the Food and Drug Administration launched a webpage that contains an Allegations of Regulatory Misconduct Form to enable whistleblowers, competitors, and others to report…more

FDA, Manufacturers, Medical Devices, Willful Misconduct

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New OSHA Silica Rule Deadline Is Rapidly Approaching – Are You Ready?

While the Summer of 2018 may seem far away, companies should be preparing now to be ready to meet the significant new requirements of the U.S. Occupational Safety and Health Administration’s (“OSHA”) new rule for respirable…more

New Regulations, OSHA, Silica, Toxic Exposure, Workplace Hazards

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Miscellaneous Tariff Bill Petition Process Goes Live - Potential for up to $500,000 in duty relief per product

The U.S. International Trade Commission (“ITC”) has begun accepting petitions seeking temporary duty suspensions and reductions pursuant to the American Manufacturing Competitiveness Act of 2016 (“the Act”). The Act…more

American Manufacturing Competitiveness Act, Duties, Imports, ITC, Manufacturers

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Sweden’s Request to Ban American Lobster in the EU Risks Violating the Rules of the WTO

On February 29, 2016, the Swedish Government requested that the European Union impose a ban on imports of U.S./Canadian live lobster (Homarus americanus). Sweden argued that Homarus americanus is an “alien invasive species” to…more

Canada, EU, Food Borne Bacteria, Food Manufacturers, Imports

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HRSA Announces Two-Day Extension of Fall 2016 340B Registration Period

On September 27, 2016, the Health Resources and Services Administration (HRSA) sent an email announcement that it will extend its quarterly registration period for the 340B Drug Pricing Program (340B Program) by two days (from…more

CMS, Drug Pricing, HRSA, Pharmaceutical Industry, Section 340B

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LNG Disputes on the Rise

Although some in the LNG industry are generally aware of price review disputes (mostly in Europe) that occurred during the last decade, the growing overall trend globally in LNG disputes (especially via international…more

Buyers, Infrastructure, International Arbitration, Liquid Natural Gas, Oil & Gas

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DOL Finalizes ACA Retaliation Protections for Employees

Final regulations were issued by the Department of Labor (“DOL”) on October 12, 2016 (“Final Rules”) governing employee retaliation protections under the Patient Protection and Affordable Care Act of 2010, as amended (the…more

Affordable Care Act, Anti-Retaliation Provisions, Applicable Large Employers (ALE), DOL, Final Rules

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Florida Federal District Court Dismisses Plaintiff’s Qui Tam Action Against Hospice Providers

On September 22, 2016, the United States District Court for the Middle District of Florida granted defendant hospice providers’ motions to dismiss plaintiff-relator’s claims under the False Claims Act, Florida’s False Claims…more

Conspiracies, False Claims Act (FCA), Federal Rules of Civil Procedure, Fraud, Hospice

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Saudi Arabia Takes First Steps to Privatise US$50 Billion of Water Sector Assets

Ali Al-Hazmi Appointed Governor of Saline Water Conversion Corporation as Kingdom Proceeds with Vision 2030 Privatisation Initiative - The Kingdom of Saudi Arabia last week announced that Ali Al-Hazmi is replacing…more

Saudi Arabia, Water Conservation

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CMS Announces Progress in Shift Toward Alternative Payment Models

This week, CMS announced several important developments relating to provider participation in alternative payment models (APMs). On October 25, 2016, CMS released a fact sheet summarizing key developments relating to APMs and…more

ACOs, Alternative Payment Models (APM), CMS, Medicare

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D.C. District Court Dismisses Cybersecurity Suit Against The IRS

On November 2, 2016, Judge Rosemary Collyer of the U.S. District Court for the District of Columbia dismissed a class action cybersecurity lawsuit against the Internal Revenue Service (“IRS”) for lack of standing and failure to…more

Class Action, Cybersecurity, Internal Revenue Code (IRC), IRS, Personally Identifiable Information

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CMS Delays Stricter Reviews of Medicare Home Care Claims

CMS recently announced a delay in the broad implementation of a stricter review program for Medicare home care claims that launched on a demonstration basis on August 3, 2016. CMS began the demonstration program to test whether…more

CMS, Demonstration Project, Health Care Providers, Hospice, Medicare

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China Issues China Manufacturing 2025 Strategy Sub-plan for Energy Sector

On June 21, the Ministry of Industry and Information Technology (MIIT) published the China Manufacturing 2025 – Energy Equipment Implementation Plan (Plan), jointly issued by the MIIT, the National Development and Reform…more

China, Energy Sector, Manufacturers, MIIT Provisions, Oil & Gas

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Federal District Court Dismisses Data Breach Class Action Complaint Against Scottrade

On July 12, 2016, the United States District Court for the Eastern District of Missouri granted Scottrade’s motion to dismiss a putative class action complaint that was predicated on the alleged theft of personal information…more

Actual Injuries, Class Action, Cyber Crimes, Data Breach, Dismissals

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Contact

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