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
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Amarin is an important US district court opinion affirming the importance of the Second Circuit’s Caronia decision and finding that pharmaceutical and medical device companies have a constitutionally protected right to provide…more
Amarin, Caronia, Device Manufacturers, Drug Manufacturers, FDA
The U.S. Supreme Court unanimously held that the Tax Injunction Act does not bar Direct Marketing Association’s federal court challenge to Colorado’s sales and use tax notice and reporting requirements…more
Direct Marketing Association, Reporting Requirements, Retailers, Sales & Use Tax, SCOTUS
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
The reforms come alongside corresponding changes within PJM’s energy markets.
On June 9, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order (the Order) accepting PJM Interconnection…more
Electricity, FERC, PJM
Although the provisions that limit Iran's nuclear program are spelled out in some detail, those related to relaxing economic sanctions against Iran are quite vague…more
Iran Sanctions, Negotiations, Nuclear Weapons, P5+1 Nations, United Nations
The decision details important implications for employers that use deferred compensation arrangements…more
Corporate Counsel, Deferred Compensation, Employee Benefits, ERISA
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, Russia
SEC Staff from the Division of Investment Management has issued guidance on receipt of gifts by investment adviser personnel who manage registered funds…more
Gifts, Investment Adviser, Investment Funds, New Guidance, SEC
Companies doing business in the country should evaluate their compliance programs to avoid the law's sanctions on violators.
On August 2, Brazilian President Dilma Rousseff signed Law No. 12,846/2013—unofficially called…more
Anti-Bribery, Anti-Corruption, Bribery, Compliance, FCPA
The new law extends the grounds for shareholders’ liability and invalidation of transactions.
On 26 March 2014, the new Rehabilitation and Bankruptcy Law (the New Law) took effect in Kazakhstan. The New Law supersedes the…more
Bankruptcy Reform, Commercial Bankruptcy, Liability, Shareholders
Eastern District’s order aims to focus patent cases in an attempt to reduce costs.
On October 29, Chief District Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas signed a general order…more
Claim Construction, Discovery, Patents, Prior Art
Companies should revisit their policies for influencer programs for compliance with the updated guidance.
Online advertising and promotion first attracted the attention of the Federal Trademark Commission (FTC) in 2009. In…more
Advertising, Endorsements, FTC, Online Advertisements, Sales Promotions
Now that same-sex couples have the freedom to marry in every state, employers must consider whether plan amendments and administrative changes are necessary.
On June 26, the US Supreme Court issued its landmark decision…more
Benefit Plan Sponsors, Equal Protection, ERISA, Fourteenth Amendment, Marriage
New case law and statutory changes increase litigation and liability risk for employers that fail to comply with both federal and state lactation break laws…more
Affordable Care Act, Breastfeeding, Discrimination, EEOC, FLSA
The changes affect the areas of antenatal appointments, equal pay audits, national minimum wage, Reserve Forces membership, whistleblowing, and shared parental leave…more
Employer Liability Issues, Equal Pay, Maternity Leave, Minimum Wage, New Legislation
New TUPE Regulations come into force on 31 January, with the Department for Business, Innovation and Skills issuing updated accompanying guidance.
On 31 January 2014, the regulations that will amend the UK’s Transfer of…more
Employee Rights, TUPE, UK
The signing of the JCPOA regarding Iran nuclear sanctions may usher in a new era of major international investment in the Iranian oil and gas industry…more
Cost Recovery, Crude Oil, Energy Sector, Foreign Investment, IAEA
The court’s interpretation complicates the already difficult task providers face in having sufficient time to assess and quantify potential overpayments.
An August 3 decision in United States v. Continuum Health Partners…more
Affordable Care Act, CMS, DOJ, False Claims Act, Healthcare
For the last several years, the life sciences industry has been fertile ground for class action and aggregate litigation. Developments in this area have driven several trends, including state consumer…more
Aggregation Rules, Antitrust Litigation, Class Action, Fraud, Life Sciences
New FINRA Rule 2241 consolidates and expands upon legacy NASD and NYSE rules to address equity research analyst activities, equity research reports, and conflicts of interest relating to equity research analysts. New FINRA Rule…more
Banking Sector, Conflicts of Interest, Disclosure Requirements, Due Diligence, Financial Institutions
The draft guidance also enables some health IT manufacturers to avoid the device tax.
The Food and Drug Administration (FDA) took an unusual step on June 20 by issuing new draft guidance that states its intent to not…more
FDA, Health Information Technologies, Healthcare, Medical Devices, Mobile Devices
A new obligation requires parties to seek amicable resolution to a dispute before referring it to the court.
A New Obligation Entered into Force on 1 April 2015 -
Since 1 April 2015, parties to a civil or…more
Dispute Resolution, France
In affirming its own decision, the Consumer Financial Protection Bureau (CFPB) leaves few protections for targets in its administrative enforcement proceedings. If you are subject to a CFPB administrative proceeding, or…more
ALJ, Captive Insurance Company, CFPB, Enforcement, Enforcement Actions
Under the new law, trade unions are limited and monitored.
New Law No. 211-V of the Republic of Kazakhstan on Trade Unions, dated 27 June 2014, (the Law) has been adopted in Kazakhstan. The Law came into force on 11 July…more
New Regulations, Union Membership, Unions
On January 6, New Jersey employers must begin complying with new posting and notice requirements under the New Jersey Equal Pay Act.
On December 11, the New Jersey Department of Labor and Workforce Development (NJDOL)…more
Compliance, DOL, Equal Pay, Gender Equity, Notice Requirements
Reproposal would broaden the fiduciary definition, narrow exceptions, and substantially revise prohibited transaction exemptions applicable to current and newly covered fiduciaries…more
Conflicts of Interest, DOL, ERISA, Fiduciary Standard, Investment Adviser
In the wake of the Supreme Court's Windsor decision, employers should review and, if necessary, revise their FMLA policies and procedures to ensure compliance.
The U.S. Department of Labor (DOL) recently clarified that…more
DOL, DOMA, FMLA, Marriage, Same-Sex Marriage
A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability.
On July 16, a US Court of Appeals for the Ninth Circuit panel upheld the dismissal from a…more
Convictions, Criminal Investigations, DOE, False Claims Act, First Impression
This Outline highlights key U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) and Financial Industry Regulatory Authority (“FINRA”) enforcement developments and cases regarding broker dealers.*
Broker-Dealer, Enforcement, Enforcement Actions, Municipal Securities Issuers, SEC
The 2015 Cromnibus and the Tax Increase Prevention Act of 2014 solve some problems and raise others.
On December 16, 2014, U.S. President Barack Obama signed the Consolidated and Further Continuing Appropriations Act of…more
Affordable Care Act, Appropriations Bill, ERISA, Expatriates, Health Insurance
The principal effect of the rules would be to turn virtually any contribution of appreciated property by a US person to a section 721(c) partnership into a taxable gain recognition event.
On August 6, the US Treasury and…more
Controlled Foreign Corporations, Corporate Taxes, Foreign Entities, IRS, Partnerships
The Act was recently amended to cover more New York City employers and to impose even greater compliance obligations than the original law passed in 2013…more
Employee Rights, Paid Leave, Sick Leave
Employers should take action to ensure compliance with new employment laws that take effect January 1, 2015.
In September 2014, California Governor Jerry Brown signed more than 300 new laws, many of which may require…more
Employer Mandates, Employment Policies, New Legislation, Wage and Hour, Year-End Planning
New authority allows FDA inspectors to quickly detain products during inspections if they believe the products are misbranded or adulterated…more
Drug Manufacturers, FDA, Misbranding, Pharmaceutical, Prescription Drugs
Table of Contents:
Executive Summary; U.S. Securities and Exchange Commission; and Financial Industry Regulatory Authority.
Executive Summary -
This Outline highlights key U.S. Securities and Exchange…more
Broker-Dealer, Enforcement Actions, FINRA, Investment Adviser, SEC
The reporting relief applies to commodity trading advisors that do not “direct” trading of any client commodity interest trading accounts.
On July 23, the CFTC’s Division of Swap Dealer and Intermediary Oversight issued an…more
CFTC, Commodity Broker, Commodity Interest, Commodity Pool, CTA
This is the first issue of “Automotive News”, a regular update on current developments in the automotive industry, with a particular focus on Germany, published by Morgan Lewis’ automotive practice for clients and interested…more
Antitrust Provisions, Auto Manufacturers, Auto Parts, Automotive Industry, Joint Venture
New market exclusivity opportunities emerge for pharmaceutical companies.
In draft guidance released by the Food and Drug Administration (FDA or the Agency) on February 24, 2014, the Agency proposed changes to its…more
Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs
The one-year transition rule expires on September 22, 2014.
The final regulations under the HIPAA Privacy, Security, and Enforcement Rules as amended by HITECH, make several changes, including modifying the requirements…more
Business Associates, Covered Entities, Final Rules, Healthcare, HIPAA
The Commission’s order applies the same methodology used for natural gas and oil pipeline return on equity and discards the former one-step calculation in favor of a two-step calculation that uses short- and long-term growth…more
Consumer Utility Costs, FERC, Utilities Sector
The US Food and Drug Administration (FDA or the Agency) issued draft guidance on June 18 about assessing the benefits and risks for Investigational Device Exemption (IDE) applications. The draft guidance provides a benefit-risk…more
Clinical Trials, Draft Guidance, FDA, Investigational Device Exemptions, Medical Devices
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
Guidance provides temporary relief from the August deadline for annual disclosures by participant-directed plans.
On July 22, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin 2013-02 (the Bulletin),…more
Benefit Plan Sponsors, Compliance, Deadlines, Delays, Disclosure Requirements
The appellate court clarifies that internal corporate investigations are subject to the attorney-client privilege where one of the significant purposes of the investigation is to secure legal advice for the company…more
Attorney-Client Privilege, Compliance, False Claims Act, Internal Investigations, Kellogg Brown & Root
For the first time, the US Fish & Wildlife Service (FWS) is considering a proposed rulemaking to authorize the unintentional injury or killing of migratory birds by certain commercial and industrial activities…more
Fish and Wildlife Service, Migratory Bird Treaty Act
The Bill’s provisions on international data transfers are most relevant to foreign companies that do business in Brazil.
The Brazilian government has issued a Bill for the Protection of Personal Data (Bill) for public…more
Brazil, Cybersecurity, Data Protection, International Data Transfers, Internet
The order classifies broadband Internet access as a telecommunications service.
The Federal Communications Commission (FCC or Commission) today voted, by a 3-2 margin, to adopt rules designed to promote an open Internet…more
Broadband, Common Carriers, FCC, Internet, Internet Service Providers
The proposed regulations may have a significant impact on certain “management fee waiver” arrangements that have become commonplace in the investment management industry…more
Enterprise Risks, Fee Waivers, Internal Revenue Code, Intra-Group Transactions, Investment Management
The Supreme Court holds that ERISA’s limitations period does not bar an alleged breach for failure to monitor a plan’s investments.
On May 18, the Supreme Court issued a unanimous decision in Tibble v…more
401k, Benefit Plan Sponsors, Breach of Duty, ERISA, Fiduciary Duty
Cutoff dates for EB-2 China and India retrogress to January 1, 2006. Cutoff dates for EB-3 China, India, and the Philippines advance to December 22, 2004…more
China, Department of State, EB-1, EB-2, EB-3
The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and…more
Canning v NLRB, NLRA, NLRB, Recess Appointments, SCOTUS
The Bureau of Land Management contends that its new rules are consistent with state regulations and industry standards, but stakeholders believe that the rules are unnecessary or simply miss the mark…more
Bureau of Land Management, Fracking, Oil & Gas, Petroleum, Trade Secrets
Employers should act to ensure compliance before the law takes effect on May 13.
On February 12, the City of Philadelphia joined the nationwide paid sick leave trend when Mayor Michael Nutter signed the Promoting Healthy…more
Employee Rights, Employer Mandates, Local Ordinance, Paid Leave, Sick Leave
The historic tender for shallow water blocks in the Gulf of Mexico will allow for private and foreign investment in Mexican oil and gas for the first time in almost 80 years.
On July 15, Mexico’s National Hydrocarbons…more
Bids, Contract Terms, Energy Sector, First Tender, Gulf of Mexico
All US international authorization holders and US international service providers must file International Traffic and Revenue Reports.
Common carriers and voice over Internet Protocol (VoIP) providers that offer…more
Common Carriers, FCC, Filing Deadlines, Fines, Penalties
The PTAB issues its second round of proposed rule changes.
The Patent Trial and Appeal Board (PTAB) just issued its second round of proposed rule changes to post-patent issuance review proceedings (Inter Partes Reviews,…more
Additional Discovery, America Invents Act, Claim Construction, Comment Period, Confidential Information
Transactions that close toward the end of February will be subject to increased HSR Act jurisdictional and filing fee thresholds.
On January 15, the Federal Trade Commission (FTC) announced that it will raise the…more
Filing Fees, FTC, Hart-Scott-Rodino Act, Jurisdiction, Threshhold Requirements
The model clauses should lead to greater consistency and efficiency in sovereign bond restructurings.
On May 11, the International Capital Market Association (ICMA) published a revised version of its model collective…more
Bonds, Pari Passu, Sovereign Debt
After an unsuccessful effort to implement new election rules in 2011, the NLRB has now re-issued election rules that would substantially speed up the existing union election process…more
Final Rules, NLRB, Quickie Election Rules, Union Elections, Unions
The proposal seeks to significantly increase the salary level needed to qualify as exempt under the FLSA’s white collar standard and highly compensated exemptions.
On June 30, the US Department of Labor (DOL) announced…more
Comment Period, DOL, Exempt-Employees, FLSA, NPRM
As hospitals become increasingly technologically savvy, they are looking to do more and more with their electronic health record systems. What many hospitals do not realize is that some of the functionality they are seeking…more
Biotechnology, Digital Health, Electronic Medical Records, FCC, FDA
The Browning-Ferris decision overturns 30 years of precedent and opens up a wide variety of business relationships to allegations of joint-employer status, including staffing agencies, on-site contractors, outside suppliers, and…more
Browning-Ferris Industries of California Inc., Collective Bargaining, Franchisee, Franchisors, Hiring & Firing
With certain EMIR provisions set to go live in September, both EU counterparties and many non-EU counterparties must take action to comply with risk management requirements, which involve some overlap with Dodd-Frank…more
CFTC, Compliance, Dodd-Frank, EMIR, EU
FINRA explains the risk levels associated with communications regarding potential investment banking transactions: from low to high to “unmanageable.”
On May 27, the Financial Industry Regulatory Authority (FINRA) published…more
Conflicts of Interest, Corporate Issuers, Financial Analysts, FINRA, General Solicitation
The regulations are a win for employers, but there is still important work to be done during the comment period.
On April 17, the Equal Employment Opportunity Commission (EEOC) released proposed regulations under the…more
ADA, Affordable Care Act, EEOC, Employer Group Health Plans, Health Insurance
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
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
As of January 1, security breach notifications must be provided to consumers when certain account information is compromised.
On September 27, California Governor Jerry Brown signed into law Senate Bill No. 46 (S.B. 46),…more
Cybersecurity, Data Breach, Data Protection, Notice Requirements, Passwords
The EPA seeks to reduce VOC and methane emissions by 40-45% by 2025.
On August 18, 2015, the US Environmental Protection Agency (EPA) published proposed changes to the new source performance standards (NSPS) and draft…more
Crude Oil, EPA, Methane, Natural Gas, New Source Performance Standards
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
We strongly urge our clients to consider closing dates, lien lapses, and other filings or deadlines.
The Delaware Secretary of State has advised that as a result of a major computer system transition at the Division of…more
Closing Date, Deadlines, Department of Corporations, Holidays, Secretary of State
The Organisation for Harmonisation of Business Law in Africa’s new Uniform Act provisions will impact petroleum companies operating through branches in the organisation’s member states.
Africa, Foreign Policy, International Tax Issues, OHADA, Oil & Gas
The SEC Chair discusses the whistleblower program’s achievements and importance and how the agency will fight to ensure that whistleblowers continue to be heard…more
Mary Jo White, Popular, SEC, Technical Conference, Whistleblower Protection Policies
Plan lays out the agencies' top priorities for the 2013–2014 fiscal year, including those affecting tax-exempt organizations…more
Employee Benefits, Exempt Organizations, IRS, Priority Guidance Plan, Tax Exemptions
The new law, when implemented, will make sweeping changes to the current regulation of foreign investments.
On January 19, the Ministry of Commerce of the People’s Republic of China published a draft Foreign Investment…more
China, Foreign Investment, MOFCOM, New Legislation
Enterprises that do business in China should take inventory and assess potential impact on business.
I. Circular 62 -
On November 27, 2014, the State Council of the People’s Republic of China issued the Notice…more
China, Corporate Taxes
Several clarifications have been provided with regard to subordinated debt instruments.
On 30 November 2013, amendments to the Bank of Russia’s Regulation 395-P, “On the Methodology of Determination of the Amount and…more
Basel III, Foreign Banks, Russia
In a qui tam whistleblower suit under the False Claims Act, the D.C. Circuit affirmed a lower court finding that a federal contractor reasonably relied on certifications of Trade Agreements Act compliance from its distributor…more
Compliance, False Claims Act, Qui Tam, Suppliers, Trade Agreements
New marketing integrity and oversight provisions warrant review and comment.
On June 14, the Centers for Medicare and Medicaid Services (CMS) in the U.S. Department of Health and Human Services (HHS) published its…more
Affordable Care Act, CMS, Employer Group Health Plans, Federally Facilitated Exchanges, Healthcare
Post-production costs deducted from gas royalties, such as interstate transportation charges and marketing costs, must be incurred while a producer still holds title to the gas…more
Class Action, Interstate Commerce, Land Owners, Natural Gas, Pipelines
President Obama’s new proposed Personal Data Notification and Protection Act provides a national standard for companies responding to security breaches…more
Barack Obama, Breach Notification Rule, Consumer Privacy Bill of Rights, Cybersecurity, FTC
Applicants who challenge a Trademark Trial and Appeal Board refusal to register a trademark must reimburse the government for PTO attorney fees even if they win…more
Attorney's Fees, Trademark Litigation, Trademark Trial and Appeal Board, Trademarks
In your experience, what’s the most important role that a startup CEO should fulfill? That’s the question we put recently to JD Supra contributors, many of whom have spent years working with successful entrepreneurs in various…more
Business Formation, CEOs, Legal Perspectives, Startups
The new guidance addresses the New York sales and use tax treatment of cloud computing services.
On April 14, the New York State Department of Taxation and Finance (the Department) issued Advisory…more
Advisory Opinions, Cloud-Based Services, Popular, Sales & Use Tax
The Office of the Comptroller of the Currency (OCC) recently released an updated and substantially revised section of its Comptroller’s Handbook titled “Retail Nondeposit Investment Products” (the Booklet). The Booklet replaces…more
Banking Sector, Banks, Guidance Update, Industry Examinations, OCC
Decision serves as a reminder that careful consideration should be given to provisions dealing with the consequences of breaches of restrictive covenants and other terms of commercial agreements…more
Breach of Contract, Contract Drafting, Penalties, Restrictive Covenants, Shareholders
Biometric Residence Permit regulations will begin rollout in March.
New regulations will require individuals from overseas who apply for a visa for more than six months to obtain a Biometric Residence Permit (BRP)…more
Immigration Procedures, UK, Visas
In American Express, Court rules that class action waivers may not be invalidated on the ground that individual arbitration is too expensive.
On June 20, the U.S. Supreme Court issued its decision in American Express Co…more
American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action
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
CMS reconsiders $10 million bounties for reporting of regulatory violations.
On December 5, the Centers for Medicare & Medicaid Services (CMS) finalized a rule (the Final Rule) that expands its program integrity and…more
CMS, Hospitals, Medicare, OIG
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
Transactions closing toward the end of February will be subject to increased HSR Act jurisdictional and filing fee thresholds.
On January 17, the Federal Trade Commission (FTC) announced that it will raise the…more
Acquisitions, FTC, Hart-Scott-Rodino Act, Mergers, The Clayton Act
Court rules that the US Department of Justice cannot expand the FCPA’s reach simply by charging non-resident foreign nationals with conspiracy…more
Agency Relationship, Aiding and Abetting, Civil Conspiracy, Criminal Conspiracy, DOJ
The ruling creates new risks to assess in TTAB litigation strategies.
On March 24, the US Supreme Court decided in the case of B&B Hardware, Inc. v. Hargis Industries, Inc. that a decision by the Trademark Trial and Appeal…more
B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, SCOTUS, Trademark Infringement
The French Supreme Court provides guidance to employers in France on how to deal with employees who wear religious symbols in the workplace…more
Employer Liability Issues, European Court of Justice, France, Religious Clothing, Religious Discrimination