Morgan Lewis

Author

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

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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

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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, Russia

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Felipe Alice

Brazil Enacts Anti-Corruption Law

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

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Yerke Alikhanova

Medical Malpractice Liability: Kazakhstan Law and Practice

Liability for medical malpractice in Kazakhstan remains poorly regulated. The Kazakhstan healthcare system has recently undergone a crucial transformation, with pending reforms designed to improve the quality of medical…more

Healthcare Professionals, Medical Malpractice, Professional Liability

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Adam Allgood

Eastern District of Texas Adopts Limits on Asserted Patent Claims and Prior Art

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

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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

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Andy R. Anderson

Final ACA Shared Responsibility Regulations Released

Plan sponsors now have the final piece of the puzzle needed to finalize their 2015 pay-or-play strategies. The Internal Revenue Service (IRS) and the U.S. Department of the Treasury recently issued the highly anticipated…more

Affordable Care Act, Corporate Counsel, Employee Definition, Full-Time Employees, IRS

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Sarah Andrews

New Developments Surrounding Lactation Discrimination

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

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Sarah Ash

UK Children and Families Act Gains Royal Assent

UK employers need to be aware of several key dates for the act’s proposed changes. On 13 March, the Children and Families Act 2014 received Royal Assent. This act will bring a number of changes for employers and working…more

Employee Rights, Flexible Work Arrangements, Parental Leave, UK

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Rachel Ashwood

Changes to UK’s TUPE Regulations

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

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David Asmus

Update: Last Obstacle Cleared for Mexican Energy Reform

Minimum number of required state legislatures approves the much-anticipated reform; subsequent litigation imminent. Despite opposition from Mexico’s leftist parties, 17 of the 31 state legislatures—the minimum number…more

Energy, Mexico

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Thomas Ayala

Recent Trends in Class Action and Aggregate Litigation in the Life Sciences Industry

Introduction - 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

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John Ayanian

SEC Proposes Enhanced Regulatory Framework for Certain Registered Clearing Agencies

The proposal is consistent with international recommendations and Basel III criteria. On March 12, the Securities and Exchange Commission (SEC) proposed new rules and rule amendments (the Proposal) that would enhance the…more

Basel III, Clearing Agencies, FSOC, SEC

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Frances Emmeline Babb

IRS Proposes New Definition of “Political Activity” for Social Welfare Organizations

The initial comment period for the proposed regulations is drawing to a close on February 27, 2014. On November 29, 2013, the Internal Revenue Service (IRS) and the U.S. Department of the Treasury issued a Notice of…more

CPRA, IRS, Social Welfare Organizations

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Alexandre Bailly

Useful Facts on French Jurisdiction | Rappels Utiles sur la Compétence

Recent cases offer practical applications of jurisdiction clauses or jurisdictional competence clauses. Several recent cases decided by the Cour de cassation (the French Supreme Court for Judicial Matters) offer some…more

EU, Foreign Jurisdictions, Jurisdiction

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Asem Bakenova

Kazakhstan Amends Public Procurement Rules

New rules may affect business activities conducted with state entities. On 18 January, the president of the Republic of Kazakhstan signed the law “On amendments to some legislative acts of the Republic of Kazakhstan on…more

Procurement Guidelines

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Heather Baker

Publication of New Jersey Gender Equity Notice Triggers Obligations

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

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Ellen Bandel

DOL Clarifies FMLA Leave Entitlement for Same-Sex Spouses

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

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Holly Barker

HHS Publishes Final Rule on Exchanges, SHOPs, and Eligibility Appeals

Final regulations required for October 1, 2013 open enrollment are largely unchanged from the proposed rule. On August 30, the Centers for Medicare & Medicaid Services (CMS) of the Department of Health and Human Services…more

Affordable Care Act, CMS, Employer Mandates, Health Insurance Exchanges, Healthcare

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Lisa H. Barton

IRS Releases Guidance for Effective Date of Same-Sex Spousal Retirement Rights

Plan sponsors now know how and by when retirement plans must comply with the U.S. Supreme Court’s decision in Windsor. The IRS has released its long-awaited guidance on the effective date by which qualified retirement…more

DOMA, IRS, Retirement Plan, Same-Sex Marriage, SCOTUS

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Barton Bassett

Initial FATCA Registration/Withholding Dates Draw Near

Foreign financial institutions, such as offshore funds, should register with the IRS by May 5 and review new and revised IRS forms. The July 1 start date for Foreign Account Tax Compliance Act (FATCA) withholding on…more

FATCA, FATCA Timeline, FFI, IRS

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Leni Battaglia

New York Increases Minimum Wage, Salaries as of December 31

Department of Labor adopts amendments to wage regulations setting the minimum wage rates for nonexempt employees and minimum salaries for exempt employees…more

Compliance, DOL, Exempt-Employees, Minimum Wage

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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

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David Behar

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Jürgen Beninca

Germany Changes Merger Rules

Changes to the standard of review and key aspects of the merger review process make Germany's rules more consistent with those of the European Commission…more

EU, European Commission, Mergers

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Jacqueline Berman

FDA Draft Guidance Proposes Change to Combination Product Exclusivity Policy

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

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Glen S. Bernstein

FERC Proposes Reforms to Improve Gas-Electric Coordination

Through a trilogy of orders, FERC seeks to reform the coordination and scheduling of natural gas pipeline capacity with electricity markets. Electric generators’ increased reliance on natural gas in recent years prompted…more

Energy, FERC, Natural Gas, Pipelines, Utilities Sector

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M. Elizabeth Bierman

FDA Warning Letters Signal Narrowing of “Medical Food” Category

Manufacturers seeking to enter the medical food market face increased challenges. The Food and Drug Administration (FDA or the Agency) has issued several Warning Letters to manufacturers of medical foods…more

FDA, Food Manufacturers, Food Safety, Healthcare

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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

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Craig Bitman

DOL Extends Participant Disclosure Deadline for 2013

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

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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

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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

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Eric S. Bord

H-1B Cap for 2015 Fiscal Year Reached - Update

USCIS received approximately 172,500 H-1B cap-subject petitions during the filing period that began April 1 and conducted its computer-generated random selection process on April 10. …more

H-1B, Highly-Skilled Workers Visa, Lottery, USCIS, Visa Caps

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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

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Ted Bosquez, IV

U.S. Government Proposes Controversial Rulemaking Regarding the Clean Water Act

The proposed rule offers a definition of “waters of the United States” that expands the Clean Water Act’s jurisdiction. On March 25, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers…more

Clean Water Act, EPA, Jurisdiction, US Army Corps of Engineers, Water

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Sarah Bouchard

OSHA Publishes Interim Final Rule for CFPA Whistleblower Claims

Companies providing consumer finance products or services should review policies and training materials to ensure compliance. On April 3, the Occupational Safety and Health Administration (OSHA) published an interim final…more

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Gregory Braden

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Brian Bradshaw

Update: Last Obstacle Cleared for Mexican Energy Reform

Minimum number of required state legislatures approves the much-anticipated reform; subsequent litigation imminent. Despite opposition from Mexico’s leftist parties, 17 of the 31 state legislatures—the minimum number…more

Energy, Mexico

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David R. Brenneman

HSR Act Rules Expand For Pharmaceutical Licensing Agreements

Rules from the Federal Trade Commission include new requirements for reporting pharmaceutical patent transfers. On November 6, the Federal Trade Commission (FTC) released finalized amendments to the premerger notification…more

Business Assets, FTC, Hart-Scott-Rodino Act, Patents, Premerger Notifications

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Carter Brod

Amendments to Bank of Russia’s Basel III Requirements Published

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

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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

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Michele L. Buenafe

FDA Issues Long-Awaited Final Guidance on Mobile Medical Applications

Agency expands enforcement discretion, focusing its oversight on a discrete subset of mobile apps that present the greatest risk to patients. On September 23, the U.S. Food and Drug Administration (FDA or the Agency)…more

FDA, Final Guidance, Mobile Apps, Mobile Devices, Telemedicine

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P. Georgia Bullitt

Obligations Under European Market Infrastructure Regulation Imminent

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

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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

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Lisa Stephanian Burton

H-1B Cap for 2015 Fiscal Year Reached - Update

USCIS received approximately 172,500 H-1B cap-subject petitions during the filing period that began April 1 and conducted its computer-generated random selection process on April 10. …more

H-1B, Highly-Skilled Workers Visa, Lottery, USCIS, Visa Caps

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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

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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

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Jacquelyn Caridad

New California Law Protects Online Account Information

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

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Daniel Carmeli

U.S. Government Proposes Controversial Rulemaking Regarding the Clean Water Act

The proposed rule offers a definition of “waters of the United States” that expands the Clean Water Act’s jurisdiction. On March 25, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers…more

Clean Water Act, EPA, Jurisdiction, US Army Corps of Engineers, Water

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Winstol D. Carter, Jr.

Eastern District of Texas Adopts Limits on Asserted Patent Claims and Prior Art

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

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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

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Edward Chaney

Treasury Department and IRS Issue Priority Guidance Plan

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

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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

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Yulia Cherkassova

Amendments to Bank of Russia’s Basel III Requirements Published

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

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Anthony Choe

CMS Proposes Rule for Exchanges and SHOPs Under the Affordable Care Act

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

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Ezra Church

New California Law Protects Online Account Information

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

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Michael Clayton

The High Price of Challenging a Trademark Trial and Appeal Board Decision in District Court

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

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Michele Coffey

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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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

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Steven Cohen

7 Key Roles of a Successful Startup CEO

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

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William Colgin, Jr.

New Accounting Rules for Gift Cards Redeemable by Unrelated Entities

IRS modifies rules allowing the deferral method of accounting for advance payments received for the sale of gift cards that are redeemable by an unrelated party. On July 24, the Internal Revenue Service (IRS) released an…more

Accounting, Gift-Cards, IRS, Retail Market, Tax Deferral

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Kathleen Collins

OCC Seeks to Formalize Risk Governance Expectations of Large Banks

The proposed guidelines demonstrate the Office of the Comptroller of the Currency’s continued emphasis on strong risk management for large banks. …more

Banks, FDIA, FDIC, Foreign Banks, OCC

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Amy Comer

English Court Finds Shareholder Default Provisions Unenforceable as a Penalty

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

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Corrie Conway

DOL Clarifies FMLA Leave Entitlement for Same-Sex Spouses

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

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J. Gordon Cooney, Jr.

Supreme Court Again Enforces an Arbitration Agreement with a Class Action Waiver

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

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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

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John Cosgriff

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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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

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Martin d'Halluin

FTC Raises Hart-Scott-Rodino Thresholds

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

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Deborah Davidson

Supreme Court to Decide Applicability of the “Prudence Presumption” in ERISA Stock Cases: ESOP and 401(k) Plan Sponsors and Fiduciaries, Take Note

Introduction - In Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Court will decide whether investments in employer stock are entitled to a “prudence presumption” under the Employee Retirement Income Security Act…more

401k, Duty of Prudence, Employee Stock Purchase Plans, ERISA, ESOP

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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

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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

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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

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Mark Dichter

Title VII at Age 50: Still Room for Creativity? Developing New Defenses and Testing New Claims

New Substantive Uses of Title VII - Sexual Orientation And Gender Identity: ..Issue: Whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. ..Statutory Authority:…more

Civil Rights Act, Discrimination, Gender Identity, Sexual Orientation, Title VII

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James Doench

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Sean Donahue

SEC Hosts Roundtable on Cybersecurity Issues and Challenges

Participants recognize the importance of board oversight and risk disclosures. On March 26, the U.S. Securities and Exchange Commission (SEC) hosted a roundtable to discuss cybersecurity and the issues and challenges it…more

Board of Directors, Cybersecurity, Data Protection, Disclosure, Oversight Committee

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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

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Brian J. Dougherty

IRS Releases Guidance for Effective Date of Same-Sex Spousal Retirement Rights

Plan sponsors now know how and by when retirement plans must comply with the U.S. Supreme Court’s decision in Windsor. The IRS has released its long-awaited guidance on the effective date by which qualified retirement…more

DOMA, IRS, Retirement Plan, Same-Sex Marriage, SCOTUS

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William Doyle Jr.

OFCCP's Final Regulations for Individuals with Disabilities and Protected Veterans

Expansive regulations will subject federal contractors and subcontractors to many new requirements, including utilization goals and hiring benchmarks. On August 27, the Office of Federal Contract Compliance Programs…more

Affirmative Action, Contractors, Disability, Hiring & Firing, OFCCP

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Christopher Drake

FERC Reaffirms Reliance on “Committed Shipper” Rate Agreements for Oil Pipelines

The Commission emphasizes that a committed shipper negotiated rate’s deviation from cost-of-service does not overturn the presumption that the rate is just and reasonable…more

Energy, FERC, Oil & Gas, Pipelines, Shipping

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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

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Min Duan

China to Strictly Regulate Secondment/Staffing Business Model

Amendments to the PRC Labor Contract Law take effect on July 1, adding limitations on employment structures. On July 1, 2013, amendments to the People's Republic of China (PRC) Labor Contract Law will take effect. The…more

China, Employment Contract, Equal Pay, Multinationals, New Legislation

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Sean Duffy

New California Law Protects Online Account Information

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

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Mary Dunbar

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Audrey Dwyer

UK’s Serious Fraud Office Looks to Pursue More Prosecutions of Corporates

A proposed amendment to the UK Bribery Act would give the SFO greater power to prosecute corporates for financial crimes committed by their employees. The head of the UK’s Serious Fraud Office (SFO), David Green, recently…more

Public Procurement Policies, SFO, UK, UK Bribery Act

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Matthew Elkin

IRS Proposes New Definition of “Political Activity” for Social Welfare Organizations

The initial comment period for the proposed regulations is drawing to a close on February 27, 2014. On November 29, 2013, the Internal Revenue Service (IRS) and the U.S. Department of the Treasury issued a Notice of…more

CPRA, IRS, Social Welfare Organizations

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Richard Ellison

Provisions of UK Enterprise and Regulatory Reform Act Take Effect

New competition provisions may make it easier to prosecute cartel offences, but add additional exclusions and defences. On 1 April, the competition provisions of the UK’s Enterprise and Regulatory Reform Act (ERRA) came…more

Cartels, Competition Act, ERRA

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Kate Emminger

SEC Hosts Roundtable on Cybersecurity Issues and Challenges

Participants recognize the importance of board oversight and risk disclosures. On March 26, the U.S. Securities and Exchange Commission (SEC) hosted a roundtable to discuss cybersecurity and the issues and challenges it…more

Board of Directors, Cybersecurity, Data Protection, Disclosure, Oversight Committee

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Kimberly Eney

Treasury Department and IRS Issue Priority Guidance Plan

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

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Anne Marie Estevez

New Accounting Rules for Gift Cards Redeemable by Unrelated Entities

IRS modifies rules allowing the deferral method of accounting for advance payments received for the sale of gift cards that are redeemable by an unrelated party. On July 24, the Internal Revenue Service (IRS) released an…more

Accounting, Gift-Cards, IRS, Retail Market, Tax Deferral

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Tracy Evlogidis

H-1B Cap for 2015 Fiscal Year Reached - Update

USCIS received approximately 172,500 H-1B cap-subject petitions during the filing period that began April 1 and conducted its computer-generated random selection process on April 10. …more

H-1B, Highly-Skilled Workers Visa, Lottery, USCIS, Visa Caps

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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

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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

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Saghi "Sage" Fattahian

Final ACA Shared Responsibility Regulations Released

Plan sponsors now have the final piece of the puzzle needed to finalize their 2015 pay-or-play strategies. The Internal Revenue Service (IRS) and the U.S. Department of the Treasury recently issued the highly anticipated…more

Affordable Care Act, Corporate Counsel, Employee Definition, Full-Time Employees, IRS

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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

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J. Kevin Fee

The High Price of Challenging a Trademark Trial and Appeal Board Decision in District Court

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

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R. Brendan Fee

Recent Trends in Class Action and Aggregate Litigation in the Life Sciences Industry

Introduction - 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

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John Ferreira

Private Equity Fund May Be “Trade or Business” Under ERISA

First Circuit holds that an investment fund may be responsible for controlled group pension liabilities of portfolio companies. On July 24, the U.S. Court of Appeals for the First Circuit issued a significant decision…more

ERISA, Investment Funds, PBGC, Pensions, Private Equity

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Fred Fielding

Update on Economic Sanctions Triggered in Reaction to the Crisis in Ukraine

On March 17, the European Union and United States took further actions with respect to the Ukraine situation, as follows..…more

Foreign Policy, Russia, Sanctions, Ukraine

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Mark D. Fitterman

SEC Proposes Enhanced Regulatory Framework for Certain Registered Clearing Agencies

The proposal is consistent with international recommendations and Basel III criteria. On March 12, the Securities and Exchange Commission (SEC) proposed new rules and rule amendments (the Proposal) that would enhance the…more

Basel III, Clearing Agencies, FSOC, SEC

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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

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Gemma Formby

UK Capital Maintenance Principle May Restrict Damages Awards

Obiter dicta by High Court suggests that damages may not be available as a remedy where an English company breaches a contractual obligation and performance of that obligation would have required a breach of the "capital…more

Breach of Contract, Contract Interpretation, Damages, Shareholders, UK

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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

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Ross Friedman

Arbitration Agreements with Class and Collective Action Waivers Enforced

Second Circuit applies Supreme Court's recent ruling in American Express case and further rules that the FLSA collective action procedure can be waived and class and collective action waivers do not violate the NLRA…more

American Express v Italian Colors Restaurant, Class Action, Class Action Arbitration Waivers, Collective Actions, FLSA

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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

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David Fuller

U.S. Supreme Court’s Severance Ruling Impacts Future Unemployment Benefits

The decision in Quality Stores not only kills FICA tax refunds for millions of unemployed workers, but it also requires proactive employer actions to maximize future employer and state unemployment benefit payments to terminated…more

FICA Taxes, Quality Stores, SCOTUS, Severance Pay, Unemployment Benefits

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Margaret Gatti

Update on Economic Sanctions Triggered in Reaction to the Crisis in Ukraine

On March 17, the European Union and United States took further actions with respect to the Ukraine situation, as follows..…more

Foreign Policy, Russia, Sanctions, Ukraine

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Steven Gibbs

Court Holds Reused Water and Condensate Are Not RCRA Solid or Hazardous Waste

U.S. district court rules that coke oven gas condensate is not subject to federal waste rules when reintroduced into the coke-making process…more

Environmental Policies, Hazardous Substances, RCRA, Waste Disposal

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Merri Jo Gillette

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Malcolm K. Goeschl

H-1B Cap for 2015 Fiscal Year Reached - Update

USCIS received approximately 172,500 H-1B cap-subject petitions during the filing period that began April 1 and conducted its computer-generated random selection process on April 10. …more

H-1B, Highly-Skilled Workers Visa, Lottery, USCIS, Visa Caps

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Humberto Padilla Gonzalez

Mexico Increases Mandatory Daily Minimum Wage

Companies with employees in Mexico should ensure their compensation packages comply with the new minimum wage requirements, which became effective January 1. …more

Mexico, Minimum Wage

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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

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Allison Goodman

Group Health Plans: Year-End Action Items and Upcoming Changes

Group health plan sponsors turn their attention to completing 2013 tasks, implementing upcoming 2014 changes, preparing for the ACA Shared Responsibility requirement in 2015, and documenting recent extensive plan changes…more

Affordable Care Act, COBRA, Employer Group Health Plans, Flexible Spending Accounts, Healthcare

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Paul Gordon

New Accounting Rules for Gift Cards Redeemable by Unrelated Entities

IRS modifies rules allowing the deferral method of accounting for advance payments received for the sale of gift cards that are redeemable by an unrelated party. On July 24, the Internal Revenue Service (IRS) released an…more

Accounting, Gift-Cards, IRS, Retail Market, Tax Deferral

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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

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Emilio Grandío-Urrea

Mexico Increases Mandatory Daily Minimum Wage

Companies with employees in Mexico should ensure their compensation packages comply with the new minimum wage requirements, which became effective January 1. …more

Mexico, Minimum Wage

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Nicholas Greenwood

UK Deferred Prosecution Agreements Code of Practice Published

The Serious Fraud Office has issued a code of practice for deferred prosecution agreements, which are now available as an alternative to conviction for certain white-collar offences in the UK. …more

Deferred Prosecution Agreements, Fraud, UK

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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

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Linda Griggs

SEC Hosts Roundtable on Cybersecurity Issues and Challenges

Participants recognize the importance of board oversight and risk disclosures. On March 26, the U.S. Securities and Exchange Commission (SEC) hosted a roundtable to discuss cybersecurity and the issues and challenges it…more

Board of Directors, Cybersecurity, Data Protection, Disclosure, Oversight Committee

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Jennifer Grissom

Newark, New Jersey, Expected to Enact Paid Sick Leave Ordinance

New Jersey’s two largest cities will impose new burdens on employers with proposed Ordinance. On January 28, the Municipal Council of Newark, New Jersey, passed an ordinance requiring employers to provide paid sick leave…more

Employee Rights, Sick Leave

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Charles Groppe

Private Equity Fund May Be “Trade or Business” Under ERISA

First Circuit holds that an investment fund may be responsible for controlled group pension liabilities of portfolio companies. On July 24, the U.S. Court of Appeals for the First Circuit issued a significant decision…more

ERISA, Investment Funds, PBGC, Pensions, Private Equity

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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

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Ariel Gursky

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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E.S. Kate Habershon

Tax Measures in the 2014 UK Budget

UK government continues to support growth and build on economic recovery. On 19 March, UK Chancellor of the Exchequer, George Osborne, released the UK’s 2014 budget. From a business tax perspective, the budget contained…more

Economic Development, Tax Reform, UK

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Melissa Hall

Federal Banking Agencies Finalize Supplementary Leverage Ratio Standards

The next step in the adoption of new capital standards will potentially cause the largest U.S. banking organizations to face more stringent minimum capital requirements. On April 8, the Board of Governors of the Federal…more

Banks, FDIC, Federal Reserve, Financial Regulatory Reform, Leverage Capital Ratio

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Owen Hammond

UK High Court Revisits Issue of Where a Contract Is Formed

Court confirms that, in certain circumstances, a contract can be made in two jurisdictions. On 7 October 2013, in Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc, [2013] EWHC 2968 (Ch), the High Court of England…more

Choice-of-Law, Contract Drafting, Contract Formation, Corporate Counsel, EU

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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

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Lee Harding

UK Government Publishes Employment Tribunal Statistics

The statistics show a huge fall in the number of claims, which may be due to the introduction of tribunal fees…more

Age Discrimination, Employer Liability Issues, Race Discrimination, Sex Discrimination, Termination

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Ivan Harris

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Jenny Harrison

SEC Hosts Roundtable on Cybersecurity Issues and Challenges

Participants recognize the importance of board oversight and risk disclosures. On March 26, the U.S. Securities and Exchange Commission (SEC) hosted a roundtable to discuss cybersecurity and the issues and challenges it…more

Board of Directors, Cybersecurity, Data Protection, Disclosure, Oversight Committee

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John Hartigan

SEC Provides No-Action Relief for M&A Brokers

SEC staff action may head off congressional action to exempt M&A Brokers from registration. On February 3, the staff of the Securities and Exchange Commission (SEC) issued a no-action letter that permits an M&A broker (as…more

Broker-Dealer, Brokers, Compliance, No-Action Relief, SEC

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Mark Haskell

FERC Proposes Reforms to Improve Gas-Electric Coordination

Through a trilogy of orders, FERC seeks to reform the coordination and scheduling of natural gas pipeline capacity with electricity markets. Electric generators’ increased reliance on natural gas in recent years prompted…more

Energy, FERC, Natural Gas, Pipelines, Utilities Sector

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Jonathan Havens

FDA Proposes Food Defense Rule to Protect Against Intentional Adulteration

New mandate would apply to major U.S. and international food processors and handlers. On December 24, the U.S. Food and Drug Administration (FDA or the Agency) issued a proposed rule, Focused Mitigation Strategies to…more

FDA, Food Contamination, Food Safety

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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

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Katerina Heal

Tax Measures in the 2014 UK Budget

UK government continues to support growth and build on economic recovery. On 19 March, UK Chancellor of the Exchequer, George Osborne, released the UK’s 2014 budget. From a business tax perspective, the budget contained…more

Economic Development, Tax Reform, UK

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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

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Mary Hevener

U.S. Supreme Court’s Severance Ruling Impacts Future Unemployment Benefits

The decision in Quality Stores not only kills FICA tax refunds for millions of unemployed workers, but it also requires proactive employer actions to maximize future employer and state unemployment benefit payments to terminated…more

FICA Taxes, Quality Stores, SCOTUS, Severance Pay, Unemployment Benefits

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Robert Hibbert

FDA Proposes Overhaul of Nutrition Facts Labeling

The first major overhaul of the Nutrition Facts panel in more than 20 years focuses on serving sizes, calories, and a refreshed design. The Food and Drug Administration (FDA or the Agency) on February 27 announced the…more

FDA, Food Labeling, NLEA, Nutrition Facts Labels

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W. Reece Hirsch

New California Law Protects Online Account Information

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

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Allyson Ho

Supreme Court to Decide Applicability of the “Prudence Presumption” in ERISA Stock Cases: ESOP and 401(k) Plan Sponsors and Fiduciaries, Take Note

Introduction - In Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Court will decide whether investments in employer stock are entitled to a “prudence presumption” under the Employee Retirement Income Security Act…more

401k, Duty of Prudence, Employee Stock Purchase Plans, ERISA, ESOP

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Nicholas Hobson

Further Changes Announced to UK Immigration Rules

The changes will include longer visas for Tier 2, new minimum salary thresholds for Tier 2, and an increase in maintenance fund thresholds for Point-Based System migrants…more

Immigrants, Immigration Reform, UK

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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

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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

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Charles Horn

Federal Banking Agencies Finalize Supplementary Leverage Ratio Standards

The next step in the adoption of new capital standards will potentially cause the largest U.S. banking organizations to face more stringent minimum capital requirements. On April 8, the Board of Governors of the Federal…more

Banks, FDIC, Federal Reserve, Financial Regulatory Reform, Leverage Capital Ratio

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Matthew Howse

UK Children and Families Act Gains Royal Assent

UK employers need to be aware of several key dates for the act’s proposed changes. On 13 March, the Children and Families Act 2014 received Royal Assent. This act will bring a number of changes for employers and working…more

Employee Rights, Flexible Work Arrangements, Parental Leave, UK

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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

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Ben Indek

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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William Iwaschuk

A Review of, and Insights into, the Volcker Rule Regulations

Executive Summary: ..The final regulations (Regulations) adopted by the five federal financial regulatory agencies (Agencies) on December 10, 2013 to implement the proprietary trading and private fund prohibitions of the…more

Banks, Compliance, FDIC, Federal Reserve, OCC

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Lindsay Jackson

DOL Proposes Amendment to Service Provider Fee Disclosure Regulation

Proposal would require certain service providers to furnish a separate disclosure guide. On March 11, the U.S. Department of Labor (DOL) issued a proposed amendment to its 2012 final regulations under section 408(b)(2) of…more

Disclosure Requirements, DOL, ERISA, Fees

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Zachary Johns

Pennsylvania Supreme Court Rules on Workers’ Compensation Act Case

Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers. On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et al…more

Asbestos, Asbestos Litigation, Mesothelioma, Workplace Injury

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Rene Johnson

New Jersey SAFE Act Becomes Law

New Jersey grants the right to take leave from work to victims of domestic violence and their family members. On July 17, Governor Chris Christie signed into law the New Jersey Security and Financial Empowerment Act (SAFE…more

Assault, Domestic Violence, Employee Rights, Gender-Based Violence, New Legislation

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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

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Lewis Jones

UK Government Considers Curtailing Trespass Laws in Favour of Fracking

Following a change to planning laws that was welcomed by developers, government shows signs of promoting shale gas extraction operations in the UK. The UK government has announced that it is reviewing the existing route…more

Fracking, Shale Gas, Trespass, UK

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Antoine Jouhet

France Enacts the Labor Law Reform Act

This comprehensive reform aims to introduce more flexibility and security into the employment market. On June 14, France's law for labor market reform (referred to as the "Law for the security of employment" or "Loi de…more

Dismissals, Economic Downturn, EU, Fixed-Term Labor Contracts, Global Mobility

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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

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Dallas Kaplan

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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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

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Celia Kendrick

UK Government Publishes Response to Consultation on TUPE

The response to the Consultation will result in key changes to automatic employee transfer legislation, although the changes do not go as far as originally planned. On 5 September, the UK government published its response…more

Consultation, Proposed Legislation, TUPE, UK

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Beth Kiesewetter

Federal Reserve Board Proposes Stricter Bank Liquidity Rules

Proposed rules include a shorter transition period, a narrower definition of what qualifies as “high quality liquid assets,” and a more stringent liquidity stress-testing methodology than the framework issued by the Basel…more

Banks, Basel Committee, Basel III, Dodd-Frank, Federal Reserve

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Jennifer Klass

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Benjamin D. Klein

Senior U.S. Officials Discuss FCPA Enforcement Trends and Activity

Regulators speaking at the American Conference Institute’s 30th International Conference on the Foreign Corrupt Practices Act tout large penalties, enhanced international cooperation, and a renewed focus on individual…more

Anti-Corruption, Compliance, Cross-Border, DOJ, Enforcement

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Daniel Kleinman

DOL Proposes Amendment to Service Provider Fee Disclosure Regulation

Proposal would require certain service providers to furnish a separate disclosure guide. On March 11, the U.S. Department of Labor (DOL) issued a proposed amendment to its 2012 final regulations under section 408(b)(2) of…more

Disclosure Requirements, DOL, ERISA, Fees

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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

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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

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Kenneth Komoroski

Court Holds Reused Water and Condensate Are Not RCRA Solid or Hazardous Waste

U.S. district court rules that coke oven gas condensate is not subject to federal waste rules when reintroduced into the coke-making process…more

Environmental Policies, Hazardous Substances, RCRA, Waste Disposal

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Gerald Konkel

Baltimore City Circuit Court Rejects Attempt to Consolidate Asbestos Cases

Order refusing to consolidate more than 13,000 non-mesothelioma cases continues a U.S.-wide trend of courts moving away from mass trial consolidations in asbestos cases. On March 5, the Circuit Court for Baltimore City—a…more

Asbestos, Asbestos Litigation, Case Consolidation

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Eric Kraeutler

Senior U.S. Officials Discuss FCPA Enforcement Trends and Activity

Regulators speaking at the American Conference Institute’s 30th International Conference on the Foreign Corrupt Practices Act tout large penalties, enhanced international cooperation, and a renewed focus on individual…more

Anti-Corruption, Compliance, Cross-Border, DOJ, Enforcement

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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

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Dmitry Kunitsa

Amendments to Russian Urban Development Code: Clarifications on Tort Liability

Significant amendments affecting the liability of self-regulating organizations and building owners became effective on 1 July 2013. …more

Damages, Joint and Several Liability, Land Developers, Self-Regulatory Organizations

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Sergey Kvitkin

EU Commission Proposes Further Harmonisation of Single-Member Companies

The proposed directive seeks to coordinate national requirements concerning the formation, registration, and operation of single-member companies. On 9 April, the European Commission published a provisional draft of a new…more

EU, Globally Harmonized System, International Harmonization, Limited Liability Companies, LLC

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Richard LaFalce

Initial FATCA Registration/Withholding Dates Draw Near

Foreign financial institutions, such as offshore funds, should register with the IRS by May 5 and review new and revised IRS forms. The July 1 start date for Foreign Account Tax Compliance Act (FATCA) withholding on…more

FATCA, FATCA Timeline, FFI, IRS

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Kerry Land

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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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

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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

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Stanley Lechner

Private Equity Fund May Be “Trade or Business” Under ERISA

First Circuit holds that an investment fund may be responsible for controlled group pension liabilities of portfolio companies. On July 24, the U.S. Court of Appeals for the First Circuit issued a significant decision…more

ERISA, Investment Funds, PBGC, Pensions, Private Equity

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W. John Lee

OSHA Publishes Interim Final Rule for CFPA Whistleblower Claims

Companies providing consumer finance products or services should review policies and training materials to ensure compliance. On April 3, the Occupational Safety and Health Administration (OSHA) published an interim final…more

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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

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Marc Leone

SEC Proposes Rule on Required CEO Pay Ratio Disclosure

Organizations affected by the proposed rule, which may take effect for the 2016 proxy season, should consider submitting comments to the SEC. On September 18, in order to implement the mandated disclosures under section…more

CEOs, Disclosure Requirements, Executive Compensation, Pay Ratio, Proposed Regulation

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Erin Leu

Texas Enacts Uniform Trade Secrets Act

New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into…more

New Legislation, Trade Secrets, Uniform Trade Secrets Acts

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Daniel Levin

Fraudulent Receipts Pose Risks for Multinationals Operating in China

Multinational companies operating in the country should adapt their compliance programs in light of the risk of civil and criminal penalties. Fraudulent official receipts — or "fapiao"(the Chinese word for an official…more

China, Compliance, FCPA, Fraud, Invoices

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David Levy

Eastern District of Texas Adopts Limits on Asserted Patent Claims and Prior Art

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

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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

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Thomas Linthorst

Arbitration Agreements with Class and Collective Action Waivers Enforced

Second Circuit applies Supreme Court's recent ruling in American Express case and further rules that the FLSA collective action procedure can be waived and class and collective action waivers do not violate the NLRA…more

American Express v Italian Colors Restaurant, Class Action, Class Action Arbitration Waivers, Collective Actions, FLSA

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Christine Liu

China’s Life Sciences Regulatory Crackdown: September 10 Update

The regulatory enforcement environment in China remains tense, as both the Chinese government and media bring new actions and allegations against life sciences manufacturers in both the pharmaceutical and device sectors. We are…more

Biotechnology, China, Compliance, Enforcement, Life Sciences

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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

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Christine Lombardo

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Nicholas Losurdo

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Charles Lubar

FinCEN Announces Extension for Certain FBAR Filers

Certain individuals having only signature authority over foreign financial accounts now have until June 30, 2015 to file the Report of Foreign Bank and Financial Accounts…more

Extensions, FBAR, Filing Deadlines, FinCEN, U.S. Treasury

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Albert Lung

NASDAQ Amends Compensation Committee Independence Rules

Amendment eliminates prohibition on the receipt of compensatory fees and aligns NASDAQ listing rules with NYSE standards. On December 11, 2013, NASDAQ Stock Market LLC amended its listing standards relating to the…more

Compensation Committee, Compliance, Executive Compensation, Nasdaq

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Steven Luxton

Baltimore City Circuit Court Rejects Attempt to Consolidate Asbestos Cases

Order refusing to consolidate more than 13,000 non-mesothelioma cases continues a U.S.-wide trend of courts moving away from mass trial consolidations in asbestos cases. On March 5, the Circuit Court for Baltimore City—a…more

Asbestos, Asbestos Litigation, Case Consolidation

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Sean Lynch

Philadelphia Enacts Pregnancy Accommodation Law

An amendment to the city’s ordinance enhances protections for nondisabled employees affected by pregnancy or childbirth and imposes greater accommodation requirements on employers. …more

Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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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

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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

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Jonathan Maier

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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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

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Ronald Manthey

Texas Enacts Uniform Trade Secrets Act

New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into…more

New Legislation, Trade Secrets, Uniform Trade Secrets Acts

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Julie Marcacci

Federal Reserve Finalizes U.S. and Foreign Bank Prudential Standards

The long-awaited standards establish significant structural, liquidity, risk management, and capital requirements for the largest U.S. and foreign banks operating in the United States, including new intermediate holding company…more

Banks, Dodd-Frank, Federal Reserve, Foreign Banks, Prudential Standards

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Lauren Marzullo

OSHA Issues Interim Final Rule for FSMA Whistleblower Claims

The new rule contains important guidance regarding several aspects of the Food Safety Modernization Act’s whistleblower provision. The Occupational Safety and Health Administration (OSHA) has issued an interim final rule…more

FDA, Food Safety, FSMA, OSHA, Whistleblowers

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Levi McAllister

FERC Issues Order Addressing General Requirements for Reactive Power

All generators must have rate schedules for jurisdictional reactive power service on file, even if they are not receiving compensation. On October 17, the Federal Energy Regulatory Commission (FERC or the Commission)…more

Energy, Energy Policy, FERC, Utilities Sector

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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

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Kathleen McDermott

OIG Comes Down Hard on Physician-Owned Distributorship Arrangements

Hospitals and physician-owned entities should consider new report’s cost and utilization concerns. On October 24, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) released…more

Anti-Kickback Statute, Healthcare Fraud, HHS, Medicare, OIG

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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

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Jayne McGlynn

EU Commission Proposes to Amend Shareholder Rights Directive

The proposal covers shareholder votes on remuneration policies and related party transactions and greater transparency obligations on certain market participants. The European Commission (EU Commission) recently published…more

Asset Management, EU, Intermediaries, Market Participants, Proxy Advisors

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John D. McGrane

FERC Proposes Reforms to Improve Gas-Electric Coordination

Through a trilogy of orders, FERC seeks to reform the coordination and scheduling of natural gas pipeline capacity with electricity markets. Electric generators’ increased reliance on natural gas in recent years prompted…more

Energy, FERC, Natural Gas, Pipelines, Utilities Sector

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Paulo McKeeby

Texas Enacts Uniform Trade Secrets Act

New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into…more

New Legislation, Trade Secrets, Uniform Trade Secrets Acts

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Scott Memmott

Open for Business: CMS Open Payments System Begins in Phases

With the Open Payments System rollout, came the phased approach for data submission, requiring aggregate data in Phase 1 and detailed data reporting in Phase 2…more

CMS, Healthcare, Healthcare Reform, Sunshine Act

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Robert C. Mendelson

SEC Issues FAQs on Financial Responsibility Rules

The guidance addresses expense arrangements, buy-in procedures, free credit balances, sweep programs, and bulk transfers, among other things. On March 6, the staff of the Securities and Exchange Commission (SEC) issued…more

Broker-Dealer, Customer Protection Rule, FINRA, Net Capital Rule, SEC

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Alexis Reisin Miller

FDA Updates Reprint Guidance, Reiterates Narrowness of Off-Label Safe-Harbor

FDA updates its recommendations for distribution of reprints, making requirements more specific and addressing additional types of materials typically distributed…more

Drug Manufacturers, FDA, Medical Devices, Off-Label Promotion, Prescription Drugs

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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

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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

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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

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Nicholas Morrell

Baltimore City Circuit Court Rejects Attempt to Consolidate Asbestos Cases

Order refusing to consolidate more than 13,000 non-mesothelioma cases continues a U.S.-wide trend of courts moving away from mass trial consolidations in asbestos cases. On March 5, the Circuit Court for Baltimore City—a…more

Asbestos, Asbestos Litigation, Case Consolidation

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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

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Richard F. Morris

SEC Issues New Relief for Self-Indexing ETFs

Newly issued exemptive orders loosen requirements for ETFs based on affiliated indexes. …more

Asset Valuations, ETFs, Indexing, SEC

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Phoebe Mounts

FDA Draft Guidance Proposes Change to Combination Product Exclusivity Policy

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

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Katarzyna Mularczyk

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Eric Namrow

New ITC Commissioner Sworn In

Commissioner Kieff will work to determine the effects of U.S. intellectual property rights violations on U.S. industry. On October 18, after nomination by President Barack Obama and confirmation by the U.S. Senate in…more

ITC, Political Appointments

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Gregory Needles

Treasury Department and IRS Issue Priority Guidance Plan

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

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Daniel Nelson

Initial FATCA Registration/Withholding Dates Draw Near

Foreign financial institutions, such as offshore funds, should register with the IRS by May 5 and review new and revised IRS forms. The July 1 start date for Foreign Account Tax Compliance Act (FATCA) withholding on…more

FATCA, FATCA Timeline, FFI, IRS

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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

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Floyd Norton IV

FERC Proposes Reforms to Improve Gas-Electric Coordination

Through a trilogy of orders, FERC seeks to reform the coordination and scheduling of natural gas pipeline capacity with electricity markets. Electric generators’ increased reliance on natural gas in recent years prompted…more

Energy, FERC, Natural Gas, Pipelines, Utilities Sector

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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

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Klara Nurgaziyeva

Medical Malpractice Liability: Kazakhstan Law and Practice

Liability for medical malpractice in Kazakhstan remains poorly regulated. The Kazakhstan healthcare system has recently undergone a crucial transformation, with pending reforms designed to improve the quality of medical…more

Healthcare Professionals, Medical Malpractice, Professional Liability

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John O'Brien

SEC Approves General Solicitation in Private Offerings and Proposes Further Regulation D Amendments

On July 10, 2013, the U.S. Securities and Exchange Commission (SEC) issued a series of three releases — referred to in this White Paper as the General Solicitation Release, the Bad Actors Release, and the Proposing Release—that…more

Advertising, Bad Actors, Dodd-Frank, General Solicitation, JOBS Act

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Georgina O'Hara

Group Health Plans: Year-End Action Items and Upcoming Changes

Group health plan sponsors turn their attention to completing 2013 tasks, implementing upcoming 2014 changes, preparing for the ACA Shared Responsibility requirement in 2015, and documenting recent extensive plan changes…more

Affordable Care Act, COBRA, Employer Group Health Plans, Flexible Spending Accounts, Healthcare

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Carla Oakley

New California Law Protects Online Account Information

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

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Nane Oganesyan

Russian Law Update - June 2013

In This Issue: - Russian Civil Law Reform: Recent and Upcoming Amendments - Anti-Corruption Laws: New Compliance Requirements for Russian Companies ..Disclosure of Beneficial Ownership - Amendments to…more

Anti-Corruption, Bad Faith, Compliance, Covenant of Good Faith and Fair Dealing, Disclosure Requirements

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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

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Rebecca Osowski

Open for Business: CMS Open Payments System Begins in Phases

With the Open Payments System rollout, came the phased approach for data submission, requiring aggregate data in Phase 1 and detailed data reporting in Phase 2…more

CMS, Healthcare, Healthcare Reform, Sunshine Act

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James Pagliaro

Pennsylvania Supreme Court Rules on Workers’ Compensation Act Case

Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers. On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et al…more

Asbestos, Asbestos Litigation, Mesothelioma, Workplace Injury

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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

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Amy Pandit

SEC Issues Guidance on Resource Extraction Issuer Rules

FAQs clarify which entities and payments are subject to the final rules. On May 30, the Securities and Exchange Commission (SEC) released frequently asked questions (FAQs) providing guidance on certain aspects of its…more

Dodd-Frank, Form SD, Mining, Resource Extraction, SEC

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Mathilde Paquelier

France Enacts the Labor Law Reform Act

This comprehensive reform aims to introduce more flexibility and security into the employment market. On June 14, France's law for labor market reform (referred to as the "Law for the security of employment" or "Loi de…more

Dismissals, Economic Downturn, EU, Fixed-Term Labor Contracts, Global Mobility

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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

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Gregory Parks

New California Law Protects Online Account Information

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

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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

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Anthony "Tony" Pavel

FDA Proposes Overhaul of Nutrition Facts Labeling

The first major overhaul of the Nutrition Facts panel in more than 20 years focuses on serving sizes, calories, and a refreshed design. The Food and Drug Administration (FDA or the Agency) on February 27 announced the…more

FDA, Food Labeling, NLEA, Nutrition Facts Labels

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Christina Payne-Tsoupros

IRS Announces Compliance Check Program for Tax-Exempt Employers

Sponsors of 457(b) plans may receive questionnaires aimed at identifying noncompliance issues. On June 3, the Employee Plans Compliance Unit of the Internal Revenue Service (IRS) announced the creation of its Section…more

457(b) Plans, Compliance, IRS, Questionnaires, Tax Exemptions

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Eleanor Pelta

H-1B Cap for 2015 Fiscal Year Reached - Update

USCIS received approximately 172,500 H-1B cap-subject petitions during the filing period that began April 1 and conducted its computer-generated random selection process on April 10. …more

H-1B, Highly-Skilled Workers Visa, Lottery, USCIS, Visa Caps

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Mary Pennisi

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Michael M. Philipp

SEC Proposes Enhanced Regulatory Framework for Certain Registered Clearing Agencies

The proposal is consistent with international recommendations and Basel III criteria. On March 12, the Securities and Exchange Commission (SEC) proposed new rules and rule amendments (the Proposal) that would enhance the…more

Basel III, Clearing Agencies, FSOC, SEC

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Gail Pierce

SEC Approves General Solicitation in Private Offerings and Proposes Further Regulation D Amendments

On July 10, 2013, the U.S. Securities and Exchange Commission (SEC) issued a series of three releases — referred to in this White Paper as the General Solicitation Release, the Bad Actors Release, and the Proposing Release—that…more

Advertising, Bad Actors, Dodd-Frank, General Solicitation, JOBS Act

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Kaitlyn L. Piper

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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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

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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

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Anita Polott

The High Price of Challenging a Trademark Trial and Appeal Board Decision in District Court

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

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Michael Puma

FSMA Whistleblower Lawsuit Filed in Federal Court

Food industry should be aware of new risks associated with whistleblower protections for food and beverage company employees. On June 6, one of the first whistleblower lawsuits under the Food Safety Modernization Act…more

Employer Liability Issues, Food Manufacturers, FSMA, Whistleblowers

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Gabriel Quihuis

Initial FATCA Registration/Withholding Dates Draw Near

Foreign financial institutions, such as offshore funds, should register with the IRS by May 5 and review new and revised IRS forms. The July 1 start date for Foreign Account Tax Compliance Act (FATCA) withholding on…more

FATCA, FATCA Timeline, FFI, IRS

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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

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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

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Steven Reed

FTC v. Actavis, Inc. Q&A: Implications for Pharmaceutical Companies

On June 17, 2013, in FTC v. Actavis, Inc., the U.S. Supreme Court ruled that plaintiffs may bring antitrust suits against so-called “reverse payment” or “pay-for-delay” settlements, under which pioneer and generic pharmaceutical…more

Actavis Inc., FTC, FTC v Actavis, Generic Drugs, Pay-For-Delay

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Patrick Rehfield

IRS Issues Notice on Special Tax Adjustment Procedures for Same-Sex Marriages

Notice 2013-61 provides alternative administrative procedures for reporting income and FICA tax adjustments in response to the Windsor decision and Revenue Ruling 2013-17. On September 24, the U.S. Department of the…more

DOMA, FICA Taxes, Income Taxes, IRS, Marriage

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Alexander Reid

Treasury Department and IRS Issue Priority Guidance Plan

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

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Susan Resley

SEC Hosts Roundtable on Cybersecurity Issues and Challenges

Participants recognize the importance of board oversight and risk disclosures. On March 26, the U.S. Securities and Exchange Commission (SEC) hosted a roundtable to discuss cybersecurity and the issues and challenges it…more

Board of Directors, Cybersecurity, Data Protection, Disclosure, Oversight Committee

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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

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Michael Richman

DOL Proposes Amendment to Service Provider Fee Disclosure Regulation

Proposal would require certain service providers to furnish a separate disclosure guide. On March 11, the U.S. Department of Labor (DOL) issued a proposed amendment to its 2012 final regulations under section 408(b)(2) of…more

Disclosure Requirements, DOL, ERISA, Fees

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Sarah Riddell

SEC Proposes Enhanced Regulatory Framework for Certain Registered Clearing Agencies

The proposal is consistent with international recommendations and Basel III criteria. On March 12, the Securities and Exchange Commission (SEC) proposed new rules and rule amendments (the Proposal) that would enhance the…more

Basel III, Clearing Agencies, FSOC, SEC

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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

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Celia Roady

Treasury Department and IRS Issue Priority Guidance Plan

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

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Harry Robins

FTC Raises Hart-Scott-Rodino Thresholds

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

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Kevin Robinson

UK Deferred Prosecution Agreements Code of Practice Published

The Serious Fraud Office has issued a code of practice for deferred prosecution agreements, which are now available as an alternative to conviction for certain white-collar offences in the UK. …more

Deferred Prosecution Agreements, Fraud, UK

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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

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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

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Joseph Ronan, Jr.

SEC Proposes Rule on Required CEO Pay Ratio Disclosure

Organizations affected by the proposed rule, which may take effect for the 2016 proxy season, should consider submitting comments to the SEC. On September 18, in order to implement the mandated disclosures under section…more

CEOs, Disclosure Requirements, Executive Compensation, Pay Ratio, Proposed Regulation

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Adam Roseman

OSHA Publishes Interim Final Rule for CFPA Whistleblower Claims

Companies providing consumer finance products or services should review policies and training materials to ensure compliance. On April 3, the Occupational Safety and Health Administration (OSHA) published an interim final…more

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Ira Rosenstein

New York Increases Minimum Wage, Salaries as of December 31

Department of Labor adopts amendments to wage regulations setting the minimum wage rates for nonexempt employees and minimum salaries for exempt employees…more

Compliance, DOL, Exempt-Employees, Minimum Wage

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Louis Rothberg

Temporary Iran Sanctions Relief

Relief is very limited and alleviates threat of sanctions regarding transactions by non-U.S. or foreign persons. On January 30, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) published…more

Foreign Policy, Iran, Iran Sanctions, OFAC, U.S. Treasury

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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

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Stephen Ruscus

HRSA Publishes Orphan Drug Rule for 340B Program

Rule requires most manufacturers to change government pricing methodologies, calculations, and systems. On July 23, the Health Resources and Services Administration (HRSA) of the U.S. Department of Health and Human…more

340B, Affordable Care Act, Drug Manufacturers, Healthcare, HHS

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Andrew Ruskin

HRSA Publishes Orphan Drug Rule for 340B Program

Rule requires most manufacturers to change government pricing methodologies, calculations, and systems. On July 23, the Health Resources and Services Administration (HRSA) of the U.S. Department of Health and Human…more

340B, Affordable Care Act, Drug Manufacturers, Healthcare, HHS

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Matthew Russell

Supreme Court to Decide Applicability of the “Prudence Presumption” in ERISA Stock Cases: ESOP and 401(k) Plan Sponsors and Fiduciaries, Take Note

Introduction - In Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Court will decide whether investments in employer stock are entitled to a “prudence presumption” under the Employee Retirement Income Security Act…more

401k, Duty of Prudence, Employee Stock Purchase Plans, ERISA, ESOP

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Ignacio A. Sandoval

SEC Issues FAQs on Financial Responsibility Rules

The guidance addresses expense arrangements, buy-in procedures, free credit balances, sweep programs, and bulk transfers, among other things. On March 6, the staff of the Securities and Exchange Commission (SEC) issued…more

Broker-Dealer, Customer Protection Rule, FINRA, Net Capital Rule, SEC

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Kathleen Sanzo

FDA Draft Guidance Proposes Change to Combination Product Exclusivity Policy

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

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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

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Scott Schutte

Supreme Court Again Enforces an Arbitration Agreement with a Class Action Waiver

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

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Torsten Schwarze

German Schuldschein Loans Grow in Popularity

Schuldschein loans, which offer straightforward documentation and easy transferability, are an interesting alternative financing instrument for borrowers and investors. Traditional German debt instruments called…more

Bilateral Agreements, Debt Financing, Foreign Banks

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Matthew Sepp

Court Holds Reused Water and Condensate Are Not RCRA Solid or Hazardous Waste

U.S. district court rules that coke oven gas condensate is not subject to federal waste rules when reintroduced into the coke-making process…more

Environmental Policies, Hazardous Substances, RCRA, Waste Disposal

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Brian W. Shaffer

Five Takeaways from the Supreme Court’s AU Optronics Decision

Court’s decision provides key takeaways for class action defendants, including how the decision limits the use of CAFA’s mass action provision to suits that actually name 100 or more persons as plaintiffs…more

CAFA, Class Action, Mass Action, Mississippi ex rel. Hood v. AU Optronics, SCOTUS

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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

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Nitin Sharma

New Requirements for New Jersey Employers

Employers should take note of the newly effective Pregnant Worker’s Fairness Act as well as two updated wage and hour posters that they must post in the workplace. On January 21, New Jersey Governor Chris Christie signed…more

Employee Rights, Posting Requirements, Pregnancy, Pregnancy Discrimination, Wage and Hour

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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

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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

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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

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Vladimir Shuster

Kazakhstan Adopts Personal Data Protection Law

New law broadens the requirements for protecting personal data and imposes new penalties for the improper collection and processing of personal data. …more

Data Collection, Data Protection

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Aset Shyngyssov

Kazakhstan Amends Public Procurement Rules

New rules may affect business activities conducted with state entities. On 18 January, the president of the Republic of Kazakhstan signed the law “On amendments to some legislative acts of the Republic of Kazakhstan on…more

Procurement Guidelines

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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

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Michelle Seldin Silverman

EEOC Issues New Religious Accommodation Guidelines

New guidelines focus on an employer’s obligation to reasonably accommodate religious garb in the workplace. On March 6, the Equal Employment Opportunity Commission (EEOC) published new guidelines that discuss the…more

EEOC, Reasonable Accommodation, Religion, Religious Discrimination

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Mark Simons

Tax-Qualified Retirement Plans: Amendments and Other Year-End Action Items - 11/21/2013

Plan sponsors should consider whether they need to make certain plan amendments or provide certain plan notices prior to the end of the year. The end of the year marks the deadline by which sponsors of qualified…more

401k, Divorce, Hurricane Sandy, IRS, Notice Requirements

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Robert Sinclair

Collective Consultations Post Woolworths—Bad News for UK Employers

UK Employment Appeal Tribunal issues decision that will require employers to collectively consult on all redundancies of 20 or more employees over a 90-day period. …more

Collective Redundancy Consultations, Employment Tribunals, EU, TULRCA, Woolworths

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Alan Singer

SEC Approves General Solicitation in Private Offerings and Proposes Further Regulation D Amendments

On July 10, 2013, the U.S. Securities and Exchange Commission (SEC) issued a series of three releases — referred to in this White Paper as the General Solicitation Release, the Bad Actors Release, and the Proposing Release—that…more

Advertising, Bad Actors, Dodd-Frank, General Solicitation, JOBS Act

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David Sirignano

NASDAQ Amends Compensation Committee Independence Rules

Amendment eliminates prohibition on the receipt of compensatory fees and aligns NASDAQ listing rules with NYSE standards. On December 11, 2013, NASDAQ Stock Market LLC amended its listing standards relating to the…more

Compensation Committee, Compliance, Executive Compensation, Nasdaq

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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

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J. Daniel Skees

FERC Directs Reliability Standards for Physical Security

New Reliability Standards will require physical protections for critical electric system facilities, including substations and control centers. Following well-publicized threats to the physical security of electric system…more

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Aaron Skrypski

Pennsylvania Supreme Court Rules on Workers’ Compensation Act Case

Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers. On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et al…more

Asbestos, Asbestos Litigation, Mesothelioma, Workplace Injury

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Robert Smith

OFCCP's Final Regulations for Individuals with Disabilities and Protected Veterans

Expansive regulations will subject federal contractors and subcontractors to many new requirements, including utilization goals and hiring benchmarks. On August 27, the Office of Federal Contract Compliance Programs…more

Affirmative Action, Contractors, Disability, Hiring & Firing, OFCCP

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Todd Smith

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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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

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Sabine Smith-Vidal

French Constitutional Court Rules on the “Florange” Law

Court upholds some of the law’s requirements but deems provisions on sanctions to be unconstitutional. The French Constitutional Court rendered an important decision on 27 March regarding the validity of the so-called…more

Due Process, EU, Private Property Rights

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Robert Smyth

European Patent Office Eliminates “Two-Year Divisional” Rule

Office changes rules for filing divisional applications so they are no longer time barred. On October 18, the Administrative Council of the European Patent Office (EPO) announced that the 2010 amendments to Rule 36 of the…more

Divisional Applications, EPO, Patent Applications, Patents

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Jacob Snodgrass

New ITC Commissioner Sworn In

Commissioner Kieff will work to determine the effects of U.S. intellectual property rights violations on U.S. industry. On October 18, after nomination by President Barack Obama and confirmation by the U.S. Senate in…more

ITC, Political Appointments

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Brett Snyder

FERC Reaffirms Reliance on “Committed Shipper” Rate Agreements for Oil Pipelines

The Commission emphasizes that a committed shipper negotiated rate’s deviation from cost-of-service does not overturn the presumption that the rate is just and reasonable…more

Energy, FERC, Oil & Gas, Pipelines, Shipping

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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

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Rodrigo Dominguez Sotomayor

Mexico Increases Mandatory Daily Minimum Wage

Companies with employees in Mexico should ensure their compensation packages comply with the new minimum wage requirements, which became effective January 1. …more

Mexico, Minimum Wage

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E. Andrew Southerling

Select Broker-Dealer, Investment Adviser, and Investment Company Enforcement Cases and Developments: 2013 Year in Review

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

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Steven Spencer

PCOR Trust Fund Fee Due Soon for Many Plans

Calendar-year plans should use updated IRS Form 720 and related instructions to file by July 31 deadline. Under the Affordable Care Act (ACA), for plan years ending on or after October 1, 2012, plan sponsors of…more

Affordable Care Act, COBRA, Employer Mandates, Fees, Form 720

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Stephen Spina

FERC Proposes Reforms to Improve Gas-Electric Coordination

Through a trilogy of orders, FERC seeks to reform the coordination and scheduling of natural gas pipeline capacity with electricity markets. Electric generators’ increased reliance on natural gas in recent years prompted…more

Energy, FERC, Natural Gas, Pipelines, Utilities Sector

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Julie Stapel

DOL Clarifies Revenue Sharing Fiduciary Responsibility Issues

Advisory opinion on "plan asset" issue lays out factors for fiduciary consideration. On July 3, the U.S. Department of Labor (DOL) issued Advisory Opinion 2013-03A, which discusses whether a bookkeeping account for…more

Advisory Opinions, Benefit Plan Sponsors, DOL, ERISA, Fiduciary Duty

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Michael Steinberg

Court Holds Reused Water and Condensate Are Not RCRA Solid or Hazardous Waste

U.S. district court rules that coke oven gas condensate is not subject to federal waste rules when reintroduced into the coke-making process…more

Environmental Policies, Hazardous Substances, RCRA, Waste Disposal

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Scott Stempel

FTC v. Actavis, Inc. Q&A: Implications for Pharmaceutical Companies

On June 17, 2013, in FTC v. Actavis, Inc., the U.S. Supreme Court ruled that plaintiffs may bring antitrust suits against so-called “reverse payment” or “pay-for-delay” settlements, under which pioneer and generic pharmaceutical…more

Actavis Inc., FTC, FTC v Actavis, Generic Drugs, Pay-For-Delay

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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

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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

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Steven Stone

SEC Issues FAQs on Financial Responsibility Rules

The guidance addresses expense arrangements, buy-in procedures, free credit balances, sweep programs, and bulk transfers, among other things. On March 6, the staff of the Securities and Exchange Commission (SEC) issued…more

Broker-Dealer, Customer Protection Rule, FINRA, Net Capital Rule, SEC

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Vasilisa Strizh

Russian Law Update - June 2013

In This Issue: - Russian Civil Law Reform: Recent and Upcoming Amendments - Anti-Corruption Laws: New Compliance Requirements for Russian Companies ..Disclosure of Beneficial Ownership - Amendments to…more

Anti-Corruption, Bad Faith, Compliance, Covenant of Good Faith and Fair Dealing, Disclosure Requirements

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Glen Stuart

Court Holds Reused Water and Condensate Are Not RCRA Solid or Hazardous Waste

U.S. district court rules that coke oven gas condensate is not subject to federal waste rules when reintroduced into the coke-making process…more

Environmental Policies, Hazardous Substances, RCRA, Waste Disposal

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Thomas Sullivan

Five Takeaways from the Supreme Court’s AU Optronics Decision

Court’s decision provides key takeaways for class action defendants, including how the decision limits the use of CAFA’s mass action provision to suits that actually name 100 or more persons as plaintiffs…more

CAFA, Class Action, Mass Action, Mississippi ex rel. Hood v. AU Optronics, SCOTUS

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Joyce Taber

Most Home Care Workers to Be Entitled to Minimum Wage and Overtime

The U.S. Department of Labor’s final rule extending the minimum wage and overtime requirements to most home care workers becomes effective January 1, 2015. …more

Companionship Exemptions, DOL, FLSA, Healthcare, Home Health Care

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Douglas Tan

IRS Issues Notice on Special Tax Adjustment Procedures for Same-Sex Marriages

Notice 2013-61 provides alternative administrative procedures for reporting income and FICA tax adjustments in response to the Windsor decision and Revenue Ruling 2013-17. On September 24, the U.S. Department of the…more

DOMA, FICA Taxes, Income Taxes, IRS, Marriage

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Alison Tanchyk

Brazil Enacts Anti-Corruption Law

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

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Mark Taylor

ITC Taps New Administrative Law Judge and OUII Director

New ALJ and OUII director will have impact on future ITC investigations. On September 23, the U.S. International Trade Commission (ITC) announced that Sandra (Dee) Lord will join the ITC as an Administrative Law Judge…more

ALJ, Competition, Government Shutdown, Imports, ITC

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Ronald Tenpas

U.S. Government Proposes Controversial Rulemaking Regarding the Clean Water Act

The proposed rule offers a definition of “waters of the United States” that expands the Clean Water Act’s jurisdiction. On March 25, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers…more

Clean Water Act, EPA, Jurisdiction, US Army Corps of Engineers, Water

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George J. Terwilliger III

Senior U.S. Officials Discuss FCPA Enforcement Trends and Activity

Regulators speaking at the American Conference Institute’s 30th International Conference on the Foreign Corrupt Practices Act tout large penalties, enhanced international cooperation, and a renewed focus on individual…more

Anti-Corruption, Compliance, Cross-Border, DOJ, Enforcement

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Nick Thomas

UK Children and Families Act Gains Royal Assent

UK employers need to be aware of several key dates for the act’s proposed changes. On 13 March, the Children and Families Act 2014 received Royal Assent. This act will bring a number of changes for employers and working…more

Employee Rights, Flexible Work Arrangements, Parental Leave, UK

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Willard Tom

FTC v. Actavis, Inc. Q&A: Implications for Pharmaceutical Companies

On June 17, 2013, in FTC v. Actavis, Inc., the U.S. Supreme Court ruled that plaintiffs may bring antitrust suits against so-called “reverse payment” or “pay-for-delay” settlements, under which pioneer and generic pharmaceutical…more

Actavis Inc., FTC, FTC v Actavis, Generic Drugs, Pay-For-Delay

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R. Randall Tracht

IRS Releases Guidance for Effective Date of Same-Sex Spousal Retirement Rights

Plan sponsors now know how and by when retirement plans must comply with the U.S. Supreme Court’s decision in Windsor. The IRS has released its long-awaited guidance on the effective date by which qualified retirement…more

DOMA, IRS, Retirement Plan, Same-Sex Marriage, SCOTUS

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Carlos Treistman

Update: Last Obstacle Cleared for Mexican Energy Reform

Minimum number of required state legislatures approves the much-anticipated reform; subsequent litigation imminent. Despite opposition from Mexico’s leftist parties, 17 of the 31 state legislatures—the minimum number…more

Energy, Mexico

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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

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Pamela C. Tsang

FERC Amends Pro Forma SGIP and SGIA

Reforms are expected to reduce the time and cost required to process small generator requests for Interconnection Customers while maintaining reliability, increasing energy supply, and removing barriers to the development of new…more

Eligibility, Fast Track Process, FERC, SGIA, SGIP

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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

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Sam Vardy

English Law Commission Moves Forward with Review of Insurance Law

Newly published draft clauses include proposed changes to the current law, but disputes may arise. The latest step in the English Law Commission’s review of insurance law was announced on 28 January, with the Law…more

Fraud, Insurance Reform, Insurers, Risk Assessment, UK

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A. James Vázquez-Azpiri

H-1B Cap for 2015 Fiscal Year Reached - Update

USCIS received approximately 172,500 H-1B cap-subject petitions during the filing period that began April 1