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Marcia D. Alazraki	Insurance Law -- Nov 19, 2012: New York Department of Financial Services Offices Closed Due to Hurricane Sandy The offices of the New York Department of Financial Services in downtown Manhattan have been closed due to damage to the building resulting from Hurricane Sandy. It is currently anticipated that the office at State Street, which…more	See All Updates »
Joel Ario	The ACA’s Effects on the Employer Insurance Market Will Employers Face a Surge in Enrollment? Employers start by asking one big question. Are they currently excluding a significant number of employees to whom they now will need to offer coverage? For many, the answer is…more Affordable Care Act, Employer Group Health Plans, Health Insurance Exchanges, Healthcare	See All Updates »
Robert Becker	Mobile banking and the Federal Circuit's "divided infringement" decisions The rapid growth of the mobile banking industry, the raft of litigation that has followed such growth, and why the Federal Circuit's much-anticipated "divided infringement" decisions in Akamai v. Limelight and McKesson v. Epic…more Covered Business Method Patents, Divided Infringement, Mobile Banking, Technology	See All Updates »
Robert Belfort	HIPAA Omnibus Rule Reshapes Landscape for Health Care Privacy, Security Compliance Originally published in Health IT Law & Industry Report, on January 23, 2013. On Jan. 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (‘‘HHS’’) issued a long-awaited omnibus rule…more Business Associates, Data Protection, Electronic Medical Records, HHS, HIPAA	See All Updates »
Donald Brown	Pool and Spa Accessibility Requirements Take Effect on January 31 On January 31, 2013, the deadline for lodging facilities and other places of public accommodation to comply with new accessibility regulations for pools and spas takes effect. The regulations were issued by the Department of…more Accessibility Rules, ADA, Hospitality, Public Accommodation, Swimming Pools	See All Updates »
Alan Brunswick	New Law Prohibits Agreements That Pay Nonexempt Employees A Fixed Salary For Fixed Regular And Overtime Hours On January 1, 2013, AB 2103 went into effect, explicitly overturning the case of Arechiga v. Delores Press, Inc., 192 Cal. App. 4th 567 (2011), and prohibiting compensation agreements that guarantee nonexempt employees a fixed…more Compensation Agreements, Non-Exempt Employees, Over-Time, Wage and Hour, Wages	See All Updates »
Juan Casillas	Mexico's Upcoming Energy Reform: Opportunities, Limitations, and Challenges Mexico's hydrocarbons sector will not be overhauled under Mexico's new President Enrique Peña Nieto to the point of the State losing ownership and control of the resource, but reforms that offer new business opportunities are…more Hydrocarbons, Oil & Gas, Refineries	See All Updates »
Veronica Cerruti	Ringing in the New Year with Revised Estate and Gift Tax Laws Congress has averted the so-called fiscal cliff by passing the "American Taxpayer Relief Act of 2012" (the "Act") on January 1, 2013, which President Obama signed into law the following day. The good news is we finally have…more American Taxpayer Relief Act, Estate Tax, Exemptions, Fiscal Cliff, Generation-Skipping Transfer	See All Updates »
Jon Costantino	California's Cap and Trade Program Goes to Court Again The other shoe finally dropped. The much-speculated and much-anticipated “tax vs. fee” AB 32 Cap and Trade lawsuit has finally been filed. A diverse coalition of businesses and trade groups filed a lawsuit in a state superior…more Cap-and-Trade, GHG Auction, State Taxes	See All Updates »
Richard Costigan, III	CEQA Reform? What's In and What's Out with SB 731 (And What's Next...) Lauded as the CEQA Modernization Act of 2013, Senate President Pro Tem Darrell Steinberg’s SB 731 includes a number of amendments to CEQA that appear intended to appeal to a wide variety of interest groups. SB 731 replaces the…more CEQA, CEQA Modernization Bill, CEQA Reform	See All Updates »
Jill Dodd	Ringing in the New Year with Revised Estate and Gift Tax Laws Congress has averted the so-called fiscal cliff by passing the "American Taxpayer Relief Act of 2012" (the "Act") on January 1, 2013, which President Obama signed into law the following day. The good news is we finally have…more American Taxpayer Relief Act, Estate Tax, Exemptions, Fiscal Cliff, Generation-Skipping Transfer	See All Updates »
Rory Donald	SEC Approves NYSE and NASDAQ Rules on Compensation Committees and Advisers The Securities and Exchange Commission has approved new listing requirements promulgated by the New York Stock Exchange and the NASDAQ Stock Market relating to the composition and oversight provided by compensation committees…more Compensation Committee, Independence Rules, Investment Adviser, Listing Standards, Nasdaq	See All Updates »
Peter Duchesneau	California Marching Toward Adoption of Green Chemistry Regulations More than two years behind schedule, with no one apparently satisfied with the form of its regulations, the California Department of Toxic Substances Control (DTSC) appears to be taking the final steps toward adopting its green…more Department of Toxic Substances Control, Green Chemistry, Safer Consumer Product Regulations	See All Updates »
Mick Grasmick	Confidential Investigations of Bank Activities Scenario: In the course of a safety and soundness examination, the bank examiners identify certain unusual transactions and bring the issue to the attention of management. Management, in turn, recognizing the potential severity…more Audits, Board of Directors, Confidential Documents, Disclosure Requirements, Investigations	See All Updates »
John J. Heber	Expiration of 409A Correction Period Regarding the Timing Requirement to Execute a Release Agreement The payment of severance in the event of a termination of employment is often conditioned on the execution of a release agreement. This requirement may violate the documentary requirements of Code Section 409A ("409A") if the…more IRS, Section 409A, Severance Agreements	See All Updates »
David Herbst	The ACA’s Effects on the Employer Insurance Market Will Employers Face a Surge in Enrollment? Employers start by asking one big question. Are they currently excluding a significant number of employees to whom they now will need to offer coverage? For many, the answer is…more Affordable Care Act, Employer Group Health Plans, Health Insurance Exchanges, Healthcare	See All Updates »
Esra Hudson	California Supreme Court Upholds “Mixed Motive” Defense in Employment Discrimination Cases In a long-awaited ruling issued Thursday, February 7, 2013, the California Supreme Court affirmed the Court of Appeal's decision overturning a damages verdict against the City of Santa Monica, finding that employers may properly…more Discrimination, Harris v City of Santa Monica, Hiring & Firing, Mixed Motive Cases, Pregnancy Discrimination	See All Updates »
N. Richard Janis	A Roadmap for Audit Committees in Meeting the Challenges Posed by Enhanced Regulatory Scrutiny Under the Dodd-Frank Act Audit committees must aid management in navigating an increasingly complex regulatory framework. Two recent developments arising from the passage and implementation of the Dodd-Frank Act have led to further challenges for audit…more Aiding and Abetting, Audits, Chief Compliance Officers, Compliance, Comptroller	See All Updates »
Scott Johnson	1031 Exchanges of Investment Property— Recent Cases Many property owners are aware that one can sell investment property, at a profit, and reinvest the sales proceeds in replacement investment property, without having to pay tax on the sale. Such transactions are known as…more Investment Property, Section 1031, Tax-Deferred Exchanges	See All Updates »
James R. Jones	Mexico: The Business Opportunity Is Now On December 1, Enrique Peña Nieto will be inaugurated as Mexico's next President, reflecting the third orderly transition of power. Gone are the days when the end of a presidential sexenio signaled financial market disruption,…more Foreign Investment	See All Updates »
Salomon Kalach	Major Reforms in Telecommunications, Broadcasting, and Economic Competition Open New Investment Opportunities in Mexico The excessive concentration and lack of economic competition in many sectors of the Mexican economy, especially in the realms of telecommunications and broadcasting, are well known. For decades politicians have been talking…more Broadcasting, Competition, Foreign Investment, Monopolization, Telecommunications	See All Updates »
Anne O'Hagen Karl	HIPAA Omnibus Rule Reshapes Landscape for Health Care Privacy, Security Compliance Originally published in Health IT Law & Industry Report, on January 23, 2013. On Jan. 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (‘‘HHS’’) issued a long-awaited omnibus rule…more Business Associates, Data Protection, Electronic Medical Records, HHS, HIPAA	See All Updates »
Ronald Katz	Athletes’ Rights of Publicity Trump First Amendment in Video Game Context In a recent 62-page decision by the Third Circuit, obviously intended to give guidance in an unclear area of the law, the rights of publicity of a college athlete in a video game trumped the First Amendment arguments of the…more First Amendment, Football, NCAA, Transformativeness, Video Games	See All Updates »
Jeremy Lacks	End of the Dark Ages? Lawsuits Put Sports TV Blackout Rules to the Test Could the New York Yankees sell the broadcasting rights to their games to cable companies and subscribers in Mississippi? Could a Los Angeles Kings fan living on the East Coast pay to watch a crucial, late-season game live on…more Broadcasting, Competition, MLB, Monopolization, NHL	See All Updates »
Karen Lam	HIPAA Omnibus Rule Reshapes Landscape for Health Care Privacy, Security Compliance Originally published in Health IT Law & Industry Report, on January 23, 2013. On Jan. 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (‘‘HHS’’) issued a long-awaited omnibus rule…more Business Associates, Data Protection, Electronic Medical Records, HHS, HIPAA	See All Updates »
Kristina Lawson	CEQA Reform? What's In and What's Out with SB 731 (And What's Next...) Lauded as the CEQA Modernization Act of 2013, Senate President Pro Tem Darrell Steinberg’s SB 731 includes a number of amendments to CEQA that appear intended to appeal to a wide variety of interest groups. SB 731 replaces the…more CEQA, CEQA Modernization Bill, CEQA Reform	See All Updates »
Emily Lee	HIPAA Omnibus Rule Reshapes Landscape for Health Care Privacy, Security Compliance Originally published in Health IT Law & Industry Report, on January 23, 2013. On Jan. 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (‘‘HHS’’) issued a long-awaited omnibus rule…more Business Associates, Data Protection, Electronic Medical Records, HHS, HIPAA	See All Updates »
Stanley Levy	New Law Prohibits Agreements That Pay Nonexempt Employees A Fixed Salary For Fixed Regular And Overtime Hours On January 1, 2013, AB 2103 went into effect, explicitly overturning the case of Arechiga v. Delores Press, Inc., 192 Cal. App. 4th 567 (2011), and prohibiting compensation agreements that guarantee nonexempt employees a fixed…more Compensation Agreements, Non-Exempt Employees, Over-Time, Wage and Hour, Wages	See All Updates »
John F. Libby	BSA Compliance Fails, Go to Jail: A New Challenge for Directors and Officers of Financial Institutions For many years the government has encouraged directors and officers of corporations to ensure that they have robust compliance programs to detect and prevent violations of law. This is especially important in regulated…more Anti-Money Laundering, Bank Secrecy Act, Compliance, Deferred Prosecution Agreements, DOJ	See All Updates »
Marc D. Luesebrink	CARB Cap and Trade Linkage Effort with Quebec Back on Track: Reopened Comment Period Ends January 23rd California's cap and trade program, part of the AB 32 program to reduce greenhouse gas ("GHG") emissions, took effect on January 1, 2012. On January 1st of this year, the first cap and trade compliance period began. Now, the…more Cap-and-Trade, CARB, Greenhouse Gas Emissions	See All Updates »
Fred L. Main	California Voters Approve Tax Methodology Change to Benefit Energy Projects On Tuesday, November 6, 2012, California voters approved Proposition 39-THE CALIFORNIA CLEAN ENERGY JOBS ACT. Proposition 39 changes the way taxes are assessed for companies with multistate operations. This change is projected…more	See All Updates »
Jeffrey Mannisto	New Year's Day Federal Tax Legislation On January 1, 2013, the House and Senate approved the American Taxpayer Relief Act of 2012 (H.R. 8, as amended by the Senate) (the "2012 Tax Relief Act"). The 2012 Tax Relief Act, signed into law by President Obama on…more Alternative Minimum Tax, American Taxpayer Relief Act, Estate Tax, Fiscal Cliff, Gift-Tax Exemption	See All Updates »
Jay B. Martin	Insurance Law -- Nov 19, 2012: New York Department of Financial Services Offices Closed Due to Hurricane Sandy The offices of the New York Department of Financial Services in downtown Manhattan have been closed due to damage to the building resulting from Hurricane Sandy. It is currently anticipated that the office at State Street, which…more	See All Updates »
Sean Matsler	CEQA Reform? What's In and What's Out with SB 731 (And What's Next...) Lauded as the CEQA Modernization Act of 2013, Senate President Pro Tem Darrell Steinberg’s SB 731 includes a number of amendments to CEQA that appear intended to appeal to a wide variety of interest groups. SB 731 replaces the…more CEQA, CEQA Modernization Bill, CEQA Reform	See All Updates »
Brady McShane	CEQA Reform? What's In and What's Out with SB 731 (And What's Next...) Lauded as the CEQA Modernization Act of 2013, Senate President Pro Tem Darrell Steinberg’s SB 731 includes a number of amendments to CEQA that appear intended to appeal to a wide variety of interest groups. SB 731 replaces the…more CEQA, CEQA Modernization Bill, CEQA Reform	See All Updates »
Craig D. Miller	SEC Approves NYSE and NASDAQ Rules on Compensation Committees and Advisers The Securities and Exchange Commission has approved new listing requirements promulgated by the New York Stock Exchange and the NASDAQ Stock Market relating to the composition and oversight provided by compensation committees…more Compensation Committee, Independence Rules, Investment Adviser, Listing Standards, Nasdaq	See All Updates »
Bradford Paul	New Law Prohibits Agreements That Pay Nonexempt Employees A Fixed Salary For Fixed Regular And Overtime Hours On January 1, 2013, AB 2103 went into effect, explicitly overturning the case of Arechiga v. Delores Press, Inc., 192 Cal. App. 4th 567 (2011), and prohibiting compensation agreements that guarantee nonexempt employees a fixed…more Compensation Agreements, Non-Exempt Employees, Over-Time, Wage and Hour, Wages	See All Updates »
Matthew Portnoff	FTB Announces Temporary Reprieve on Retroactive Assessment of Qualified Small Business Stock Taxes On January 8, 2013, we published a newsletter (a copy of which can be found here) detailing the Franchise Tax Board's ("FTB") questionable legal and policy decision to begin collecting on a retroactive basis approximately $150…more Cutler v Franchise Tax Board, Franchise Tax Board, Income Taxes, Qualified Small Business Stock, Statute of Limitations	See All Updates »
Seth Reagan	Policing the Internet for Copyright Infringement: An Owner's Burden Courts considering the perplexing copyright questions created by the Internet have been remarkably consistent in one area. A large body of case law provides significant protections to online service providers and places…more Content Aggregators, Copyright, DMCA, Infringement, Internet Service Providers	See All Updates »
Vivian Redsar	Ringing in the New Year with Revised Estate and Gift Tax Laws Congress has averted the so-called fiscal cliff by passing the "American Taxpayer Relief Act of 2012" (the "Act") on January 1, 2013, which President Obama signed into law the following day. The good news is we finally have…more American Taxpayer Relief Act, Estate Tax, Exemptions, Fiscal Cliff, Generation-Skipping Transfer	See All Updates »
Harold P. Reichwald	BSA Compliance Fails, Go to Jail: A New Challenge for Directors and Officers of Financial Institutions For many years the government has encouraged directors and officers of corporations to ensure that they have robust compliance programs to detect and prevent violations of law. This is especially important in regulated…more Anti-Money Laundering, Bank Secrecy Act, Compliance, Deferred Prosecution Agreements, DOJ	See All Updates »
Justin Rodriguez	Time and Tide Wait for No Appellant: A Recent Ninth Circuit Decision Reflects the Importance of Determining When a Post-Judgment Motion Tolls the Appellate Clock A recent Ninth Circuit decision makes clear that federal appellate procedure adheres to an old maxim: time and tide wait for no man. In other words, if you intend to appeal a decision in federal court, do not wait around. In…more Federal Rules of Appellate Procedure, Injunctions, Jurisdiction, Motion To Reconsider	See All Updates »
Jessica Rosen	Pregnancy Disability Leave: Not a Matter of Simple Math Recent case law confirms the need for employers to be cautious about mechanically applying pregnancy disability leave laws without considering the implications of the Fair Employment and Housing Act…more FEHA, Hiring & Firing, Interactive Process, Medical Leave, Pregnancy Disability Leave Law	See All Updates »
Andrew Satenberg	Pregnancy Disability Leave: Not a Matter of Simple Math Recent case law confirms the need for employers to be cautious about mechanically applying pregnancy disability leave laws without considering the implications of the Fair Employment and Housing Act…more FEHA, Hiring & Firing, Interactive Process, Medical Leave, Pregnancy Disability Leave Law	See All Updates »
Susan M. Schmidt	Argentina: Then, Now and Next? Flash back ten years, and Argentina enjoyed an average annual growth of 9%, was the strongest economy in Latin America and considered an impending rival to the up-and-coming BRIC countries. Over the ensuing years, as employment…more Commodities, Economic Injuries, Economic Loss Doctrine, Inflation Adjustments, International Monetary Fund	See All Updates »
Benjamin G. Shatz	Rubbernecking on the Ethics Highway California is justly famous for its highways. But human operation of vehicles makes accidents on the road inevitable. Equally inevitable is rubbernecking: gawking at carnage resulting from highway mishaps. Many drivers simply…more Attorney's Fees, Bar Admission, Conflicts of Interest, Ethics, Sanctions	See All Updates »
Jeremiah P. Sheehan	Insurance Law -- Nov 19, 2012: New York Department of Financial Services Offices Closed Due to Hurricane Sandy The offices of the New York Department of Financial Services in downtown Manhattan have been closed due to damage to the building resulting from Hurricane Sandy. It is currently anticipated that the office at State Street, which…more	See All Updates »
Jennifer Sincavage	A Roadmap for Audit Committees in Meeting the Challenges Posed by Enhanced Regulatory Scrutiny Under the Dodd-Frank Act Audit committees must aid management in navigating an increasingly complex regulatory framework. Two recent developments arising from the passage and implementation of the Dodd-Frank Act have led to further challenges for audit…more Aiding and Abetting, Audits, Chief Compliance Officers, Compliance, Comptroller	See All Updates »
Neil Swartzberg	Mobile banking and the Federal Circuit's "divided infringement" decisions The rapid growth of the mobile banking industry, the raft of litigation that has followed such growth, and why the Federal Circuit's much-anticipated "divided infringement" decisions in Akamai v. Limelight and McKesson v. Epic…more Covered Business Method Patents, Divided Infringement, Mobile Banking, Technology	See All Updates »
Barrie VanBrackle	Lessons from the Automated Electronic Checking Inc. Case Recent action by the Federal Trade Commission against a third party processor found to be processing transactions for a merchant engaged in wrong-doing, indicates the necessity of processors employing adequate due diligence and…more Due Diligence, Electronic Checks, FTC, MasterCard, Third-Party Liability	See All Updates »
Charles Washburn, Jr.	Advertising Law -- Jun 07, 2013 SPECIAL FOCUS: CFPB - The Dodd-Frank Act provides that the Consumer Financial Protection Bureau ("CFPB") may take action against certain persons who engage in unfair, deceptive or abusive acts or practices…more CFPB, Class Action, Dodd-Frank, False Advertising, Kohls	See All Updates »
H. H. Sean Wee	Financial Advisor Topics in Hostile Takeover Defenses Originally published in Bloomberg BNA Mergers & Acquisitions Law Report, 15 MALR 1667, 11/26/12. A Discussion of Fee Arrangements, Potential Conflicts and Inadequacy Opinions - The M&A market has continued to experience…more	See All Updates »
Alison White	California Supreme Court Upholds “Mixed Motive” Defense in Employment Discrimination Cases In a long-awaited ruling issued Thursday, February 7, 2013, the California Supreme Court affirmed the Court of Appeal's decision overturning a damages verdict against the City of Santa Monica, finding that employers may properly…more Discrimination, Harris v City of Santa Monica, Hiring & Firing, Mixed Motive Cases, Pregnancy Discrimination	See All Updates »

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