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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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Ruling rejects DOL challenge of an agreement by a 100% ESOP-owned company to advance defense costs and indemnify a trustee…more
DOL, ERISA, ESOP, Indemnification, Legal Costs
The decision details important implications for employers that use deferred compensation arrangements…more
Corporate Counsel, Deferred Compensation, Employee Benefits, ERISA
Any subordinated debt, including Eurobonds, issued after 1 March 2013 must comply with the new rules in order to qualify as regulatory capital…more
Bank of Russia, Basel III, Bonds, Debt, Russia
Companies doing business in the country should evaluate their compliance programs to avoid the law's sanctions on violators.
On August 2, Brazilian President Dilma Rousseff signed Law No. 12,846/2013—unofficially called…more
Anti-Bribery, Anti-Corruption, Bribery, Compliance, FCPA
The new law extends the grounds for shareholders’ liability and invalidation of transactions.
On 26 March 2014, the new Rehabilitation and Bankruptcy Law (the New Law) took effect in Kazakhstan. The New Law supersedes the…more
Bankruptcy Reform, Commercial Bankruptcy, Liability, Shareholders
Eastern District’s order aims to focus patent cases in an attempt to reduce costs.
On October 29, Chief District Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas signed a general order…more
Claim Construction, Discovery, Patents, Prior Art
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
Employers should note upcoming cafeteria plan design changes that require an amendment no later than December 31, 2014 and other upcoming 2015 action items…more
Cafeteria Plans, Corporate Counsel, Employer Group Health Plans, Employer Mandates, Health Insurance
New case law and statutory changes increase litigation and liability risk for employers that fail to comply with both federal and state lactation break laws…more
Affordable Care Act, Breastfeeding, Discrimination, EEOC, FLSA
The changes affect the areas of antenatal appointments, equal pay audits, national minimum wage, Reserve Forces membership, whistleblowing, and shared parental leave…more
Employer Liability Issues, Equal Pay, Maternity Leave, Minimum Wage, New Legislation
New TUPE Regulations come into force on 31 January, with the Department for Business, Innovation and Skills issuing updated accompanying guidance.
On 31 January 2014, the regulations that will amend the UK’s Transfer of…more
Employee Rights, TUPE, UK
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
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
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
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
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
Under the new law, trade unions are limited and monitored.
New Law No. 211-V of the Republic of Kazakhstan on Trade Unions, dated 27 June 2014, (the Law) has been adopted in Kazakhstan. The Law came into force on 11 July…more
New Regulations, Union Membership, Unions
On January 6, New Jersey employers must begin complying with new posting and notice requirements under the New Jersey Equal Pay Act.
On December 11, the New Jersey Department of Labor and Workforce Development (NJDOL)…more
Compliance, DOL, Equal Pay, Gender Equity, Notice Requirements
On November 19, 2014, the U.S. Securities and Exchange Commission (SEC) unanimously adopted Regulation Systems Compliance and Integrity (Regulation SCI) under the Securities Exchange Act of 1934 (Exchange Act). Regulation SCI…more
Covered Entities, Financial Markets, Market Participants, Regulation SCI, SEC
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
The decision unexpectedly expands potential liability.
On January 8, the U.S. Court of Appeals for the Fourth Circuit issued a panel decision that established a new and potentially significant False Claims Act (FCA)…more
Appeals, Breach of Contract, Defense Sector, False Claims Act, Federal Contractors
The 2015 Cromnibus and the Tax Increase Prevention Act of 2014 solve some problems and raise others.
On December 16, 2014, U.S. President Barack Obama signed the Consolidated and Further Continuing Appropriations Act of…more
Affordable Care Act, Appropriations Bill, ERISA, Expatriates, Health Insurance
The 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
The Act was recently amended to cover more New York City employers and to impose even greater compliance obligations than the original law passed in 2013…more
Employee Rights, Paid Leave, Sick Leave
Employers should take action to ensure compliance with new employment laws that take effect January 1, 2015.
In September 2014, California Governor Jerry Brown signed more than 300 new laws, many of which may require…more
Employer Mandates, Employment Policies, New Legislation, Wage and Hour, Year-End Planning
New authority allows FDA inspectors to quickly detain products during inspections if they believe the products are misbranded or adulterated…more
Drug Manufacturers, FDA, Misbranding, Pharmaceutical, Prescription Drugs
Table of Contents:
Executive Summary; U.S. Securities and Exchange Commission; and Financial Industry Regulatory Authority.
Executive Summary -
This Outline highlights key U.S. Securities and Exchange…more
Broker-Dealer, Enforcement Actions, FINRA, Investment Adviser, SEC
This is the first issue of “Automotive News”, a regular update on current developments in the automotive industry, with a particular focus on Germany, published by Morgan Lewis’ automotive practice for clients and interested…more
Antitrust Provisions, Auto Manufacturers, Auto Parts, Automotive Industry, Joint Venture
New market exclusivity opportunities emerge for pharmaceutical companies.
In draft guidance released by the Food and Drug Administration (FDA or the Agency) on February 24, 2014, the Agency proposed changes to its…more
Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs
The one-year transition rule expires on September 22, 2014.
The final regulations under the HIPAA Privacy, Security, and Enforcement Rules as amended by HITECH, make several changes, including modifying the requirements…more
Business Associates, Covered Entities, Final Rules, Healthcare, HIPAA
The Commission’s order applies the same methodology used for natural gas and oil pipeline return on equity and discards the former one-step calculation in favor of a two-step calculation that uses short- and long-term growth…more
Consumer Utility Costs, FERC, Utilities Sector
On January 20, 2015, the U.S. Food and Drug Administration (FDA or the Agency) announced the availability of two draft guidance documents in the Federal Register: “General Wellness: Policy for Low Risk…more
FDA, Medical Device Accessories, Medical Devices, New Guidance, Wearable Technology
The D.C. Circuit clarifies that FERC may prohibit manipulative trading only in markets outside of the CFTC's exclusive jurisdiction over commodity futures contracts.
On March 15, the U.S. Court of Appeals for the District…more
CFTC, Commodity Futures Contracts, Exclusive Jurisdiction, FERC, Natural Gas
Guidance provides temporary relief from the August deadline for annual disclosures by participant-directed plans.
On July 22, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin 2013-02 (the Bulletin),…more
Benefit Plan Sponsors, Compliance, Deadlines, Delays, Disclosure Requirements
The appellate court clarifies that internal corporate investigations are subject to the attorney-client privilege where one of the significant purposes of the investigation is to secure legal advice for the company…more
Attorney-Client Privilege, Compliance, False Claims Act, Internal Investigations, Kellogg Brown & Root
EC Commissioner Oettinger makes noteworthy comments during a conference in Munich regarding the pending EU Data Protection Reform.
In 2012, the European Commission (EC) proposed a major reform to the…more
EU, EU Data Protection Laws, European Commission
Employers should take note of the newly effective amendment to the Illinois Human Rights Act, which enhances protections for employees affected by pregnancy or childbirth, imposes accommodation requirements on employers, and…more
Adverse Employment Action, Discrimination, FLSA, Human Rights, Pregnancy Discrimination
Now is the time for employers to assess their FY2016 H-1B needs and to start preparing their petitions for submission on April 1.
On April 1, 2015, the U.S. Citizenship and Immigration Services (USCIS) will begin…more
Filing Season, H-1B, USCIS, Visas
The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and…more
Canning v NLRB, NLRA, NLRB, Recess Appointments, SCOTUS
The U.S. government recently announced plans for a number of regulatory initiatives in 2015 that will affect the oil and gas industry. Planned Federal Regulations Target the Oil and Gas Industry Twice per year, the U.S…more
Bureau of Land Management, Crude by Rail, DOT, EPA, Fracking
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
Transactions that close toward the end of February will be subject to increased HSR Act jurisdictional and filing fee thresholds.
On January 15, the Federal Trade Commission (FTC) announced that it will raise the…more
Filing Fees, FTC, Hart-Scott-Rodino Act, Jurisdiction, Threshhold Requirements
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
After an unsuccessful effort to implement new election rules in 2011, the NLRB has now re-issued election rules that would substantially speed up the existing union election process…more
Final Rules, NLRB, Quickie Election Rules, Union Elections, Unions
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
On October 15, the U.S. Food and Drug Administration (FDA) issued the final guidance “Distinguishing Medical Device Recalls from Medical Device Enhancements.” This guidance revises and finalizes the draft version that generated…more
FDA, Final Guidance, Manufacturers, Medical Devices, Pharmaceutical Manufacturers
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
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
New law will require employers to provide paternity leave. On April 7, 2015, most employees in the Commonwealth of Massachusetts will be eligible for eight weeks’ parental leave pursuant to the parental leave law (PLL), which…more
Amended Regulation, Employer Mandates, FMLA, Parental Leave, Paternity
Proposed rule would substantially increase rewards for fraud tips and enhance billing revocation authority.
On April 29, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule (Proposed Rule) that…more
CMS, Fraud and Abuse, Incentive Awards, Medicare, Proposed Regulation
As of January 1, security breach notifications must be provided to consumers when certain account information is compromised.
On September 27, California Governor Jerry Brown signed into law Senate Bill No. 46 (S.B. 46),…more
Cybersecurity, Data Breach, Data Protection, Notice Requirements, Passwords
The 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
The Organisation for Harmonisation of Business Law in Africa’s new Uniform Act provisions will impact petroleum companies operating through branches in the organisation’s member states.
Africa, Foreign Policy, International Tax Issues, OHADA, Oil & Gas
Although the MSRB’s new best execution rule is generally consistent with FINRA’s, differences exist and questions remain regarding FINRA’s examination and enforcement of the requirements…more
Best Execution Rule, Enforcement, FINRA, MSRB, Municipal Securities Issuers
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
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
In a qui tam whistleblower suit under the False Claims Act, the D.C. Circuit affirmed a lower court finding that a federal contractor reasonably relied on certifications of Trade Agreements Act compliance from its distributor…more
Compliance, False Claims Act, Qui Tam, Suppliers, Trade Agreements
New marketing integrity and oversight provisions warrant review and comment.
On June 14, the Centers for Medicare and Medicaid Services (CMS) in the U.S. Department of Health and Human Services (HHS) published its…more
Affordable Care Act, CMS, Employer Group Health Plans, Federally Facilitated Exchanges, Healthcare
President Obama’s new proposed Personal Data Notification and Protection Act provides a national standard for companies responding to security breaches…more
Barack Obama, Breach Notification Rule, Consumer Privacy Bill of Rights, Cybersecurity, FTC
Applicants who challenge a Trademark Trial and Appeal Board refusal to register a trademark must reimburse the government for PTO attorney fees even if they win…more
Attorney's Fees, Trademark Litigation, Trademark Trial and Appeal Board, Trademarks
In your experience, what’s the most important role that a startup CEO should fulfill? That’s the question we put recently to JD Supra contributors, many of whom have spent years working with successful entrepreneurs in various…more
Business Formation, CEOs, Legal Perspectives, Startups
The 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
The proposed guidelines demonstrate the Office of the Comptroller of the Currency’s continued emphasis on strong risk management for large banks.
Banks, FDIA, FDIC, Foreign Banks, OCC
Decision serves as a reminder that careful consideration should be given to provisions dealing with the consequences of breaches of restrictive covenants and other terms of commercial agreements…more
Breach of Contract, Contract Drafting, Penalties, Restrictive Covenants, Shareholders
In American Express, Court rules that class action waivers may not be invalidated on the ground that individual arbitration is too expensive.
On June 20, the U.S. Supreme Court issued its decision in American Express Co…more
American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action
The U.S. Supreme Court holds in a 9–0 decision that class action plaintiffs cannot promise to limit damages in an effort to remain below the Class Action Fairness Act's $5 million federal jurisdictional threshold…more
Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction
CMS reconsiders $10 million bounties for reporting of regulatory violations.
On December 5, the Centers for Medicare & Medicaid Services (CMS) finalized a rule (the Final Rule) that expands its program integrity and…more
CMS, Hospitals, Medicare, OIG
Enhanced rights and protections for whistleblowers under the National Defense Authorization Act take effect on July 1.
Beginning July 1, 2013, government contractor whistleblowers will obtain substantial additional rights…more
Contractors, NDAA, Subcontractors, Whistleblowers
The letter modifies previous No-Action Letter 13-22, to expand relief for treasury affiliates entering into swaps on behalf of non-financial end-user affiliates that could otherwise elect the exception in section 2(h)(7) of the…more
CEA, CFTC, Dodd-Frank, No-Action Letters, Swaps
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
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
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
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
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
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
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
No changes in connection with the U.S. – Cuba embargo and sanctions will be effective until OFAC and the Commerce Department formally revise their respective regulations and general licenses to implement the President's new…more
Barack Obama, Cuba, Embargo, Foreign Relations, Sanctions
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.
Civil Rights Act, Discrimination, Gender Identity, Sexual Orientation, Title VII
On December 8 and 9, staff members of the SEC’s Office of the Chief Accountant, including the SEC chief accountant in his first published speech since he arrived at the SEC, discussed various accounting and financial reporting…more
Accountants, Accounting, Audits, CPAs, FASB
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
On November 18, the SEC’s Division of Corporation Finance and the Office of the Chief Accountant (the Staff) rescinded Topic 5.J. of the Staff Accounting Bulletin Series. Topic 5.J. required an SEC registrant that became…more
Financial Accounting, Financial Statements, SEC, Subsidiaries
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
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
The new product will have characteristics of both mutual funds and exchange-traded funds.
On November 6, the U.S. Securities and Exchange Commission (SEC) issued a notice indicating that it intends to grant exemptive…more
Amended Regulation, ETMFs, Exemptive Relief, Nasdaq, SEC
In the latest significant rulemaking arising out of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), on October 22, six federal financial and housing agencies finalized long-awaited rules on credit…more
Compliance, Dodd-Frank, Risk Retention, Securities Exchange Act
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
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
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
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
Stung by adverse court rulings in some of its enforcement cases, the SEC is bringing more of those cases in its own forum—an SEC administrative proceeding.
Administrative Hearings, Due Process, Enforcement Actions, Equal Protection, SEC
The chance of future DOJ investigations justifies companies’ reviews of customer-oriented websites and apps for accessibility.
As consumers continue to use the Internet and their smartphones for their shopping in…more
Accessibility Rules, ADA, Corporate Counsel, DOJ, Mobile Apps
Cutoff dates in the EB-2 India category advance by six and a half months, cutoff dates in EB-3 for the Rest of the World advance by five months, cutoff dates for China advance by six months, and EB-3 China is still ahead of EB-2…more
China, EB-2, EB-3, India, Visas
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
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
High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions.
Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart
The Supreme Court’s decision that juries should decide whether consumers would consider two marks to be the same for the purpose of trademark tacking may help resolve a split in the circuits as to whether the likelihood of…more
Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking
The respective proposals would require disclosure of price differentials in certain same-day fixed-income transactions that involve retail customers and go beyond existing price differential disclosure requirements in equity…more
Disclosure Requirements, FINRA, MSRB
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
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
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
The decision holds that arbitration agreements with class and collective action waivers violate the National Labor Relations Act.
On October 28, the National Labor Relations Board (NLRB or the Board) held fast to its…more
Arbitration, Class Action Arbitration Waivers, D.R. Horton v NLRB, Federal Arbitration Act, NLRA
Pre-closing violations in United States v. Flakeboard & SierraPine provide a reminder of practical rules for handling pre-closing activities without hitting antitrust landmines…more
Corporate Counsel, Corporate Sales Transactions, DOJ, Enforcement Actions, Hart-Scott-Rodino Act
Congress and the IRS have expanded the availability and procedures for maximizing the income tax and FICA tax exclusion for mass transit benefits, but immediate action is required to satisfy the IRS special relief provisions for…more
Commuter Tax Benefits, Employee Benefits, Fringe Benefits, IRS, Mass Transit
The changes provide modernization but with some nonuniform provisions.
On December 17, 2014, New York Governor Andrew Cuomo signed into law New York Assembly Bill 9933, which amends the Uniform Commercial Code (the UCC)…more
Amended Legislation, Andrew Cuomo, Article 9, UCC
The California Department of Conservation’s Division of Oil, Gas and Geothermal Resources and the California Council on Science and Technology recently released studies that examine the impact of hydraulic fracturing of oil and…more
Department of Conservation, DOGGR, Fracking, Oil & Gas, Scientific Research
The U.S. Department of the Treasury and the U.S. Department of Commerce have released new regulations that loosen restrictions on trade and travel with Cuba…more
Amended Regulation, Banking Sector, Barack Obama, BIS, CACR
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
The Bulletin shows that cutoff dates in the EB-2 India category remain severely backlogged, cutoff dates in EB-3 for the Rest of the World and China advance by five months, and EB-3 China is now ahead of EB-2 China…more
China, Deadlines, Department of State, India, Visas
Guidance addresses nondiscrimination, qualified default investment alternative, and annuity safe harbor rules.
On October 24, the Internal Revenue Service (IRS) and the U.S. Department of Labor (DOL) each issued guidance…more
Defined Contribution Plans, DOL, IRC, IRS, New Guidance
The Court creates a hybrid standard of review.
On January 20, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the U.S. Supreme Court altered the U.S. Court of Appeals for the Federal Circuit’s longstanding de novo…more
Claim Construction, Clear Error Standard, De Novo Standard of Review, Federal Rules of Civil Procedure, Patent Litigation
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
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
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
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
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
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
Companies with employees in Mexico should ensure their compensation packages comply with the new minimum wage requirements, which became effective January 1.
Mexico, Minimum Wage
The court’s decision will have wider significance for litigation funders, parties seeking funding, and their opponents.
On 23 October, the English High Court handed down its judgment in Excalibur Ventures LLC v Texas…more
Due Diligence, Indemnification, Litigation Funding, UK
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
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
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
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
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
Announcements support UK growth and prevent tax avoidance.
On 3 December, UK Chancellor of the Exchequer George Osborne made a number of tax-related announcements in the 2014 Autumn Statement. Given the government’s…more
Tax Avoidance, Tax Reform, UK
The Federal Reserve Board has announced that it has extended the Volcker Rule’s conformance period for compliance with the private fund provisions for investments in, and relationships with, “legacy” covered funds…more
Banks, Compliance, Dodd-Frank, Federal Reserve, Hedge Funds
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,  EWHC 2968 (Ch), the High Court of England…more
Choice-of-Law, Contract Drafting, Contract Formation, Corporate Counsel, EU
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
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
The OIG’s recently released study examining Medicare hospice claims from 2007 to 2012 calls for targeted reviews of hospices that receive a high proportion of their payments for care in assisted living facilities…more
Assisted Living Facility, CMS, Healthcare, Hospice, Medicare
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
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
FERC proposes to establish a framework that allows pipelines to use surcharge or tracker cost-recovery mechanisms to accelerate system improvements associated with new safety and environmental compliance regulations…more
EPA, FERC, Natural Gas, Oil & Gas, PHMSA
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
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
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
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
The changes relate to amendments being made to the Tier 2 category, business visitors, and several Tier 1 categories and will affect employers in the UK…more
Amended Regulation, China, Immigration Procedures, India, Ireland
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
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
The SEC’s action suggests that formal antimoney laundering program requirements for investment advisers may be on the horizon.
On January 9, the staff of the U.S. Securities and Exchange Commission (SEC) issued the latest…more
Anti-Money Laundering, Bank Secrecy Act, FinCEN, Investment Adviser, No-Action Relief
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
The SEC’s Division of Investment Management has clarified which restrictions apply to BDC’s co-investment transactions with limited partners of a partnership that is an affiliated person of the BDC…more
Affiliates, Business Development Companies, Limited Partnerships, SEC
..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
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
The court in Tincher recalibrates Pennsylvania strict liability law by declining to adopt the Restatement (Third) of Torts and by overruling Azzarello…more
Negligence, Strict Liability
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
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
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
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
Following a nationwide trend, voters in Massachusetts; Oakland, California; Trenton, New Jersey; and Montclair, New Jersey, approved ballot initiatives enacting paid sick time laws…more
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
The “Yelp” Bill impacts any entity or person doing business with consumers in California. Those who are fans of writing product or service reviews for sites such as Yelp will be pleased that California law just made it much…more
Clickwrap Agreements, Disparagement, New Legislation, Online Reviews, Yelp
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
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
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
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