Morgan Lewis

1701 Market Street
Phladelphia, PA 19103-2921, United States

  • 215.963.5000
  • 215.963.5001

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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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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Fifth Circuit Holds Deferred Compensation Plan Is Governed by ERISA

The decision details important implications for employers that use deferred compensation arrangements…more

Corporate Counsel, Deferred Compensation, Employee Benefits, ERISA

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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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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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Kazakhstan’s New Rehabilitation and Bankruptcy Law

The new law extends the grounds for shareholders’ liability and invalidation of transactions. On 26 March 2014, the new Rehabilitation and Bankruptcy Law (the New Law) took effect in Kazakhstan. The New Law supersedes the…more

Bankruptcy Reform, Commercial Bankruptcy, Liability, Shareholders

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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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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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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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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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New Developments in UK Employment Law

The changes affect the areas of antenatal appointments, equal pay audits, national minimum wage, Reserve Forces membership, whistleblowing, and shared parental leave…more

Employer Liability Issues, Equal Pay, Maternity Leave, Minimum Wage, New Legislation

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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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Mexico Energy Reform: Secondary Legislation Presented to Congress

Mexico’s comprehensive energy reform advances and reflects lessons from the Brazilian experience. On April 30, the administration of President Enrique Peña Nieto presented a package of much-anticipated bills to the…more

Energy, Energy Policy, Energy Reform, Mexico

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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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Challenges in Requiring High-Frequency Traders to Register as Dealers

SEC Chair Mary Jo White outlined a broad market structure proposal that would require high-frequency traders to register with the SEC as dealers and that could signal the end of the dealer-trader distinction…more

Broker-Dealer, Compliance, Enforcement, High Frequency Trading, Registration

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FDA to Cease Active Regulation of MDDS and Other Health IT Devices

The draft guidance also enables some health IT manufacturers to avoid the device tax. The Food and Drug Administration (FDA) took an unusual step on June 20 by issuing new draft guidance that states its intent to not…more

FDA, Health Information Technologies, Healthcare, Medical Devices, Mobile Devices

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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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New Kazakhstan Law on Trade Unions and Amendments to the Labour Code

Under the new law, trade unions are limited and monitored. New Law No. 211-V of the Republic of Kazakhstan on Trade Unions, dated 27 June 2014, (the Law) has been adopted in Kazakhstan. The Law came into force on 11 July…more

New Regulations, Union Membership, Unions

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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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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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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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HIPAA/HITECH Business Associate Agreements: The Home Stretch

The one-year transition rule expires on September 22, 2014. The final regulations under the HIPAA Privacy, Security, and Enforcement Rules as amended by HITECH, make several changes, including modifying the requirements…more

Business Associates, Covered Entities, Final Rules, Healthcare, HIPAA

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IRS Announces Transitional Period for FATCA Enforcement, Other FATCA Rule Changes

The IRS notice further eases, but does not delay, FATCA implementation. On May 2, the Internal Revenue Service (IRS) published Notice 2014-33 (the Notice), which announced that calendar years 2014 and 2015 will be…more

Banks, Enforcement, FATCA, FFIs, Foreign Banks

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New York City Earned Sick Time Act Expanded Before Taking Effect

The Act was recently amended to cover more New York City employers and to impose even greater compliance obligations than the original law passed in 2013…more

Employee Rights, Paid Leave, Sick Leave

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California Supreme Court Enforces Class Action Waivers in Employee Arbitration Agreements

However, the court found PAGA representative action waivers unenforceable; employers should consider practical implications with respect to arbitration agreements. On June 23, the California Supreme Court issued its…more

Arbitration, Class Action, Class Action Arbitration Waivers, CLS Transportation, Employer Liability Issues

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FDA Ups the Ante on Inspections with New Administrative Detention Authority

New authority allows FDA inspectors to quickly detain products during inspections if they believe the products are misbranded or adulterated…more

Drug Manufacturers, FDA, Misbranding, Pharmaceutical, Prescription Drugs

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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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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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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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HIPAA/HITECH Business Associate Agreements: The Home Stretch

The one-year transition rule expires on September 22, 2014. The final regulations under the HIPAA Privacy, Security, and Enforcement Rules as amended by HITECH, make several changes, including modifying the requirements…more

Business Associates, Covered Entities, Final Rules, Healthcare, HIPAA

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FERC Changes Electric Utility Return-on-Equity Calculation

The Commission’s order applies the same methodology used for natural gas and oil pipeline return on equity and discards the former one-step calculation in favor of a two-step calculation that uses short- and long-term growth…more

Consumer Utility Costs, FERC, Utilities Sector

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Medical Device Update: FDA Issues Draft Guidance on Streamlined De Novo Classification Process

On August 14, the Food and Drug Administration (FDA) issued a draft guidance titled “De Novo Classification Process (Evaluation of Automatic Class III Designation).” The draft provides guidance on a streamlined process for…more

FDA, FDASIA, FFDCA, Manufacturers, Medical Devices

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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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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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D.C. Circuit Protects Attorney-Client Privilege in Internal Corporate Investigations

The appellate court clarifies that internal corporate investigations are subject to the attorney-client privilege where one of the significant purposes of the investigation is to secure legal advice for the company…more

Attorney-Client Privilege, Compliance, False Claims Act, Internal Investigations, Kellogg Brown & Root

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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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FDA Ups the Ante on Inspections with New Administrative Detention Authority

New authority allows FDA inspectors to quickly detain products during inspections if they believe the products are misbranded or adulterated…more

Drug Manufacturers, FDA, Misbranding, Pharmaceutical, Prescription Drugs

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Fifth Circuit Holds Deferred Compensation Plan Is Governed by ERISA

The decision details important implications for employers that use deferred compensation arrangements…more

Corporate Counsel, Deferred Compensation, Employee Benefits, ERISA

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Department of State Releases November 2014 Visa Bulletin

Bulletin shows severe retrogression of cutoff date in EB-2 India category; meanwhile, the cutoff date in all other employment-based categories will advance. EB-3 China will once again move ahead of EB-2 China…more

China, EB-2, EB-3, Immigrants, India

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U.S. Supreme Court Issues Historic Noel Canning Decision

The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and…more

Canning v NLRB, NLRA, NLRB, Recess Appointments, SCOTUS

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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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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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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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Mexico Energy Reform: Secondary Legislation Presented to Congress

Mexico’s comprehensive energy reform advances and reflects lessons from the Brazilian experience. On April 30, the administration of President Enrique Peña Nieto presented a package of much-anticipated bills to the…more

Energy, Energy Policy, Energy Reform, Mexico

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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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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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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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DOL Issues Final Federal Contractor Minimum Wage Rule

Under Executive Order 13658, covered employees must be paid at least $10.10 per hour starting January 1, 2015. On October 7, the U.S. Department of Labor (DOL) published in the Federal Register the preamble and final rule…more

DOL, Employee Rights, Executive Orders, Federal Contractors, Minimum Wage

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Medical Device Update: FDA Issues Draft Guidance on Streamlined De Novo Classification Process

On August 14, the Food and Drug Administration (FDA) issued a draft guidance titled “De Novo Classification Process (Evaluation of Automatic Class III Designation).” The draft provides guidance on a streamlined process for…more

FDA, FDASIA, FFDCA, Manufacturers, Medical Devices

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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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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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Department of State Releases November 2014 Visa Bulletin

Bulletin shows severe retrogression of cutoff date in EB-2 India category; meanwhile, the cutoff date in all other employment-based categories will advance. EB-3 China will once again move ahead of EB-2 China…more

China, EB-2, EB-3, Immigrants, India

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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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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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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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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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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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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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Francophone Africa: Changes to OHADA Rules on Operating through Branches

The Organisation for Harmonisation of Business Law in Africa’s new Uniform Act provisions will impact petroleum companies operating through branches in the organisation’s member states. …more

Africa, Foreign Policy, International Tax Issues, OHADA, Oil & Gas

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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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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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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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D.C. Circuit Supports Government Contractors’ Reliance on Supplier Certification of TAA Compliance in Qui Tam Suit

In a qui tam whistleblower suit under the False Claims Act, the D.C. Circuit affirmed a lower court finding that a federal contractor reasonably relied on certifications of Trade Agreements Act compliance from its distributor…more

Compliance, False Claims Act, Qui Tam, Suppliers, Trade Agreements

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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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New Cybersecurity Framework Revealed

The framework provides standards and best practices for identifying, assessing, and managing cybersecurity risk. Now that the Obama administration has unveiled the final version of its anticipated Cybersecurity Framework…more

Barack Obama, Best Management Practices, Cybersecurity, Cybersecurity Framework, Executive Orders

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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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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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U.S. Supreme Court Issues Historic Noel Canning Decision

The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and…more

Canning v NLRB, NLRA, NLRB, Recess Appointments, SCOTUS

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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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IRS Information Document Request Enforcement Procedures Update

The U.S. Supreme Court clarifies what is necessary to challenge a summons issued by the IRS for an improper purpose. On June 19, in United States v. Clarke, the U.S. Supreme Court held that a taxpayer is entitled to…more

Bad Faith, Enforcement, IRS, SCOTUS, Summons

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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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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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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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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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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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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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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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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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FDA Ups the Ante on Inspections with New Administrative Detention Authority

New authority allows FDA inspectors to quickly detain products during inspections if they believe the products are misbranded or adulterated…more

Drug Manufacturers, FDA, Misbranding, Pharmaceutical, Prescription Drugs

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French High Court Rules on Parent Companies’ Liability to Subsidiaries’ Employees

The court provides guidance on liability if a subsidiary goes bankrupt because of the misconduct and careless management of its parent company…more

Commercial Bankruptcy, Employer Liability Issues, France, Subsidiaries

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Supreme Court Rejects “Presumption of Prudence” in ERISA Employer Stock Cases

The Court’s Dudenhoeffer decision also provides some guidance for scrutinizing such claims at the pleadings stage. On June 25, the U.S. Supreme Court issued its unanimous decision in Fifth Third Bancorp v. Dudenhoeffer,…more

ERISA, ESOP, Fiduciary Duty, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company

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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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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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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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Pennsylvania Non-Compete Update

The Superior Court of Pennsylvania reaffirms that restrictive covenants added to existing employment relationships must be supported by “valuable consideration.” Pennsylvania courts have long held that an employer seeking…more

Employment Contract, Non-Compete Agreements, Restrictive Covenants

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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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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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PCAOB’s Standard-Setting Agenda: No New Adoptions of Substantive Audit Standards

The PCAOB’s Chief Auditor issued a new standard-setting agenda on September 30 (the Updated Agenda), which notes the following future requests for comments, but no substantive adoptions, between October 2014 and March 2015…more

Audits, Financial Regulatory Reform, FSAB, PCAOB, Reporting Requirements

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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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Final and Proposed Regulations on Hybrid Pension Plans

Plan sponsors have been granted limited relief to bring cash balance interest crediting rates into compliance. On September 18, the Internal Revenue Service (IRS) published final and proposed regulations for cash balance…more

Benefit Plan Sponsors, Defined Benefit Plans, Final Rules, IRC, IRS

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SEC Targets Corporate Insiders for Failing to Promptly Disclose Stock Transactions

The Commission has announced an unprecedented enforcement initiative against officers, directors, and major stockholders for violating beneficial ownership reporting requirements and against public companies for their roles in…more

Beneficial Owner, Corporate Officers, Directors, Disclosure Requirements, Publicly-Traded Companies

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DOL Issues Final Federal Contractor Minimum Wage Rule

Under Executive Order 13658, covered employees must be paid at least $10.10 per hour starting January 1, 2015. On October 7, the U.S. Department of Labor (DOL) published in the Federal Register the preamble and final rule…more

DOL, Employee Rights, Executive Orders, Federal Contractors, Minimum Wage

See All Updates »

FERC Changes Electric Utility Return-on-Equity Calculation

The Commission’s order applies the same methodology used for natural gas and oil pipeline return on equity and discards the former one-step calculation in favor of a two-step calculation that uses short- and long-term growth…more

Consumer Utility Costs, FERC, Utilities Sector

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Florida’s Strict New Data Breach Notification Law Takes Effect

The new law sets up one of the most robust data protection regimes in the United States and is relevant to any business that collects personal information nationwide…more

Breach Notification Rule, Corporate Counsel, Cybersecurity, Data Breach, Data Protection

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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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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

See All Updates »

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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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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Pennsylvania Does Not Recognize Duty to Warn an Employee’s Spouse

District court predicts that Pennsylvania will not recognize a duty to protect or warn the spouse of an employee in “take home” or “household” asbestos exposure cases. On August 26, Judge Eduardo C. Robreno of the U.S…more

Asbestos, Boeing, Employer Liability Issues, Take-Home Exposure

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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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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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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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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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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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Department of State Releases November 2014 Visa Bulletin

Bulletin shows severe retrogression of cutoff date in EB-2 India category; meanwhile, the cutoff date in all other employment-based categories will advance. EB-3 China will once again move ahead of EB-2 China…more

China, EB-2, EB-3, Immigrants, India

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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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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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HIPAA/HITECH Business Associate Agreements: The Home Stretch

The one-year transition rule expires on September 22, 2014. The final regulations under the HIPAA Privacy, Security, and Enforcement Rules as amended by HITECH, make several changes, including modifying the requirements…more

Business Associates, Covered Entities, Final Rules, Healthcare, HIPAA

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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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Food Companies Should Expect More False Advertising Claims

The Supreme Court holds that competitors may bring Lanham Act claims challenging food and beverage labels that are regulated by the FDA…more

Advertising, Coca Cola, FDA, FDCA, Food Labeling

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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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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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D.C. Circuit Protects Attorney-Client Privilege in Internal Corporate Investigations

The appellate court clarifies that internal corporate investigations are subject to the attorney-client privilege where one of the significant purposes of the investigation is to secure legal advice for the company…more

Attorney-Client Privilege, Compliance, False Claims Act, Internal Investigations, Kellogg Brown & Root

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Challenges in Requiring High-Frequency Traders to Register as Dealers

SEC Chair Mary Jo White outlined a broad market structure proposal that would require high-frequency traders to register with the SEC as dealers and that could signal the end of the dealer-trader distinction…more

Broker-Dealer, Compliance, Enforcement, High Frequency Trading, Registration

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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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Association of British Insurers Releases New Best Practice Guidelines for Lock-Up Periods

The Association of British Insurers’ guidelines recommend greater transparency in disclosures relating to lock-up agreements. On 14 April, the Association of British Insurers (ABI) published best practice recommendations…more

Disclosure Requirements, Foreign Banks, Lock-Up Requirements, Transparency

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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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U.S. Supreme Court Issues Historic Noel Canning Decision

The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and…more

Canning v NLRB, NLRA, NLRB, Recess Appointments, SCOTUS

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U.S. Supreme Court Issues Historic Noel Canning Decision

The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and…more

Canning v NLRB, NLRA, NLRB, Recess Appointments, SCOTUS

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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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Revised OFAC Guidance on "Shadow" SDNs

OFAC expands the scope of its 50% rule. On August 13, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued “Revised Guidance on Entities Owned by Persons Whose Property and Interests in…more

Asset Freeze, Blocked Entities, Blocked Person, Fifty Percent Rule, OFAC

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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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Challenges in Requiring High-Frequency Traders to Register as Dealers

SEC Chair Mary Jo White outlined a broad market structure proposal that would require high-frequency traders to register with the SEC as dealers and that could signal the end of the dealer-trader distinction…more

Broker-Dealer, Compliance, Enforcement, High Frequency Trading, Registration

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Department of State Releases November 2014 Visa Bulletin

Bulletin shows severe retrogression of cutoff date in EB-2 India category; meanwhile, the cutoff date in all other employment-based categories will advance. EB-3 China will once again move ahead of EB-2 China…more

China, EB-2, EB-3, Immigrants, India

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California Supreme Court Provides Guidance on Class Certification

In its Duran decision, the court emphasized that trial courts considering class certification must determine whether the case is manageable as a class action. On May 29, the California Supreme Court issued its decision in…more

Class Action, Class Certification, Exempt-Employees, U.S. Bank National Association, Wage and Hour

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Mexico Energy Reform: Secondary Legislation Presented to Congress

Mexico’s comprehensive energy reform advances and reflects lessons from the Brazilian experience. On April 30, the administration of President Enrique Peña Nieto presented a package of much-anticipated bills to the…more

Energy, Energy Policy, Energy Reform, Mexico

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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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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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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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New York State Tax Reform Update

Qualified manufacturers subject to the New York State Business Corporation Tax may now pay no tax on business income earned in New York…more

Business Taxes, Corporate Taxes, Income Taxes, State Taxes, Tax Reform

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The New Era of Money Market Fund Regulation

On July 23, 2014, the U.S. Securities and Exchange Commission (SEC) voted 3–2 to significantly amend the regulatory framework of money market mutual funds (MMFs), particularly Rule 2a-7 under the Investment Company Act of 1940,…more

Disclosure Requirements, Floating NAV, Liquidity Fees, Money Market Funds, Redemption Gates

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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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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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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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New OSHA Reporting Mandate Includes Single Employee Hospitalization

Prior to January 1, 2015, employers should take steps to ensure compliance with a significant new OSHA rule that requires employers to notify OSHA within 24 hours of the in-patient hospitalization of more than one employee or an…more

Bodily Injury, OSHA, Reporting Requirements, Workplace Injury

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PCAOB’s Standard-Setting Agenda: No New Adoptions of Substantive Audit Standards

The PCAOB’s Chief Auditor issued a new standard-setting agenda on September 30 (the Updated Agenda), which notes the following future requests for comments, but no substantive adoptions, between October 2014 and March 2015…more

Audits, Financial Regulatory Reform, FSAB, PCAOB, Reporting Requirements

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Newark’s Paid Sick Leave Ordinance Takes Effect

Employers in New Jersey’s largest city must prepare to comply with the new obligations required by the Ordinance. The City of Newark’s paid sick leave ordinance (the Ordinance) will take effect on June 21, 2014. Employees…more

Employee Rights, Paid Leave, Sick Leave

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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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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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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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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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IRS Announces Transitional Period for FATCA Enforcement, Other FATCA Rule Changes

The IRS notice further eases, but does not delay, FATCA implementation. On May 2, the Internal Revenue Service (IRS) published Notice 2014-33 (the Notice), which announced that calendar years 2014 and 2015 will be…more

Banks, Enforcement, FATCA, FFIs, Foreign Banks

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OCC Issues Updated Guidance on Collective Investment Funds

The update to the Comptroller’s Handbook highlights the Office of the Comptroller of the Currency’s enhanced expectations regarding the overall risk management of collective investment fund activity and provides insight into…more

CIF Handbook, Investment Funds, OCC, Risk Management

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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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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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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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OIG Proposes Rules on Free Transportation, Hospital Gainsharing, and Other Access to Care Arrangements

The proposed rule to give providers more protections to promote beneficiary access to care solicits significant industry input. On October 2, the Department of Health and Human Services (HHS) Office of Inspector General…more

Affordable Care Act, Anti-Kickback Statute, Civil Monetary Penalty, Gainsharing, Health Care Providers

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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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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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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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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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FDA Rule Prohibits Certain Nutrient Content Claims for Omega-3 Fatty Acids

The final rule prohibits label claims of food products, including dietary supplements, that are “high in,” “rich in,” or an “excellent source of” DHA or EPA and allows some nutrient content claims for ALA. On April 28,…more

Compliance, Dietary Supplements, FDA, Final Rules, Food Labeling

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Supreme Court Sets New Standard for Attorney Fee Recovery in Patent Cases

Court lowers the threshold for “exceptional” cases. On April 29, in Octane Fitness, LLC v. Icon Health & Fitness, Inc., the U.S. Supreme Court rejected the U.S. Court of Appeals for the Federal Circuit’s existing standard…more

Attorney's Fees, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement, Patent Litigation

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California Supreme Court Enforces Class Action Waivers in Employee Arbitration Agreements

However, the court found PAGA representative action waivers unenforceable; employers should consider practical implications with respect to arbitration agreements. On June 23, the California Supreme Court issued its…more

Arbitration, Class Action, Class Action Arbitration Waivers, CLS Transportation, Employer Liability Issues

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Supreme Court Rejects “Presumption of Prudence” in ERISA Employer Stock Cases

The Court’s Dudenhoeffer decision also provides some guidance for scrutinizing such claims at the pleadings stage. On June 25, the U.S. Supreme Court issued its unanimous decision in Fifth Third Bancorp v. Dudenhoeffer,…more

ERISA, ESOP, Fiduciary Duty, FIfth Third Bancorp v Dudenhoeffer, Fifth Third Mortgage Company

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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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New Jersey “Bans the Box” Statewide

New Jersey joins the ranks of states that prohibit certain criminal history inquiries during the hiring process. New Jersey’s Opportunity to Compete Act (OTCA), signed into law on August 11, is the latest among a rising…more

Ban the Box, Criminal Background Checks, Employee Rights, Job Applicants

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California Supreme Court Provides Guidance on Class Certification

In its Duran decision, the court emphasized that trial courts considering class certification must determine whether the case is manageable as a class action. On May 29, the California Supreme Court issued its decision in…more

Class Action, Class Certification, Exempt-Employees, U.S. Bank National Association, Wage and Hour

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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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D.C. Circuit Supports Government Contractors’ Reliance on Supplier Certification of TAA Compliance in Qui Tam Suit

In a qui tam whistleblower suit under the False Claims Act, the D.C. Circuit affirmed a lower court finding that a federal contractor reasonably relied on certifications of Trade Agreements Act compliance from its distributor…more

Compliance, False Claims Act, Qui Tam, Suppliers, Trade Agreements

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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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FSIS Proposes New Recordkeeping Requirements for Ground Beef Processors/Retailers

The proposal, if adopted, will require new recordkeeping by both processing establishments and retail facilities that grind raw beef products…more

Food Contamination, Food Manufacturers, Food Safety, FSIS, Recordkeeping Requirements

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Florida’s Strict New Data Breach Notification Law Takes Effect

The new law sets up one of the most robust data protection regimes in the United States and is relevant to any business that collects personal information nationwide…more

Breach Notification Rule, Corporate Counsel, Cybersecurity, Data Breach, Data Protection

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U.S. Supreme Court Issues Historic Noel Canning Decision

The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and…more

Canning v NLRB, NLRA, NLRB, Recess Appointments, SCOTUS

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Unrestricted Certificate of Sponsorship Allocation Renewals in the UK to Be Automated

The Home Office has introduced a new automated renewal of Tier 2 (General) and Tier 2 (Intra-Company Transfer) Certificate of Sponsorship annual allocations. All Tier 2 unrestricted Certificate of Sponsorship allocations…more

Hiring & Firing, Right to Work, UK, Visas, Work Visas

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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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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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FinCEN Proposes to Expand Financial Institution Customer Due Diligence Requirements

The proposal would require financial institutions to identify beneficial owners of legal entities and codify existing customer due diligence guidance…more

Anti-Money Laundering, Bank Secrecy Act, Banks, Compliance, Due Diligence

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New Developments in UK Employment Law

The changes affect the areas of antenatal appointments, equal pay audits, national minimum wage, Reserve Forces membership, whistleblowing, and shared parental leave…more

Employer Liability Issues, Equal Pay, Maternity Leave, Minimum Wage, New Legislation

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Halliburton II Upholds Basic Presumption

The Supreme Court upholds the fraud-on-the-market presumption but allows defendants to rebut the presumption at the class certification stage. On June 23, the U.S. Supreme Court issued its long-anticipated decision in…more

Basic v Levinson, Class Action, Fraud, Fraud-on-the-Market, Halliburton

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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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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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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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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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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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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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IRS Information Document Request Enforcement Procedures Update

The U.S. Supreme Court clarifies what is necessary to challenge a summons issued by the IRS for an improper purpose. On June 19, in United States v. Clarke, the U.S. Supreme Court held that a taxpayer is entitled to…more

Bad Faith, Enforcement, IRS, SCOTUS, Summons

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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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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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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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New Kazakhstan Permits and Notifications Law

The provisions that relate to permits and licenses were recently consolidated into one legislative act. In November 2014, the Permits and Notifications Law of 16 May 2014 (the New Law) will take effect in Kazakhstan. To…more

Amended Legislation, Licenses, New Legislation, Permits

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New Kazakhstan Law on Trade Unions and Amendments to the Labour Code

Under the new law, trade unions are limited and monitored. New Law No. 211-V of the Republic of Kazakhstan on Trade Unions, dated 27 June 2014, (the Law) has been adopted in Kazakhstan. The Law came into force on 11 July…more

New Regulations, Union Membership, Unions

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D.C. Circuit Protects Attorney-Client Privilege in Internal Corporate Investigations

The appellate court clarifies that internal corporate investigations are subject to the attorney-client privilege where one of the significant purposes of the investigation is to secure legal advice for the company…more

Attorney-Client Privilege, Compliance, False Claims Act, Internal Investigations, Kellogg Brown & Root

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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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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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New Changes to Engagement Letters Preclude Company Intervention in Portions of Audits Performed by Company Personnel

A recent auditing standard issued by the AICPA’s Auditing Standards Board may result in the inclusion of a new provision in auditors’ engagement letters related to external auditors’ use of the work of internal auditors and…more

AICPA, Audits, Contracts Clause, Engagement Letters, PCAOB

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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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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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Federal Appeals Court Defines “Instrumentality” Under FCPA

Federal appeals court provides a two-step “control” and “function” analysis for determining whether an entity qualifies as an “instrumentality” under the Foreign Corrupt Practices Act. On May 16, the U.S. Court of Appeals…more

Appeals, Controlled Foreign Corporations, DOJ, FCPA, Foreign Official

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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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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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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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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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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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Federal Appeals Court Defines “Instrumentality” Under FCPA

Federal appeals court provides a two-step “control” and “function” analysis for determining whether an entity qualifies as an “instrumentality” under the Foreign Corrupt Practices Act. On May 16, the U.S. Court of Appeals…more

Appeals, Controlled Foreign Corporations, DOJ, FCPA, Foreign Official

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Powering Sustainability

Recent focus on distributed generation has not addressed how companies will fully meet increasing sustainability commitments, including goals of being “100% powered by renewable energy.” Customers and utilities are exploring new…more

Energy Policy, Google, Renewable Energy, Sprint, Unilever

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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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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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IRS Announces Transitional Period for FATCA Enforcement, Other FATCA Rule Changes

The IRS notice further eases, but does not delay, FATCA implementation. On May 2, the Internal Revenue Service (IRS) published Notice 2014-33 (the Notice), which announced that calendar years 2014 and 2015 will be…more

Banks, Enforcement, FATCA, FFIs, Foreign Banks

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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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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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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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Department of State Releases November 2014 Visa Bulletin

Bulletin shows severe retrogression of cutoff date in EB-2 India category; meanwhile, the cutoff date in all other employment-based categories will advance. EB-3 China will once again move ahead of EB-2 China…more

China, EB-2, EB-3, Immigrants, India

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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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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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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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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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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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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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Texas Appellate Court Rules Late Arbitration Awards Are Void

Parties arbitrating in Texas should set formal agreements for delayed awards and should consider whether to object to awards that are not timely. In an arbitration case of first impression—Sims v. Building Tomorrow’s…more

Arbitration, Arbitration Awards

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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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N.J. Supreme Court Rules that Consumer Arbitration Pact Is Invalid

The court found that the arbitration agreement failed to clearly and unambiguously advise that the plaintiff was giving up the right to pursue statutory claims in court…more

Arbitration, Arbitration Agreements, Waivers

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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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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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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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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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FERC Changes Electric Utility Return-on-Equity Calculation

The Commission’s order applies the same methodology used for natural gas and oil pipeline return on equity and discards the former one-step calculation in favor of a two-step calculation that uses short- and long-term growth…more

Consumer Utility Costs, FERC, Utilities Sector

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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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SEC Targets Corporate Insiders for Failing to Promptly Disclose Stock Transactions

The Commission has announced an unprecedented enforcement initiative against officers, directors, and major stockholders for violating beneficial ownership reporting requirements and against public companies for their roles in…more

Beneficial Owner, Corporate Officers, Directors, Disclosure Requirements, Publicly-Traded Companies

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Pennsylvania Does Not Recognize Duty to Warn an Employee’s Spouse

District court predicts that Pennsylvania will not recognize a duty to protect or warn the spouse of an employee in “take home” or “household” asbestos exposure cases. On August 26, Judge Eduardo C. Robreno of the U.S…more

Asbestos, Boeing, Employer Liability Issues, Take-Home Exposure

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N.J. Supreme Court Rules that Consumer Arbitration Pact Is Invalid

The court found that the arbitration agreement failed to clearly and unambiguously advise that the plaintiff was giving up the right to pursue statutory claims in court…more

Arbitration, Arbitration Agreements, Waivers

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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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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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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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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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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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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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IRS Information Document Request Enforcement Procedures Update

The U.S. Supreme Court clarifies what is necessary to challenge a summons issued by the IRS for an improper purpose. On June 19, in United States v. Clarke, the U.S. Supreme Court held that a taxpayer is entitled to…more

Bad Faith, Enforcement, IRS, SCOTUS, Summons

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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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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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EPA Adopts Fish Protection Standards for Cooling Water Intake Structures

The regulation requires power plants and manufacturing facilities to demonstrate that their cooling water withdrawals minimize fish mortality. The U.S. Environmental Protection Agency (EPA) has issued regulations under…more

Clean Water Act, EPA, Manufacturing Facilities, New Regulations, NPDES

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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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Final and Proposed Regulations on Hybrid Pension Plans

Plan sponsors have been granted limited relief to bring cash balance interest crediting rates into compliance. On September 18, the Internal Revenue Service (IRS) published final and proposed regulations for cash balance…more

Benefit Plan Sponsors, Defined Benefit Plans, Final Rules, IRC, IRS

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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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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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Federal Agencies Cannot Be Fined for Reliability Standard Violations

The D.C. Circuit concluded that sovereign immunity prevents FERC and NERC from imposing monetary penalties on federal agencies that violate Reliability Standards…more

Electricity, Federal Power Act, FERC, Government Entities, NERC

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California Supreme Court Enforces Class Action Waivers in Employee Arbitration Agreements

However, the court found PAGA representative action waivers unenforceable; employers should consider practical implications with respect to arbitration agreements. On June 23, the California Supreme Court issued its…more

Arbitration, Class Action, Class Action Arbitration Waivers, CLS Transportation, Employer Liability Issues

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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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New York City Earned Sick Time Act Expanded Before Taking Effect

The Act was recently amended to cover more New York City employers and to impose even greater compliance obligations than the original law passed in 2013…more

Employee Rights, Paid Leave, Sick Leave

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Massachusetts Employers Prepare for Employment Law Changes

The pending proposals include a ban on noncompete agreements and a boost to the minimum wage. Employers with workers in Massachusetts should closely watch the upcoming close of the Massachusetts legislature’s current…more

Employer Liability Issues, Legislative Agendas, Minimum Wage, New Legislation, Non-Compete Agreements

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Florida’s Strict New Data Breach Notification Law Takes Effect

The new law sets up one of the most robust data protection regimes in the United States and is relevant to any business that collects personal information nationwide…more

Breach Notification Rule, Corporate Counsel, Cybersecurity, Data Breach, Data Protection

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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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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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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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