King & Spalding

Brexit; Assessing the impact on Middle Eastern issuers accessing the UK and European Capital Markets

Many companies and other entities in the Middle East tap the UK and/or European debt and equity capital markets as part of achieving their corporate funding and broader strategic objectives. Whilst the precise legal and…more

Bonds, Capital Markets, Choice-of-Law, Default, EEA

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

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House Votes to End Crude Oil Export Ban

On October 9, the U.S. House of Representatives voted 261-159 to end the 40-year-old ban on the export of domestic crude oil. The bill has been sent to the Senate for consideration, where it is unclear if it will be passed…more

Barack Obama, Clean Energy, Clean Tech, Crude Oil, Exports

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HHS: Ransomware Attacks Can Trigger Reporting Requirements

On July 11, 2016, the HHS Office for Civil Rights (OCR) released new HIPAA guidance regarding ransomware. The Fact Sheet, issued by OCR on July 11, covers various issues relating to ransomware, including reporting requirements…more

Breach Notification Rule, Cyber Attacks, HHS, HIPAA, OCR

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DOJ Challenges Health Insurance Merger

On July 21, 2016, the Department of Justice, Antitrust Division (the “DOJ”) announced that it, along with several state attorneys general, would sue to block two multi-billion dollar health insurance mergers between Aetna and…more

Antitrust Violations, CIGNA, DOJ, Health Insurance, Health Insurance Exchanges

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Seven Tips for Food & Beverage Transactions in the Middle East

Parties purchasing Middle East-based companies operating in the retail and wholesale food and beverage sector with a focus on companies in Saudi Arabia and the United Arab Emirates (“UAE”) are facing some common issues…more

Beverage Manufacturers, Change in Control, Commercial Leases, Competition Authorities, Deeds

See All Updates »

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

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

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

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International Litigation Update: United States Supreme Court Limits Extraterritorial Reach of RICO Claims

On June 20, 2016, the U.S. Supreme Court issued its decision in RJR Nabisco, Inc. v. European Community, holding that provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) apply to conduct that occurs…more

Domestic Injury, Drug Trafficking, EU, Extraterritoriality Rules, Money Laundering

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 »

PIPES Act Puts More Priorities in PHMSA’s Regulatory Pipeline

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

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

See All Updates »

Will PPPs Provide the Catalyst for Waste to Energy Projects in the GCC?

Recent activity in the waste management sector in many Gulf Cooperation Council (GCC) countries suggests that governments in the region are starting to look again at waste to energy (W2E) projects. Within the span of 18…more

Bank of America, Energy Projects, Gulf Cooperation Council (GCC), Middle East, Procurement Guidelines

See All Updates »

DOJ Challenges Health Insurance Merger

On July 21, 2016, the Department of Justice, Antitrust Division (the “DOJ”) announced that it, along with several state attorneys general, would sue to block two multi-billion dollar health insurance mergers between Aetna and…more

Antitrust Violations, CIGNA, DOJ, Health Insurance, Health Insurance Exchanges

See All Updates »

CMS Issues Medicare Physician Fee Schedule Proposed Rule

On July 7, 2016, CMS issued a proposed rule that updates payment policies, payment rates, and quality provisions for services furnished under the Medicare Physician Fee Schedule (PFS) on or after January 1, 2017 (Proposed Rule)…more

ACOs, CMS, Federal Register, Health Insurance, Medicare

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CMS Issues Medicare Physician Fee Schedule Proposed Rule

On July 7, 2016, CMS issued a proposed rule that updates payment policies, payment rates, and quality provisions for services furnished under the Medicare Physician Fee Schedule (PFS) on or after January 1, 2017 (Proposed Rule)…more

ACOs, CMS, Federal Register, Health Insurance, Medicare

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Compensation and Benefits Insights – June 2016

Final Summary of Benefits and Coverage (SBC) Guidance Issued - The Departments of Labor, Health and Human Services and Treasury (the “Departments”) recently issued final changes to the Summary of Benefits and Coverage…more

Affordable Care Act, DOL, Employee Benefits, Filing Deadlines, FLSA

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Google Prevails In Privacy Case Before Third Circuit - But Court’s Decision May Leave Door Open For Future Video Privacy Suits

On June 27, the U.S. Court of Appeals for the Third Circuit, in a precedential opinion, rejected the allegation that Google and Viacom violated the Video Privacy Protection Act (“VPPA”) and federal and state wiretapping statutes…more

Children's Online Games, Class Action, Data Collection, Google, IP Addresses

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LNG In Morocco

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

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

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 »

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 »

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 »

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

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

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

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Prime Minister Modi’s Visit to the U.S.: U.S., India Seek Stronger Ties, Increased Trade

The world’s largest democracy and the world’s most powerful democracy continue to seek ways to create deeper ties. Given larger geopolitical trends, it appears the relationship is blossoming, which presents opportunities for…more

Climate Change, Counter-Terrorist, Foreign Relations, India, Infrastructure

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Compensation and Benefits Insights – June 2016

Final Summary of Benefits and Coverage (SBC) Guidance Issued - The Departments of Labor, Health and Human Services and Treasury (the “Departments”) recently issued final changes to the Summary of Benefits and Coverage…more

Affordable Care Act, DOL, Employee Benefits, Filing Deadlines, FLSA

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

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

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

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Member Of The Federal Reserve’s Board Of Governors Notes Benefits Of Consistent Cybersecurity Exam Approaches

On June 24, 2016, in a response letter to Senator Dean Heller (R-NV), Daniel Tarullo, a member of the Board of Governors of the Federal Reserve System, highlighted the benefits of consistent cybersecurity supervisory examination…more

Banking Examinations, Cybersecurity, Federal Reserve, FFIEC, Financial Institutions

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LNG In Morocco

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

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

See All Updates »

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

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

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

See All Updates »

Unitization: Specific Considerations for LNG Export Projects

Unitized Gas to LNG Export - A number of global LNG export projects – existing, under construction and planned – process (or will process) natural gas produced from unitized gas fields. Gas produced from unitized gas…more

Africa, Australia, Cross-Border, Exports, Liquid Natural Gas

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 »

The SEC’s Customer Protection Rule Initiative and Whistleblower Protection Efforts – What Broker-Dealers Need to Know

On June 23, 2016, the SEC instituted a settled enforcement action against Merrill Lynch, Pierce, Fenner & Smith Inc. and Merrill Lynch Professional Clearing Corp. (collectively, “Merrill”), in which Merrill agreed to pay $415…more

Broker-Dealer, Chief Compliance Officers, Customer Protection Rule, Enforcement Actions, MCDC

See All Updates »

Seven Tips for Food & Beverage Transactions in the Middle East

Parties purchasing Middle East-based companies operating in the retail and wholesale food and beverage sector with a focus on companies in Saudi Arabia and the United Arab Emirates (“UAE”) are facing some common issues…more

Beverage Manufacturers, Change in Control, Commercial Leases, Competition Authorities, Deeds

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 »

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 »

Brexit; Assessing the impact on Middle Eastern issuers accessing the UK and European Capital Markets

Many companies and other entities in the Middle East tap the UK and/or European debt and equity capital markets as part of achieving their corporate funding and broader strategic objectives. Whilst the precise legal and…more

Bonds, Capital Markets, Choice-of-Law, Default, EEA

See All Updates »

CMS Proposes Changes to Provider-Based Status in CY 2017 OPPS Rule - Agency takes aggressive view of Section 603 of Bipartisan Budget Act of 2015, limits off-campus provider-based departments

On July 6, 2016, the Centers for Medicare & Medicaid Services (CMS) issued its CY 2017 Outpatient Prospective Payment System (OPPS) Proposed Rule. The Proposed Rule includes several provisions regarding how CMS will implement…more

Bipartisan Budget Act, CMS, Comment Period, Health Care Providers, Hospitals

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CMS Proposes Changes to Provider-Based Status in CY 2017 OPPS Rule - Agency takes aggressive view of Section 603 of Bipartisan Budget Act of 2015, limits off-campus provider-based departments

On July 6, 2016, the Centers for Medicare & Medicaid Services (CMS) issued its CY 2017 Outpatient Prospective Payment System (OPPS) Proposed Rule. The Proposed Rule includes several provisions regarding how CMS will implement…more

Bipartisan Budget Act, CMS, Comment Period, Health Care Providers, Hospitals

See All Updates »

The SEC’s Customer Protection Rule Initiative and Whistleblower Protection Efforts – What Broker-Dealers Need to Know

On June 23, 2016, the SEC instituted a settled enforcement action against Merrill Lynch, Pierce, Fenner & Smith Inc. and Merrill Lynch Professional Clearing Corp. (collectively, “Merrill”), in which Merrill agreed to pay $415…more

Broker-Dealer, Chief Compliance Officers, Customer Protection Rule, Enforcement Actions, MCDC

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

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

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

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

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

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

See All Updates »

The SEC’s Customer Protection Rule Initiative and Whistleblower Protection Efforts – What Broker-Dealers Need to Know

On June 23, 2016, the SEC instituted a settled enforcement action against Merrill Lynch, Pierce, Fenner & Smith Inc. and Merrill Lynch Professional Clearing Corp. (collectively, “Merrill”), in which Merrill agreed to pay $415…more

Broker-Dealer, Chief Compliance Officers, Customer Protection Rule, Enforcement Actions, MCDC

See All Updates »

Trade & Manufacturing - News of Note - July 2016

State Department Increases Penalties for Arms Export Control Act Violations - On June 7, the U.S. Department of State announced the implementation of “catch-up” adjustments to the maximum civil monetary penalties (CMPs) it…more

Arms Export Control Act, Civil Monetary Penalty, Court of International Trade, Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Final Rules

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Bill to Make Local Coverage Determinations More Transparent Introduced in House

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

Local Coverage Determination (LCD), MACs, Proposed Amendments

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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

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

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

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

See All Updates »

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

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

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

See All Updates »

Projected Decline of Americans Lacking Health Insurance Over Next Decade

The CMS Office of the Actuary recently released a report estimating that the percentage of Americans lacking health insurance will decline over the next decade. The actuary’s office predicts that in 2025, 8 percent of the U.S…more

CMS, Health Insurance

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FCA Penalties to Nearly Double After Inflation Adjustment

In an Interim Final Rule effective August 1, 2016, the Department of Justice (DOJ) confirmed increased statutory penalties under the False Claims Act (FCA) to adjust for inflation, almost doubling current penalty amounts…more

Civil Monetary Penalty, DOJ, False Claims Act (FCA), Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Interim Rule

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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 »

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

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

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

See All Updates »

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

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

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

See All Updates »

CMS Proposes Changes to Provider-Based Status in CY 2017 OPPS Rule - Agency takes aggressive view of Section 603 of Bipartisan Budget Act of 2015, limits off-campus provider-based departments

On July 6, 2016, the Centers for Medicare & Medicaid Services (CMS) issued its CY 2017 Outpatient Prospective Payment System (OPPS) Proposed Rule. The Proposed Rule includes several provisions regarding how CMS will implement…more

Bipartisan Budget Act, CMS, Comment Period, Health Care Providers, Hospitals

See All Updates »

The Brexit – Energy Markets

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

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

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Commenters Dispute FCC’s Proposed ISP Privacy Opt-In Rules

The Federal Communications Commission ( “FCC”) received more than 276,000 public comments on its proposed broadband Internet service provider privacy rules. Of these, two academic submissions received near the July 6 deadline…more

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

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Midstream Contracts Remain in Doubt in Bankruptcy

By now, both producers and midstream companies are aware of the Bankruptcy Court decisions in the Sabine bankruptcy proceedings (i) rejecting the gas gathering agreements as executory contracts and (ii) determining that the…more

Appeals, Bankruptcy Court, Commercial Bankruptcy, Covenants that Run With the Land, Energy Sector

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

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

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

See All Updates »

Senate Finance Committee Chairman Releases White Paper Examining Potential Reforms to the Stark Law

On June 30, 2016, Senate Finance Committee Chairman Orrin Hatch released a white paper examining potential reforms to the Federal Stark law. The white paper, entitled “Why Stark, Why Now? Suggestions to Improve the Stark Law…more

Alternative Payment Models (APM), CMS, Health Care Providers, Health Insurance, Hospitals

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 »

Michigan Court Holds That Pandora Users Are Not Customers Under State Law, Further Narrowing Streaming Privacy Laws

On July 6, 2016, the Michigan Supreme Court held that a Pandora user was not a “customer” allowed to bring a class action under the Video Rental Privacy Act (“VRPA”) in Michigan…more

Appeals, Class Action, MI Supreme Court, Music Streaming, Pandora

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White House Releases National Privacy Research Strategy

On July 1, James Kurose, the Assistant Director for Computer and Information Science and Engineering Directorate at the National Science Foundation, and Keith Marzullo, the Director of the National Coordination Office for…more

Analytics, Data Collection, National Privacy Research Strategy, Personally Identifiable Information, Remediation

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Trade & Manufacturing - News of Note - July 2016

State Department Increases Penalties for Arms Export Control Act Violations - On June 7, the U.S. Department of State announced the implementation of “catch-up” adjustments to the maximum civil monetary penalties (CMPs) it…more

Arms Export Control Act, Civil Monetary Penalty, Court of International Trade, Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Final Rules

See All Updates »

Will PPPs Provide the Catalyst for Waste to Energy Projects in the GCC?

Recent activity in the waste management sector in many Gulf Cooperation Council (GCC) countries suggests that governments in the region are starting to look again at waste to energy (W2E) projects. Within the span of 18…more

Bank of America, Energy Projects, Gulf Cooperation Council (GCC), Middle East, Procurement Guidelines

See All Updates »

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

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

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

See All Updates »

DOJ Challenges Health Insurance Merger

On July 21, 2016, the Department of Justice, Antitrust Division (the “DOJ”) announced that it, along with several state attorneys general, would sue to block two multi-billion dollar health insurance mergers between Aetna and…more

Antitrust Violations, CIGNA, DOJ, Health Insurance, Health Insurance Exchanges

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 »

Senate Finance Committee Chairman Releases White Paper Examining Potential Reforms to the Stark Law

On June 30, 2016, Senate Finance Committee Chairman Orrin Hatch released a white paper examining potential reforms to the Federal Stark law. The white paper, entitled “Why Stark, Why Now? Suggestions to Improve the Stark Law…more

Alternative Payment Models (APM), CMS, Health Care Providers, Health Insurance, Hospitals

See All Updates »

ACLU Suing To Limit The Scope Of The Computer Fraud And Abuse Act And Promote Research Of Online Discrimination

On June 29, 2016, the American Civil Liberties Union filed a lawsuit against Loretta Lynch in her official capacity as the United States Attorney General to challenge the constitutionality of a provision of the Computer Fraud…more

ACLU, Algorithms, Big Data, Chilling Effect, Computer Fraud and Abuse Act (CFAA)

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FTC Dismisses Challenge to Hospital Merger, Takes Shots at Cooperative Agreement Arrangements

The FTC dismissed its antitrust complaint against a proposed West Virginia hospital merger in a 3-0 vote in light of a recent West Virginia law immunizing hospitals from antitrust scrutiny. “Our decision to dismiss this…more

Cooperation Agreement, FTC, Hospital Mergers, Hospitals, Voluntary Compliance

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PIPES Act Puts More Priorities in PHMSA’s Regulatory Pipeline

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

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

See All Updates »

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

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

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

See All Updates »

International Litigation Update: United States Supreme Court Limits Extraterritorial Reach of RICO Claims

On June 20, 2016, the U.S. Supreme Court issued its decision in RJR Nabisco, Inc. v. European Community, holding that provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) apply to conduct that occurs…more

Domestic Injury, Drug Trafficking, EU, Extraterritoriality Rules, Money Laundering

See All Updates »

HHS Proposes Significant Changes to ALJ Hearing Procedures

HHS announced a Proposed Rule on July 5, 2016 aimed at reducing the backlog of appeals at the Office of Medicare Hearings and Appeals (OMHA) and Departmental Appeals Board (DAB) for Medicare payment and coverage determinations. …more

Administrative Appeals, Administrative Proceedings, ALJ, Appeals, Expedited Actions Process

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

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

Chemicals, ECHA, EU, REACH, Request For Information

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 »

European Union Member States Vote In Support Of The Privacy Shield

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

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

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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 »

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

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

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

See All Updates »

CMS Releases Calendar Year 2017 OPPS Proposed Rule

On July 6, 2016, CMS released the Calendar Year (CY) 2017 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System Proposed Rule. In addition to significant proposals regarding…more

Ambulatory Surgery Centers, CMS, EHR, Hospitals, OPPS

See All Updates »

Unitization: Specific Considerations for LNG Export Projects

Unitized Gas to LNG Export - A number of global LNG export projects – existing, under construction and planned – process (or will process) natural gas produced from unitized gas fields. Gas produced from unitized gas…more

Africa, Australia, Cross-Border, Exports, Liquid Natural Gas

See All Updates »

Compensation and Benefits Insights – June 2016

Final Summary of Benefits and Coverage (SBC) Guidance Issued - The Departments of Labor, Health and Human Services and Treasury (the “Departments”) recently issued final changes to the Summary of Benefits and Coverage…more

Affordable Care Act, DOL, Employee Benefits, Filing Deadlines, FLSA

See All Updates »

CMS Issues Proposed Rule to Update Policies and Payment Rates for Renal Dialysis Services and Medical Equipment Bidding

On June 24, 2016, CMS issued a proposed rule that would update payment policies and rates under the End-Stage Renal Disease (ESRD) Prospective Payment System (PPS) for renal dialysis services furnished to beneficiaries on or…more

CMS, DMEPOS, ESRD, Patient Prospective Payment System

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CMS Releases Calendar Year 2017 OPPS Proposed Rule

On July 6, 2016, CMS released the Calendar Year (CY) 2017 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System Proposed Rule. In addition to significant proposals regarding…more

Ambulatory Surgery Centers, CMS, EHR, Hospitals, OPPS

See All Updates »

HHS Releases Guidance On Ransomware And HIPAA

On July 11, 2016, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) published new guidance on the how HIPAA applies to ransomware prevention and attacks. Specifically, the guidance lays out OCR’s…more

Breach Notification Rule, Covered Entities, Cyber Attacks, HHS, HIPAA

See All Updates »

CMS Considers Delaying MACRA Start Date

On July 13, 2016, CMS Acting Administrator Andy Slavitt testified before the Senate Finance Committee regarding the possibility of a delay in implementation of the Medicare Access and CHIP Reauthorization Act (MACRA). MACRA’s…more

CMS, Final Rules, Medicare, Medicare Access and CHIP Reauthorization (MACRA), Physician Payments

See All Updates »

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

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

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

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Federal District Court Dismisses Data Breach Class Action Complaint Against Scottrade

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

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

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Contact

1180 Peachtree Street NE
Atlanta, Georgia 30309, United States

  • 404 572 4600
  • 404 572 5100

Areas of Practice
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Other U.S. Locations
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Number of Attorneys

800+ Attorneys

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