The IRS releases new procedures and sample plan language to assist 403(b) plan sponsors in obtaining pre-approval of 403(b) plan documents and to ensure documentary compliance with 403(b) requirements…more
403(b) Plans, Advisory Opinions, IRS, Pre-approval, Required Documentation
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Amarin is an important US district court opinion affirming the importance of the Second Circuit’s Caronia decision and finding that pharmaceutical and medical device companies have a constitutionally protected right to provide…more
Amarin, Caronia, FDA, FDA Approval, FDCA
The U.S. Supreme Court unanimously held that the Tax Injunction Act does not bar Direct Marketing Association’s federal court challenge to Colorado’s sales and use tax notice and reporting requirements…more
Direct Marketing Association, Reporting Requirements, Retailers, Sales & Use Tax, SCOTUS
Ruling rejects DOL challenge of an agreement by a 100% ESOP-owned company to advance defense costs and indemnify a trustee…more
DOL, ERISA, ESOP, Indemnification, Legal Costs
FERC reiterates that simultaneous exchanges between affiliates require prior approval and clarifies the types of transactions covered by this policy and the showing necessary to receive FERC approval…more
Affiliates, FERC, Market Based Approach, Transmission Grid, Wholesale
Although the provisions that limit Iran's nuclear program are spelled out in some detail, those related to relaxing economic sanctions against Iran are quite vague…more
Iran Sanctions, Negotiations, Nuclear Weapons, P5+1 Nations, United Nations
The decision details important implications for employers that use deferred compensation arrangements…more
Corporate Counsel, Deferred Compensation, Employee Benefits, ERISA
Any subordinated debt, including Eurobonds, issued after 1 March 2013 must comply with the new rules in order to qualify as regulatory capital…more
Bank of Russia, Basel III, Bonds, Debt, Russia
SEC Staff from the Division of Investment Management has issued guidance on receipt of gifts by investment adviser personnel who manage registered funds…more
Gifts, Investment Adviser, Investment Funds, New Guidance, SEC
Companies doing business in the country should evaluate their compliance programs to avoid the law's sanctions on violators.
On August 2, Brazilian President Dilma Rousseff signed Law No. 12,846/2013—unofficially called…more
Anti-Bribery, Anti-Corruption, Bribery, Compliance, FCPA
The new law extends the grounds for shareholders’ liability and invalidation of transactions.
On 26 March 2014, the new Rehabilitation and Bankruptcy Law (the New Law) took effect in Kazakhstan. The New Law supersedes the…more
Bankruptcy Reform, Commercial Bankruptcy, Shareholders
Eastern District’s order aims to focus patent cases in an attempt to reduce costs.
On October 29, Chief District Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas signed a general order…more
Claim Construction, Discovery, Patents, Prior Art
Companies should revisit their policies for influencer programs for compliance with the updated guidance.
Online advertising and promotion first attracted the attention of the Federal Trademark Commission (FTC) in 2009. In…more
Advertising, Endorsements, FTC, Online Advertisements, Sales Promotions
Now that same-sex couples have the freedom to marry in every state, employers must consider whether plan amendments and administrative changes are necessary.
On June 26, the US Supreme Court issued its landmark decision…more
Benefit Plan Sponsors, Equal Protection, ERISA, Fourteenth Amendment, Marriage
New case law and statutory changes increase litigation and liability risk for employers that fail to comply with both federal and state lactation break laws…more
Affordable Care Act, Breastfeeding, Discrimination, EEOC, FLSA
The changes affect the areas of antenatal appointments, equal pay audits, national minimum wage, Reserve Forces membership, whistleblowing, and shared parental leave…more
Employer Liability Issues, Equal Pay, Maternity Leave, Minimum Wage, New Legislation
New TUPE Regulations come into force on 31 January, with the Department for Business, Innovation and Skills issuing updated accompanying guidance.
On 31 January 2014, the regulations that will amend the UK’s Transfer of…more
Employee Rights, TUPE, UK
The latest effort to repeal the export ban faces an uncertain future as it heads to the Senate.
On October 9, the US House of Representatives voted 261-159 to lift the decades-old ban on US crude oil exports. The bill, H.R…more
Alaska, Canada, Crude Oil, Energy Policy, Exports
The court’s interpretation complicates the already difficult task providers face in having sufficient time to assess and quantify potential overpayments.
An August 3 decision in United States v. Continuum Health Partners…more
Affordable Care Act, CMS, DOJ, False Claims Act (FCA), Health Care Providers
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
Eight years in the making, the US Securities and Exchange Commission (SEC) has finally approved the Financial Industry Regulatory Authority’s (FINRA's) proposed Rule 2242 (the Rule or Rule 2242), which will…more
Carve Out Provisions, Conflicts of Interest, Debt Securities, Disclosure Requirements, Due Diligence
The signing of the JCPOA regarding Iran nuclear sanctions may usher in a new era of major international investment in the Iranian oil and gas industry…more
Cost Recovery, Crude Oil, Energy Sector, Foreign Investment, IAEA
Take note of these practical concerns for private foundations making grants to foreign organizations.
On September 25, the Internal Revenue Service (IRS) published final regulations for private foundations making good faith…more
Affidavits, Equivalency Determinations, Final Rules, Foreign Charities, Good Faith
A new obligation requires parties to seek amicable resolution to a dispute before referring it to the court.
A New Obligation Entered into Force on 1 April 2015 -
Since 1 April 2015, parties to a civil or…more
Dispute Resolution, France
In affirming its own decision, the Consumer Financial Protection Bureau (CFPB) leaves few protections for targets in its administrative enforcement proceedings. If you are subject to a CFPB administrative proceeding, or…more
ALJ, Captive Insurance Company, CFPB, Enforcement, Enforcement Actions
Under the new law, trade unions are limited and monitored.
New Law No. 211-V of the Republic of Kazakhstan on Trade Unions, dated 27 June 2014, (the Law) has been adopted in Kazakhstan. The Law came into force on 11 July…more
New Regulations, Union Membership, Unions
On January 6, New Jersey employers must begin complying with new posting and notice requirements under the New Jersey Equal Pay Act.
On December 11, the New Jersey Department of Labor and Workforce Development (NJDOL)…more
Compliance, DOL, Equal Pay, Gender Equity, Notice Requirements
Reproposal would broaden the fiduciary definition, narrow exceptions, and substantially revise prohibited transaction exemptions applicable to current and newly covered fiduciaries…more
Conflicts of Interest, DOL, ERISA, Fiduciary Duty, Investment Adviser
In the wake of the Supreme Court's Windsor decision, employers should review and, if necessary, revise their FMLA policies and procedures to ensure compliance.
The U.S. Department of Labor (DOL) recently clarified that…more
DOL, DOMA, FMLA, Marriage, Same-Sex Marriage
The new law expands the equal pay requirement for men and women to "substantially similar work" regardless of location, modifies employers’ business justification defense, and increases employers’ recordkeeping obligations to…more
Anti-Retaliation Provisions, Appropriate Equitable Relief, Business Justification, Employee Handbooks, Equal Pay
A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability.
On July 16, a US Court of Appeals for the Ninth Circuit panel upheld the dismissal from a…more
Convictions, Criminal Investigations, DOE, False Claims Act (FCA), First Impression
This Outline highlights key U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) and Financial Industry Regulatory Authority (“FINRA”) enforcement developments and cases regarding broker dealers.*
Broker-Dealer, Enforcement, Enforcement Actions, Municipal Securities Issuers, SEC
The 2015 Cromnibus and the Tax Increase Prevention Act of 2014 solve some problems and raise others.
On December 16, 2014, U.S. President Barack Obama signed the Consolidated and Further Continuing Appropriations Act of…more
Affordable Care Act, Appropriations Bill, ERISA, Expatriates, Health Insurance
The principal effect of the rules would be to turn virtually any contribution of appreciated property by a US person to a section 721(c) partnership into a taxable gain recognition event.
On August 6, the US Treasury and…more
Controlled Foreign Corporations, Corporate Taxes, Foreign Entities, IRS, Partnerships
The Act was recently amended to cover more New York City employers and to impose even greater compliance obligations than the original law passed in 2013…more
Employee Rights, Paid Leave, Sick Leave
Employers should take action to ensure compliance with new employment laws that take effect January 1, 2015.
In September 2014, California Governor Jerry Brown signed more than 300 new laws, many of which may require…more
Employer Mandates, Employment Policies, New Legislation, Wage and Hour, Year-End Planning
New authority allows FDA inspectors to quickly detain products during inspections if they believe the products are misbranded or adulterated…more
FDA, Misbranding, Pharmaceutical Industry, Prescription Drugs
Table of Contents:
Executive Summary; U.S. Securities and Exchange Commission; and Financial Industry Regulatory Authority.
Executive Summary -
This Outline highlights key U.S. Securities and Exchange…more
Broker-Dealer, Enforcement Actions, FINRA, Investment Adviser, SEC
The reproposed amendments to Rule 4210 attempt to address commenters’ concerns that the original proposed rule would impact business activity in the TBA market…more
Adjustable-Rate Mortgage, Asset-Backed Securities, Banking Sector, Broker-Dealer, Collateralized Loan Obligations
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 Industry, Prescription Drugs
The one-year transition rule expires on September 22, 2014.
The final regulations under the HIPAA Privacy, Security, and Enforcement Rules as amended by HITECH, make several changes, including modifying the requirements…more
Business Associates, Covered Entities, Final Rules, Healthcare, HIPAA
The Commission’s order applies the same methodology used for natural gas and oil pipeline return on equity and discards the former one-step calculation in favor of a two-step calculation that uses short- and long-term growth…more
Consumer Utility Costs, FERC, Utilities Sector
The US Food and Drug Administration (FDA or the Agency) issued draft guidance on June 18 about assessing the benefits and risks for Investigational Device Exemption (IDE) applications. The draft guidance provides a benefit-risk…more
Clinical Trials, Draft Guidance, FDA, Investigational Device Exemptions, Medical Devices
The D.C. Circuit clarifies that FERC may prohibit manipulative trading only in markets outside of the CFTC's exclusive jurisdiction over commodity futures contracts.
On March 15, the U.S. Court of Appeals for the District…more
CFTC, Commodity Futures Contracts, Exclusive Jurisdiction, FERC, Natural Gas
The guidance clarifies that environmental, social, and governance factors may be relevant to a plan fiduciary’s evaluation of an investment’s economic merits.
The US Department of Labor (DOL) recently published an…more
DOL, Economically Targeted Investments, ERISA, Fiduciary Duty, New Guidance
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 (FCA), Internal Investigations, KBR (formerly Kellogg Brown & Root)
For the first time, the US Fish & Wildlife Service (FWS) is considering a proposed rulemaking to authorize the unintentional injury or killing of migratory birds by certain commercial and industrial activities…more
Migratory Bird Treaty Act, US Fish and Wildlife Service
The powers of EU data protection authorities are significantly strengthened by the decision, allowing them to suspend some or all personal data flows into the United States in certain circumstances.
In Maximillian Schrems…more
Advocate General, Binding Corporate Rules, Data Privacy, Data Protection Authority, Data Security
The order classifies broadband Internet access as a telecommunications service.
The Federal Communications Commission (FCC or Commission) today voted, by a 3-2 margin, to adopt rules designed to promote an open Internet…more
Broadband, Common Carriers, FCC, Internet, Internet Service Providers (ISPs)
The SEC substantially adopts prior proposed rules.
On October 30, pursuant to Title III of the Jumpstart Our Business Startups Act, which was passed in 2012, the US Securities and Exchange Commission (SEC) finally adopted…more
Broker-Dealer, Capital Raising, Crowdfunding, Funding Portal, Investor Protection
The proposed regulations may have a significant impact on certain “management fee waiver” arrangements that have become commonplace in the investment management industry…more
Enterprise Risks, Fee Waivers, Internal Revenue Code (IRC), Intra-Group Transactions, Investment Management
The final rule, touted by EPA as eliminating environmental impacts and cancer risks, substantively changes longstanding regulations regarding steam electric power plants.
On September 30, the US Environmental Protection…more
Clean Water Act, Effluent Limitations, EPA, Federal Register, Final Rules
The Supreme Court holds that ERISA’s limitations period does not bar an alleged breach for failure to monitor a plan’s investments.
On May 18, the Supreme Court issued a unanimous decision in Tibble v…more
401k, Benefit Plan Sponsors, Breach of Duty, ERISA, Fiduciary Duty
Registration begins December 3.
On November 3, the US Customs and Border Protection (CBP) commissioner announced the expansion of Global Entry to UK citizens. Global Entry, a CBP Trusted Traveler program, allows for…more
Customs and Border Protection, International Travel, Travel Permits, Travelers, TSA
The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and…more
Canning v NLRB, NLRA, NLRB, Recess Appointments, SCOTUS
The Bureau of Land Management contends that its new rules are consistent with state regulations and industry standards, but stakeholders believe that the rules are unnecessary or simply miss the mark…more
Bureau of Land Management, Fracking, Oil & Gas, Petroleum, Trade Secrets
Employers should act to ensure compliance before the law takes effect on May 13.
On February 12, the City of Philadelphia joined the nationwide paid sick leave trend when Mayor Michael Nutter signed the Promoting Healthy…more
Employee Rights, Employer Mandates, Local Ordinance, Paid Leave, Sick Leave
The USPTO’s Welcome Initiative for Technology-Driven Changes in Registered Trademark Use.
Under a pilot program announced by the United States Patent and Trademark Office (USPTO) on September 1, 2015, trademark owners may…more
Federal Pilot Programs, Intellectual Property Protection, Services, Third-Party, Trademark Registration
The historic tender for shallow water blocks in the Gulf of Mexico will allow for private and foreign investment in Mexican oil and gas for the first time in almost 80 years.
On July 15, Mexico’s National Hydrocarbons…more
Bids, Contract Terms, Energy Sector, First Tender, Gulf of Mexico
Dear Retail Clients and Friends,
On November 19, the IRS released Revenue Procedure 2015-56, which provides a safe harbor method of accounting for costs incurred by retailers and restaurants in remodel and refresh projects…more
Capitalization, IRS, Restaurant Industry, Retailers, Safe Harbors
All US international authorization holders and US international service providers must file International Traffic and Revenue Reports.
Common carriers and voice over Internet Protocol (VoIP) providers that offer…more
Common Carriers, FCC, Filing Deadlines, Fines, Penalties
All partnerships will be audited at the entity level unless they have 100 or fewer partners AND no partnerships as direct partners.
The two-year budget plan passed by Congress on October 30, 2015, and expected to be signed…more
Audits, Barack Obama, Federal Budget, Federal Taxes, Indemnification
The PTAB issues its second round of proposed rule changes.
The Patent Trial and Appeal Board (PTAB) just issued its second round of proposed rule changes to post-patent issuance review proceedings (Inter Partes Reviews,…more
Additional Discovery, America Invents Act, Claim Construction, Comment Period, Confidential Information
Transactions that close toward the end of February will be subject to increased HSR Act jurisdictional and filing fee thresholds.
On January 15, the Federal Trade Commission (FTC) announced that it will raise the…more
Filing Fees, FTC, Hart-Scott-Rodino Act, Jurisdiction, Threshhold Requirements
The model clauses should lead to greater consistency and efficiency in sovereign bond restructurings.
On May 11, the International Capital Market Association (ICMA) published a revised version of its model collective…more
Bonds, Pari Passu, Sovereign Debt
After an unsuccessful effort to implement new election rules in 2011, the NLRB has now re-issued election rules that would substantially speed up the existing union election process…more
Final Rules, NLRB, Quickie Election Rules, Union Elections, Unions
The executive order poses another significant financial and administrative burden for federal contractors.
Continuing his practice of using executive orders to imp