Morgan Lewis

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Attorney	Latest Publications
Robert Abramowitz	New Opinion and Advisory Program for Pre-Approved 403(b) Plans The IRS releases new procedures and sample plan language to assist 403(b) plan sponsors in obtaining pre-approval of 403(b) plan documents and to ensure documentary compliance with 403(b) requirements…more 403(b) Plans, Advisory Opinions, IRS, Pre-approval, Required Documentation	See All Updates »
David Ackerman	Court Upholds Validity of ERISA Fiduciary Indemnification Ruling rejects DOL challenge of an agreement by a 100% ESOP-owned company to advance defense costs and indemnify a trustee…more DOL, ERISA, ESOP, Indemnification, Legal Costs	See All Updates »
Anatoly Alexandrov	Bank of Russia Adopts Basel III Regulation Any subordinated debt, including Eurobonds, issued after 1 March 2013 must comply with the new rules in order to qualify as regulatory capital…more Bank of Russia, Basel III, Bonds, Debt	See All Updates »
Rochelle Alpert	ICANN Publishes Pricing for Trademark Clearinghouse As ICANN moves toward its expansion of Internet top-level domains, trademark owners should consider strategies to protect their brands. The Internet Corporation for Assigned Names and Numbers (ICANN) has announced the fee…more Domain Names, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Andy R. Anderson	Employer Tax Considerations for Supreme Court’s Pending DOMA Decision High Court considers the constitutionality of DOMA, which may create tax-refund opportunities for employers and employees before April 15…more DOMA, Employment Tax, FICA Taxes, SCOTUS, Tax Refunds	See All Updates »
Sarah Andrews	DOL Publishes New FMLA Regulations Final rule takes effect on March 8 and makes changes to model certification forms, intermittent leave, exigency and military caregiver leave, and flight crew rules. On February 6, the U.S. Department of Labor (DOL)…more Active Duty, Airline Employees, DOL, Exigent Circumstances, FMLA	See All Updates »
Sarah Ash	European Court of Human Rights Supports the Right to Wear a Cross at Work Court provides clarity for UK employers on wearing religious symbols in the workplace, but difficulties in balancing issues of religion and sexuality remain…more Britsh Airways, Discrimination, Dress Codes, EU, European Court of Human Rights	See All Updates »
Rachel Ashwood	One Step Closer to Boardroom Equality in the UK? Reports show that the number of female board members at UK-listed companies continues to grow but that the rate of appointments must increase to meet targets for gender-balanced boardrooms…more Board of Directors, Gender Equity	See All Updates »
Frances Emmeline Babb	IRS Issues Regulations for Type III Supporting Organizations Type III supporting organizations should take steps to comply with new regulations and funders should review due diligence procedures for grants made to these organizations. On December 21, 2012, the Internal Revenue…more Charitable Donations, IRS, Pension Protection Act of 2006, Private Foundations, Public Charities	See All Updates »
Alexandre Bailly	Recent French Case Law on Damages for Sudden Termination of Business | Essentiel de la jurisprudence française récente sur l’indemnisation de la rupture brutale des relations commerciales Companies should be aware that certain risks are attached to an insufficient notice period when terminating a business relationship. This summary schedule highlights the risks attached to an insufficient notice period in…more Breach of Contract, Damages, Termination	See All Updates »
Holly Barker	HHS OIG Issues Revised Self-Disclosure Protocol OIG touts substantial benefits of disclosing, provides greater detail for different types of disclosures, and captures 15 years of OIG Self-Disclosure Protocol experience…more Anti-Kickback Statute, Damages, HHS, OIG, Self-Disclosure Requirements	See All Updates »
Lisa H. Barton	PBGC Proposes New Regulations Under Reportable Events Rule New rules signal relief for financially sound plans and plan sponsors and are consistent with PBGC's section 4062(e) enforcement policy for "plant shutdown" liability…more Benefit Plan Sponsors, Enforcement Actions, ERISA, PBGC, Proposed Regulation	See All Updates »
John Battenfeld	CAFA Jurisdiction Cannot Be Evaded by Limiting Amount in Controversy The U.S. Supreme Court holds in a 9–0 decision that class action plaintiffs cannot promise to limit damages in an effort to remain below the Class Action Fairness Act's $5 million federal jurisdictional threshold…more Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction	See All Updates »
Jacqueline Berman	FDA Flexes Its FSMA Muscles, Initiates Mandatory Recall Recall notification suggests the agency is ready and willing to use its new, enhanced enforcement authority. On February 13, the U.S. Food and Drug Administration (FDA) began its first enforcement action under the…more FDA, FSMA, Notice Requirements, Product Recalls	See All Updates »
Glen S. Bernstein	FERC Refines Priority Rights to Participant-Funded Transmission Developers are provided more freedom in capacity allocation negotiations, but greater transparency of the process is required. …more FERC, Participant Funded Transmission Projects	See All Updates »
M. Elizabeth Bierman	IRS Issues Device Tax Regulations; Industry Braces for 2013 Implementation Pending the January 1 effective date, final regulations and interim guidance on the medical device excise tax provide some clarity but leave many questions unanswered. On December 7, the Internal Revenue Service (IRS)…more Excise Tax, IRS, Medical Devices	See All Updates »
George Billinson	FERC Lacks Authority Over Commodity Futures Contracts The D.C. Circuit clarifies that FERC may prohibit manipulative trading only in markets outside of the CFTC's exclusive jurisdiction over commodity futures contracts. On March 15, the U.S. Court of Appeals for the District…more CFTC, Commodity Futures Contracts, Exclusive Jurisdiction, FERC, Natural Gas	See All Updates »
Robert Bittman	Canadian Government Announces Proposed Amendments to Anticorruption Law Amendments aim to improve enforcement of Canadian foreign corruption law by expanding jurisdiction, creating a books and records offense, eliminating the facilitation payments exception, redefining "business" and enforcement…more Anti-Corruption, Books & Records, Bribery, CFPOA, Corruption	See All Updates »
Stephanie A. Blair	Court Permits Combination of Predictive Coding and Keyword Search Focusing on precision rather than recall, district court finds that process complies with discovery obligations…more Discovery, Document Review, Keyword Search, Predictive Coding	See All Updates »
Eric S. Bord	Are You Using the Correct Form I-9? Use of the new form is mandatory starting May 7, 2013. As we reported earlier, on March 8, the U.S. Citizenship and Immigration Services (USCIS) announced a newly revised Employment Eligibility Verification form, Form…more Deadlines, Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Daniel Bordoni	D.C. Circuit Rules NLRB Recess Appointments Unconstitutional The ruling places in substantial doubt the validity of any NLRB decision or action since January 4, 2012, and calls into question the scope of the president's recess appointment power more generally. On January 25, in Noel…more Barack Obama, Canning v NLRB, NLRB, Political Appointments, Pro Forma Sessions	See All Updates »
David R. Brenneman	FTC Raises Hart­-Scott­-Rodino Thresholds Transactions closing as of February 11 will be subject to increased HSR Act jurisdictional and filing fee thresholds. On January 10, the Federal Trade Commission (FTC) announced that it will raise the Hart-Scott-Rodino…more DOJ, FTC, Hart-Scott-Rodino Act, Threshhold Requirements	See All Updates »
Carter Brod	Bank of Russia Adopts Basel III Regulation Any subordinated debt, including Eurobonds, issued after 1 March 2013 must comply with the new rules in order to qualify as regulatory capital…more Bank of Russia, Basel III, Bonds, Debt	See All Updates »
David Broderdorf	D.C. Circuit Rules NLRB Notice-Posting Requirement Invalid Notice Rule remains inoperative as court holds that it conflicts with NLRA's statutory language. On May 7, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in National Association of…more NLRB, Notice Requirements, Posting Requirements	See All Updates »
Michele L. Buenafe	Final Sunshine Act Arrives: Now the Hard Part The Centers for Medicare and Medicaid Services (CMS) issued the final regulations on the U.S. Sunshine Act on February 8, 2013. Transparency Reports and Reporting of Physician Ownership or Investment Interests, 78 Fed. Reg. 9458…more Affordable Care Act, CMS, Healthcare, Manufacturers, Medical Devices	See All Updates »
P. Georgia Bullitt	Federal Reserve Adopts Retail Forex Rules Standards for banking organizations regulated by the Federal Reserve for Retail Forex are generally comparable to rules adopted by other regulators. …more Banking Industry Regulations, Disclosure Requirements, Dispute Resolution, Dodd-Frank, Eligible Contract Participant	See All Updates »
Greta Burkholder	FTC Raises Hart­-Scott­-Rodino Thresholds Transactions closing as of February 11 will be subject to increased HSR Act jurisdictional and filing fee thresholds. On January 10, the Federal Trade Commission (FTC) announced that it will raise the Hart-Scott-Rodino…more DOJ, FTC, Hart-Scott-Rodino Act, Threshhold Requirements	See All Updates »
Lisa Stephanian Burton	Are You Using the Correct Form I-9? Use of the new form is mandatory starting May 7, 2013. As we reported earlier, on March 8, the U.S. Citizenship and Immigration Services (USCIS) announced a newly revised Employment Eligibility Verification form, Form…more Deadlines, Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Karen Butcher	ICANN Publishes Pricing for Trademark Clearinghouse As ICANN moves toward its expansion of Internet top-level domains, trademark owners should consider strategies to protect their brands. The Internet Corporation for Assigned Names and Numbers (ICANN) has announced the fee…more Domain Names, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Daniele Capasso	CMS Aims to Grease the Reporting Wheels for Medicare Fraud and Abuse Proposed rule would substantially increase rewards for fraud tips and enhance billing revocation authority. On April 29, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule (Proposed Rule) that…more CMS, Fraud and Abuse, Incentive Awards, Medicare, Proposed Regulation	See All Updates »
Lorraine M. Casto	District Court Issues New ESI Guidelines The trend toward increased judicial involvement in eDiscovery to lower litigation costs and promote cooperation among litigants takes another leap forward in the Northern District of California. The U.S. District Court for…more ESI Guidelines	See All Updates »
Edward Chaney	IRS Issues Final Report on Colleges and Universities Compliance Project Report offers lessons for many tax-exempt organizations on unrelated business taxable income and executive compensation…more Business Taxes, Executive Compensation, Exempt Organizations, IRS, Tax Exemptions	See All Updates »
Lucas S. Chang	Conclusion of 18th Party Congress Sets New Leadership for China In a significant, once-in-a-decade transition in leadership, Xi Jinping assumes the role of General Secretary of the Communist Party of the People's Republic of China. The 18th National Congress of the Communist Party of…more	See All Updates »
Yulia Cherkassova	Bank of Russia Adopts Basel III Regulation Any subordinated debt, including Eurobonds, issued after 1 March 2013 must comply with the new rules in order to qualify as regulatory capital…more Bank of Russia, Basel III, Bonds, Debt	See All Updates »
Michael Clayton	Enforcement Implications of Already, LLC v. Nike, Inc. Brand owner's broad covenant not to sue may render invalidity counterclaims moot. On January 9, the U.S. Supreme Court in Already, LLC v. Nike, Inc. held that a plaintiff trademark owner's dismissal of its infringement…more Already LLC, Covenant Not to Sue, Mootness, Nike, SCOTUS	See All Updates »
Michele Coffey	CFPB Issues Final Ability-to-Repay and Qualified Mortgage Rule Rule lists criteria that lenders must consider in determining a prospective borrower has the ability to repay a loan and defines Dodd-Frank's concept of a "qualified mortgage." On January 10, the Consumer Financial Protection…more Ability-to-Repay, Borrowers, CFPB, Dodd-Frank, Lenders	See All Updates »
Charles Cohen	CMS Aims to Grease the Reporting Wheels for Medicare Fraud and Abuse Proposed rule would substantially increase rewards for fraud tips and enhance billing revocation authority. On April 29, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule (Proposed Rule) that…more CMS, Fraud and Abuse, Incentive Awards, Medicare, Proposed Regulation	See All Updates »
Kathleen Collins	CFPB Issues Final Ability-to-Repay and Qualified Mortgage Rule Rule lists criteria that lenders must consider in determining a prospective borrower has the ability to repay a loan and defines Dodd-Frank's concept of a "qualified mortgage." On January 10, the Consumer Financial Protection…more Ability-to-Repay, Borrowers, CFPB, Dodd-Frank, Lenders	See All Updates »
Franco Corrado	CAFA Jurisdiction Cannot Be Evaded by Limiting Amount in Controversy The U.S. Supreme Court holds in a 9–0 decision that class action plaintiffs cannot promise to limit damages in an effort to remain below the Class Action Fairness Act's $5 million federal jurisdictional threshold…more Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction	See All Updates »
Lewis Csedrik	New Protections for Government Contractor and Subcontractor Whistleblowers Enhanced rights and protections for whistleblowers under the National Defense Authorization Act take effect on July 1. Beginning July 1, 2013, government contractor whistleblowers will obtain substantial additional rights…more Contractors, NDAA, Subcontractors, Whistleblowers	See All Updates »
Douglas Davidson	IRS Releases “Start Construction” Guidance for Renewable Energy Facilities Long-awaited guidance regarding eligibility for production or investment tax credits largely tracks guidance under the Section 1603 cash grant program…more American Taxpayer Relief Act, Begun Construction Test, Investment Tax Credits, IRS, Physical Work Test	See All Updates »
Ann-Marie Davies	Guidelines Monitoring Group Updates Walker Guidelines Update does not amend guidelines but includes illustrations of best-practice reporting. On 20 February, the Guidelines Monitoring Group (GMG), an independent body providing oversight on disclosure issues, published an…more Financial Services Authority, Private Equity, The Walker Guidelines	See All Updates »
Heather Deixler	Protections to Be Extended for Electronic Health Record Donations CMS and OIG issue similar proposed rules to modify the electronic health record exception and safe harbor. On April 10, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) of the…more CMS, EHR, Final Rules, OIG, Proposed Amendments	See All Updates »
Roderick K. Donnelly	IRS Issues Device Tax Regulations; Industry Braces for 2013 Implementation Pending the January 1 effective date, final regulations and interim guidance on the medical device excise tax provide some clarity but leave many questions unanswered. On December 7, the Internal Revenue Service (IRS)…more Excise Tax, IRS, Medical Devices	See All Updates »
Brian J. Dougherty	PBGC Proposes New Regulations Under Reportable Events Rule New rules signal relief for financially sound plans and plan sponsors and are consistent with PBGC's section 4062(e) enforcement policy for "plant shutdown" liability…more Benefit Plan Sponsors, Enforcement Actions, ERISA, PBGC, Proposed Regulation	See All Updates »
William Doyle Jr.	OFCCP Expands Compensation Discrimination Enforcement New directive outlines audit procedures and evaluation standards that will likely lead to extensive compensation audits and increased allegations of pay and job assignment discrimination…more Compensation & Benefits, Discrimination, Gender-Based Pay Discrimination, OFCCP	See All Updates »
Ron Dreben	Update on ICANN’s New gTLD Program Brand owners should prepare for Internet expansion in 2013. Despite numerous concerns voiced by governments, law enforcement, brand owners, and businesses, the Internet Corporation for Assigned Names and Numbers (ICANN)…more Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Sean Duffy	Antitrust Law: 2012 Highlights In 2012, the Antitrust Division (Division) of the U.S. Department of Justice won several significant convictions, both at trial and through guilty pleas, while the merger enforcement efforts of the Division and the Federal Trade…more Apple, ATM Fee Antitrust Litigation, ATMs, Automotive Industry, Deutsche Bank	See All Updates »
Mary Dunbar	Select SEC and FINRA Cases and Developments: 2012 Year in Review In 2012, the SEC and FINRA continued their vigorous enforcement of the securities laws, rules, and regulations—with cases against broker-dealers, investment advisers, and investment companies accounting for 38% of the SEC…more Broker-Dealer, Enforcement Actions, FINRA, Investment Adviser, SEC	See All Updates »
Matthew Elkin	IRS Issues Final Report on Colleges and Universities Compliance Project Report offers lessons for many tax-exempt organizations on unrelated business taxable income and executive compensation…more Business Taxes, Executive Compensation, Exempt Organizations, IRS, Tax Exemptions	See All Updates »
Kimberly Eney	IRS Issues Final Report on Colleges and Universities Compliance Project Report offers lessons for many tax-exempt organizations on unrelated business taxable income and executive compensation…more Business Taxes, Executive Compensation, Exempt Organizations, IRS, Tax Exemptions	See All Updates »
Anne Marie Estevez	DOL Proposes Survey on Independent Contractor Misclassification The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations. …more DOL, Independent Contractors, Misclassification, Right To Know, Surveys	See All Updates »
Tracy Evlogidis	Are You Using the Correct Form I-9? Use of the new form is mandatory starting May 7, 2013. As we reported earlier, on March 8, the U.S. Citizenship and Immigration Services (USCIS) announced a newly revised Employment Eligibility Verification form, Form…more Deadlines, Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Robert Bradford "Brad" Farrar	Canadian Government Approves CNOOC’s Acquisition of Nexen Monumental US$15.1 billion acquisition results in the largest foreign acquisition by a Chinese company to date. On December 7, the Canadian government approved the acquisition of Calgary, Alberta–based petroleum company…more CFIUS, China, Foreign Investment, Investment Canada Act, Petroleum	See All Updates »
Stephen Farrell	Deadline Approaches for Amending Compensation Committee Charters Companies must comply with certain final NYSE and NASDAQ listing rules by July 1. By July 1, affected companies must comply with recent amendments to the listing rules of the New York Stock Exchange (NYSE) and the NASDAQ…more Compensation Committee, Dodd-Frank, Exemptions, Nasdaq, NYSE	See All Updates »
Saghi "Sage" Fattahian	Final Rules Under HIPAA/HITECH Impact Employer Plans Modifications to the rules require action by group health plan sponsors and their vendors, including revisions to policies and procedures and new privacy notices. On January 17, the Office for Civil Rights of the U.S…more Business Associates, Data Breach, Data Protection, Electronic Medical Records, Employer Group Health Plans	See All Updates »
Joseph Fay	U.S. Supreme Court Rejects Class Certification in Comcast v. Behrend High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions. …more Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart	See All Updates »
J. Kevin Fee	Enforcement Implications of Already, LLC v. Nike, Inc. Brand owner's broad covenant not to sue may render invalidity counterclaims moot. On January 9, the U.S. Supreme Court in Already, LLC v. Nike, Inc. held that a plaintiff trademark owner's dismissal of its infringement…more Already LLC, Covenant Not to Sue, Mootness, Nike, SCOTUS	See All Updates »
Mark D. Fitterman	SEC Permits Portfolio Margining of Credit Default Swaps Order grants exemptive relief from Exchange Act requirements; parallel CFTC relief expected soon. On December 14, the Securities and Exchange Commission (SEC) issued an order granting exemptive relief (Exemptive Order)…more Broker-Dealer, CEA, CFTC, Derivatives Clearing Organizations, Exemptive Orders	See All Updates »
Anne Flannery	Select SEC and FINRA Cases and Developments: 2012 Year in Review In 2012, the SEC and FINRA continued their vigorous enforcement of the securities laws, rules, and regulations—with cases against broker-dealers, investment advisers, and investment companies accounting for 38% of the SEC…more Broker-Dealer, Enforcement Actions, FINRA, Investment Adviser, SEC	See All Updates »
Gemma Formby	ESMA Publishes Draft Standards for Prospectus Supplements Aim of proposed regulatory technical standards and consultation paper is to clarify the list of events that will trigger the automatic requirement for a supplement…more ESMA, EU, European Commission, Prospectus, Supplementation Requirements	See All Updates »
David Freese	SEC Warns About Exemptive Order Compliance Division of Investment Management's guidance reminds firms to comply with conditions and representations in exemptive orders and notes that consequences for noncompliance may be "severe."…more Compliance, ETFs, Exemptive Orders, OCIE, OIG	See All Updates »
Ross Friedman	D.C. Circuit Rules NLRB Notice-Posting Requirement Invalid Notice Rule remains inoperative as court holds that it conflicts with NLRA's statutory language. On May 7, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in National Association of…more NLRB, Notice Requirements, Posting Requirements	See All Updates »
Jonathan Fritts	D.C. Circuit Rules NLRB Recess Appointments Unconstitutional The ruling places in substantial doubt the validity of any NLRB decision or action since January 4, 2012, and calls into question the scope of the president's recess appointment power more generally. On January 25, in Noel…more Barack Obama, Canning v NLRB, NLRB, Political Appointments, Pro Forma Sessions	See All Updates »
David Fuller	Employer Tax Considerations for Supreme Court’s Pending DOMA Decision High Court considers the constitutionality of DOMA, which may create tax-refund opportunities for employers and employees before April 15…more DOMA, Employment Tax, FICA Taxes, SCOTUS, Tax Refunds	See All Updates »
Margaret Gatti	SEC Reporting for Certain 2012 Iran-Related Transactions Mandatory requirements cover actions of issuers' foreign subsidiaries and affiliates. On August 10, 2012, section 219 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (the Act), 112 P.L. 158, added new…more Foreign Subsidiaries, Iran Threat Reduction and Syria Human Rights Act, OFAC, Reporting Requirements, SEC	See All Updates »
Malcolm K. Goeschl	Are You Using the Correct Form I-9? Use of the new form is mandatory starting May 7, 2013. As we reported earlier, on March 8, the U.S. Citizenship and Immigration Services (USCIS) announced a newly revised Employment Eligibility Verification form, Form…more Deadlines, Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Humberto Padilla Gonzalez	Mexico Reforms Federal Labor Law | México Reforma la Ley Federal del Trabajo Amendments address several legal loopholes and will substantially affect labor relationships in the country. During his last day in office, President Felipe de Jesús Calderón enacted a number of major amendments (the Labor…more Harassment, International Labor Laws, Outsourcing, Wage and Hour	See All Updates »
Gemma Goodhead	UK Border Agency Makes Changes to Tier 2 of the Points-Based System Statement of intent includes changes to salary thresholds, advertisement requirements, and application fees. The UK Border Agency (UKBA) released its "Statement of Intent: Codes of Practice for skilled workers" with…more UKBA, Visas	See All Updates »
Paul Gordon	IRS Releases “Start Construction” Guidance for Renewable Energy Facilities Long-awaited guidance regarding eligibility for production or investment tax credits largely tracks guidance under the Section 1603 cash grant program…more American Taxpayer Relief Act, Begun Construction Test, Investment Tax Credits, IRS, Physical Work Test	See All Updates »
Sean Graber	SEC Warns About Exemptive Order Compliance Division of Investment Management's guidance reminds firms to comply with conditions and representations in exemptive orders and notes that consequences for noncompliance may be "severe."…more Compliance, ETFs, Exemptive Orders, OCIE, OIG	See All Updates »
Nicholas Greenwood	Rubin: Enforcement of US Judgments in England UK Supreme Court decision confirms traditional rules on enforcement of all US judgments in England and reverses a significant liberalisation of cross-border bankruptcy law…more Cross-Border, Enforcement, EU, Foreign Judgments, Foreign Jurisdictions	See All Updates »
Carly Grey	IRS Updates and Expands Qualification Correction Program New provisions for correcting operational and plan document errors take effect on April 1. On December 31, 2012, the Internal Revenue Service (IRS) updated its Employee Plans Compliance Resolution System (EPCRS) through the…more Benefit Plan Sponsors, EPCRS, ERISA, IRS, Retirement Plan	See All Updates »
Linda Griggs	SEC Issues Guidance on Social Media and Regulation FD Public companies are encouraged to rigorously analyze SEC guidance prior to disseminating material information via social media…more Disclosure Requirements, Publicly-Traded Companies, Regulation FD, SEC, Social Media	See All Updates »
Dana Gross	Update on ICANN’s New gTLD Program Brand owners should prepare for Internet expansion in 2013. Despite numerous concerns voiced by governments, law enforcement, brand owners, and businesses, the Internet Corporation for Assigned Names and Numbers (ICANN)…more Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
E.S. Kate Habershon	Tax Measures in 2013 UK Budget UK government supports businesses, focusing on the UK's competitiveness while clamping down on tax avoidance and evasion. On 20 March, UK Chancellor of the Exchequer George Osborne released the UK's 2013 budget. The…more Asset Management, Corporate Taxes, Economic Development, EU, Multinationals	See All Updates »
Owen Hammond	Cyprus Bailout: Potential Recourse for Lost Investments Large depositors in Cyprus's two largest banks may consider international arbitration and appeals to the European courts to recover funds lost under the bailout plan…more Bilateral Investment Treaties, Central Bank of Cyprus, Cyprus Bailout, EU, European Court of Human Rights	See All Updates »
Xavier Haranger	Recent French Case Law on Damages for Sudden Termination of Business | Essentiel de la jurisprudence française récente sur l’indemnisation de la rupture brutale des relations commerciales Companies should be aware that certain risks are attached to an insufficient notice period when terminating a business relationship. This summary schedule highlights the risks attached to an insufficient notice period in…more Breach of Contract, Damages, Termination	See All Updates »
Ivan Harris	Select SEC and FINRA Cases and Developments: 2012 Year in Review In 2012, the SEC and FINRA continued their vigorous enforcement of the securities laws, rules, and regulations—with cases against broker-dealers, investment advisers, and investment companies accounting for 38% of the SEC…more Broker-Dealer, Enforcement Actions, FINRA, Investment Adviser, SEC	See All Updates »
Mark Haskell	FERC Lacks Authority Over Commodity Futures Contracts The D.C. Circuit clarifies that FERC may prohibit manipulative trading only in markets outside of the CFTC's exclusive jurisdiction over commodity futures contracts. On March 15, the U.S. Court of Appeals for the District…more CFTC, Commodity Futures Contracts, Exclusive Jurisdiction, FERC, Natural Gas	See All Updates »
Jonathan Havens	Final Sunshine Act Arrives: Now the Hard Part The Centers for Medicare and Medicaid Services (CMS) issued the final regulations on the U.S. Sunshine Act on February 8, 2013. Transparency Reports and Reporting of Physician Ownership or Investment Interests, 78 Fed. Reg. 9458…more Affordable Care Act, CMS, Healthcare, Manufacturers, Medical Devices	See All Updates »
C. Erik Hawes	Federal Circuit Fails to Set Clear Standard for Patent Eligibility In an opinion that was poised to set a single standard governing the patent eligibility of computer-implemented inventions, no majority is reached…more Computer-Related Inventions, Patent-Eligible Subject Matter, Patents	See All Updates »
Katerina Heal	Tax Measures in 2013 UK Budget UK government supports businesses, focusing on the UK's competitiveness while clamping down on tax avoidance and evasion. On 20 March, UK Chancellor of the Exchequer George Osborne released the UK's 2013 budget. The…more Asset Management, Corporate Taxes, Economic Development, EU, Multinationals	See All Updates »
Kristofor Henning	CAFA Jurisdiction Cannot Be Evaded by Limiting Amount in Controversy The U.S. Supreme Court holds in a 9–0 decision that class action plaintiffs cannot promise to limit damages in an effort to remain below the Class Action Fairness Act's $5 million federal jurisdictional threshold…more Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction	See All Updates »
Mary Hevener	Employer Tax Considerations for Supreme Court’s Pending DOMA Decision High Court considers the constitutionality of DOMA, which may create tax-refund opportunities for employers and employees before April 15…more DOMA, Employment Tax, FICA Taxes, SCOTUS, Tax Refunds	See All Updates »
Robert Hibbert	FDA Flexes Its FSMA Muscles, Initiates Mandatory Recall Recall notification suggests the agency is ready and willing to use its new, enhanced enforcement authority. On February 13, the U.S. Food and Drug Administration (FDA) began its first enforcement action under the…more FDA, FSMA, Notice Requirements, Product Recalls	See All Updates »
W. Reece Hirsch	Protections to Be Extended for Electronic Health Record Donations CMS and OIG issue similar proposed rules to modify the electronic health record exception and safe harbor. On April 10, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) of the…more CMS, EHR, Final Rules, OIG, Proposed Amendments	See All Updates »
Nicholas Hobson	UK Tier 2 Annual Allocations UK Border Agency issues reminders regarding the annual allocation requests for unrestricted Tier 2 certificates of sponsorship for the year beginning 6 April 2013 and ending 5 April 2014…more	See All Updates »
Daniel Hogans	Court Affirms Discounted Stock Options Are Deferred Compensation Subject to Section 409A Court of Federal Claims agrees with the IRS position that section 409A applies to discounted stock options; holding is important for compensatory stock option grants. On February 27, the U.S. Court of Federal Claims ruled…more Deferred Compensation, IRS, Section 409A, Stock Options	See All Updates »
Victoria Hollinger	No Permits Required for Channeled Stormwater Discharges from Logging Roads Supreme Court ruling gives deference to EPA's interpretation of its own regulations. On March 20, the U.S. Supreme Court ruled in the consolidated cases of Decker v. Northwest Environmental Defense Center and…more Discharge of Pollutants, EPA, Logging, NPDES, SCOTUS	See All Updates »
Matthew Howse	One Step Closer to Boardroom Equality in the UK? Reports show that the number of female board members at UK-listed companies continues to grow but that the rate of appointments must increase to meet targets for gender-balanced boardrooms…more Board of Directors, Gender Equity	See All Updates »
Jeffrey N. Hurwitz	Is EPA Setting Its Sights on Hydraulic Fracturing Compounds? Agency implements rule requiring companies to disclose information regarding the use of certain industrial chemical substances commonly used in natural gas and oil well drilling…more Disclosure Requirements, EPA, Fracking	See All Updates »
Ben Indek	Select SEC and FINRA Cases and Developments: 2012 Year in Review In 2012, the SEC and FINRA continued their vigorous enforcement of the securities laws, rules, and regulations—with cases against broker-dealers, investment advisers, and investment companies accounting for 38% of the SEC…more Broker-Dealer, Enforcement Actions, FINRA, Investment Adviser, SEC	See All Updates »
Rene Johnson	DOL Publishes New FMLA Regulations Final rule takes effect on March 8 and makes changes to model certification forms, intermittent leave, exigency and military caregiver leave, and flight crew rules. On February 6, the U.S. Department of Labor (DOL)…more Active Duty, Airline Employees, DOL, Exigent Circumstances, FMLA	See All Updates »
Bruce Johnston	Cyprus Bailout: Potential Recourse for Lost Investments Large depositors in Cyprus's two largest banks may consider international arbitration and appeals to the European courts to recover funds lost under the bailout plan…more Bilateral Investment Treaties, Central Bank of Cyprus, Cyprus Bailout, EU, European Court of Human Rights	See All Updates »
Ainur Kaipova	Amendments to Kazakhstan’s Registration Law Key changes affect the registration and re-registration of legal entities in Kazakhstan. …more Applications, Legal Entities, Limited Liability Partnerships, Liquidation, Location Changes	See All Updates »
Dallas Kaplan	Canadian Government Announces Proposed Amendments to Anticorruption Law Amendments aim to improve enforcement of Canadian foreign corruption law by expanding jurisdiction, creating a books and records offense, eliminating the facilitation payments exception, redefining "business" and enforcement…more Anti-Corruption, Books & Records, Bribery, CFPOA, Corruption	See All Updates »
Amy Kelly	New Opinion and Advisory Program for Pre-Approved 403(b) Plans The IRS releases new procedures and sample plan language to assist 403(b) plan sponsors in obtaining pre-approval of 403(b) plan documents and to ensure documentary compliance with 403(b) requirements…more 403(b) Plans, Advisory Opinions, IRS, Pre-approval, Required Documentation	See All Updates »
Celia Kendrick	UK Employment Compensation Payments Increase Annual increase on certain statutory payments takes effect from 1 February. On 1 February, the annual increase on certain statutory payments comes into effect. The key changes are the following..…more Statutory Payments, Unfair Dismissal	See All Updates »
Jennifer Klass	Select SEC and FINRA Cases and Developments: 2012 Year in Review In 2012, the SEC and FINRA continued their vigorous enforcement of the securities laws, rules, and regulations—with cases against broker-dealers, investment advisers, and investment companies accounting for 38% of the SEC…more Broker-Dealer, Enforcement Actions, FINRA, Investment Adviser, SEC	See All Updates »
Benjamin D. Klein	The SEC Speaks: Enforcement Panel Discusses 2013 Priorities and Past Successes Changing SEC leadership defines its priorities for a new era of SEC enforcement. At the annual "The SEC Speaks" conference on February 22 in Washington, D.C., Acting Director George Canellos and other senior officials from…more Elisse B. Walter, Enforcement, FCPA, Mary Jo White, SEC	See All Updates »
Daniel Kleinman	DOL Clarifies Application of ERISA Rules to Cleared Swaps New guidance defers to the Dodd-Frank/CFTC framework for regulating the swaps clearing process. On February 7, the U.S. Department of Labor (DOL) issued an advisory opinion on the application of the ERISA fiduciary rules to…more Benefit Plan Sponsors, CFTC, Clearing Members, Derivatives Clearing Organizations, Dodd-Frank	See All Updates »
Kenneth Kliebard	CAFA Jurisdiction Cannot Be Evaded by Limiting Amount in Controversy The U.S. Supreme Court holds in a 9–0 decision that class action plaintiffs cannot promise to limit damages in an effort to remain below the Class Action Fairness Act's $5 million federal jurisdictional threshold…more Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction	See All Updates »
John Kober	Court Upholds Validity of ERISA Fiduciary Indemnification Ruling rejects DOL challenge of an agreement by a 100% ESOP-owned company to advance defense costs and indemnify a trustee…more DOL, ERISA, ESOP, Indemnification, Legal Costs	See All Updates »
Eric Kraeutler	Lanny Breuer Touts Robust, Transparent FCPA Enforcement Assistant Attorney General Breuer highlights transparency, global trends, and the benefits of robust compliance programs at the American Conference Institute's 28th National Conference on the Foreign Corrupt Practices Act…more Compliance, DOJ, FCPA, SEC	See All Updates »
Kenneth Kulak	IRS Releases “Start Construction” Guidance for Renewable Energy Facilities Long-awaited guidance regarding eligibility for production or investment tax credits largely tracks guidance under the Section 1603 cash grant program…more American Taxpayer Relief Act, Begun Construction Test, Investment Tax Credits, IRS, Physical Work Test	See All Updates »
Dmitry Kunitsa	Amendments to Russian Civil Code Related to Immovable Property Amended code, including provisions on state registration and notes of objection, will take effect on 1 March. On 30 December 2012, President of the Russian Federation Vladimir Putin approved proposed amendments to the…more Registration, Russian Civil Code	See All Updates »
Sergey Kvitkin	Corporate Aspects of the UK Financial Services Act 2012 Long-heralded reform of the UK financial services regulation architecture impacts the listed company regime. On 1 April, a new financial regulation architecture became operative in the UK through the Financial Services…more Bank of England, Financial Conduct Authority, Financial Services Act, Financial Services Authority, Listing Standards	See All Updates »
Richard LaFalce	FinCEN Announces Third Extension for Certain FBAR Filers Certain individuals having only signature authority over foreign financial accounts now have until June 30, 2014, to file the Report of Foreign Bank and Financial Accounts. …more FBAR, FinCEN, Foreign Banks, IRS, SEC	See All Updates »
Thomas J. Lang	Antitrust Enforcement in President Obama’s Second Term New leadership at the antitrust agencies is unlikely to change policies or priorities. Regardless of which political party wins a presidential election, the election cycle coincides with turnover in the leadership of…more	See All Updates »
Silvia LeBlanc	DOL Publishes New FMLA Regulations Final rule takes effect on March 8 and makes changes to model certification forms, intermittent leave, exigency and military caregiver leave, and flight crew rules. On February 6, the U.S. Department of Labor (DOL)…more Active Duty, Airline Employees, DOL, Exigent Circumstances, FMLA	See All Updates »
Rebecca Leon	Argentina Seeks Access to Financial Information on Nationals Argentina signs the OECD Convention, but it does not obtain automatic access to financial information. On September 13, 2012, the Organization for Economic Co-operation and Development (OECD) announced that Argentina…more Information Sharing, MCMAATM Convention, OECD, Tax Evasion	See All Updates »
Daniel Levin	SEC Warns About Exemptive Order Compliance Division of Investment Management's guidance reminds firms to comply with conditions and representations in exemptive orders and notes that consequences for noncompliance may be "severe."…more Compliance, ETFs, Exemptive Orders, OCIE, OIG	See All Updates »
Lauren Licastro	Final Rules Under HIPAA/HITECH Impact Employer Plans Modifications to the rules require action by group health plan sponsors and their vendors, including revisions to policies and procedures and new privacy notices. On January 17, the Office for Civil Rights of the U.S…more Business Associates, Data Breach, Data Protection, Electronic Medical Records, Employer Group Health Plans	See All Updates »
Thomas Linthorst	U.S. Supreme Court Rejects Class Certification in Comcast v. Behrend High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions. …more Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart	See All Updates »
Christine Liu	New People's Republic of China (PRC) Regulations for Centralized Procurement of Medical Consumables Contain Significant Penalties for Commercial Bribery On December 17 2012, China’s Ministry of Health, in conjunction with five other government agencies, issued the Trial Regulations on Centralized Procurement of High-Value Consumable Medical Supplies. These regulations, which…more Bribery, China, Medical Consumables, Ministry of Health, Penalties	See All Updates »
F. Mindy Lo	CFTC Adopts Tape-Recording and Recordkeeping Rules Final rules require tape recording by futures commission merchants, introducing brokers, retail foreign exchange dealers, and commodity trading advisors; affected CFTC registrants must implement systems to comply by December 21,…more Broker-Dealer, CFTC, Commodities, Compliance, Foreign Exchanges	See All Updates »
Charles Lubar	FinCEN Announces Third Extension for Certain FBAR Filers Certain individuals having only signature authority over foreign financial accounts now have until June 30, 2014, to file the Report of Foreign Bank and Financial Accounts. …more FBAR, FinCEN, Foreign Banks, IRS, SEC	See All Updates »
Albert Lung	SEC Approves Final NYSE and NASDAQ Compensation Committee Rules Companies are required to comply with certain of the new listing standards relating to compensation adviser independence by July 1, 2013. On January 11, 2013, the Securities and Exchange Commission (SEC) approved proposed…more Compensation Committee, Foreign Private Issuers, Listing Standards, Nasdaq, NYSE	See All Updates »
Sean Lynch	DOL Proposes Survey on Independent Contractor Misclassification The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations. …more DOL, Independent Contractors, Misclassification, Right To Know, Surveys	See All Updates »
Tim Lynch	DOL Proposes Survey on Independent Contractor Misclassification The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations. …more DOL, Independent Contractors, Misclassification, Right To Know, Surveys	See All Updates »
Stephen Mahinka	FDA Flexes Its FSMA Muscles, Initiates Mandatory Recall Recall notification suggests the agency is ready and willing to use its new, enhanced enforcement authority. On February 13, the U.S. Food and Drug Administration (FDA) began its first enforcement action under the…more FDA, FSMA, Notice Requirements, Product Recalls	See All Updates »
Christopher Mannion	U.S. Supreme Court Rejects Class Certification in Comcast v. Behrend High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions. …more Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart	See All Updates »
Christopher J. McAuliffe	EPA Provides Comfort to Prospective Tenants at Contaminated Properties Revised guidance details how tenants may benefit from the bona fide prospective purchaser protections under CERCLA. The U.S. Environmental Protection Agency (EPA) on December 5 issued revised guidance that addresses…more CERCLA, Cleanup Doctrine, Contaminated Properties, EPA, Renewable Energy	See All Updates »
Kathleen McDermott	Hospitals and Doctors Beware: OIG Issues Special Fraud Alert on Physician-Owned Entities Alert notes attributes and practices that produce substantial fraud and abuse risk. On March 26, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) issued its "Special Fraud…more Anti-Kickback Statute, Fraud, HHS, Medical Devices, OIG	See All Updates »
Brooke McGlinn	FERC Proposes Changes for Small Generator Interconnection Requests Proposed rule aims to reduce the time and cost involved in processing solar facility and other small generator requests. On January 17, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of…more Fast Track Process, FERC, SGIA, SGIP, Small Generators	See All Updates »
John D. McGrane	FERC Refines Priority Rights to Participant-Funded Transmission Developers are provided more freedom in capacity allocation negotiations, but greater transparency of the process is required. …more FERC, Participant Funded Transmission Projects	See All Updates »
Robert C. Mendelson	SEC Permits Portfolio Margining of Credit Default Swaps Order grants exemptive relief from Exchange Act requirements; parallel CFTC relief expected soon. On December 14, the Securities and Exchange Commission (SEC) issued an order granting exemptive relief (Exemptive Order)…more Broker-Dealer, CEA, CFTC, Derivatives Clearing Organizations, Exemptive Orders	See All Updates »
Scott A. Milner	District Court Issues New ESI Guidelines The trend toward increased judicial involvement in eDiscovery to lower litigation costs and promote cooperation among litigants takes another leap forward in the Northern District of California. The U.S. District Court for…more ESI Guidelines	See All Updates »
Matthew Miner	Canadian Government Announces Proposed Amendments to Anticorruption Law Amendments aim to improve enforcement of Canadian foreign corruption law by expanding jurisdiction, creating a books and records offense, eliminating the facilitation payments exception, redefining "business" and enforcement…more Anti-Corruption, Books & Records, Bribery, CFPOA, Corruption	See All Updates »
Christian Mixter	CFPB Issues Final Ability-to-Repay and Qualified Mortgage Rule Rule lists criteria that lenders must consider in determining a prospective borrower has the ability to repay a loan and defines Dodd-Frank's concept of a "qualified mortgage." On January 10, the Consumer Financial Protection…more Ability-to-Repay, Borrowers, CFPB, Dodd-Frank, Lenders	See All Updates »
Elizabeth M. N. Morris	Court Determines USPTO Is Undercalculating Patent Term Adjustments District court's decision could lead to a minimum of 17 years of post-issuance patent terms for most standard patents. On November 1, Judge T. S. Ellis, III, of the U.S. District Court for the Eastern District of Virginia…more	See All Updates »
Richard F. Morris	SEC Warns About Exemptive Order Compliance Division of Investment Management's guidance reminds firms to comply with conditions and representations in exemptive orders and notes that consequences for noncompliance may be "severe."…more Compliance, ETFs, Exemptive Orders, OCIE, OIG	See All Updates »
Gregory Needles	IRS Updates and Expands Qualification Correction Program New provisions for correcting operational and plan document errors take effect on April 1. On December 31, 2012, the Internal Revenue Service (IRS) updated its Employee Plans Compliance Resolution System (EPCRS) through the…more Benefit Plan Sponsors, EPCRS, ERISA, IRS, Retirement Plan	See All Updates »
Dana Nicoletti	Increasing Scrutiny of Consumer Data Collection Recent FTC and California Attorney General actions highlight the need to reassess privacy policies. The Federal Trade Commission (FTC) recently ordered the data brokerage industry to provide information on the collection…more Attorney Generals, COPPA, Data Collection, Data Protection, Delta Airlines	See All Updates »
Christian Nouel	France Releases Finance Bill for 2013 and Amended Finance Bill for 2012 | Loi de finances pour 2013 et Loi de finances rectificative pour 2012 English | Français: ..Measures Applicable to Companies | Mesures applicables aux entreprises ..Measures Applicable to Individuals | Mesures concernant les personnes physiques Bills provide a series of tax…more Capital Gains, Corporate Taxes, Deductions, Tax Credits, Tax Deductions	See All Updates »
John O'Brien	SEC Warns About Exemptive Order Compliance Division of Investment Management's guidance reminds firms to comply with conditions and representations in exemptive orders and notes that consequences for noncompliance may be "severe."…more Compliance, ETFs, Exemptive Orders, OCIE, OIG	See All Updates »
Georgina O'Hara	Final Rules Under HIPAA/HITECH Impact Employer Plans Modifications to the rules require action by group health plan sponsors and their vendors, including revisions to policies and procedures and new privacy notices. On January 17, the Office for Civil Rights of the U.S…more Business Associates, Data Breach, Data Protection, Electronic Medical Records, Employer Group Health Plans	See All Updates »
Carla Oakley	New Federal Statute Strengthens Trade Secret Protection Trade secret protection expanded to include products or services "used in or intended for use in interstate or foreign commerce." On December 28, 2012, President Barack Obama signed into law the Theft of Trade Secrets…more Aleynikov, Economic Espionage Act, Interstate Commerce, Misappropriation, Theft of Trade Secrets Clarification Act	See All Updates »
Tonya Oliver	CFPB Issues Final Ability-to-Repay and Qualified Mortgage Rule Rule lists criteria that lenders must consider in determining a prospective borrower has the ability to repay a loan and defines Dodd-Frank's concept of a "qualified mortgage." On January 10, the Consumer Financial Protection…more Ability-to-Repay, Borrowers, CFPB, Dodd-Frank, Lenders	See All Updates »
Rebecca Osowski	Final Sunshine Act Arrives: Now the Hard Part The Centers for Medicare and Medicaid Services (CMS) issued the final regulations on the U.S. Sunshine Act on February 8, 2013. Transparency Reports and Reporting of Physician Ownership or Investment Interests, 78 Fed. Reg. 9458…more Affordable Care Act, CMS, Healthcare, Manufacturers, Medical Devices	See All Updates »
Lauren Palmero	U.S. Supreme Court Rejects Class Certification in Comcast v. Behrend High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions. …more Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart	See All Updates »
Aude du Parc	Recent French Case Law on Damages for Sudden Termination of Business | Essentiel de la jurisprudence française récente sur l’indemnisation de la rupture brutale des relations commerciales Companies should be aware that certain risks are attached to an insufficient notice period when terminating a business relationship. This summary schedule highlights the risks attached to an insufficient notice period in…more Breach of Contract, Damages, Termination	See All Updates »
Christopher Parlo	DOL Proposes Survey on Independent Contractor Misclassification The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations. …more DOL, Independent Contractors, Misclassification, Right To Know, Surveys	See All Updates »
Anthony "Tony" Pavel	Is EPA Setting Its Sights on Hydraulic Fracturing Compounds? Agency implements rule requiring companies to disclose information regarding the use of certain industrial chemical substances commonly used in natural gas and oil well drilling…more Disclosure Requirements, EPA, Fracking	See All Updates »
Eleanor Pelta	Are You Using the Correct Form I-9? Use of the new form is mandatory starting May 7, 2013. As we reported earlier, on March 8, the U.S. Citizenship and Immigration Services (USCIS) announced a newly revised Employment Eligibility Verification form, Form…more Deadlines, Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Michael M. Philipp	Federal Reserve Adopts Retail Forex Rules Standards for banking organizations regulated by the Federal Reserve for Retail Forex are generally comparable to rules adopted by other regulators. …more Banking Industry Regulations, Disclosure Requirements, Dispute Resolution, Dodd-Frank, Eligible Contract Participant	See All Updates »
Gail Pierce	SEC Issues Guidance on Social Media and Regulation FD Public companies are encouraged to rigorously analyze SEC guidance prior to disseminating material information via social media…more Disclosure Requirements, Publicly-Traded Companies, Regulation FD, SEC, Social Media	See All Updates »
Kaitlyn L. Piper	SEC Warns About Exemptive Order Compliance Division of Investment Management's guidance reminds firms to comply with conditions and representations in exemptive orders and notes that consequences for noncompliance may be "severe."…more Compliance, ETFs, Exemptive Orders, OCIE, OIG	See All Updates »
Michael A. Piracci	Federal Reserve Adopts Retail Forex Rules Standards for banking organizations regulated by the Federal Reserve for Retail Forex are generally comparable to rules adopted by other regulators. …more Banking Industry Regulations, Disclosure Requirements, Dispute Resolution, Dodd-Frank, Eligible Contract Participant	See All Updates »
Alex Polonsky	Is EPA Setting Its Sights on Hydraulic Fracturing Compounds? Agency implements rule requiring companies to disclose information regarding the use of certain industrial chemical substances commonly used in natural gas and oil well drilling…more Disclosure Requirements, EPA, Fracking	See All Updates »
Michael Puma	DOL Proposes Survey on Independent Contractor Misclassification The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations. …more DOL, Independent Contractors, Misclassification, Right To Know, Surveys	See All Updates »
Gabriel Quihuis	IRS Releases “Start Construction” Guidance for Renewable Energy Facilities Long-awaited guidance regarding eligibility for production or investment tax credits largely tracks guidance under the Section 1603 cash grant program…more American Taxpayer Relief Act, Begun Construction Test, Investment Tax Credits, IRS, Physical Work Test	See All Updates »
Joseph Ragaglia	D.C. Circuit Rules NLRB Recess Appointments Unconstitutional The ruling places in substantial doubt the validity of any NLRB decision or action since January 4, 2012, and calls into question the scope of the president's recess appointment power more generally. On January 25, in Noel…more Barack Obama, Canning v NLRB, NLRB, Political Appointments, Pro Forma Sessions	See All Updates »
Swati Rawani	Supreme Court Rules for FTC in Hospital Merger Case Holding in Phoebe Putney case narrowly construes state-action exemption to antitrust laws. On February 19, in Federal Trade Commission v. Phoebe Putney Health System, Inc., the U.S. Supreme Court unanimously reversed a…more Acquisitions, Anti-Competitive, FTC, FTC v. Phoebe Putney Health System, Governmental Immunity	See All Updates »
Patrick Rehfield	Employer Tax Considerations for Supreme Court’s Pending DOMA Decision High Court considers the constitutionality of DOMA, which may create tax-refund opportunities for employers and employees before April 15…more DOMA, Employment Tax, FICA Taxes, SCOTUS, Tax Refunds	See All Updates »
Alexander Reid	IRS Issues Final Report on Colleges and Universities Compliance Project Report offers lessons for many tax-exempt organizations on unrelated business taxable income and executive compensation…more Business Taxes, Executive Compensation, Exempt Organizations, IRS, Tax Exemptions	See All Updates »
Jonathan M. Rich	Antitrust Law: 2012 Highlights In 2012, the Antitrust Division (Division) of the U.S. Department of Justice won several significant convictions, both at trial and through guilty pleas, while the merger enforcement efforts of the Division and the Federal Trade…more Apple, ATM Fee Antitrust Litigation, ATMs, Automotive Industry, Deutsche Bank	See All Updates »
Michael Richman	DOL Clarifies Application of ERISA Rules to Cleared Swaps New guidance defers to the Dodd-Frank/CFTC framework for regulating the swaps clearing process. On February 7, the U.S. Department of Labor (DOL) issued an advisory opinion on the application of the ERISA fiduciary rules to…more Benefit Plan Sponsors, CFTC, Clearing Members, Derivatives Clearing Organizations, Dodd-Frank	See All Updates »
John Ring	D.C. Circuit Rules NLRB Recess Appointments Unconstitutional The ruling places in substantial doubt the validity of any NLRB decision or action since January 4, 2012, and calls into question the scope of the president's recess appointment power more generally. On January 25, in Noel…more Barack Obama, Canning v NLRB, NLRB, Political Appointments, Pro Forma Sessions	See All Updates »
Celia Roady	IRS Issues Final Report on Colleges and Universities Compliance Project Report offers lessons for many tax-exempt organizations on unrelated business taxable income and executive compensation…more Business Taxes, Executive Compensation, Exempt Organizations, IRS, Tax Exemptions	See All Updates »
Harry Robins	FTC Raises Hart­-Scott­-Rodino Thresholds Transactions closing as of February 11 will be subject to increased HSR Act jurisdictional and filing fee thresholds. On January 10, the Federal Trade Commission (FTC) announced that it will raise the Hart-Scott-Rodino…more DOJ, FTC, Hart-Scott-Rodino Act, Threshhold Requirements	See All Updates »
Timothy Rolland	SEC Reporting for Certain 2012 Iran-Related Transactions Mandatory requirements cover actions of issuers' foreign subsidiaries and affiliates. On August 10, 2012, section 219 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (the Act), 112 P.L. 158, added new…more Foreign Subsidiaries, Iran Threat Reduction and Syria Human Rights Act, OFAC, Reporting Requirements, SEC	See All Updates »
Graham Rollins	Court Permits Combination of Predictive Coding and Keyword Search Focusing on precision rather than recall, district court finds that process complies with discovery obligations…more Discovery, Document Review, Keyword Search, Predictive Coding	See All Updates »
Louis Rothberg	SEC Reporting for Certain 2012 Iran-Related Transactions Mandatory requirements cover actions of issuers' foreign subsidiaries and affiliates. On August 10, 2012, section 219 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (the Act), 112 P.L. 158, added new…more Foreign Subsidiaries, Iran Threat Reduction and Syria Human Rights Act, OFAC, Reporting Requirements, SEC	See All Updates »
Zachary Rothstein	FDA Flexes Its FSMA Muscles, Initiates Mandatory Recall Recall notification suggests the agency is ready and willing to use its new, enhanced enforcement authority. On February 13, the U.S. Food and Drug Administration (FDA) began its first enforcement action under the…more FDA, FSMA, Notice Requirements, Product Recalls	See All Updates »
Ignacio A. Sandoval	SEC Permits Portfolio Margining of Credit Default Swaps Order grants exemptive relief from Exchange Act requirements; parallel CFTC relief expected soon. On December 14, the Securities and Exchange Commission (SEC) issued an order granting exemptive relief (Exemptive Order)…more Broker-Dealer, CEA, CFTC, Derivatives Clearing Organizations, Exemptive Orders	See All Updates »
Kathleen Sanzo	FDA Flexes Its FSMA Muscles, Initiates Mandatory Recall Recall notification suggests the agency is ready and willing to use its new, enhanced enforcement authority. On February 13, the U.S. Food and Drug Administration (FDA) began its first enforcement action under the…more FDA, FSMA, Notice Requirements, Product Recalls	See All Updates »
Eric P. Sarabia	Court Affirms Discounted Stock Options Are Deferred Compensation Subject to Section 409A Court of Federal Claims agrees with the IRS position that section 409A applies to discounted stock options; holding is important for compensatory stock option grants. On February 27, the U.S. Court of Federal Claims ruled…more Deferred Compensation, IRS, Section 409A, Stock Options	See All Updates »
Torsten Schwarze	Implementing Measures of European Market Infrastructure Regulation Take Effect New clearing, risk mitigation, and reporting obligations imposed on certain derivative contracts. On 15 March, the first six implementing measures of the European Market Infrastructure Regulation (EMIR) entered into…more Derivatives, Dodd-Frank, EMIR, EU, OTC	See All Updates »
Brian W. Shaffer	First Amendment Prohibits Criminal Prosecution of Truthful Off-Label Promotion Second Circuit holds that the government will be required to prove more than simple off-label promotion for misbranding prosecutions under the FDCA. On December 3, the U.S. Court of Appeals for the Second Circuit ruled in a…more FDCA, First Amendment, Off-Label Promotion, Off-Label Use, Pharmaceutical	See All Updates »
Marc J. Shanker	Lanny Breuer Touts Robust, Transparent FCPA Enforcement Assistant Attorney General Breuer highlights transparency, global trends, and the benefits of robust compliance programs at the American Conference Institute's 28th National Conference on the Foreign Corrupt Practices Act…more Compliance, DOJ, FCPA, SEC	See All Updates »
Peter Sharp	Cyprus Bailout: Potential Recourse for Lost Investments Large depositors in Cyprus's two largest banks may consider international arbitration and appeals to the European courts to recover funds lost under the bailout plan…more Bilateral Investment Treaties, Central Bank of Cyprus, Cyprus Bailout, EU, European Court of Human Rights	See All Updates »
Albert Shay	HHS OIG Issues Revised Self-Disclosure Protocol OIG touts substantial benefits of disclosing, provides greater detail for different types of disclosures, and captures 15 years of OIG Self-Disclosure Protocol experience…more Anti-Kickback Statute, Damages, HHS, OIG, Self-Disclosure Requirements	See All Updates »
Richard Shortz	IRS Releases “Start Construction” Guidance for Renewable Energy Facilities Long-awaited guidance regarding eligibility for production or investment tax credits largely tracks guidance under the Section 1603 cash grant program…more American Taxpayer Relief Act, Begun Construction Test, Investment Tax Credits, IRS, Physical Work Test	See All Updates »
Vladimir Shuster	Kazakhstan’s Bankruptcy Law Overhaul Key changes proposed in the new Rehabilitation and Bankruptcy Law affect involuntary petitions for bankruptcy, invalidations, trustees' avoidance powers, debtors' dissolution, and priority of claims…more Creditors, Debtors, Middle East, Proposed Legislation	See All Updates »
Aset Shyngyssov	Kazakhstan’s Bankruptcy Law Overhaul Key changes proposed in the new Rehabilitation and Bankruptcy Law affect involuntary petitions for bankruptcy, invalidations, trustees' avoidance powers, debtors' dissolution, and priority of claims…more Creditors, Debtors, Middle East, Proposed Legislation	See All Updates »
Robin M. Silva	Court Determines USPTO Is Undercalculating Patent Term Adjustments District court's decision could lead to a minimum of 17 years of post-issuance patent terms for most standard patents. On November 1, Judge T. S. Ellis, III, of the U.S. District Court for the Eastern District of Virginia…more	See All Updates »
Michelle Seldin Silverman	DOL Publishes New FMLA Regulations Final rule takes effect on March 8 and makes changes to model certification forms, intermittent leave, exigency and military caregiver leave, and flight crew rules. On February 6, the U.S. Department of Labor (DOL)…more Active Duty, Airline Employees, DOL, Exigent Circumstances, FMLA	See All Updates »
David Sirignano	SEC Approves Final NYSE and NASDAQ Compensation Committee Rules Companies are required to comply with certain of the new listing standards relating to compensation adviser independence by July 1, 2013. On January 11, 2013, the Securities and Exchange Commission (SEC) approved proposed…more Compensation Committee, Foreign Private Issuers, Listing Standards, Nasdaq, NYSE	See All Updates »
Eric W. Sitarchuk	Canadian Government Announces Proposed Amendments to Anticorruption Law Amendments aim to improve enforcement of Canadian foreign corruption law by expanding jurisdiction, creating a books and records offense, eliminating the facilitation payments exception, redefining "business" and enforcement…more Anti-Corruption, Books & Records, Bribery, CFPOA, Corruption	See All Updates »
J. Daniel Skees	FERC Proposes to Approve Overhaul of NERC Cybersecurity Standards Major revisions to the existing cybersecurity requirements for electric utilities will focus on greater protections for the most critical assets but will also ensure that all assets receive some level of protection…more	See All Updates »
Robert Smith	OFCCP Expands Compensation Discrimination Enforcement New directive outlines audit procedures and evaluation standards that will likely lead to extensive compensation audits and increased allegations of pay and job assignment discrimination…more Compensation & Benefits, Discrimination, Gender-Based Pay Discrimination, OFCCP	See All Updates »
Erica Smith-Klocek	First Amendment Prohibits Criminal Prosecution of Truthful Off-Label Promotion Second Circuit holds that the government will be required to prove more than simple off-label promotion for misbranding prosecutions under the FDCA. On December 3, the U.S. Court of Appeals for the Second Circuit ruled in a…more FDCA, First Amendment, Off-Label Promotion, Off-Label Use, Pharmaceutical	See All Updates »
Brett Snyder	FERC Lacks Authority Over Commodity Futures Contracts The D.C. Circuit clarifies that FERC may prohibit manipulative trading only in markets outside of the CFTC's exclusive jurisdiction over commodity futures contracts. On March 15, the U.S. Court of Appeals for the District…more CFTC, Commodity Futures Contracts, Exclusive Jurisdiction, FERC, Natural Gas	See All Updates »
Wayne Song	IRS Releases “Start Construction” Guidance for Renewable Energy Facilities Long-awaited guidance regarding eligibility for production or investment tax credits largely tracks guidance under the Section 1603 cash grant program…more American Taxpayer Relief Act, Begun Construction Test, Investment Tax Credits, IRS, Physical Work Test	See All Updates »
Rodrigo Dominguez Sotomayor	Mexico Reforms Federal Labor Law | México Reforma la Ley Federal del Trabajo Amendments address several legal loopholes and will substantially affect labor relationships in the country. During his last day in office, President Felipe de Jesús Calderón enacted a number of major amendments (the Labor…more Harassment, International Labor Laws, Outsourcing, Wage and Hour	See All Updates »
E. Andrew Southerling	The SEC Speaks: Enforcement Panel Discusses 2013 Priorities and Past Successes Changing SEC leadership defines its priorities for a new era of SEC enforcement. At the annual "The SEC Speaks" conference on February 22 in Washington, D.C., Acting Director George Canellos and other senior officials from…more Elisse B. Walter, Enforcement, FCPA, Mary Jo White, SEC	See All Updates »
Stephen Spina	FERC Proposes to Approve Overhaul of NERC Cybersecurity Standards Major revisions to the existing cybersecurity requirements for electric utilities will focus on greater protections for the most critical assets but will also ensure that all assets receive some level of protection…more	See All Updates »
Martin C. Stewart-Smith	Major Stimulus for Investment into New UK Gas-Fired Power Stations Government announcement of new initiatives, along with new gas strategy, will increase opportunities for investors in the UK power sector. On 5 December, the UK Government's Department of Energy and Climate Change released…more Oil & Gas	See All Updates »
Chelsea C. Stine	First Amendment Prohibits Criminal Prosecution of Truthful Off-Label Promotion Second Circuit holds that the government will be required to prove more than simple off-label promotion for misbranding prosecutions under the FDCA. On December 3, the U.S. Court of Appeals for the Second Circuit ruled in a…more FDCA, First Amendment, Off-Label Promotion, Off-Label Use, Pharmaceutical	See All Updates »
Thomas Sullivan	U.S. Supreme Court Rejects Class Certification in Comcast v. Behrend High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions. …more Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart	See All Updates »
Joyce Taber	U.S. Supreme Court Rejects Class Certification in Comcast v. Behrend High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions. …more Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart	See All Updates »
Ronald Tenpas	Is EPA Setting Its Sights on Hydraulic Fracturing Compounds? Agency implements rule requiring companies to disclose information regarding the use of certain industrial chemical substances commonly used in natural gas and oil well drilling…more Disclosure Requirements, EPA, Fracking	See All Updates »
George J. Terwilliger III	District Court Decision Limits the Extraterritorial Reach of the FCPA Judge in Siemens case seeks "limiting principle" for the exercise of personal jurisdiction over foreign defendants and concludes that mere support for a bribery scheme by a foreign defendant is insufficient to establish minimum…more Bribery, Extraterritoriality Rules, FCPA, Foreign Defendants, Minimum Contacts	See All Updates »
Nick Thomas	Employee Shareholders: It's Happening, but What Does it Mean? New Growth and Infrastructure Act introduces employee shareholder provisions that are expected to come into force later this year. On 25 April, the Growth and Infrastructure Act 2013 came into effect and, among other…more Employee Shareholders, Employment Rights Act, EU, TUPE	See All Updates »
Willard Tom	Supreme Court Rules for FTC in Hospital Merger Case Holding in Phoebe Putney case narrowly construes state-action exemption to antitrust laws. On February 19, in Federal Trade Commission v. Phoebe Putney Health System, Inc., the U.S. Supreme Court unanimously reversed a…more Acquisitions, Anti-Competitive, FTC, FTC v. Phoebe Putney Health System, Governmental Immunity	See All Updates »
R. Randall Tracht	New Opinion and Advisory Program for Pre-Approved 403(b) Plans The IRS releases new procedures and sample plan language to assist 403(b) plan sponsors in obtaining pre-approval of 403(b) plan documents and to ensure documentary compliance with 403(b) requirements…more 403(b) Plans, Advisory Opinions, IRS, Pre-approval, Required Documentation	See All Updates »
George Tsai	Fiscal Cliff Legislation Expands In-Plan Roth Conversion Opportunities American Taxpayer Relief Act extends the existing, limited in-plan Roth conversion option to all amounts under plans that allow elective deferrals, including those amounts not yet eligible for distribution. The American…more 401k, American Taxpayer Relief Act, Benefit Plan Sponsors, Fiscal Cliff, Roth Conversions	See All Updates »
Pamela C. Tsang	FERC Lacks Authority Over Commodity Futures Contracts The D.C. Circuit clarifies that FERC may prohibit manipulative trading only in markets outside of the CFTC's exclusive jurisdiction over commodity futures contracts. On March 15, the U.S. Court of Appeals for the District…more CFTC, Commodity Futures Contracts, Exclusive Jurisdiction, FERC, Natural Gas	See All Updates »
Ekaterina Tsvetkova	Amendments to Russian Civil Code Related to Immovable Property Amended code, including provisions on state registration and notes of objection, will take effect on 1 March. On 30 December 2012, President of the Russian Federation Vladimir Putin approved proposed amendments to the…more Registration, Russian Civil Code	See All Updates »
A. James Vázquez-Azpiri	Are You Using the Correct Form I-9? Use of the new form is mandatory starting May 7, 2013. As we reported earlier, on March 8, the U.S. Citizenship and Immigration Services (USCIS) announced a newly revised Employment Eligibility Verification form, Form…more Deadlines, Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Christina Vitale	FERC Refines Priority Rights to Participant-Funded Transmission Developers are provided more freedom in capacity allocation negotiations, but greater transparency of the process is required. …more FERC, Participant Funded Transmission Projects	See All Updates »
Zachary E. Vonnegut-Gabovitch	SEC Settles Suit for Misleading Advisory Contract Approval Disclosure Settlement with mutual fund directors and service providers serves as a reminder of responsibilities for disclosures relating to the approval of investment advisory contracts and provides insight into SEC enforcement priorities…more Advisory Contracts, Disclosure Requirements, Investment Adviser, Investment Company Act of 1940, Mutual Funds	See All Updates »
Caroline Waldner	IRS Issues Final Report on Colleges and Universities Compliance Project Report offers lessons for many tax-exempt organizations on unrelated business taxable income and executive compensation…more Business Taxes, Executive Compensation, Exempt Organizations, IRS, Tax Exemptions	See All Updates »
Coline Warin	Recent French Case Law on Damages for Sudden Termination of Business | Essentiel de la jurisprudence française récente sur l’indemnisation de la rupture brutale des relations commerciales Companies should be aware that certain risks are attached to an insufficient notice period when terminating a business relationship. This summary schedule highlights the risks attached to an insufficient notice period in…more Breach of Contract, Damages, Termination	See All Updates »
Dana D.C. Westfall	Federal Reserve Adopts Retail Forex Rules Standards for banking organizations regulated by the Federal Reserve for Retail Forex are generally comparable to rules adopted by other regulators. …more Banking Industry Regulations, Disclosure Requirements, Dispute Resolution, Dodd-Frank, Eligible Contract Participant	See All Updates »
Jennifer Williams	Computer-Assisted Review Costs Awarded in California Patent Case Court finds that using technology to undertake more efficient document review is reasonable. On February 1, Judge Anthony J. Battaglia of the U.S. District Court for the Southern District of California awarded more than…more Attorney's Fees, Contract Attorneys, Document Review, Patents, Predictive Coding	See All Updates »
Iain Wright	QCA Revises Corporate Governance Code for Small and Mid-Size Quoted Companies New QCA code highlights the importance of relationships between companies and their shareholders and aims to provide clear, detailed guidance on the characteristics and composition of effective, independent boards…more Board of Directors, Corporate Governance, EU, Quoted Companies, Shareholders	See All Updates »
Gary Yingling	FDA Releases Major New Food Safety Proposals Affected parties should familiarize themselves with proposed rules for safe food processing and handling and on-farm produce safety; comments to FDA are due by May 16…more FDA, Food Manufacturers, Food Safety, FSMA, Preventive Control Rule	See All Updates »
William Yonge	Treasury Changes Course on UK Implementation of AIFMD UK will now allow qualifying non-EEA firms to rely on the one-year transitional provision. On 29 April, HM Treasury published a short Q&A on the transposition of the Alternative Investment Fund Managers Directive (AIFMD)…more AIFMD, EU	See All Updates »
Howard Young	OIG Revises Special Advisory Bulletin on Exclusions OIG continues its aggressive interpretation of scope and effect of exclusion from participation in Federal health care programs and clarifies several open questions…more Affordable Care Act, Civil Monetary Penalty, CMS, Exclusions, Health Plan Sponsors	See All Updates »
Paul Zaffuts	New Protections for Government Contractor and Subcontractor Whistleblowers Enhanced rights and protections for whistleblowers under the National Defense Authorization Act take effect on July 1. Beginning July 1, 2013, government contractor whistleblowers will obtain substantial additional rights…more Contractors, NDAA, Subcontractors, Whistleblowers	See All Updates »
Richard Zarin	FinCEN Announces Third Extension for Certain FBAR Filers Certain individuals having only signature authority over foreign financial accounts now have until June 30, 2014, to file the Report of Foreign Bank and Financial Accounts. …more FBAR, FinCEN, Foreign Banks, IRS, SEC	See All Updates »
Mark E. Zelek	Mexico Reforms Federal Labor Law | México Reforma la Ley Federal del Trabajo Amendments address several legal loopholes and will substantially affect labor relationships in the country. During his last day in office, President Felipe de Jesús Calderón enacted a number of major amendments (the Labor…more Harassment, International Labor Laws, Outsourcing, Wage and Hour	See All Updates »
William P. Zimmerman	FinCEN Announces Third Extension for Certain FBAR Filers Certain individuals having only signature authority over foreign financial accounts now have until June 30, 2014, to file the Report of Foreign Bank and Financial Accounts. …more FBAR, FinCEN, Foreign Banks, IRS, SEC	See All Updates »

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