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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
See All Updates »
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
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
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
UK employers have four months to prepare for the Shared Parental Leave Regulations coming into force.
The UK’s Shared Parental Leave Regulations 2014 (the Regulations) are due to take effect on 1 December 2014. Shared…more
Employee Rights, Parental Leave, UK
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
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
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
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 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
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 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
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
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 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 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
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
Focusing on precision rather than recall, district court finds that process complies with discovery obligations…more
Discovery, Document Review, Keyword Search, Predictive Coding
New updates and projections regarding demand in the employment-based second preference immigrant visa category for individuals chargeable to India have been provided…more
Department of State, EB-2, Immigrants, India, 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 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
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
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
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
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
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
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
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
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
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
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
Enhanced rights and protections for whistleblowers under the National Defense Authorization Act take effect on July 1.
Beginning July 1, 2013, government contractor whistleblowers will obtain substantial additional rights…more
Contractors, NDAA, Subcontractors, Whistleblowers
Transactions closing toward the end of February will be subject to increased HSR Act jurisdictional and filing fee thresholds.
On January 17, the Federal Trade Commission (FTC) announced that it will raise the…more
Acquisitions, FTC, Hart-Scott-Rodino Act, Mergers, The Clayton Act
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
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
The PCAOB recently issued Staff Audit Practice Alert No. 12, which outlines significant audit deficiencies relating to revenue that PCAOB inspections have identified…more
Accounting, Audits, FASB, Financial Regulatory Reform, PCAOB
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
Plan sponsors now know how and by when retirement plans must comply with the U.S. Supreme Court’s decision in Windsor.
The IRS has released its long-awaited guidance on the effective date by which qualified retirement…more
DOMA, IRS, Retirement Plan, Same-Sex Marriage, SCOTUS
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
The agency will publish “objective industry standards” on acceptable pay differences.
On August 6, the Office of Federal Contract Compliance Programs (OFCCP) published an advance copy of a regulatory proposal that, if…more
Compliance, Equal Pay, OFCCP, Reporting Requirements, Wage and Hour
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
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
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
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
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 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
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
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 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
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
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
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
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
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 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.
Deferred Prosecution Agreements, Fraud, 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
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
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
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
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
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
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
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
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
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
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 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
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 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
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
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
..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
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
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
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 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
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
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
Significant amendments affecting the liability of self-regulating organizations and building owners became effective on 1 July 2013.
Damages, Joint and Several Liability, Land Developers, Self-Regulatory Organizations
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
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
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
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
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
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
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
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
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
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
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
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
An amendment to the city’s ordinance enhances protections for nondisabled employees affected by pregnancy or childbirth and imposes greater accommodation requirements on employers.
Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation
The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations.
DOL, Independent Contractors, Misclassification, Right To Know, Surveys
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
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
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
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
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
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
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
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
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
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
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
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
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
District court's decision could lead to a minimum of 17 years of post-issuance patent terms for most standard patents.
On November 1, Judge T. S. Ellis, III, of the U.S. District Court for the Eastern District of Virginia…more
Newly issued exemptive orders loosen requirements for ETFs based on affiliated indexes.
Asset Valuations, ETFs, Indexing, SEC
FDA sends notice to Congress on LDTs.
The U.S. Food and Drug Administration (FDA) has notified Congress that it intends to issue draft guidance to propose a risk-based, phased-in framework for oversight of laboratory…more
Draft Guidance, FDA, Laboratory Developed Tests, Manufacturers, Medical Devices
The amendments aim to strengthen the requirements for banks’ net equity and charter capital as well as the price manipulation restrictions…more
Banking Sector, Banks, Price Manipulation
Commissioner Kieff will work to determine the effects of U.S. intellectual property rights violations on U.S. industry.
On October 18, after nomination by President Barack Obama and confirmation by the U.S. Senate in…more
ITC, Political Appointments
Recent FTC and California Attorney General actions highlight the need to reassess privacy policies.
The Federal Trade Commission (FTC) recently ordered the data brokerage industry to provide information on the collection…more
Attorney Generals, COPPA, Data Collection, Data Protection, Delta Airlines
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..Measures Applicable to Companies | Mesures applicables aux entreprises
..Measures Applicable to Individuals | Mesures concernant les personnes physiques
Bills provide a series of tax…more
Capital Gains, Corporate Taxes, Deductions, Tax Credits, Tax Deductions