King & Spalding

New Jersey Senate Passes Law Requiring Notice Prior To Installation Of Remote Car Disabling “Payment Assurance Devices”

On December 19, 2016, the New Jersey Senate passed a bill requiring auto lenders to provide notice prior to installing “payment assurance devices” that can remotely disable an owner’s vehicle for failure to make a payment…more

Auto Lease, Automotive Industry, Automotive Loans

See All Updates »

Employees Expecting Tax Refunds? So Are Your Hackers

With the beginning of the 2016 tax season, employers should be on high alert for the wave of W-2 spear phishing scams coming their way once again this year. Companies that fall victim to this type of scam likely will be faced…more

Data Protection, Hackers, IRS, Phishing Scams, Tax Refunds

See All Updates »

Establishment of the Parallel Market of the Saudi Stock Exchange

Background - On 21 December 2016, the Capital Market Authority of Saudi Arabia (the CMA) approved the Parallel Market Listing Rules (the Rules), thereby establishing the Parallel Market, an alternative market to the Main…more

Capital Markets Authority, Financial Adviser, Foreign Financial Institutions (FFI), Saudi Arabia, Saudi Stock Exchange

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 »

Saudi Arabia’s Vision 2030 – Securing PPP Value for Money and the Criticality of Monitoring and Root Cause Analyses

Introduction - Much of the PPP debate in Saudi Arabia has focussed on the importance of shifting the public sector expenditure burden to the private sector. Wherever this has been the sole focus of a PPP programme, the…more

Contractors, Infrastructure, Oil & Gas, Private Sector, Public Private Partnerships (P3s)

See All Updates »

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

See All Updates »

MEasure - Winter 2017

Amendments to Foreign Fund Private Placement Exemptions in the UAE - In August 2016, the Emirates Securities and Commodities Authority (SCA), the federal securities regulator of the United Arab Emirates (UAE), adopted new…more

Banking Sector, Debt, DIFC, Exemptions, Investment Funds

See All Updates »

HRSA Issues Final Rule on Calculation of 340B Ceiling Prices and Manufacturer Civil Monetary Penalties

Critical 340B Drug Discount Program Strictures Placed on Manufacturers as Obama Team Departs - On January 5, 2016, the Health Resources and Services Administration (“HRSA”) published in the Federal Register a final rule…more

Civil Monetary Penalty, Drug Pricing, HRSA, Pharmaceutical Industry, Section 340B

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

See All Updates »

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…more

Construction Project, Dispute Resolution, Japan

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 »

GOP Repeal and Replace Healthcare Bill Advances After Committee Votes

On March 8, 2017, the two House Committees responsible for healthcare policy related to the Affordable Care Act (ACA) held marathon-like deliberations to mark-up their respective portions of the Republicansponsored health reform…more

Affordable Care Act, Cadillac Tax, Employer Mandates, Health Insurance, Health Savings Accounts

See All Updates »

Draft GOP Affordable Care Act (ACA) Repeal and Replacement Leaked

On Friday, February 24, 2017, Politico released details of a leaked draft House GOP “repeal and replace” bill (Draft) aimed at dismantling key provisions of the ACA, including Medicaid expansion, the individual mandate,…more

Abortion, Affordable Care Act, Block Grants, Disproportionate Share Adjustments, Essential Health Benefits

See All Updates »

DOJ Challenges Illegal Antitrust “Gun Jumping” In Energy Transaction

The Department of Justice Antitrust Division recently brought a civil antitrust lawsuit against Duke Energy Corporation, alleging that the electric power generator engaged in illegal “gun jumping” by obtaining beneficial…more

Antitrust Provisions, Beneficial Owner, DOJ, Energy Sector, Gun-Jumping

See All Updates »

EU Commissioner - President Trump Set To Discuss Future Of Privacy Shield Accord

European Union (“EU”) Commissioner Vera Jourová will meet with U.S. President Donald Trump this month to discuss the future of the EU-U.S. Privacy Shield (“Privacy Shield”) accord which imposes obligations on U.S. companies on…more

Data Protection, EU, EU Data Protection Laws, EU-US Privacy Shield, Executive Orders

See All Updates »

Franchising of Restaurants in the Gulf Cooperation Council

A number of food and beverage groups (particularly restaurant groups) access the Gulf Cooperation Council (GCC) markets through franchising arrangements. With a young and fast-growing population (many of whom spent time studying…more

Franchise Agreements, Franchise Laws, Franchises, Gulf Cooperation Council (GCC), Saudi Arabia

See All Updates »

Tokyo Dispute Resolution & Crisis Management Newsletter – February 2017

Product Pricing and Antitrust Law in the United States - A recent US court action by a Japanese company in respect of a competitor’s volume discounts - Introduction - The current position in the US on the rules…more

Antitrust Provisions, Competition, Drug Pricing, Japan, Pharmaceutical Industry

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 »

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 »

The Beginning of the National Bioengineered Food Disclosure Standard

In our last issue of the International Food Law Gazette, we reported on the changing legal landscape for the labeling of genetically engineered (GE) foods (more commonly referred to as genetically modified organisms, or GMO). In…more

Agricultural Sector, Bioengineering, Food Manufacturers, Genetically Engineered Seed, GMO

See All Updates »

2017 Financial Industry Regulatory Priorities - OCIE and FINRA Announce Examination Areas of Focus

In early January, both the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) and FINRA announced their examination priorities for 2017. As in previous years, both the SEC and FINRA share many examination…more

Broker-Dealer, Examination Priorities, Financial Services Industry, FINRA, Investment Adviser

See All Updates »

U.S. Ammonium Sulfate Manufacturers Win Relief from Unfair Imports from China

On February 8, 2017, the U.S. International Trade Commission (ITC) determined that domestic producers of ammonium sulfate are materially injured or threatened with material injury by reason of imports from China. As a result,…more

Anti-Dumping Duty, China, Countervailing Duties, Imports, ITC

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 »

Second Circuit Clarifies Law on Enforcement of Foreign Arbitral Awards under the New York Convention

On January 18, 2017, the United States Court of Appeals for the Second Circuit (Second Circuit) issued its decision in CBF Indústría de Gusa S/A v. AMCI Holdings, Inc., a case considering important questions on the application…more

Arbitration, Arbitration Awards, Federal Arbitration Act, International Arbitration, New York Convention

See All Updates »

Trade & Manufacturing - News of Note - March 2017

President Trump’s Trade-Related Nominees Confirmed - Several nominees selected by President Trump for key positions that will participate in the development of U.S. trade policy during his administration have been confirmed…more

Congressional Nominations, ITC, Manufacturers, Trump Administration, US Trade Policies

See All Updates »

Second Circuit Clarifies Law on Enforcement of Foreign Arbitral Awards under the New York Convention

On January 18, 2017, the United States Court of Appeals for the Second Circuit (Second Circuit) issued its decision in CBF Indústría de Gusa S/A v. AMCI Holdings, Inc., a case considering important questions on the application…more

Arbitration, Arbitration Awards, Federal Arbitration Act, International Arbitration, New York Convention

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 »

(Teil)Entwarnung für SPV-Finanzierungen – BaFin veröffentlicht Auslegungshilfe zum Abschirmungsgesetz

Die Bundesanstalt für Finanzdienstleistungsaufsicht hat am 14. Dezember 2016 die lang erwartete Auslegungshilfe zum Abschirmungsgesetz veröffentlicht. Der hierzu im Dezember 2015 veröffentlichte Konsultationsentwurf hatte zuvor…more

Banks, Borrowers, Capital Requirements Regulation (CRR), Financial Services Industry, German Banking Act

See All Updates »

OIG Issues Final Rule Expanding Anti-Kickback Statute Safe Harbors and Revising Civil Monetary Penalty Regulations

On December 7, 2016, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published a final rule to amend the Anti-Kickback Statute (AKS or Statute) by adding new safe harbors. The Final Rule also…more

Ambulance Providers, Anti-Kickback Statute, Civil Monetary Penalty, Cost-Sharing, Deductibles

See All Updates »

Second Circuit Reverses District Court’s Marblegate Decision; Narrows Protections Provided to Bondholders Under Section 316(b) of Trust Indenture Act

The Trust Indenture Act of 1939 (the “TIA”) codifies a select set of requirements and prohibitions intended to protect perceived “sacred rights” of holders of public bond instruments. When the U.S. District Court for the…more

Bonds, Creditors, Financial Institutions, Section 316(b), Secured Debt

See All Updates »

District Court Upholds Bankruptcy Court’s Ruling on Rejection of Gathering Agreements

On March 10, 2017, the United States District Court for the Southern District of New York (the “Court”) affirmed on appeal a bankruptcy court’s prior decision in In re Sabine Oil & Gas Corp. that permitted a debtor to reject a…more

Bankruptcy Court, Debtors, Declaratory Judgments, Executory Contracts, Sabine Oil and Gas

See All Updates »

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President Trump’s…more

Federal Register, Made in the USA, Pipelines, Presidential Memorandum, Public Comment

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 »

FDA Defends Its First Amendment Position in “Memorandum”

On January 18, 2017, the Food and Drug Administration (FDA or the Agency) released for public comment a Memorandum, Public Health Interests and First Amendment Considerations Related to Manufacturer Communications Regarding…more

Draft Guidance, FDA, First Amendment, Off-Label Promotion, Pharmaceutical Industry

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 »

OIG Issues Final Rule Expanding Anti-Kickback Statute Safe Harbors and Revising Civil Monetary Penalty Regulations

On December 7, 2016, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published a final rule to amend the Anti-Kickback Statute (AKS or Statute) by adding new safe harbors. The Final Rule also…more

Ambulance Providers, Anti-Kickback Statute, Civil Monetary Penalty, Cost-Sharing, Deductibles

See All Updates »

Task Force Report and NIST Revisions Highlight Need for Increased Private-Sector Cybersecurity Efforts

New technologies enhance the capabilities and efficiency of the energy industry. But these technologies also bring increasing cyber risks to the industry, the economy, and national security. Recognizing that critical energy…more

Cyber Attacks, Cybersecurity, Energy Sector, NIST, Popular

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 »

ITC Solicits Public Comments On MTB Petitions - 45-Day Comment Period Open Until February 24, 2017

The U.S. International Trade Commission (“ITC”) is now accepting public comments on Miscellaneous Tariff Bill (“MTB”) petitions for duty suspensions and reductions that timely were filed with the agency by December 12, 2016,…more

American Manufacturing Competitiveness Act, ITC, Manufacturers, Manufacturing Facilities, Public Comment

See All Updates »

Healthcare Companies Call On Trump To Promote Value-Added Healthcare

Over 100 health care companies – including providers, insurers, biopharmaceutical companies, professional associations and consumer groups – joined to write the Trump administration to urge him to “continue focusing on…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Reform, Trump Administration

See All Updates »

Cigna Attempts to Cancel Merger with, and Sues, Anthem

On February 14, 2017, Cigna Corp. (Cigna) announced it would drop its $54 billion merger with Anthem, Inc. (Anthem) and filed an action against Anthem in the Delaware Chancery Court for a declaratory judgment that Cigna had…more

Anthem Insurance, CIGNA, Health Insurance, Mergers

See All Updates »

OIG Issues Final Rule Expanding Anti-Kickback Statute Safe Harbors and Revising Civil Monetary Penalty Regulations

On December 7, 2016, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published a final rule to amend the Anti-Kickback Statute (AKS or Statute) by adding new safe harbors. The Final Rule also…more

Ambulance Providers, Anti-Kickback Statute, Civil Monetary Penalty, Cost-Sharing, Deductibles

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 »

Loss of Foreign Fund Private Placement Exemptions in the UAE

In August 2016, the Emirates Securities and Commodities Authority (SCA), the federal securities regulator of the United Arab Emirates (UAE), adopted new investment funds regulations (the 2016 Fund Regulations), which repealed…more

Investment Funds, Private Placements, Reverse Solicitation, Securities and Commodities Authority (SCA), United Arab Emirates

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 »

Overview of REMIT for LNG Sellers to EU

With a robust demand for gas and a desire to reduce its reliance on Russian gas supplies, Europe is a market hotly pursued by liquefied natural gas (“LNG”) sellers and export project developers alike. Those seeking to sell to…more

Energy Sector, EU, Liquid Natural Gas, Oil & Gas, REMIT

See All Updates »

Cybersecurity And Financial Institutions: How New York’s “First-In-The-Nation” Data Security Regulations May Impact You

March 1, 2017 marked the implementation of New York’s cybersecurity regulations, subjecting covered financial institutions to arguably the most burdensome cybersecurity regime yet. The regulations, promulgated by the New York…more

CISO, Cybersecurity, Data Security, Deadlines, Financial Institutions

See All Updates »

Trade & Manufacturing - News of Note - March 2017

President Trump’s Trade-Related Nominees Confirmed - Several nominees selected by President Trump for key positions that will participate in the development of U.S. trade policy during his administration have been confirmed…more

Congressional Nominations, ITC, Manufacturers, Trump Administration, US Trade Policies

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 »

Draft GOP Affordable Care Act (ACA) Repeal and Replacement Leaked

On Friday, February 24, 2017, Politico released details of a leaked draft House GOP “repeal and replace” bill (Draft) aimed at dismantling key provisions of the ACA, including Medicaid expansion, the individual mandate,…more

Abortion, Affordable Care Act, Block Grants, Disproportionate Share Adjustments, Essential Health Benefits

See All Updates »

Chinese Nuclear Reactor Set for UK Generic Design Assessment

In a statement made to Parliament on 10 January 2017, Minister for the UK’s Department for Business, Energy and Industrial Strategy, Jesse Norman, confirmed that he had requested the UK’s nuclear regulators, the Office for…more

China, IAEA, Nuclear Power, UK

See All Updates »

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

See All Updates »

Global Investigations Review Conference Highlights the Future of Anti-Corruption Enforcement Recapping GIR Live DC

On February 16, 2017, Global Investigations Review (“GIR”) held its second annual GIR Live DC in Washington, D.C. With an emphasis on global anticorruption enforcement, the event featured a variety of experts in complex,…more

Anti-Bribery, Anti-Corruption, Confidential Information, DOJ, FCPA

See All Updates »

Fifth Circuit Upholds CMS’s Critical Access Hospital Guidelines

CMS’s definitions of “primary roads” and “secondary roads,” as used to determine what constitutes a critical access hospital, withstood another court challenge last week…more

CMS, Critical Access Hospitals, Health Care Providers, Hospitals, Medicare

See All Updates »

2017 Financial Industry Regulatory Priorities - OCIE and FINRA Announce Examination Areas of Focus

In early January, both the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) and FINRA announced their examination priorities for 2017. As in previous years, both the SEC and FINRA share many examination…more

Broker-Dealer, Examination Priorities, Financial Services Industry, FINRA, Investment Adviser

See All Updates »

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

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 »

Bipartisan State Cyber Resiliency Act Will Help Local Governments Defend Against And Recover From Cyber Attacks

On March 2, 2017 lawmakers in both the U.S. Senate and U.S. House of Representatives introduced the State Cyber Resiliency Act, which would give state, local, and tribal governments grants to boost cybersecurity protections. …more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Data Security

See All Updates »

GOP Repeal and Replace Healthcare Bill Advances After Committee Votes

On March 8, 2017, the two House Committees responsible for healthcare policy related to the Affordable Care Act (ACA) held marathon-like deliberations to mark-up their respective portions of the Republicansponsored health reform…more

Affordable Care Act, Cadillac Tax, Employer Mandates, Health Insurance, Health Savings Accounts

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 »

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

See All Updates »

2017 Financial Industry Regulatory Priorities - OCIE and FINRA Announce Examination Areas of Focus

In early January, both the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) and FINRA announced their examination priorities for 2017. As in previous years, both the SEC and FINRA share many examination…more

Broker-Dealer, Examination Priorities, Financial Services Industry, FINRA, Investment Adviser

See All Updates »

Southern District of New York holds that intercreditor agreement allows for payment of subordinated lender’s post-petition interest prior to repayment of the outstanding principal amount of senior debt

On January 27, 2017, the United States District Court for the Southern District of New York ruled that the subordinated creditor was entitled to payment of post-petition interest prior to repayment of the senior lender’s…more

Bankruptcy Code, Banks, Chapter 7, Credit Agreements, Debt

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 »

Briseno v. ConAgra Foods, Inc.: Ninth Circuit Rules That There Need Not Be An Administratively Feasible Way To Identify Class Members In GMO Natural Case

In Briseno v. ConAgra Foods, Inc., an opinion issued on January 3, 2017, the United States Court of Appeals for the Ninth Circuit held that Federal Rule of Civil Procedure 23 does not require plaintiffs challenging the labeling…more

All Natural, Class Action, Federal Rules of Civil Procedure, Food Labeling, GMO

See All Updates »

ITC Section 337 Update – March 2017

Commission Reverses ALJ’s Dismissal Of U.S. Steel’s False Designation Of Origin Claim And Sets Hearing On U.S. Steel’s Antitrust Claim In Certain Carbon Steel; U.S. Steel Withdraws Trade Secret Theft Claim – 2017 has produced a…more

Abstract Ideas, ALJ, Antitrust Litigation, Barack Obama, Cease and Desist Orders

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 »

Trade & Manufacturing - News of Note - March 2017

President Trump’s Trade-Related Nominees Confirmed - Several nominees selected by President Trump for key positions that will participate in the development of U.S. trade policy during his administration have been confirmed…more

Congressional Nominations, ITC, Manufacturers, Trump Administration, US Trade Policies

See All Updates »

Southern District of New York holds that intercreditor agreement allows for payment of subordinated lender’s post-petition interest prior to repayment of the outstanding principal amount of senior debt

On January 27, 2017, the United States District Court for the Southern District of New York ruled that the subordinated creditor was entitled to payment of post-petition interest prior to repayment of the senior lender’s…more

Bankruptcy Code, Banks, Chapter 7, Credit Agreements, Debt

See All Updates »

FDA Defends Its First Amendment Position in “Memorandum”

On January 18, 2017, the Food and Drug Administration (FDA or the Agency) released for public comment a Memorandum, Public Health Interests and First Amendment Considerations Related to Manufacturer Communications Regarding…more

Draft Guidance, FDA, First Amendment, Off-Label Promotion, Pharmaceutical Industry

See All Updates »

Task Force Report and NIST Revisions Highlight Need for Increased Private-Sector Cybersecurity Efforts

New technologies enhance the capabilities and efficiency of the energy industry. But these technologies also bring increasing cyber risks to the industry, the economy, and national security. Recognizing that critical energy…more

Cyber Attacks, Cybersecurity, Energy Sector, NIST, Popular

See All Updates »

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

See All Updates »

Wireless Carriers Warn FCC That Net Neutrality For Texts Will Increase Spam

The Federal Communications Commission (“FCC”) is weighing the benefits of protecting SMS text messaging under Title II of the Communications Act of 1934, often referred to as the Open Internet rules, versus continuing to protect…more

Communications Act of 1934, FCC, Net Neutrality, Text Messages, Title II

See All Updates »

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President Trump’s…more

Federal Register, Made in the USA, Pipelines, Presidential Memorandum, Public Comment

See All Updates »

Energy Newsletter - January 2017

LNG in Europe 2016/2017: An Overview of LNG Import Terminals in Europe - The increase in the supply of LNG to Europe in 2015 and the first half of 2016 was led by the UK and Italy, with other significant increases in Spain…more

CMS, Cybersecurity, Energy Sector, EPA, EU

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

See All Updates »

Federal Court Blocks Anthem - Cigna Merger; King & Spalding Looks Deeper into Aetna-Humana Challenge

On February 8, 2017, the United States District Court for the District of Columbia granted a request filed by the U.S. Department of Justice’s Antitrust Division for an injunction blocking Anthem, Inc.’s (Anthem) proposed $54…more

Acquisitions, Aetna, Anthem Insurance, Antitrust Division, CIGNA

See All Updates »

Investment Treaty Arbitration: How Multinationals Can Structure Their Investments to Obtain Treaty Protection

In a previous article, we explained how a U.S.-based company that had established a subsidiary abroad could benefit from protections against unfair conduct of a foreign State that are found in most bilateral investment treaties…more

Arbitration, Bilateral Investment Treaties, Foreign Subsidiaries, International Arbitration, Multinationals

See All Updates »

Brexit: UK Government Publishes EU Exit Plan - Official policy document outlines agenda on laws, workers’ rights, trade and free movement of people

The UK Government published its long-awaited official policy document on Brexit – the UK’s withdrawal from the European Union (EU) – on 2 February, 2017, which outlined many of its goals for the Brexit process. The…more

Corporate Counsel, EU, EU Single Market, Free Movement, Free Trade Agreements

See All Updates »

HHS States that Agency Will Not Be Able to Meet Deadline to Clear Medicare Appeals Backlog

In a status report filed on March 6, 2017, HHS revised projections regarding the Medicare appeals backlog, which make it unable to meet a court-imposed deadline to eliminate the backlog by 2020. The status report was filed in…more

American Hospital Association, HHS, Medicare, Physician Medicare Reimbursements, Summary Judgment

See All Updates »

Tax Reform Considerations for REITs

Various components of the tax reform proposals that have been put forth by the Congress as well as the President could have significant impacts on REITs. In 2016, the Republican leadership and Republicans on the House Committee…more

Corporate Taxes, Interest Rates, Like Kind Exchanges, REIT, Tax Reform

See All Updates »

From Obama to Trump – Sanctions Roundup

The Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury has issued several significant updates to various sanctions programs over the last several weeks. Beginning during President Barack Obama’s last…more

Executive Orders, Iran Sanctions, Obama Administration, OFAC, Sanctions

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 »

Meyers v. Nicolet Restaurant of De Pere, LLC: Seventh Circuit Rules Mere Failure to Truncate Credit Card Expiration Date Under FACTA Insufficient to Confer Article III Standing.

In Meyers v. Nicolet Restaurant of De Pere, LLC, an opinion issued on December 13, 2016, the United States Court of Appeals for the Seventh Circuit held that a proposed class action suit brought under the Fair and Accurate…more

Article III, Class Action, Debit and Credit Card Transactions, FACTA, Injury-in-Fact

See All Updates »

Fourth Circuit Declines to Review Issue of Statistical Sampling Use in FCA Case

On February 14, 2017, the U.S. Court of Appeals for the Fourth Circuit issued a long-awaited opinion in the case U.S. ex rel. Michaels v. Agape Senior Community, Inc. et al. (case number 15-2145 and 15-2147). In this FCA case,…more

False Billing, False Claims Act (FCA), Interlocutory Appeals, Relators, Statistical Sampling

See All Updates »

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

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

See All Updates »

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President Trump’s…more

Federal Register, Made in the USA, Pipelines, Presidential Memorandum, Public Comment

See All Updates »

DHS Designates Election Infrastructure As “Critical” Amid Cybersecurity Concerns

In a January 6, 2017 statement, Secretary of Homeland Security Jeh Johnson announced that election infrastructure in the United States has been designated “critical” and worthy of the Department of Homeland Security’s (“DHS”)…more

Critical Infrastructure Sectors, Cybersecurity, DHS, Infrastructure

See All Updates »

Timely Reminders to Avoid Inadvertent Tipping Liability

Just in time for the annual season of work holiday parties and family gatherings, the United States Supreme Court unanimously confirmed that leaking material non-public information to a close relative who then trades in…more

Confidential Information, Illegal Tipping, Insider Trading, Non-Public Information, Personal Benefit

See All Updates »

Restrictions on Advertising with Nutrition and Health Claims Apply to Both Communications Addressed to Consumers and to Communications Addressed to HCPs

The Court of Justice of the European Union (ECJ) held that the restrictions on promoting foodstuffs with nutrition and health claims not only apply to communications addressed to the general public but also to communications…more

Advertising, EU, European Court of Justice (ECJ), Food Manufacturers, Food Marketing

See All Updates »

UK Privacy Regulator Addresses Data Protection Under The GDPR

On Monday, March 6, 2017, the UK’s Information Commissioner’s Office (“ICO”) held its annual Data Protection Practitioners’ Conference. During the conference, Information Commissioner Elizabeth Denham, who was appointed to the…more

Data Protection, EU, General Data Protection Regulation (GDPR), ICO, Personal Data

See All Updates »

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

See All Updates »

United States And Switzerland Reach Data Transfer Agreement

On January 11, 2017, the governments of the United States and Switzerland announced that an agreement had been reached over a Privacy Shield Framework (“Privacy Shield”) that sets out how companies may transfer personal data…more

Data Protection, EU, EU-US Privacy Shield, International Data Transfers, Personal Data

See All Updates »

Second Circuit Reverses District Court’s Marblegate Decision; Narrows Protections Provided to Bondholders Under Section 316(b) of Trust Indenture Act

The Trust Indenture Act of 1939 (the “TIA”) codifies a select set of requirements and prohibitions intended to protect perceived “sacred rights” of holders of public bond instruments. When the U.S. District Court for the…more

Bonds, Creditors, Financial Institutions, Section 316(b), Secured Debt

See All Updates »

Timely Reminders to Avoid Inadvertent Tipping Liability

Just in time for the annual season of work holiday parties and family gatherings, the United States Supreme Court unanimously confirmed that leaking material non-public information to a close relative who then trades in…more

Confidential Information, Illegal Tipping, Insider Trading, Non-Public Information, Personal Benefit

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 »

EU-U.S. Privacy Shield: Assessing The New Regime

Businesses have now had four months to get to grips with the new EU-U.S. Privacy Shield for transatlantic data transfers after it came into force in August 2016. As the New Year looms, what are the emerging trends we have seen…more

Data Privacy, Data Protection Authority, EU, EU-US Privacy Shield, European Commission

See All Updates »

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

See All Updates »

FDA Issues Discussion Paper on LDTs

Following its recent announcement that it would not finalize its 2014 draft guidance on laboratory developed tests (“LDTs”), the U.S. Food and Drug Administration (“FDA”) issued a Discussion Paper on Laboratory Developed Tests…more

CLIA, CMS, Draft Guidance, FDA, Laboratory Developed Tests

See All Updates »

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

See All Updates »

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 »

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

See All Updates »

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

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 »

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

See All Updates »

Tokyo Dispute Resolution & Crisis Management Newsletter – December 2016

Major FCPA Enforcement Action - Including charges against the CEO and CFO for failing to prevent misconduct - In one of the largest FCPA settlements in history, hedge fund Och-Ziff Capital Management Group LLC…more

CEOs, Democratic Republic of Congo, Enforcement Actions, FCPA, Hedge Funds

See All Updates »

Top Five Issues for the LNG Industry in 2017

As low oil prices dragged on for another year, LNG sellers and developers continued to face hurdles in 2016. Unfortunately but not surprisingly, we witnessed more projects cancelled or put on hold, including LNG Canada and…more

Buyers, Exports, Liquid Natural Gas, Natural Gas, Oil & Gas

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 »

2017 Financial Industry Regulatory Priorities - OCIE and FINRA Announce Examination Areas of Focus

In early January, both the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) and FINRA announced their examination priorities for 2017. As in previous years, both the SEC and FINRA share many examination…more

Broker-Dealer, Examination Priorities, Financial Services Industry, FINRA, Investment Adviser

See All Updates »

Franchising of Restaurants in the Gulf Cooperation Council

A number of food and beverage groups (particularly restaurant groups) access the Gulf Cooperation Council (GCC) markets through franchising arrangements. With a young and fast-growing population (many of whom spent time studying…more

Franchise Agreements, Franchise Laws, Franchises, Gulf Cooperation Council (GCC), Saudi Arabia

See All Updates »

Timely Reminders to Avoid Inadvertent Tipping Liability

Just in time for the annual season of work holiday parties and family gatherings, the United States Supreme Court unanimously confirmed that leaking material non-public information to a close relative who then trades in…more

Confidential Information, Illegal Tipping, Insider Trading, Non-Public Information, Personal Benefit

See All Updates »

Judge Denies HHS’s Request to Rescind Timeline to Eliminate the Medicare Appeals Backlog

On January 4, 2017, the court in the American Hospital Association (AHA) v. Burwell litigation denied HHS’s motion to reconsider, which means that HHS must comply with the court’s timeline to eliminate the Medicare appeals…more

American Hospital Association, Appeals, HHS, Hospitals, Medicare

See All Updates »

2017 Financial Industry Regulatory Priorities - OCIE and FINRA Announce Examination Areas of Focus

In early January, both the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) and FINRA announced their examination priorities for 2017. As in previous years, both the SEC and FINRA share many examination…more

Broker-Dealer, Examination Priorities, Financial Services Industry, FINRA, Investment Adviser

See All Updates »

Tax Reform Considerations for REITs

Various components of the tax reform proposals that have been put forth by the Congress as well as the President could have significant impacts on REITs. In 2016, the Republican leadership and Republicans on the House Committee…more

Corporate Taxes, Interest Rates, Like Kind Exchanges, REIT, Tax Reform

See All Updates »

New Obama Administration Employment-based Visa Rule and Trump's Plan to Target Visa Abuse Create Uncertainty For Employers

President-elect Trump made enforcement of immigration laws a centerpiece of his campaign. On November 21, 2016, Mr. Trump stated that he will make investigation of abuses in “visa programs that undercut the American worker” a…more

DHS, DOL, Enforcement, H-1B, Presidential Elections

See All Updates »

Tokyo Dispute Resolution & Crisis Management Newsletter – September 2016

A Sleeping Sword – Protection for Japanese Corporations Investing Outside of Japan - A Guide to International Investment Agreements - Introduction - Over the past twenty years, International Investment…more

Bilateral Investment Treaties, Foreign Investment, Free Trade Agreements, Investment Companies, Investor State Dispute Settlement (ISDS)

See All Updates »

Uptick In Coordinated U.S.-Brazil Anti-Corruption Enforcement

As companies expand across borders and invest more heavily abroad, foreign enforcement authorities are following the example set by the U.S. Department of Justice and the U.S. Securities and Exchange Commission in directing…more

Anti-Corruption, Enforcement Authority, FCPA, Multi-Jurisdictional Litigation, Odebrecht

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, Enforcement, NAFTA

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 »

Southern District of New York holds that intercreditor agreement allows for payment of subordinated lender’s post-petition interest prior to repayment of the outstanding principal amount of senior debt

On January 27, 2017, the United States District Court for the Southern District of New York ruled that the subordinated creditor was entitled to payment of post-petition interest prior to repayment of the senior lender’s…more

Bankruptcy Code, Banks, Chapter 7, Credit Agreements, Debt

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 »

Establishment of the Parallel Market of the Saudi Stock Exchange

Background - On 21 December 2016, the Capital Market Authority of Saudi Arabia (the CMA) approved the Parallel Market Listing Rules (the Rules), thereby establishing the Parallel Market, an alternative market to the Main…more

Capital Markets Authority, Financial Adviser, Foreign Financial Institutions (FFI), Saudi Arabia, Saudi Stock Exchange

See All Updates »

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

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 »

GOP Repeal and Replace Healthcare Bill Advances After Committee Votes

On March 8, 2017, the two House Committees responsible for healthcare policy related to the Affordable Care Act (ACA) held marathon-like deliberations to mark-up their respective portions of the Republicansponsored health reform…more

Affordable Care Act, Cadillac Tax, Employer Mandates, Health Insurance, Health Savings Accounts

See All Updates »

TC Heartland v. Kraft: Awaiting a 2017 Supreme Court Decision with Potentially Significant Implications for Patent Litigation

Patent litigation continues to be concentrated in a small number of venues. Of the 4530 patent cases filed in 2016, for example, patentees chose the Eastern District of Texas more than one third of the time (1661 cases). In…more

Certiorari, Corporate Liability, Forum Shopping, Patent Infringement, Patent Litigation

See All Updates »

(Teil)Entwarnung für SPV-Finanzierungen – BaFin veröffentlicht Auslegungshilfe zum Abschirmungsgesetz

Die Bundesanstalt für Finanzdienstleistungsaufsicht hat am 14. Dezember 2016 die lang erwartete Auslegungshilfe zum Abschirmungsgesetz veröffentlicht. Der hierzu im Dezember 2015 veröffentlichte Konsultationsentwurf hatte zuvor…more

Banks, Borrowers, Capital Requirements Regulation (CRR), Financial Services Industry, German Banking Act

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 »

GOP Repeal and Replace Healthcare Bill Advances After Committee Votes

On March 8, 2017, the two House Committees responsible for healthcare policy related to the Affordable Care Act (ACA) held marathon-like deliberations to mark-up their respective portions of the Republicansponsored health reform…more

Affordable Care Act, Cadillac Tax, Employer Mandates, Health Insurance, Health Savings Accounts

See All Updates »

2017 Financial Industry Regulatory Priorities - OCIE and FINRA Announce Examination Areas of Focus

In early January, both the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) and FINRA announced their examination priorities for 2017. As in previous years, both the SEC and FINRA share many examination…more

Broker-Dealer, Examination Priorities, Financial Services Industry, FINRA, Investment Adviser

See All Updates »

Restrictions on Advertising with Nutrition and Health Claims Apply to Both Communications Addressed to Consumers and to Communications Addressed to HCPs

The Court of Justice of the European Union (ECJ) held that the restrictions on promoting foodstuffs with nutrition and health claims not only apply to communications addressed to the general public but also to communications…more

Advertising, EU, European Court of Justice (ECJ), Food Manufacturers, Food Marketing

See All Updates »

Brexit: UK Government Publishes EU Exit Plan - Official policy document outlines agenda on laws, workers’ rights, trade and free movement of people

The UK Government published its long-awaited official policy document on Brexit – the UK’s withdrawal from the European Union (EU) – on 2 February, 2017, which outlined many of its goals for the Brexit process. The…more

Corporate Counsel, EU, EU Single Market, Free Movement, Free Trade Agreements

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 »

2017 Financial Industry Regulatory Priorities - OCIE and FINRA Announce Examination Areas of Focus

In early January, both the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) and FINRA announced their examination priorities for 2017. As in previous years, both the SEC and FINRA share many examination…more

Broker-Dealer, Examination Priorities, Financial Services Industry, FINRA, Investment Adviser

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 »

Building a Favorable Project Record During Construction Disputes

The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are available to provide first-hand accounts—which often is challenging…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Project, General Contractors

See All Updates »

DOJ Issues New Corporate Compliance Guidelines; Document Outlines Criteria for the Criminal Division’s Evaluation of Corporate Compliance Programs

Recently, and without the fanfare that often accompanies new policy guidance regarding corporate fraud, the Fraud Section of the Department of Justice posted a document on its website entitled “Evaluation of Corporate Compliance…more

Acquisitions, Compliance, Corporate Fraud, DOJ, FCPA

See All Updates »

Saudi Arabia’s Vision 2030 – Securing PPP Value for Money and the Criticality of Monitoring and Root Cause Analyses

Introduction - Much of the PPP debate in Saudi Arabia has focussed on the importance of shifting the public sector expenditure burden to the private sector. Wherever this has been the sole focus of a PPP programme, the…more

Contractors, Infrastructure, Oil & Gas, Private Sector, Public Private Partnerships (P3s)

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 »

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2017

Managing Risks in Acquisitions from Financially Challenged Sellers in the Resources & Energy Sector - Low Commodity Prices - After a decade long boom in the resources and energy sector, prices across almost all…more

Acquisitions, Due Diligence, Energy Sector, Escrow Accounts, Insolvency

See All Updates »

HHS OIG Issues Final Regulation Addressing Exclusion Authority

On January 12, 2017, the HHS OIG issued its final rule amending regulations relating to its authority under the Affordable Care Act (ACA) to exclude individuals and entities from participation in federal healthcare programs…more

Affordable Care Act, False Claims Act (FCA), Healthcare, HHS, OIG

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 »

HRSA Issues Final Rule on Calculation of 340B Ceiling Prices and Manufacturer Civil Monetary Penalties

Critical 340B Drug Discount Program Strictures Placed on Manufacturers as Obama Team Departs - On January 5, 2016, the Health Resources and Services Administration (“HRSA”) published in the Federal Register a final rule…more

Civil Monetary Penalty, Drug Pricing, HRSA, Pharmaceutical Industry, Section 340B

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 »

Trade & Manufacturing - News of Note - February 2017

Commerce Extends Steel Import Monitoring and Analysis System - On January 5, the Department of Commerce (Commerce) announced the extension of the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022. The…more

AGOA, Canada, Competition, Data Reporting, Duty Free

See All Updates »

HHS Issues Final Rule that Substantially Revises the Federal Policy for the Protection of Human Subjects

On January 19, 2017, the Department of Health and Human Services (HHS) and fifteen other Federal departments and agencies published a final rule that extensively revises and modernizes the Federal Policy for the Protection of…more

21st Century Cures Act, FDA, Final Rules, HHS, Informed Consent

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

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 »

HHS Issues Final Rule that Substantially Revises the Federal Policy for the Protection of Human Subjects

On January 19, 2017, the Department of Health and Human Services (HHS) and fifteen other Federal departments and agencies published a final rule that extensively revises and modernizes the Federal Policy for the Protection of…more

21st Century Cures Act, FDA, Final Rules, HHS, Informed Consent

See All Updates »

Trade & Manufacturing - News of Note - February 2017

Commerce Extends Steel Import Monitoring and Analysis System - On January 5, the Department of Commerce (Commerce) announced the extension of the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022. The…more

AGOA, Canada, Competition, Data Reporting, Duty Free

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 »

New Obama Administration Employment-based Visa Rule and Trump's Plan to Target Visa Abuse Create Uncertainty For Employers

President-elect Trump made enforcement of immigration laws a centerpiece of his campaign. On November 21, 2016, Mr. Trump stated that he will make investigation of abuses in “visa programs that undercut the American worker” a…more

DHS, DOL, Enforcement, H-1B, Presidential Elections

See All Updates »

The Viability of the “Primary Jurisdiction Doctrine” Defense and Other Ways to Stem the Tide of Food & Beverage Class Actions

As our readers are well aware, in the past decade, food and beverage manufacturers have faced an unrelenting onslaught of putative class actions challenging allegedly false or misleading labels. In the January 2016 issue, we…more

All Natural, Beverage Manufacturers, Chobani Inc, Class Action, Corporate Counsel

See All Updates »

Ninth Circuit Rules Lease Damages Cap Does Not Apply to Damages Independent of Termination

On December 29, 2016, the U.S. Court of Appeals for the Ninth Circuit (the “Court”) issued an opinion, holding that the statutory cap on a landlord’s damages claim in a bankruptcy case applies only to claims resulting directly…more

Appeals, Arbitration, Arbitration Awards, Attorney's Fees, Bankruptcy Court

See All Updates »

Outer Continental Shelf Leasing: BOEM Withdraws Controversial Sole Liability Orders

On February 17, 2017, the Bureau of Ocean Energy Management (“BOEM”), which manages oil and gas leasing in the Outer Continental Shelf, announced that it is withdrawing previously-issued orders to sole liability property owners…more

BOEM, Commercial Leases, Leases, Oil & Gas, Outer Continental Shelf

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 Substantially Revises the Federal Policy for the Protection of Human Subjects

On January 19, 2017, the Department of Health and Human Services (HHS) and fifteen other Federal departments and agencies published a final rule that extensively revises and modernizes the Federal Policy for the Protection of…more

21st Century Cures Act, FDA, Final Rules, HHS, Informed Consent

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 »

Seventh Republican Proposal to Replace the Affordable Care Act Is Introduced, “Patient Freedom Act of 2017”

On January 23, 2017, Senate Republicans Bill Cassidy, M.D. (LA), Susan Collins (ME), Shelley Moore Capito (WV) and Johnny Isakson (GA) introduced the legislative text for the Patient Freedom Act of 2017, a proposed replacement…more

Affordable Care Act, Health Insurance, Healthcare Reform, Medicaid, Medicare

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 »

Task Force Report and NIST Revisions Highlight Need for Increased Private-Sector Cybersecurity Efforts

New technologies enhance the capabilities and efficiency of the energy industry. But these technologies also bring increasing cyber risks to the industry, the economy, and national security. Recognizing that critical energy…more

Cyber Attacks, Cybersecurity, Energy Sector, NIST, Popular

See All Updates »

Energy Newsletter - January 2017

LNG in Europe 2016/2017: An Overview of LNG Import Terminals in Europe - The increase in the supply of LNG to Europe in 2015 and the first half of 2016 was led by the UK and Italy, with other significant increases in Spain…more

CMS, Cybersecurity, Energy Sector, EPA, EU

See All Updates »

CMS Reminds Providers to Identify Off-Campus Provider-Based Departments on Enrollment Forms

In connection with CMS’s implementation of Section 603 of the Bipartisan Budget Act of 2015 (BBA15), which directs CMS to no longer pay hospitals the full OPPS rate for services furnished in non-excepted off-campus…more

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

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 »

Uptick In Coordinated U.S.-Brazil Anti-Corruption Enforcement

As companies expand across borders and invest more heavily abroad, foreign enforcement authorities are following the example set by the U.S. Department of Justice and the U.S. Securities and Exchange Commission in directing…more

Anti-Corruption, Enforcement Authority, FCPA, Multi-Jurisdictional Litigation, Odebrecht

See All Updates »

DOJ Challenges Illegal Antitrust “Gun Jumping” In Energy Transaction

The Department of Justice Antitrust Division recently brought a civil antitrust lawsuit against Duke Energy Corporation, alleging that the electric power generator engaged in illegal “gun jumping” by obtaining beneficial…more

Antitrust Provisions, Beneficial Owner, DOJ, Energy Sector, Gun-Jumping

See All Updates »

Russia Supreme Court Rules On Phone Recordings

In a December 6, 2016 ruling [No. 35-KG16-18], the Supreme Court of Russia confirmed that secret recordings of telephone conversations can be admissible evidence in certain circumstances, changing a long-standing position…more

Admissible Evidence, Audio Recording, Privacy Rule, Russia, Supreme Court of the Russian Federation

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 Defends Its First Amendment Position in “Memorandum”

On January 18, 2017, the Food and Drug Administration (FDA or the Agency) released for public comment a Memorandum, Public Health Interests and First Amendment Considerations Related to Manufacturer Communications Regarding…more

Draft Guidance, FDA, First Amendment, Off-Label Promotion, Pharmaceutical Industry

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 »

EU-U.S. Privacy Shield: Assessing The New Regime

Businesses have now had four months to get to grips with the new EU-U.S. Privacy Shield for transatlantic data transfers after it came into force in August 2016. As the New Year looms, what are the emerging trends we have seen…more

Data Privacy, Data Protection Authority, EU, EU-US Privacy Shield, European Commission

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 »

Top Five Issues for the LNG Industry in 2017

As low oil prices dragged on for another year, LNG sellers and developers continued to face hurdles in 2016. Unfortunately but not surprisingly, we witnessed more projects cancelled or put on hold, including LNG Canada and…more

Buyers, Exports, Liquid Natural Gas, Natural Gas, Oil & Gas

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 »

Tokyo Dispute Resolution & Crisis Management Newsletter – December 2016

Major FCPA Enforcement Action - Including charges against the CEO and CFO for failing to prevent misconduct - In one of the largest FCPA settlements in history, hedge fund Och-Ziff Capital Management Group LLC…more

CEOs, Democratic Republic of Congo, Enforcement Actions, FCPA, Hedge Funds

See All Updates »

Meyers v. Nicolet Restaurant of De Pere, LLC: Seventh Circuit Rules Mere Failure to Truncate Credit Card Expiration Date Under FACTA Insufficient to Confer Article III Standing.

In Meyers v. Nicolet Restaurant of De Pere, LLC, an opinion issued on December 13, 2016, the United States Court of Appeals for the Seventh Circuit held that a proposed class action suit brought under the Fair and Accurate…more

Article III, Class Action, Debit and Credit Card Transactions, FACTA, Injury-in-Fact

See All Updates »

Loss of Foreign Fund Private Placement Exemptions in the UAE

In August 2016, the Emirates Securities and Commodities Authority (SCA), the federal securities regulator of the United Arab Emirates (UAE), adopted new investment funds regulations (the 2016 Fund Regulations), which repealed…more

Investment Funds, Private Placements, Reverse Solicitation, Securities and Commodities Authority (SCA), United Arab Emirates

See All Updates »

Task Force Report and NIST Revisions Highlight Need for Increased Private-Sector Cybersecurity Efforts

New technologies enhance the capabilities and efficiency of the energy industry. But these technologies also bring increasing cyber risks to the industry, the economy, and national security. Recognizing that critical energy…more

Cyber Attacks, Cybersecurity, Energy Sector, NIST, Popular

See All Updates »

The Beginning of the National Bioengineered Food Disclosure Standard

In our last issue of the International Food Law Gazette, we reported on the changing legal landscape for the labeling of genetically engineered (GE) foods (more commonly referred to as genetically modified organisms, or GMO). In…more

Agricultural Sector, Bioengineering, Food Manufacturers, Genetically Engineered Seed, GMO

See All Updates »

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President Trump’s…more

Federal Register, Made in the USA, Pipelines, Presidential Memorandum, Public Comment

See All Updates »

Supreme Court Denies Petition for Writ of Certiorari Over Sino Legend’s Trade Secret Theft Challenge

On January 9, 2017, the Supreme Court denied the petition for writ of certiorari submitted by Sino Legend Chemical Co., Ltd. (Sino) in litigation stemming from SI Group, Inc.’s (SI) Section 337 complaint. In a Section 337…more

ALJ, Copyright, ITC, Misappropriation, Patent Infringement

See All Updates »

OIG Report Examines Minimum Loss Ratio Impact on South Carolina Medicaid Managed Care

OIG recently issued a report determining that South Carolina’s Medicaid Managed Care program would not have realized any savings if the state agency implemented a minimum Medical Loss Ratio (MLR) similar to the current Federal…more

Affordable Care Act, Health Care Providers, Healthcare Reform, MCOs, Medicaid

See All Updates »

TC Heartland v. Kraft: Awaiting a 2017 Supreme Court Decision with Potentially Significant Implications for Patent Litigation

Patent litigation continues to be concentrated in a small number of venues. Of the 4530 patent cases filed in 2016, for example, patentees chose the Eastern District of Texas more than one third of the time (1661 cases). In…more

Certiorari, Corporate Liability, Forum Shopping, Patent Infringement, Patent Litigation

See All Updates »

Second Circuit Reverses District Court’s Marblegate Decision; Narrows Protections Provided to Bondholders Under Section 316(b) of Trust Indenture Act

The Trust Indenture Act of 1939 (the “TIA”) codifies a select set of requirements and prohibitions intended to protect perceived “sacred rights” of holders of public bond instruments. When the U.S. District Court for the…more

Bonds, Creditors, Financial Institutions, Section 316(b), Secured Debt

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

See All Updates »

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 »

Eleventh Circuit Confirms that Issuers are not Required to Disclose Retention of Outside Promotional Firms

On December 15, 2016, the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of a securities class action against Galectin Therapeutics Inc., a Georgia-based biotechnology company. The suit alleged…more

Disclosure Requirements, Financial Markets, Pharmaceutical Industry, Public Offerings, Publicly-Traded Companies

See All Updates »

Saudi Arabia unveils new US$50 billion water desalination programme - The Kingdom to offer privatisations as well as new water desalination project contracts

The Ministry of Environment, Water and Agriculture of Saudi Arabia has announced a new water desalination programme involving private sector participation worth over an estimated US$50 billion. The programme will be split…more

Desalination, Private Sector, Public Private Partnerships (P3s), Saudi Arabia, Water

See All Updates »

HRSA Issues Final Rule on Calculation of 340B Ceiling Prices and Manufacturer Civil Monetary Penalties

Critical 340B Drug Discount Program Strictures Placed on Manufacturers as Obama Team Departs - On January 5, 2016, the Health Resources and Services Administration (“HRSA”) published in the Federal Register a final rule…more

Civil Monetary Penalty, Drug Pricing, HRSA, Pharmaceutical Industry, Section 340B

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

See All Updates »

EU-U.S. Privacy Shield: Assessing The New Regime

Businesses have now had four months to get to grips with the new EU-U.S. Privacy Shield for transatlantic data transfers after it came into force in August 2016. As the New Year looms, what are the emerging trends we have seen…more

Data Privacy, Data Protection Authority, EU, EU-US Privacy Shield, European Commission

See All Updates »

Uptick In Coordinated U.S.-Brazil Anti-Corruption Enforcement

As companies expand across borders and invest more heavily abroad, foreign enforcement authorities are following the example set by the U.S. Department of Justice and the U.S. Securities and Exchange Commission in directing…more

Anti-Corruption, Enforcement Authority, FCPA, Multi-Jurisdictional Litigation, Odebrecht

See All Updates »

Building a Favorable Project Record During Construction Disputes

The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are available to provide first-hand accounts—which often is challenging…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Project, General Contractors

See All Updates »

HRSA Withdraws 340B Program “Mega Guidance” from OMB Review

On January 30, 2017, the Health Resources and Services Administration (HRSA) withdrew its 340B Program Omnibus Guidelines (Guidelines) from regulatory review by the Office of Management and Budget (OMB). HRSA published the…more

HHS, HRSA, Omnibus Guidance, Proposed Rules, Section 340B

See All Updates »

Eleventh Circuit Confirms that Issuers are not Required to Disclose Retention of Outside Promotional Firms

On December 15, 2016, the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of a securities class action against Galectin Therapeutics Inc., a Georgia-based biotechnology company. The suit alleged…more

Disclosure Requirements, Financial Markets, Pharmaceutical Industry, Public Offerings, Publicly-Traded Companies

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 »

Brexit: UK Government Publishes EU Exit Plan - Official policy document outlines agenda on laws, workers’ rights, trade and free movement of people

The UK Government published its long-awaited official policy document on Brexit – the UK’s withdrawal from the European Union (EU) – on 2 February, 2017, which outlined many of its goals for the Brexit process. The…more

Corporate Counsel, EU, EU Single Market, Free Movement, Free Trade Agreements

See All Updates »

Brexit: UK Government Publishes EU Exit Plan - Official policy document outlines agenda on laws, workers’ rights, trade and free movement of people

The UK Government published its long-awaited official policy document on Brexit – the UK’s withdrawal from the European Union (EU) – on 2 February, 2017, which outlined many of its goals for the Brexit process. The…more

Corporate Counsel, EU, EU Single Market, Free Movement, Free Trade Agreements

See All Updates »

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

See All Updates »

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

See All Updates »

AshleyMadison.com Operators Settle With FTC And States For $1.66 Million

On December 14, 2016, the Federal Trade Commission (the “FTC”) announced that ruby Corp., ruby Life Inc., and ADL Media Inc. (the “Defendants”) agreed to a settlement with the FTC, 13 states, and the District of Columbia. The…more

Ashley Madison, Data Breach, FTC, Personally Identifiable Information, Websites

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 »

House Legislation Purports To Require Warrants For All Email

On February 6, 2017, the U.S. House of Representatives unanimously passed the Email Privacy Act (the “Act”), co-sponsored by Representatives Kevin Yoder (R-KS) and Jared Polis (D-CO), which would require law enforcement to…more

Data Privacy, Email, Email Privacy Act, Fourth Amendment, Stored Communications Act

See All Updates »

FDA Defends Its First Amendment Position in “Memorandum”

On January 18, 2017, the Food and Drug Administration (FDA or the Agency) released for public comment a Memorandum, Public Health Interests and First Amendment Considerations Related to Manufacturer Communications Regarding…more

Draft Guidance, FDA, First Amendment, Off-Label Promotion, Pharmaceutical Industry

See All Updates »

PHMSA Increases Pipeline Safety Requirements

On January 23, 2017, the Pipeline and Hazardous Material Safety Administration (“PHMSA”) issued several revisions to its pipeline safety regulations, focusing in particular on reporting requirements for incident response. PHMSA…more

Incident Response Plans, PHMSA, Pipelines, Reporting Requirements, Safety Precautions

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 »

Global Investigations Review Conference Highlights the Future of Anti-Corruption Enforcement Recapping GIR Live DC

On February 16, 2017, Global Investigations Review (“GIR”) held its second annual GIR Live DC in Washington, D.C. With an emphasis on global anticorruption enforcement, the event featured a variety of experts in complex,…more

Anti-Bribery, Anti-Corruption, Confidential Information, DOJ, FCPA

See All Updates »

FDA Issues Discussion Paper on LDTs

Following its recent announcement that it would not finalize its 2014 draft guidance on laboratory developed tests (“LDTs”), the U.S. Food and Drug Administration (“FDA”) issued a Discussion Paper on Laboratory Developed Tests…more

CLIA, CMS, Draft Guidance, FDA, Laboratory Developed Tests

See All Updates »

District Court Upholds Bankruptcy Court’s Ruling on Rejection of Gathering Agreements

On March 10, 2017, the United States District Court for the Southern District of New York (the “Court”) affirmed on appeal a bankruptcy court’s prior decision in In re Sabine Oil & Gas Corp. that permitted a debtor to reject a…more

Bankruptcy Court, Debtors, Declaratory Judgments, Executory Contracts, Sabine Oil and Gas

See All Updates »

EU-U.S. Privacy Shield: Assessing The New Regime

Businesses have now had four months to get to grips with the new EU-U.S. Privacy Shield for transatlantic data transfers after it came into force in August 2016. As the New Year looms, what are the emerging trends we have seen…more

Data Privacy, Data Protection Authority, EU, EU-US Privacy Shield, European Commission

See All Updates »

Fourth Circuit Declines to Review Issue of Statistical Sampling Use in FCA Case

On February 14, 2017, the U.S. Court of Appeals for the Fourth Circuit issued a long-awaited opinion in the case U.S. ex rel. Michaels v. Agape Senior Community, Inc. et al. (case number 15-2145 and 15-2147). In this FCA case,…more

False Billing, False Claims Act (FCA), Interlocutory Appeals, Relators, Statistical Sampling

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 Clarifies the Application Processes for the Mid-Build Exception under the 21st Century Cures Act and for Relocation Exception Requests under the CY 2017 OPPS Final Rule

CMS has issued guidance documents addressing how hospitals can (1) qualify an off-campus provider-based department (PBD) for the “mid-build” exception set forth in the 21st Century Cures Act and (2) request from their CMS…more

21st Century Cures Act, Bipartisan Budget Act, CMS, Hospitals, Off-Campus Departments

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 »

Tax Reform Considerations for REITs

Various components of the tax reform proposals that have been put forth by the Congress as well as the President could have significant impacts on REITs. In 2016, the Republican leadership and Republicans on the House Committee…more

Corporate Taxes, Interest Rates, Like Kind Exchanges, REIT, Tax Reform

See All Updates »

Second Circuit Reverses District Court’s Marblegate Decision; Narrows Protections Provided to Bondholders Under Section 316(b) of Trust Indenture Act

The Trust Indenture Act of 1939 (the “TIA”) codifies a select set of requirements and prohibitions intended to protect perceived “sacred rights” of holders of public bond instruments. When the U.S. District Court for the…more

Bonds, Creditors, Financial Institutions, Section 316(b), Secured Debt

See All Updates »

FCC Votes To Block Its Own Privacy Rule

New Federal Communications Commission (“FCC”) Chairman Ajit Pai signaled last week that he is planning to take the first step to return authority over broadband providers’ privacy and data security practices to the Federal Trade…more

Broadband, Data Security, FCC, FTC, Internet Service Providers (ISPs)

See All Updates »

FDA Defends Its First Amendment Position in “Memorandum”

On January 18, 2017, the Food and Drug Administration (FDA or the Agency) released for public comment a Memorandum, Public Health Interests and First Amendment Considerations Related to Manufacturer Communications Regarding…more

Draft Guidance, FDA, First Amendment, Off-Label Promotion, Pharmaceutical Industry

See All Updates »

New Obama Administration Employment-based Visa Rule and Trump's Plan to Target Visa Abuse Create Uncertainty For Employers

President-elect Trump made enforcement of immigration laws a centerpiece of his campaign. On November 21, 2016, Mr. Trump stated that he will make investigation of abuses in “visa programs that undercut the American worker” a…more

DHS, DOL, Enforcement, H-1B, Presidential Elections

See All Updates »

FDA Issues Discussion Paper on LDTs

Following its recent announcement that it would not finalize its 2014 draft guidance on laboratory developed tests (“LDTs”), the U.S. Food and Drug Administration (“FDA”) issued a Discussion Paper on Laboratory Developed Tests…more

CLIA, CMS, Draft Guidance, FDA, Laboratory Developed Tests

See All Updates »

New York Department of Financial Services Intensifies AML Enforcement Under New Superintendent

Superintendent of New York State Department of Financial Services (“NYDFS”), Maria T. Vullo, has focused the Department’s efforts on enforcement of New York’s Anti-Money Laundering (“AML”) laws. Since her confirmation on June…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, Banks, BSA/AML

See All Updates »

Proposed Rule Would Mandate Vehicle-To-Vehicle Communication On Light Vehicles

The U.S. Department of Transportation (“DOT”) issued a proposed rule on Tuesday, December 13, 2016, that would advance the deployment of connected vehicle technologies throughout the U.S. light vehicle fleet. The aim of the new…more

Advanced Notice of Proposed Rulemaking (ANPRM), Department of Transportation (DOT), Motor Vehicles, NHTSA, Proposed Rules

See All Updates »

HRSA Issues Final Rule on Calculation of 340B Ceiling Prices and Manufacturer Civil Monetary Penalties

Critical 340B Drug Discount Program Strictures Placed on Manufacturers as Obama Team Departs - On January 5, 2016, the Health Resources and Services Administration (“HRSA”) published in the Federal Register a final rule…more

Civil Monetary Penalty, Drug Pricing, HRSA, Pharmaceutical Industry, Section 340B

See All Updates »

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

See All Updates »

Uptick In Coordinated U.S.-Brazil Anti-Corruption Enforcement

As companies expand across borders and invest more heavily abroad, foreign enforcement authorities are following the example set by the U.S. Department of Justice and the U.S. Securities and Exchange Commission in directing…more

Anti-Corruption, Enforcement Authority, FCPA, Multi-Jurisdictional Litigation, Odebrecht

See All Updates »

Trade & Manufacturing - News of Note - January 2017

Customs and Border Protection Issues Update On Enforcement Of Trade Orders - U.S. Customs and Border Protection (CBP) released its AD/CVD Update for June/July 2016. As explained in the January 2015 and the August 2016…more

Anti-Dumping Duty, Canada, China, Countervailing Duties, Customs and Border Protection

See All Updates »

Government Accountability Office Issues Report On Department Of Homeland Security’s National Cybersecurity And Communications Integration Center

On February 1, 2017, the United States Government Accountability Office (“GAO”) published a report assessing the performance and effectiveness of the National Cybersecurity and Communications Integration Center (“NCCIC”) of the…more

Cybersecurity, Cybersecurity Act of 2015, DHS, GAO, NCCIC

See All Updates »

Republican Governors Propose New Funding Model Keeping Medicaid Expansion

In an effort to align State leaders on Medicaid expansion, a group of Republican governors have drafted a proposal, available here, to allow States to obtain additional Medicaid expansion funding, even if those States did not…more

Affordable Care Act, Funding, Medicaid Expansion

See All Updates »

Meyers v. Nicolet Restaurant of De Pere, LLC: Seventh Circuit Rules Mere Failure to Truncate Credit Card Expiration Date Under FACTA Insufficient to Confer Article III Standing.

In Meyers v. Nicolet Restaurant of De Pere, LLC, an opinion issued on December 13, 2016, the United States Court of Appeals for the Seventh Circuit held that a proposed class action suit brought under the Fair and Accurate…more

Article III, Class Action, Debit and Credit Card Transactions, FACTA, Injury-in-Fact

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 »

Eleventh Circuit Confirms that Issuers are not Required to Disclose Retention of Outside Promotional Firms

On December 15, 2016, the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of a securities class action against Galectin Therapeutics Inc., a Georgia-based biotechnology company. The suit alleged…more

Disclosure Requirements, Financial Markets, Pharmaceutical Industry, Public Offerings, Publicly-Traded Companies

See All Updates »

Commerce Establishes Advisory Council on Trade Enforcement and Compliance

On January 4, the Department of Commerce (Commerce) announced the establishment of the Advisory Council on Trade Enforcement and Compliance (ACTEC). The ACTEC is a government-business forum that will seek “stakeholder input…more

Obama Administration, Trade Policy, U.S. Commerce Department

See All Updates »

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

See All Updates »

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

Foreign Policy, Presidential Elections, Trump Administration

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 »

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

In July 2016, we reported that the Swedish Government had requested that the European Union impose a ban on imports of U.S./Canadian live lobster (Homarus americanus). Sweden argues that Homarus americanus should be designated…more

EU, Food Borne Bacteria, Imports, Scientific Evidence, Sweden

See All Updates »

DOJ Challenges Illegal Antitrust “Gun Jumping” In Energy Transaction

The Department of Justice Antitrust Division recently brought a civil antitrust lawsuit against Duke Energy Corporation, alleging that the electric power generator engaged in illegal “gun jumping” by obtaining beneficial…more

Antitrust Provisions, Beneficial Owner, DOJ, Energy Sector, Gun-Jumping

See All Updates »

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

See All Updates »

Energy Newsletter - January 2017

LNG in Europe 2016/2017: An Overview of LNG Import Terminals in Europe - The increase in the supply of LNG to Europe in 2015 and the first half of 2016 was led by the UK and Italy, with other significant increases in Spain…more

CMS, Cybersecurity, Energy Sector, EPA, EU

See All Updates »

Briseno v. ConAgra Foods, Inc.: Ninth Circuit Rules That There Need Not Be An Administratively Feasible Way To Identify Class Members In GMO Natural Case

In Briseno v. ConAgra Foods, Inc., an opinion issued on January 3, 2017, the United States Court of Appeals for the Ninth Circuit held that Federal Rule of Civil Procedure 23 does not require plaintiffs challenging the labeling…more

All Natural, Class Action, Federal Rules of Civil Procedure, Food Labeling, GMO

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 »

District Court Dismisses Antitrust Suit Against Palmetto Health

On March 2, 2017, the U.S. District for the District of South Carolina dismissed all of Providence’s antitrust and State law claims against Palmetto Health stemming from Palmetto Health’s employment of more than 330 employees…more

Antitrust Litigation, Antitrust Standing, Health Care Providers

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 »

TCPA Lawsuit Surges Ahead, Even Though Plaintiff Deleted Text Messages

Pizza Hut and several franchise owners are currently defending a class action lawsuit in the U.S. District Court for Southern District of Florida based on claims that their 2011 promotional text-message campaign violated the…more

ATDS, Class Action, FCC, Marketing, Pizza Hut

See All Updates »

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

See All Updates »

DOJ Releases Guidance on Corporate Compliance Programs

On February 8, 2017, and without the fanfare that often accompanies new policy guidance, the Fraud Section of the U.S. Department of Justice (DOJ) issued a new guidance document on corporate compliance programs (Compliance…more

Acquisitions, Compliance, DOJ, Fraud, Mergers

See All Updates »

PHMSA Increases Pipeline Safety Requirements

On January 23, 2017, the Pipeline and Hazardous Material Safety Administration (“PHMSA”) issued several revisions to its pipeline safety regulations, focusing in particular on reporting requirements for incident response. PHMSA…more

Incident Response Plans, PHMSA, Pipelines, Reporting Requirements, Safety Precautions

See All Updates »

Establishment of the Parallel Market of the Saudi Stock Exchange

Background - On 21 December 2016, the Capital Market Authority of Saudi Arabia (the CMA) approved the Parallel Market Listing Rules (the Rules), thereby establishing the Parallel Market, an alternative market to the Main…more

Capital Markets Authority, Financial Adviser, Foreign Financial Institutions (FFI), Saudi Arabia, Saudi Stock Exchange

See All Updates »

Employees Expecting Tax Refunds? So Are Your Hackers

With the beginning of the 2016 tax season, employers should be on high alert for the wave of W-2 spear phishing scams coming their way once again this year. Companies that fall victim to this type of scam likely will be faced…more

Data Protection, Hackers, IRS, Phishing Scams, Tax Refunds

See All Updates »

Second Circuit Clarifies Law on Enforcement of Foreign Arbitral Awards under the New York Convention

On January 18, 2017, the United States Court of Appeals for the Second Circuit (Second Circuit) issued its decision in CBF Indústría de Gusa S/A v. AMCI Holdings, Inc., a case considering important questions on the application…more

Arbitration, Arbitration Awards, Federal Arbitration Act, International Arbitration, New York Convention

See All Updates »

White House “Regulatory Freeze” Delays Implementation of Bundled Payment Models

In the February 17, 2017 Federal Register, CMS announced that it will delay implementation of several bundled payment initiatives until March 21, 2017. The Advancing Care Coordination Through Episode Payment Models (EPMs),…more

Bundled Payments, CMS, Episode Payment Models (EPM), Hospitals, Provider Payments

See All Updates »

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

See All Updates »

Tax Reform Considerations for REITs

Various components of the tax reform proposals that have been put forth by the Congress as well as the President could have significant impacts on REITs. In 2016, the Republican leadership and Republicans on the House Committee…more

Corporate Taxes, Interest Rates, Like Kind Exchanges, REIT, Tax Reform

See All Updates »

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

See All Updates »

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President Trump’s…more

Federal Register, Made in the USA, Pipelines, Presidential Memorandum, Public Comment

See All Updates »

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

See All Updates »

ITC Section 337 Update – March 2017

Commission Reverses ALJ’s Dismissal Of U.S. Steel’s False Designation Of Origin Claim And Sets Hearing On U.S. Steel’s Antitrust Claim In Certain Carbon Steel; U.S. Steel Withdraws Trade Secret Theft Claim – 2017 has produced a…more

Abstract Ideas, ALJ, Antitrust Litigation, Barack Obama, Cease and Desist Orders

See All Updates »

Energy Newsletter - January 2017

LNG in Europe 2016/2017: An Overview of LNG Import Terminals in Europe - The increase in the supply of LNG to Europe in 2015 and the first half of 2016 was led by the UK and Italy, with other significant increases in Spain…more

CMS, Cybersecurity, Energy Sector, EPA, 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 »

Tax Reform Considerations for REITs

Various components of the tax reform proposals that have been put forth by the Congress as well as the President could have significant impacts on REITs. In 2016, the Republican leadership and Republicans on the House Committee…more

Corporate Taxes, Interest Rates, Like Kind Exchanges, REIT, Tax Reform

See All Updates »

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

See All Updates »

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President Trump’s…more

Federal Register, Made in the USA, Pipelines, Presidential Memorandum, Public Comment

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 »

Tax Reform Considerations for REITs

Various components of the tax reform proposals that have been put forth by the Congress as well as the President could have significant impacts on REITs. In 2016, the Republican leadership and Republicans on the House Committee…more

Corporate Taxes, Interest Rates, Like Kind Exchanges, REIT, Tax Reform

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 »

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

See All Updates »

Uptick In Coordinated U.S.-Brazil Anti-Corruption Enforcement

As companies expand across borders and invest more heavily abroad, foreign enforcement authorities are following the example set by the U.S. Department of Justice and the U.S. Securities and Exchange Commission in directing…more

Anti-Corruption, Enforcement Authority, FCPA, Multi-Jurisdictional Litigation, Odebrecht

See All Updates »

HHS Issues Final Rule that Substantially Revises the Federal Policy for the Protection of Human Subjects

On January 19, 2017, the Department of Health and Human Services (HHS) and fifteen other Federal departments and agencies published a final rule that extensively revises and modernizes the Federal Policy for the Protection of…more

21st Century Cures Act, FDA, Final Rules, HHS, Informed Consent

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 »

Presidential “Notice” Triggers New Iran Sanctions Designations

On February 3, 2017, the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury added twenty-five individuals and entities to its Specially Designated Nationals (“SDN”) List. According to the White…more

Iran Sanctions, Joint Comprehensive Plan of Action (JCPOA), OFAC, SDN List, Trump Administration

See All Updates »

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

In July 2016, we reported that the Swedish Government had requested that the European Union impose a ban on imports of U.S./Canadian live lobster (Homarus americanus). Sweden argues that Homarus americanus should be designated…more

EU, Food Borne Bacteria, Imports, Scientific Evidence, Sweden

See All Updates »

GOP Repeal and Replace Healthcare Bill Advances After Committee Votes

On March 8, 2017, the two House Committees responsible for healthcare policy related to the Affordable Care Act (ACA) held marathon-like deliberations to mark-up their respective portions of the Republicansponsored health reform…more

Affordable Care Act, Cadillac Tax, Employer Mandates, Health Insurance, Health Savings Accounts

See All Updates »

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

See All Updates »

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

See All Updates »

DOJ Issues New Corporate Compliance Guidelines; Document Outlines Criteria for the Criminal Division’s Evaluation of Corporate Compliance Programs

Recently, and without the fanfare that often accompanies new policy guidance regarding corporate fraud, the Fraud Section of the Department of Justice posted a document on its website entitled “Evaluation of Corporate Compliance…more

Acquisitions, Compliance, Corporate Fraud, DOJ, FCPA

See All Updates »

CMS Issues Final Rule for New Cardiac, Orthopedic Bundled Payment Models

On December 20, 2016, CMS issued its final rule implementing three new Medicare Parts A and B episode payment models for patients admitted for treatment for heart attack, bypass surgery, or hip/femur fracture under its Section…more

CMS, HHS, Hospitals, Medicare, Payment Methods

See All Updates »

District Court Upholds Bankruptcy Court’s Ruling on Rejection of Gathering Agreements

On March 10, 2017, the United States District Court for the Southern District of New York (the “Court”) affirmed on appeal a bankruptcy court’s prior decision in In re Sabine Oil & Gas Corp. that permitted a debtor to reject a…more

Bankruptcy Court, Debtors, Declaratory Judgments, Executory Contracts, Sabine Oil and Gas

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 »

AMA Speaks Out Against Possible Settlement in Anthem/Cigna Antitrust Merger Litigation

In a February 28, 2017 letter to the Department of Justice (DOJ), the American Medical Association (AMA) expressed concern regarding Anthem’s recent statements about a potential settlement with DOJ that would allow the…more

American Medical Association, Anthem Insurance, Antitrust Provisions, CIGNA, DOJ

See All Updates »

DOJ Issues New Corporate Compliance Guidelines; Document Outlines Criteria for the Criminal Division’s Evaluation of Corporate Compliance Programs

Recently, and without the fanfare that often accompanies new policy guidance regarding corporate fraud, the Fraud Section of the Department of Justice posted a document on its website entitled “Evaluation of Corporate Compliance…more

Acquisitions, Compliance, Corporate Fraud, DOJ, FCPA

See All Updates »

UK Government Launches National Cyber Security Centre

On Tuesday, February 14, 2017, the United Kingdom officially opened its National Cyber Security Centre (“NCSC”). The NCSC, which got off the ground starting last October, will be part of the Government Communications…more

Cybersecurity, National Security, Popular, UK

See All Updates »

HHS Announces Final Rule on Medicare Benefit Claim Appeals Process

On January 17, 2017, HHS published its final rule addressing modifications to the Medicare benefit claim appeals process. The final rule seeks to reduce the significant backlog of pending Medicare appeals and streamline the…more

Appeals, CMS, HHS, Medicare, OMHA

See All Updates »

United States Challenges China’s Aluminum Subsidies at the WTO

On January 12, the United States filed a request for consultations at the World Trade Organization (WTO) regarding the substantial subsidies that the Chinese government has been pouring into its primary aluminum industry from…more

Aluminum Sales, China, Consultation, Subsidiaries, United Steelworkers

See All Updates »

FTC and States Reach $100 Million Antitrust Settlement with Mallinckrodt

On January 18, 2017, the Federal Trade Commission (“FTC”) announced that it reached a $100 million settlement with pharmaceutical company Questcor Pharmaartinceuticals, Inc. and its Irish parent company, Mallinckrodt plc. The…more

Antitrust Violations, FTC, Monopolization, Pharmaceutical Industry, Settlement

See All Updates »

District Court Grants Motion To Dismiss Because FCRA Plaintiff Failed To Allege Concrete Injuries

On March 1, 2017, the United States District Court for the District of Minnesota granted a motion to dismiss a lawsuit predicated on alleged violations of the Fair Credit Reporting Act (“FCRA” or the “Act”). If a person plans…more

Article III, Background Checks, Corporate Counsel, Criminal Background Checks, FCRA

See All Updates »

FDA Issues Discussion Paper on LDTs

Following its recent announcement that it would not finalize its 2014 draft guidance on laboratory developed tests (“LDTs”), the U.S. Food and Drug Administration (“FDA”) issued a Discussion Paper on Laboratory Developed Tests…more

CLIA, CMS, Draft Guidance, FDA, Laboratory Developed Tests

See All Updates »

Contact

1180 Peachtree Street NE
Atlanta, Georgia 30309, United States

  • 404 572 4600
  • 404 572 5100

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • New York
  • North Carolina
  • Texas
Other Countries
  • France
  • Germany
  • Japan
  • Russia
  • Saudi Arabia
  • Singapore
  • Switzerland
  • United Arab Emirates
  • United Kingdom
Number of Attorneys

800+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×