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Eric Aaserud

Analyzing The Honeywell False Claim Act Decision: It's Not About Who Is "Right"

A United States District Court in California recently dismissed a False Claims Act (FCA) suit in which the plaintiff (the "Relator") alleged that Honeywell International Inc. ("Honeywell") fraudulently charged license fees for…more

False Claims Act, Fees, Fraud, Honeywell International

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Allan Abravanel

Turmoil In Ukraine (Part II): U.S. Halts Export Licenses For Dual-Use And Defense Items To Russia; Congress Acts To Codify And Expand Russia Sanctions

U.S. government agencies announced this week that they have suspended issuing export licenses to companies sending or releasing sensitive goods, services and technology to Russia. This development will prevent companies from…more

Exports, Foreign Policy, Russia, Sanctions, Ukraine

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Bing Ai, Ph.D.

USPTO Patent Trial And Appeal Board Completes The First Patent Invalidity Trial Under The America Invents Act

In its first “final” decision under the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO)’s Patent Trial and Appeal Board (PTAB) has invalidated and cancelled all five challenged claims of U.S…more

America Invents Act, Inventions, Patent Reform, Patent Trial and Appeal Board, Patents

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Geraldine Alexis

Federal Merger Enforcement Increases To Highest Level In Five Years

Hart-Scott-Rodino Filings Decreased Slightly in 2012, but Percentage of Investigations Leading to Second Requests and Enforcement Actions Increased; FTC Continues to Enforce HSR Act in Connection with Corporate Officers' and…more

Board of Directors, Compliance, Corporate Governance, Corruption, Enforcement Actions

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Shylah R. Alfonso

The Antitrust Review Of The Americas 2013: US: Recent Developments in Intellectual Property Antitrust Law

United States antitrust laws seek to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast, are designed to encourage…more

Acquisitions, FTC, Patents, Pay-For-Delay, Reverse Payment Settlement Agreements

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Anastasia (Ana) K. Anderson

New Rules Amend Regulatory Exceptions For Donation Of Electronic Health Records Items And Services

On December 27, 2013, the Department of Health and Human Services published two final rules, one amending the Office of Inspector General’s (OIG) Anti-Kickback safe harbor related to electronic health records (EHR) items and…more

CMS, Cybersecurity, Data Protection, EHR, Healthcare

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Pamela Anderson

EPA Proposes Another Rule To Limit New Power Plant CO2 Emissions

Background - Section 111 of the Clean Air Act authorizes the Environmental Protection Agency to set “new source performance standards” (NSPS) for selected categories of air pollution sources. These standards must require…more

Carbon Emissions, Clean Air Act, Environmental Policies, EPA, Greenhouse Gas Emissions

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William Bainbridge

SBA Issues Final Rule Implementing The Small Business Jobs Act Of 2010

On October 2, 2013, Small Business Administration (SBA) published a final rule to establish and revise rules and procedures pertaining to small business set-asides, partial set-asides, multiple award contracts (MACs), task and…more

Bundling Rules, Contractors, MACs, NDAA, SBA

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Elizabeth Banzhoff

Perils Of The Global Supply Chain Series, Part 3: Groundbreaking ‘Honey Laundering’ Sting Signals New Era In Supply Chain Enforcement

Supply chain compliance is on the government’s enforcement radar like never before. If the recent Executive Order on Trafficking in Government Contracts and final SEC Conflict Minerals Rules were not notice enough, the…more

Antidumping Duties, China, Compliance, Deferred Prosecution Agreements, DOJ

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Eric Barber

Insurance Coverage Available For Bitcoin Deposits – Devil Is In The Details

Elliptic, a London-based digital virtual currency services firm, announced this week that it has secured insurance coverage through Lloyd’s of London for Bitcoin deposits made into its “deep cold storage” vault. This is an…more

Bitcoins, Lloyds Banking Group, Virtual Currency

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Duston Barton

Assessing IRS Liability For Disclosing Tax Return Info

The IRS has had a rough several months defending allegations that it inappropriately targeted conservative groups seeking nonprofit status, wasted taxpayer money on lavish conferences, and some of its employees used agency…more

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Gregg D. Barton

Oregon Supreme Court Decides Sales Factor Case

On December 12, 2013, the Oregon Supreme Court issued its decision in Tektronix, Inc. v. Oregon Dep’t. of Revenue. The court held that the taxpayer’s receipts from the sale of goodwill, making up a part of the sale of a…more

Acquisitions, Goodwill, Intangible Property, Intangibles, Tax Exemptions

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Joren Bass

Food Litigation Newsletter - March 2014 (2)

In This Issue: - Recent Significant Developments and Rulings ..Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case ..Voluntary Dismissal in Bumble Bee Class Action - New…more

Attorney's Fees, False Advertising, Food Labeling, Food Manufacturers, Food Safety

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Donald Baur

Federal Court Upholds First Offshore Oil And Gas Lease Sales After Gulf Oil Spill

On March 31, 2014, the U.S. District Court for the District of Columbia issued a memorandum opinion upholding the approval, by the Bureau of Ocean Energy Management, of the first oil and gas lease sales in the Gulf of Mexico…more

BOEM, NEPA, Oil & Gas

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Amanda Beane

Retailers Beware: Massachusetts Court Restricts Ability To Collect ZIP Codes At Point Of Sale

The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the ability…more

Credit Cards, Data Collection, Personally Identifiable Information, Retailers, ZIP Codes

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Jordan Becker

USPTO Patent Trial And Appeal Board Completes The First Patent Invalidity Trial Under The America Invents Act

In its first “final” decision under the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO)’s Patent Trial and Appeal Board (PTAB) has invalidated and cancelled all five challenged claims of U.S…more

America Invents Act, Inventions, Patent Reform, Patent Trial and Appeal Board, Patents

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Thomas (Tom) C. Bell

Retailers Beware: Massachusetts Court Restricts Ability To Collect ZIP Codes At Point Of Sale

The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the ability…more

Credit Cards, Data Collection, Personally Identifiable Information, Retailers, ZIP Codes

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Danielle Benderly

Financial Reform Act: SEC Proposes CEO Pay Ratio Disclosure Rules

Recently, the SEC, by a vote of 3 to 2, proposed long-delayed and controversial rules to implement the “CEO pay ratio” disclosure mandated under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The proposed rules,…more

CEOs, Disclosure Requirements, Pay Ratio, SEC, Wages

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Glenn Benson

D.C. Circuit Rules That CFTC – Not FERC – Has Authority To Regulate Futures Trades

On March 15, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held that the Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction over natural gas futures contracts and that the Federal…more

CFTC, Commodity Futures Contracts, Exclusive Jurisdiction, FERC, Natural Gas

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Debra R. Bernard

FCC Clarifies TCPA Mandates

The FCC last week issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA). While the rulings in each are limited to the specific requests set forth in the petitions, they include broad language…more

FCC, TCPA

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Stacey Scriven Bernstein

Washington State Supreme Court Issues Landmark Ruling: “Overriding Considerations Of The Public Interest” Do Not Justify Reallocating Water Rights From Minimum Instream Flows To New Beneficial Uses

On October 3, 2013, the Washington State Supreme Court ruled in Swinomish Indian Tribal Community v. Wash. Dept. of Ecology (No. 87672-0, Wash. Oct. 3, 2013) that the Department of Ecology exceeded its authority by applying the…more

Public Interest, Water, Water Rights

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Colonel Betz

DID YOU KNOW? News You Need Now From Perkins Coie's Family Office Services Group

Welcome to the Family Office Services Group's new update series "Did You Know?" It is an easy-to-read, timely and brief focus on legal issues and developments facing you and Family Offices throughout the year…more

Estate Planning, Estate Tax, Exclusions, Gift Tax, Income Taxes

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David Biderman

Food Litigation Newsletter - March 2014 (2)

In This Issue: - Recent Significant Developments and Rulings ..Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case ..Voluntary Dismissal in Bumble Bee Class Action - New…more

Attorney's Fees, False Advertising, Food Labeling, Food Manufacturers, Food Safety

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Mark Birnbaum

Illinois Supreme Court Issues New Rules Affecting Mortgage Foreclosures

The Illinois Supreme Court has issued new court rules that become effective on May 1, 2013, modifying the evidentiary requirements for obtaining foreclosure judgments, among other things. The rules are the result of the work of…more

Affidavits, Foreclosure, Loss Mitigation, Mortgages, Required Documentation

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Paul Booth, Ph.D.

Supreme Court Rules That Isolated Genes Are Unpatentable Products Of Nature

On June 13, 2013, the Supreme Court issued its highly anticipated decision in Association for Molecular Pathology v. Myriad Genetics, Inc…more

AMP v Myriad, DNA, Human Genes, Myriad, Patent-Eligible Subject Matter

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Elizabeth Breakstone

Perils Of The Global Supply Chain Series, Part 3: Groundbreaking ‘Honey Laundering’ Sting Signals New Era In Supply Chain Enforcement

Supply chain compliance is on the government’s enforcement radar like never before. If the recent Executive Order on Trafficking in Government Contracts and final SEC Conflict Minerals Rules were not notice enough, the…more

Antidumping Duties, China, Compliance, Deferred Prosecution Agreements, DOJ

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Joseph Bringman

Supreme Court Holds Securities Fraud Class Certification Does Not Require Showing Of Materiality, With Strong Dissents Questioning The Fraud-On-The-Market Theory

In its long-awaited decision in Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085 (U.S. Feb. 27, 2013), the U.S. Supreme Court held that plaintiffs in a securities-fraud class action do not need to establish…more

Amgen Inc. v Connecticut Retirement Plans, Class Action, Class Certification, Fraud, Fraud-on-the-Market

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Marc Bruner

Federal Court Upholds First Offshore Oil And Gas Lease Sales After Gulf Oil Spill

On March 31, 2014, the U.S. District Court for the District of Columbia issued a memorandum opinion upholding the approval, by the Bureau of Ocean Energy Management, of the first oil and gas lease sales in the Gulf of Mexico…more

BOEM, NEPA, Oil & Gas

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Jeremy Buxbaum

Dressing Up Your Trademarks For The Holidays

Are you contemplating dressing up your trademarks for the holidays? Adding a jaunty Santa hat and garlands to your company name on your website and shopping bags? Animating your logo to spin like a dreidel or fly like Rudolph?…more

Brand, Holidays, Marketing, Trademarks

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Jean-Jacques Cabou

Government Brings Important Case Against Illegal Marketplace “Silk Road;” Government Acknowledges Lawful Uses Of Bitcoin

The virtual currency industry is in the news once again following the October 1, 2013, Federal Bureau of Investigation’s shutdown of the “Silk Road” website. As part of the shutdown of the well-known underworld bazaar, the…more

Bitcoins, FBI, Silk Road, Virtual Currency

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Tony Caliendo

Arizona Supreme Court Follows Central Bank: No Implied Private Right Of Action For Aiding And Abetting Securities Fraud Under The Arizona Securities Act

Earlier today, in a case titled Sell v. Sewell, et al. (No. CV-12-0211-PR), the Arizona Supreme Court ruled that there is no implied private right of action for aiding and abetting securities fraud under the Arizona Securities…more

Aiding and Abetting, Private Right of Action, Securities Fraud

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Donald Carney

KBR Decision: What Government Contractors Need To Know About Possible Erosion Of Internal Investigation Privilege Protections

In a significant legal development, a U.S. District Court Judge recently ordered KBR Inc. (KBR) to produce internal investigation materials addressing allegations of misconduct under a government contract for military support in…more

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James Carroll

Revisions To SEC Rule 506 Permitting General Solicitation Effective September 23, 2013

New SEC Rules Permitting General Solicitation - On September 23, 2013 the new Securities and Exchange Commission (SEC) rules permitting general solicitation and advertising of private securities offerings pursuant to the…more

General Solicitation, JOBS Act, Rule 506 Offerings, SEC

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Schuyler Carroll

No Clear Disclosure? No Third-Party Release In Ch. 11

Originally published in Law360 on January 28, 2013. A recent appellate decision requires strict adherence to disclosure requirements before third-party releases contained in a Chapter 11 plan may be approved…more

Disclosure Requirements, Indenture Trustee, Settlement, Third-Party Release Agrements

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Patrick Casey

Annual Investment Update: Economic Review & Outlook - December 31, 2013

Welcome 2014! We want to thank you for continuing to support the investment strategies we have in place to protect your wealth. The total return in the S&P Index in 2013 of 32.4% now has the index up an astounding 173% since the…more

Economic Development, Federal Reserve, Rating Agencies, S&P

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Sabahat Chaudhary

U.S. Industry Files New Allegations Against Solar Products From China And Taiwan

On December 31, 2013, SolarWorld Industries America (SolarWorld), a U.S. manufacturer of solar panels, petitioned the Department of Commerce (Commerce) and the International Trade Commission (ITC) for additional tariffs on…more

Anti-Dumping Duty, China, Countervailing Duties, ITC, Solar Panels

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H. Vicky Chen

Year 2014 IRS Dollar Limits

The IRS announced the Year 2014 cost-of-living adjustments for various provisions affecting employee benefit plans. The following table shows certain Year 2014 limits and those from prior years…more

401k, Benefit Plan Sponsors, COLA, Employee Benefits, FICA Taxes

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Vivek Chopra

Don't Let a Data Breach Diminish Your Retail Profits This Holiday Season

For the first time, online retail sales exceeded $1 billion on Black Friday and reached nearly $1.5 billion on Cyber Monday this year. Analysts expect this increase in e-commerce to continue, and Forrester Research estimates…more

Data Breach, E-Commerce

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David Christy, Jr.

U.S. Industry Files New Allegations Against Solar Products From China And Taiwan

On December 31, 2013, SolarWorld Industries America (SolarWorld), a U.S. manufacturer of solar panels, petitioned the Department of Commerce (Commerce) and the International Trade Commission (ITC) for additional tariffs on…more

Anti-Dumping Duty, China, Countervailing Duties, ITC, Solar Panels

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Richard Clifford

KBR Decision: What Government Contractors Need To Know About Possible Erosion Of Internal Investigation Privilege Protections

In a significant legal development, a U.S. District Court Judge recently ordered KBR Inc. (KBR) to produce internal investigation materials addressing allegations of misconduct under a government contract for military support in…more

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Michael Clyde

Arizona Supreme Court Follows Central Bank: No Implied Private Right Of Action For Aiding And Abetting Securities Fraud Under The Arizona Securities Act

Earlier today, in a case titled Sell v. Sewell, et al. (No. CV-12-0211-PR), the Arizona Supreme Court ruled that there is no implied private right of action for aiding and abetting securities fraud under the Arizona Securities…more

Aiding and Abetting, Private Right of Action, Securities Fraud

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Patrick Collins

Chicago Enforcement Officials Discuss 2014 SEC & DOJ Priorities: New Regime At SEC Takes A Page From The Prosecutors’ Playbook

Enforcement officials from the U.S. SEC’s Chicago Regional Office and the U.S. Attorney’s Office for the Northern District of Illinois gathered to discuss their enforcement initiatives at the “SEC & DOJ Hot Topics 2014” program…more

DOJ, Enforcement Actions, SEC

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J. Thomas (Tom) Cristy

IRS Guidance On Same-Sex Marriage: Employee Benefit Considerations

In response to the Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675 (2013), the Internal Revenue Service issued Revenue Ruling 2013-17 (Ruling) on August 29, 2013, in which the IRS set forth the following…more

DOMA, Domestic Partnership, Employee Benefits, IRS, Qualified Retirement Plans

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Sarah Crooks

Supreme Court Rules FLSA Collective Action Is Moot When The Individual Plaintiff's Claims Are Resolved Before Certification

On April 16, 2013, the U.S. Supreme Court concluded, in a 5-4 decision, that when the individual plaintiff in a "collective action" under the Fair Labor Standards Act (FLSA) resolves her own claims before certification, the case…more

Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Mootness

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Bruce Michael Cross

Don’t Let Your Super Sale Become A Violent Stampede

Earlier this week, the federal Occupational Safety and Health Administration issued the news release, “Crowd Management Measures Are Critical During Major Sales Events,” and sent a reminder to major retailers and retail…more

Black Friday, OSHA, Retailers, Safety Precautions, Sales

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Lee Curtis

SBA Issues Final Rule Implementing The Small Business Jobs Act Of 2010

On October 2, 2013, Small Business Administration (SBA) published a final rule to establish and revise rules and procedures pertaining to small business set-asides, partial set-asides, multiple award contracts (MACs), task and…more

Bundling Rules, Contractors, MACs, NDAA, SBA

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Joseph Cutler

New FinCEN Guidance On Virtual Currency Transactions

Overview - On January 30, 2014, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued two administrative letter rulings that clarify the application of FinCEN’s regulations to certain…more

Bitcoins, FinCEN, Virtual Currency

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Jon Daryanani

13 Changes To California Law In 2014: What Employers Need To Know

Every new year brings employment law changes for California’s employers and, while the Affordable Care Act has taken the spotlight for 2014, a vast array of employment laws deserve special attention from California employers for…more

Attorney's Fees, Crime Victims, Domestic Workers, Employee Benefits, Evidence

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Kirsten Day

California Energy Commission Delays Implementation Of Nonresidential Building Energy Disclosure Regulations

On August 14, 2013, the California Energy Commission announced for the second time this summer that implementation of California’s new energy use disclosure regulations has been delayed…more

Delays, Disclosure Requirements, Energy, Energy Efficiency, Energy Policy

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David Dedyo

PCAOB Proposes Significant Changes To Auditor’s Report And Responsibilities For Annual Reports Filed With The SEC

As a result of ongoing efforts to improve the informational value of the auditor’s reporting model, on August 13, 2013, the Public Company Accounting Oversight Board (PCAOB) proposed two new auditing standards for public comment…more

Annual Reports, Auditors, Audits, PCAOB, Reporting Requirements

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Eric DeJong

M&F Worldwide: Delaware Supreme Court Upholds Business Judgment Review In Controlling Stockholder Transaction

When a controlling stockholder’s buyout of a company has been challenged by minority stockholders, Delaware courts have generally subjected the transaction to entire fairness review, the most rigorous standard of review in…more

Business Judgment Rule, Controlling Stockholders, MFW, Minority Shareholders, Shareholder Litigation

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Sambo Dul

Regrouping And Refocusing: 2013 FCPA Year-In-Review And Enforcement Trends For 2014

Following a relatively flat enforcement landscape and some bumps in the 2013 prosecutorial road, the Department of Justice (‘‘DOJ’’) and the Securities and Exchange Commission (‘‘SEC’’) appear poised to spring back into action…more

Anti-Bribery, Anti-Corruption, Compliance, Enforcement, Enforcement Actions

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Michael Dunning

Washington Legislature Passes Significant Changes To The Model Toxics Control Act

During the waning hours of the legislative session, the Washington State Legislature passed Substitute Senate Bill 5296 (SSB 5296) by large majorities and Governor Inslee signed the bill without changes…more

Brownfield Properties, Conservation, Department of Ecology, Environmental Policies, MTCA

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Karl Ege

JOBS Act: SEC Adopts Rules To Permit General Solicitation And Advertising For Private Offerings

When enacted on April 5, 2012, Title II of the Jumpstart Our Business Startups Act of 2012 (JOBS Act) endeavored to lift the long-standing ban on general solicitation and advertising for private securities offerings under Rule…more

Accredited Investors, Advertising, General Solicitation, Investors, JOBS Act

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Madeline Engel

Oregon Settlement Expands Disclosure Obligations Of Physicians Receiving Payments From Drug And Device Manufacturers

As of August 1, 2013, pharmaceutical companies and medical device manufacturers are required to report to the federal government payments made to physicians under the Physician Payment Sunshine Act (PPSA)…more

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Rebecca Engrav

Federal Court Holds That FTC May Regulate Company Data Security Practices

In a closely watched and first-of-its-kind case, the U.S. District Court for the District of New Jersey rejected, for purposes of a motion to dismiss, a defendant company’s argument that the Federal Trade Commission (FTC) lacks…more

Data Protection, FTC, Jurisdiction, Wyndham

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Jessica Everett-Garcia

Top 10 Issues To Consider When You Are Sued: Issue #8: Disclosing Litigation And Reserving For Litigation Losses

(updated from April 11, 2007) - Determining when and how to account for loss contingencies is an important decision for companies that have been sued…more

Disclosure Requirements, GAAP, Legal Costs, Loss Contingencies, SEC

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Travis Exstrom

The SEC Speaks In 2014: Enhanced Statutory Regime Combined With Data Analytics Tools Results In Enforcement 2.0

The annual “SEC Speaks Conference,” where the U.S. Securities and Exchange Commission (SEC) and its senior staff review the major developments from the prior year, and preview the SEC’s enforcement priorities for the upcoming…more

Daniel Gallagher, Dodd-Frank, Enforcement, FCPA, Fraud

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Jacob Farber

FCC Clarifies TCPA Mandates

The FCC last week issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA). While the rulings in each are limited to the specific requests set forth in the petitions, they include broad language…more

FCC, TCPA

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Miriam Farhi

The New COPPA Rule Takes Effect Today — Are You Ready?

In December 2012, the Federal Trade Commission (FTC) adopted final amendments to the Children's Online Privacy Protection Act (COPPA) Rule, which regulates how companies may collect information online from children under 13…more

COPPA, Data Protection, FTC, Parental Consent, Personally Identifiable Information

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David Fentin

New Self-Regulatory Rules For Mobile Apps: What Your Company Needs To Know

Even as efforts to achieve industry-wide consensus on Do Not Track appear to be stalling, self-regulatory associations are forging ahead with their own rules governing online and mobile data collection…more

Data Collection, Digital Advertising Alliance, Do Not Track, Marketing, Mobile Apps

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Albert Ferlo

Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects

A recent opinion from the U.S. Court of Appeals for the Seventh Circuit provides a useful roadmap for U.S. Army Corps of Engineers’ review of major infrastructure projects under Section 404 of the Clean Water Act. See Hoosier…more

Clean Water Act, Federal Highway Administration, Highways, Infrastructure, Public Projects

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Jodi Knobel Feuerhelm

California Lease Disclosure Requirements Regarding ADA Accessibility Now In Effect

Beginning July 1, 2013, California commercial leases and rental agreements must include a disclosure regarding whether the property being leased has been inspected by a Certified Access Specialist (CASp) and, if a CASp…more

Accessibility Rules, ADA, CASp, Commercial Leases, Disclosure Requirements

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Susan E. Foster

The Antitrust Review Of The Americas 2013: US: Recent Developments in Intellectual Property Antitrust Law

United States antitrust laws seek to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast, are designed to encourage…more

Acquisitions, FTC, Patents, Pay-For-Delay, Reverse Payment Settlement Agreements

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T. Markus Funk

Germany's Foreign Anti-Corruption Efforts: Second-Tier No More

A March 2011 report by the Organization for Economic Cooperation and Development’s (OECD’s) Working Group on Bribery characterized Germany as assuming a “leading position” in the investigation and prosecution of foreign bribery…more

Anti-Corruption, Bribery, EU, OECD

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Jordan Galassie

No Clear Disclosure? No Third-Party Release In Ch. 11

Originally published in Law360 on January 28, 2013. A recent appellate decision requires strict adherence to disclosure requirements before third-party releases contained in a Chapter 11 plan may be approved…more

Disclosure Requirements, Indenture Trustee, Settlement, Third-Party Release Agrements

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Raj Gangadean

Repeal Of Requirements For Arizona Registration Of Charities Soliciting Donations In Arizona

As of September 13, 2013, the Arizona Secretary of State is no longer accepting registrations from charities that solicit charitable donations in Arizona. Arizona House Bill 2457 repealed the former Section 44-6552 of the…more

Charitable Donations, Registration

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Alexander Garcia

ICANN's Trademark Clearinghouse For Expanded gTLDs To Launch March 26: Are You Ready?

The Internet Corporation for Assigned Names and Numbers (ICANN), which is charged with enabling and securing the Internet, has been hard at work on a significant expansion project. This expansion includes changes to the…more

gTLD, ICANN, Trademark Clearinghouse, Trademarks

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Javier F. Garcia

NLRB’s Union Poster Rule Struck Down By D.C. Circuit

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit vacated the rule adopted by the National Labor Relations Board (the Board) that required most private sector employers to display on their properties…more

NLRB, Notice Requirements, Posting Requirements

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Amelia Gerlicher

Possibility Of Future Harm Allows Sony Data Breach Plaintiffs To Survive Motion To Dismiss

Courts Split Over Impact of Supreme Court Decision - The Southern District of California last month let 8 out of 51 claims survive in a putative class action arising out of the 2011 breach of the Sony PlayStation network…more

Class Action, Data Breach, Motion to Dismiss, Putative Class Actions, Ripeness

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Albert Gidari, Jr.

Security Breach Notification Chart - Revised October 2013

Perkins Coie's Privacy & Security practice maintains this comprehensive chart of state laws regarding security breach notification. The chart is for informational purposes only and is intended as an aid in understanding each…more

Breach Notification Rule, Data Breach

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Zane Gilmer

Financial Industry Should Remain Cautious Despite Marijuana Banking Guidance

The sale of medical or recreational marijuana is legal in at least twenty states and the District of Columbia. The sale of the drug generates a lot of cash. But banks have been reluctant to permit marijuana-related businesses to…more

Bank Secrecy Act, Banks, Marijuana

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David Gold

Illinois Supreme Court Issues New Rules Affecting Mortgage Foreclosures

The Illinois Supreme Court has issued new court rules that become effective on May 1, 2013, modifying the evidentiary requirements for obtaining foreclosure judgments, among other things. The rules are the result of the work of…more

Affidavits, Foreclosure, Loss Mitigation, Mortgages, Required Documentation

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Ivan Gold

EPA Proposes Another Rule To Limit New Power Plant CO2 Emissions

Background - Section 111 of the Clean Air Act authorizes the Environmental Protection Agency to set “new source performance standards” (NSPS) for selected categories of air pollution sources. These standards must require…more

Carbon Emissions, Clean Air Act, Environmental Policies, EPA, Greenhouse Gas Emissions

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Aubri Goldsby

EPA Issues Rule Approving New ASTM E1527-13 Standard For All Appropriate Inquiries

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) issued its final rule approving the use of ASTM International’s revised “Standard Practice for Environmental Site Assessments: Phase I Environmental Site…more

CERCLA, Environmental Assessments, EPA, Hazardous Substances, Land Developers

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Andrew Grant

Facebook Simplifies Its Promotion Guidelines

Facebook recently updated its Promotion Guidelines to ease restrictions on conducting contest and sweepstakes promotions on the Facebook platform. Facebook previously required promotion sponsors to administer promotions through…more

Contests & Promotions, Facebook, Mobile Apps, Social Media

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Jordan Green

Software Developer Accused Of Aiding And Abetting Illegal Gambling

On January 8, 2013, the Supreme Court of the State of New York conducted a hearing in a criminal case that may cause concern among software developers whose software could be used for illegal activities…more

Aiding and Abetting, Internet Gambling, Licenses, Online Sportsbooks, Software

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Jay Griffiths

How Should U.S. Companies React To The Iran Nuclear Deal And Which Sanctions Are Suspended?

The United States agreed to suspend certain sanctions against Iran over the weekend as part of an agreement to curb the Iranian nuclear program. The agreement, which provides for a six-month first step towards a comprehensive…more

Barack Obama, Iran Sanctions, Nuclear Power, OFAC, SDN List

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Tyler Hagenbuch

While Hamstrung By DOMA, Federal Election Commission Still Opens Door To Joint Political Contributions From Same-Sex Couples

The Federal Election Commission (FEC) this week became the latest government agency to grapple with the impact of the Defense of Marriage Act (DOMA) on the federal rights of legally married same-sex couples. At issue was…more

DOMA, Federal Election Commission, Political Contributions, Same-Sex Marriage

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Meredith Halama

FCC Clarifies TCPA Mandates

The FCC last week issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA). While the rulings in each are limited to the specific requests set forth in the petitions, they include broad language…more

FCC, TCPA

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Christopher Hall

SEC Answers Frequently Asked Questions About Conflict Minerals Disclosure — Finally

The Securities and Exchange Commission’s (the Commission or SEC) Division of Corporation Finance provided answers to questions regarding the Commission’s rules adopted in response to the Dodd-Frank Wall Street Reform and…more

Conflict Mineral Rules, Disclosure Requirements, Form SD, Generic, Mining

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Kevin J. Hamilton

Supreme Court to Hear Another Case on Class Arbitration Waivers

On November 9, 2012, the U.S. Supreme Court agreed to consider the enforceability of a class action waiver clause in agreements between American Express and merchants that accepted its cards. The merchants filed a proposed class…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers

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Allison Handy

M&F Worldwide: Delaware Supreme Court Upholds Business Judgment Review In Controlling Stockholder Transaction

When a controlling stockholder’s buyout of a company has been challenged by minority stockholders, Delaware courts have generally subjected the transaction to entire fairness review, the most rigorous standard of review in…more

Business Judgment Rule, Controlling Stockholders, MFW, Minority Shareholders, Shareholder Litigation

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Christopher Hanewicz

Experts In Patent Cases: Getting The Most Out Of Your Star Witness

In This Issue: - Introduction - Selecting the Right Expert(s) ..The Testifying Expert ..Non-Testifying “Supporting” Experts - Fed. R. Civ. 26 Rules Governing Interactions Between Counsel and Experts …more

Claim Construction, Discovery, Expert Witness, Infringement, Motion To Strike

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J. Dax Hansen

Virtual Currencies: International Actions And Regulations

Virtual Currencies: International Actions And Regulations. See Chart for more information…more

Virtual Currency

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Arthur Haubenstock

U.S. Fish And Wildlife Service Imposes First-Ever Criminal Penalties For Bird Deaths Caused By Wind Projects

The first criminal case ever prosecuted under the Migratory Bird Treaty Act (MBTA) against a wind energy company for bird deaths resulted recently in Duke Energy Renewables (Duke Energy) reaching a settlement with the U.S…more

Bird Fatalities, DOJ, Fish and Wildlife Service, Migratory Bird Treaty Act, Wind Power

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John Henault, Jr.

KBR Decision: What Government Contractors Need To Know About Possible Erosion Of Internal Investigation Privilege Protections

In a significant legal development, a U.S. District Court Judge recently ordered KBR Inc. (KBR) to produce internal investigation materials addressing allegations of misconduct under a government contract for military support in…more

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Julianne Henley

The Madrid System Is Expanding: Is Your Trademark Portfolio Covered?

As more countries join the Madrid Protocol System for the International Registration of Marks (Madrid System), trademark owners should be sure to take full advantage of this trademark registration option. There are now 89…more

First-to-File, International Trademark Protection, Madrid Protocol, Trademarks

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Sarah Herman

Virtual Currencies: International Actions And Regulations

Virtual Currencies: International Actions And Regulations. See Chart for more information…more

Virtual Currency

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Todd M. Hinnen

Don't Let a Data Breach Diminish Your Retail Profits This Holiday Season

For the first time, online retail sales exceeded $1 billion on Black Friday and reached nearly $1.5 billion on Cyber Monday this year. Analysts expect this increase in e-commerce to continue, and Forrester Research estimates…more

Data Breach, E-Commerce

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Jeffrey Hollingsworth

Ninth Circuit Holds Dukes v. Wal-Mart Certification Requirements Apply To Small Class Actions And In The Wage And Hour Context

On Tuesday, on remand from the U.S. Supreme Court, the Ninth Circuit held that the certification requirements set forth by the U.S. Supreme Court for a multimillion plaintiff gender discrimination class action in Dukes v…more

Class Action, Class Certification, Dukes v Wal-Mart, Wage and Hour, Wang v Chinese Daily News

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Joelle Hong

Is Your Company Ready For California's Expanded Data Security Notification Law?

Effective January 1, 2014, California residents must be notified when the information used to access their email or other online accounts is compromised in a data security breach incident. …more

Breach Notification Rule, Compliance, Cybersecurity, Data Breach, Data Protection

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Sarah Hopkins

New Laws Increase Criminal Liability For Disclosure Of Trade Secrets: Are You Protected?

Two new criminal laws underscore the value of trade secrets as a critical asset to a corporation. These new laws, the Trade Secrets Clarification Act (TSCA) and the Foreign and Economic Espionage Penalty Enhancement Act…more

Criminal Sanctions, Economic Espionage Act, Trade Secrets, TSCA

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Michael House

Turmoil In Ukraine (Part II): U.S. Halts Export Licenses For Dual-Use And Defense Items To Russia; Congress Acts To Codify And Expand Russia Sanctions

U.S. government agencies announced this week that they have suspended issuing export licenses to companies sending or releasing sensitive goods, services and technology to Russia. This development will prevent companies from…more

Exports, Foreign Policy, Russia, Sanctions, Ukraine

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Kathleen Howard

Getting Ready For The Physician Payment ‘Sunshine’ Rule

Originally Published in BNA Bloomberg, Medical Devices Law & Industry Report on March 20, 2013. On February 1, 2013, the Centers for Medicare and Medicaid Services (CMS) published the long-awaited final regulations for…more

Affordable Care Act, CMS, Disclosure Requirements, Healthcare, Manufacturers

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Lauren T. Howard

San Francisco Enacts New Workplace Protection For Caregivers

The San Francisco Family Friendly Workplace Ordinance goes into effect on January 1, 2014. The ordinance grants employees who act as caregivers the right to request accommodation from their employers, including flexible…more

Caregivers, Flexible Work Arrangements, Local Ordinance, Municipalities

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Renee M. Howard

New Rules Amend Regulatory Exceptions For Donation Of Electronic Health Records Items And Services

On December 27, 2013, the Department of Health and Human Services published two final rules, one amending the Office of Inspector General’s (OIG) Anti-Kickback safe harbor related to electronic health records (EHR) items and…more

CMS, Cybersecurity, Data Protection, EHR, Healthcare

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Jason Howell

New California Advertising And Privacy Laws: What’s Your Compliance Plan?

New California Requirements Regarding "Do Not Track" Transparency and Advertising to Minors Have Substantial Effects on Advertisers, Ad Tech Companies, Website Publishers and App Developers - California recently enacted…more

Advertising, Compliance, Do Not Track, Internet, Privacy Laws

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Neal A. Hudders

Investment Window For Capital Gains Tax Exclusion For Certain New Investments In Small Businesses Extended To December 31, 2013

On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 (the Act). Among other provisions, the Act provides that the 100% exclusion from gross income of certain capital gains from sales of…more

American Taxpayer Relief Act, Capital Gains, Fiscal Cliff, Gain Exclusion, Income Taxes

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Jalina Joy Hudson

The SEC Speaks In 2014: Enhanced Statutory Regime Combined With Data Analytics Tools Results In Enforcement 2.0

The annual “SEC Speaks Conference,” where the U.S. Securities and Exchange Commission (SEC) and its senior staff review the major developments from the prior year, and preview the SEC’s enforcement priorities for the upcoming…more

Daniel Gallagher, Dodd-Frank, Enforcement, FCPA, Fraud

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Teresa Jacobs

California Energy Commission Delays Implementation Of Nonresidential Building Energy Disclosure Regulations

On August 14, 2013, the California Energy Commission announced for the second time this summer that implementation of California’s new energy use disclosure regulations has been delayed…more

Delays, Disclosure Requirements, Energy, Energy Efficiency, Energy Policy

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Lindsay Jewell

Repeal Of Requirements For Arizona Registration Of Charities Soliciting Donations In Arizona

As of September 13, 2013, the Arizona Secretary of State is no longer accepting registrations from charities that solicit charitable donations in Arizona. Arizona House Bill 2457 repealed the former Section 44-6552 of the…more

Charitable Donations, Registration

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Julie Jones

CEQA Year In Review 2013 - A Summary Of Published Appellate Opinions Under CEQA

INTRODUCTION AND OVERVIEW - The published court decisions in 2012 reflected a heightened recognition that CEQA does not require perfection, but rather a reasonable effort to provide environmental information that actually…more

CEQA, CEQA Reform, Environmental Impact Report, Land Developers, Urban Planning & Development

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Sandra Jones

Annual Investment Update: Economic Review & Outlook - December 31, 2013

Welcome 2014! We want to thank you for continuing to support the investment strategies we have in place to protect your wealth. The total return in the S&P Index in 2013 of 32.4% now has the index up an astounding 173% since the…more

Economic Development, Federal Reserve, Rating Agencies, S&P

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Zachary P. Jones

Supreme Court to Hear Another Case on Class Arbitration Waivers

On November 9, 2012, the U.S. Supreme Court agreed to consider the enforceability of a class action waiver clause in agreements between American Express and merchants that accepted its cards. The merchants filed a proposed class…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers

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Calvin (Cal) Keith

Portland Adopts Mandatory Sick Leave Law

Portland has become just the fourth U.S. city to require that employers provide sick leave. The Portland ordinance goes into effect January 1, 2014. Following is a brief summary of the ordinance. As the effective date…more

Local Ordinance, Medical Leave, Municipalities, Notice Requirements, Paid Leave

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Todd Kerr

Supreme Court Holds That SLUSA Does Not Preempt State Law Claims Of Investors In Stanford Ponzi Scheme

Recently, the U.S. Supreme Court limited the scope of the preemption of state law class actions afforded by the Securities Litigation Uniform Standards Act of 1998 (SLUSA) in Chadbourne & Parke LLP v. Troice, No. 12-79 (U.S…more

Chadbourne & Parke LLP v Troice, Ponzi Scheme, Preemption, SCOTUS, SLUSA

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Christin Kim

13 Changes To California Law In 2014: What Employers Need To Know

Every new year brings employment law changes for California’s employers and, while the Affordable Care Act has taken the spotlight for 2014, a vast array of employment laws deserve special attention from California employers for…more

Attorney's Fees, Crime Victims, Domestic Workers, Employee Benefits, Evidence

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Christine J. Kim

New Rules Will Be “Taxing” On Medical Device Manufacturers

The U.S. Department of the Treasury and the Internal Revenue Service (IRS) recently issued much-anticipated final regulations under Section 4191 of the Internal Revenue Code (Code), which imposes a 2.3% tax on sales of any…more

Excise Tax, IRS, Manufacturers, Medical Devices, Sales & Use Tax

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Seth King

Don’t Let The Grinch Steal Your Holiday Season: Preserving Your Right To Rebuild Your Business After A Disaster

The one-year anniversary of 2012’s Hurricane Sandy has just passed, which is a fitting occasion to think about how or if your business could be rebuilt after suffering complete or near destruction. Hurricane Sandy, which…more

Hurricane Sandy, Natural Disasters, Property Damage

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Karl Klassen

Let The Race Begin: U.S. Joins The World In Rewarding The First Inventor To File

On March 16, 2013, the America Invents Act (AIA) changes U.S. patent law from a first-to-invent system to a first-inventor-to-file system, which moves U.S. patent law into closer harmony with most industrialized nations…more

America Invents Act, Derivation Proceeding, First-to-File, First-to-Invent, Grace Period

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Sean Knowles

Revlon “Ring-Fencing” Settlement: Greater Risk Of SEC Enforcement Activity In Going Private Transactions?

On June 13, 2013, the Securities and Exchange Commission announced the settlement of administrative proceedings against Revlon, Inc. In the settlement order, the SEC asserted that the company hid information regarding a 2009…more

401k, Board of Directors, Going-Private Transactions, Revlon, Ring-Fencing

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Stephen Kostka

CEQA Year In Review 2013 - A Summary Of Published Appellate Opinions Under CEQA

INTRODUCTION AND OVERVIEW - The published court decisions in 2012 reflected a heightened recognition that CEQA does not require perfection, but rather a reasonable effort to provide environmental information that actually…more

CEQA, CEQA Reform, Environmental Impact Report, Land Developers, Urban Planning & Development

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Betsy Kristoferson

2014 Changes In Hart-Scott-Rodino Reporting Thresholds

The Federal Trade Commission (FTC) recently announced that the reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (H-S-R) Antitrust Improvements Act of 1976 (the Act), will be increased…more

FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements, The Clayton Act

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Amy Kunkel-Patterson

Ready For The November 1st New Job Assistance Ordinance In Seattle? Here's A Checklist For Criminal Background Check Compliance For The Hiring Process

November 1, 2013 marks the start of new restrictions on Seattle employers’ use of criminal background checks for employment purposes. The Job Assistance Ordinance forbids employers from requiring job applicants to disclose…more

Compliance, Criminal Background Checks, Criminal Records, Employer Liability Issues

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Regina LaMonica

The SEC Speaks In 2014: Enhanced Statutory Regime Combined With Data Analytics Tools Results In Enforcement 2.0

The annual “SEC Speaks Conference,” where the U.S. Securities and Exchange Commission (SEC) and its senior staff review the major developments from the prior year, and preview the SEC’s enforcement priorities for the upcoming…more

Daniel Gallagher, Dodd-Frank, Enforcement, FCPA, Fraud

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Bates McIntyre Larson

Illinois Supreme Court Issues New Rules Affecting Mortgage Foreclosures

The Illinois Supreme Court has issued new court rules that become effective on May 1, 2013, modifying the evidentiary requirements for obtaining foreclosure judgments, among other things. The rules are the result of the work of…more

Affidavits, Foreclosure, Loss Mitigation, Mortgages, Required Documentation

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Joel R. Levin

Weighing The Price Of Crime — Apportioning Restitution Based On Relative Fault

Criminal justice practitioners understand that ‘‘joint and several liability’’ stands for the common proposition that each co-conspirator should be equally responsible for all provable losses the conspiracy caused. Put another…more

Apportionment, Conspiracies, Fraud, Mandatory Victim's Restitution Act, Mortgages

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Hillary Levun

Government Brings Important Case Against Illegal Marketplace “Silk Road;” Government Acknowledges Lawful Uses Of Bitcoin

The virtual currency industry is in the news once again following the October 1, 2013, Federal Bureau of Investigation’s shutdown of the “Silk Road” website. As part of the shutdown of the well-known underworld bazaar, the…more

Bitcoins, FBI, Silk Road, Virtual Currency

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Selena J. Linde

Beware! Certificates Of Insurance Are Hardly Worth The Paper They Are Written On

Every day companies throughout the nation enter into contracts that require their business partners to list them as an additional insured under the business partner’s insurance policies. Having your company listed as an…more

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Kurt Linsenmayer

IRS Guidance On Same-Sex Marriage: Employee Benefit Considerations

In response to the Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675 (2013), the Internal Revenue Service issued Revenue Ruling 2013-17 (Ruling) on August 29, 2013, in which the IRS set forth the following…more

DOMA, Domestic Partnership, Employee Benefits, IRS, Qualified Retirement Plans

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Ashley Locke

Federal Government Crackdown On Virtual Currency Heats Up

Asset Seizures and Arrests Mark Recent Federal Virtual Currency Enforcement Actions - Federal authorities have initiated several recent enforcement actions that are indicative of continuing regulatory changes in the…more

Bitcoins, Enforcement, FinCEN, Money Laundering, Virtual Currency

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Richard London

Fifth Circuit Decisions Concerning Confirmation Of Plans Of Reorganization

The U.S. Court of Appeals for the Fifth Circuit recently issued two decisions that affect a borrower’s ability to confirm a bankruptcy plan, Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at…more

Artificial Impairment, Bankruptcy Plans, Borrowers, Cramdown, Lenders

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Jose Lopez

The SEC Speaks In 2014: Enhanced Statutory Regime Combined With Data Analytics Tools Results In Enforcement 2.0

The annual “SEC Speaks Conference,” where the U.S. Securities and Exchange Commission (SEC) and its senior staff review the major developments from the prior year, and preview the SEC’s enforcement priorities for the upcoming…more

Daniel Gallagher, Dodd-Frank, Enforcement, FCPA, Fraud

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Martin Lybecker

SEC Relief For "M&A Brokers:" Not Required To Register As Broker-Dealers

The Chief Counsel of the SEC’s Division of Trading and Markets recently issued an important no-enforcement letter regarding the status of a person engaged in effecting transactions in connection with the transfer of ownership of…more

Broker-Dealer, Brokers, Finders, Gramm-Leach-Blilely Act, Investment Adviser

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Sarah E. Lysons

Is Your Company Ready For California's Expanded Data Security Notification Law?

Effective January 1, 2014, California residents must be notified when the information used to access their email or other online accounts is compromised in a data security breach incident. …more

Breach Notification Rule, Compliance, Cybersecurity, Data Breach, Data Protection

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Jena MacLean

District Court Remands Offshore Wind Project For Failure To Comply With Endangered Species Act

In a decision that has been nearly thirteen years in the making, on March 14, 2014, the U.S. District Court for the District of Columbia ruled that the U.S. Fish and Wildlife Service and U.S. National Marine Fisheries Service…more

Endangered Species Act, Offshore Wind, Wind Power

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Robert (Bob) L. Mahon

Oregon Supreme Court Decides Sales Factor Case

On December 12, 2013, the Oregon Supreme Court issued its decision in Tektronix, Inc. v. Oregon Dep’t. of Revenue. The court held that the taxpayer’s receipts from the sale of goodwill, making up a part of the sale of a…more

Acquisitions, Goodwill, Intangible Property, Intangibles, Tax Exemptions

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William Malley

Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects

A recent opinion from the U.S. Court of Appeals for the Seventh Circuit provides a useful roadmap for U.S. Army Corps of Engineers’ review of major infrastructure projects under Section 404 of the Clean Water Act. See Hoosier…more

Clean Water Act, Federal Highway Administration, Highways, Infrastructure, Public Projects

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Erika Eaton Malmen

Ninth Circuit Reverses Prior Ruling: Pollution Levels In Monitoring Data Are Sufficient To Hold County Liable For Storm Water Permit Violation

Urban storm water runoff has been recognized as one of the most significant sources of water pollution in the country…more

Clean Water Act, Discharge of Pollutants, Government Monitoring Information, Municipalities, Permits

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Jenica D. Mariani

San Francisco Enacts New Workplace Protection For Caregivers

The San Francisco Family Friendly Workplace Ordinance goes into effect on January 1, 2014. The ordinance grants employees who act as caregivers the right to request accommodation from their employers, including flexible…more

Caregivers, Flexible Work Arrangements, Local Ordinance, Municipalities

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Winfield (Win) Martin

Facebook Simplifies Its Promotion Guidelines

Facebook recently updated its Promotion Guidelines to ease restrictions on conducting contest and sweepstakes promotions on the Facebook platform. Facebook previously required promotion sponsors to administer promotions through…more

Contests & Promotions, Facebook, Mobile Apps, Social Media

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Robert Maynard

New Law Eliminates Any Clean Water Act NPDES Permit Requirement For Logging Road Stormwater Runoff

On February 7, 2014, President Obama signed into law the 2014 Farm Bill, H.R. 2642. Section 12313 of the Bill (Silvicultural Activities) amends the Clean Water Act to make clear that a National Pollutant Discharge Elimination…more

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James McCullagh

Federal Court Holds That FTC May Regulate Company Data Security Practices

In a closely watched and first-of-its-kind case, the U.S. District Court for the District of New Jersey rejected, for purposes of a motion to dismiss, a defendant company’s argument that the Federal Trade Commission (FTC) lacks…more

Data Protection, FTC, Jurisdiction, Wyndham

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Christina Jordan McCullough

Federal Circuit Holds That Issues Of Claim Construction Must Be Reviewed Without Deference On Appeal, Without Regard To Legal Or Factual Distinctions

Since 1998, when the Federal Circuit issued its en banc opinion in Cybor Corp. v. FAS Technologies, Inc., claim construction issues have been subject to de novo review on appeal. Under this standard of review, no formal…more

Claim Construction, Cybor Corp v FAS Technologies, Patent Infringement, Patent Litigation, Patents

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Karen McGaffey

EPA Proposes Another Rule To Limit New Power Plant CO2 Emissions

Background - Section 111 of the Clean Air Act authorizes the Environmental Protection Agency to set “new source performance standards” (NSPS) for selected categories of air pollution sources. These standards must require…more

Carbon Emissions, Clean Air Act, Environmental Policies, EPA, Greenhouse Gas Emissions

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Steven Merriman

Security Breach Notification Chart - Revised October 2013

Perkins Coie's Privacy & Security practice maintains this comprehensive chart of state laws regarding security breach notification. The chart is for informational purposes only and is intended as an aid in understanding each…more

Breach Notification Rule, Data Breach

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Eric Miller

Second Circuit Holds That States May Tax Non-Indian Property On An Indian Reservation

On July 15, 2013, the United States Court of Appeals for the Second Circuit held that a state may impose a generally applicable personal-property tax on property owned by non-Indians but leased to an Indian tribe and used for…more

Bureau of Indian Affairs, Leases, Native American Issues, Property Tax

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Jeffrey Miller

CMS Issues Final Physician Payment Sunshine Act Regulations

On February 1, 2013, the Centers for Medicare and Medicaid Services (CMS) published the long-awaited final regulations implementing the Physician Payment Sunshine Act (Act or Sunshine Act). The Sunshine Act requires drug,…more

Biologics, CHIP, CMS, Common Ownership, Covered Recipients

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Keith Miller

Government Brings Important Case Against Illegal Marketplace “Silk Road;” Government Acknowledges Lawful Uses Of Bitcoin

The virtual currency industry is in the news once again following the October 1, 2013, Federal Bureau of Investigation’s shutdown of the “Silk Road” website. As part of the shutdown of the well-known underworld bazaar, the…more

Bitcoins, FBI, Silk Road, Virtual Currency

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Jeff Minzel

IRS Guidance On Same-Sex Marriage: Employee Benefit Considerations

In response to the Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675 (2013), the Internal Revenue Service issued Revenue Ruling 2013-17 (Ruling) on August 29, 2013, in which the IRS set forth the following…more

DOMA, Domestic Partnership, Employee Benefits, IRS, Qualified Retirement Plans

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Furqan Mohammed

FCC Clarifies TCPA Mandates

The FCC last week issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA). While the rulings in each are limited to the specific requests set forth in the petitions, they include broad language…more

FCC, TCPA

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Cori Gordon Moore

Supreme Court Upholds Arbitration Agreement, Rejects Effective Vindication Of Federal Rights

The U.S. Supreme Court rejected another challenge to the enforceability of arbitration agreements under the Federal Arbitration Act (FAA), holding that a contractual waiver of class arbitration is enforceable even if the cost of…more

American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action

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J. Sue Morgan

Financial Reform Act: SEC Proposes CEO Pay Ratio Disclosure Rules

Recently, the SEC, by a vote of 3 to 2, proposed long-delayed and controversial rules to implement the “CEO pay ratio” disclosure mandated under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The proposed rules,…more

CEOs, Disclosure Requirements, Pay Ratio, SEC, Wages

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Andrew Moriarty

Check Your Arbitration Agreements After New Washington Supreme Court Case

A recent Washington Supreme Court case, Gandee v. LDL Freedom Enterprises, Inc., No. 87674-6 (Feb. 7, 2013), provides important insights into how Washington courts approach the enforceability of arbitration agreements in the…more

Arbitration Agreements, AT&T Mobility v Concepcion, Choice-of-Law, Federal Arbitration Act, Preemption

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Kelly Moser

EPA Proposes Another Rule To Limit New Power Plant CO2 Emissions

Background - Section 111 of the Clean Air Act authorizes the Environmental Protection Agency to set “new source performance standards” (NSPS) for selected categories of air pollution sources. These standards must require…more

Carbon Emissions, Clean Air Act, Environmental Policies, EPA, Greenhouse Gas Emissions

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Tina Moss

No Clear Disclosure? No Third-Party Release In Ch. 11

Originally published in Law360 on January 28, 2013. A recent appellate decision requires strict adherence to disclosure requirements before third-party releases contained in a Chapter 11 plan may be approved…more

Disclosure Requirements, Indenture Trustee, Settlement, Third-Party Release Agrements

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Charles Mulaney

Recent Changes In SEC Enforcement Policy Require Renewed Attention To Directors’ And Officers’ Insurance Terms

In recent months, the Securities and Exchange Commission (SEC) has announced and implemented policy shifts that could compromise the availability of directors’ and officers’ (D&O) insurance coverage for entities and individuals…more

Directors, Enforcement, Enforcement Actions, Officers, SEC

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Alan Murphy

U.S. Supreme Court Rules For Property Owner In Important Takings Case

In a 5-4 decision, the U. S. Supreme Court expanded the reach of the requirement that there be a “nexus” and “rough proportionality” between the impacts of a proposed development and governmental conditions imposed on the…more

Dolan v City of Tigard, Fifth Amendment, Koontz v St John's River Water Management, Land Developers, Nexus

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Ann Nagele

Turmoil In Ukraine (Part II): U.S. Halts Export Licenses For Dual-Use And Defense Items To Russia; Congress Acts To Codify And Expand Russia Sanctions

U.S. government agencies announced this week that they have suspended issuing export licenses to companies sending or releasing sensitive goods, services and technology to Russia. This development will prevent companies from…more

Exports, Foreign Policy, Russia, Sanctions, Ukraine

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Neil Nathanson

Crowdfunding Leaps Closer To Becoming A Reality

The Securities and Exchange Commission (SEC) took a giant step in fulfilling its rulemaking obligation under the 2012 Jumpstart Our Business Startups (JOBS) Act last week when it released proposed Regulation Crowdfunding. …more

Crowdfunding, JOBS Act, SEC, Securities Act of 1933

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Richard Oehler

Turmoil In Ukraine (Part II): U.S. Halts Export Licenses For Dual-Use And Defense Items To Russia; Congress Acts To Codify And Expand Russia Sanctions

U.S. government agencies announced this week that they have suspended issuing export licenses to companies sending or releasing sensitive goods, services and technology to Russia. This development will prevent companies from…more

Exports, Foreign Policy, Russia, Sanctions, Ukraine

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David Olsky

Supreme Court Holds That SLUSA Does Not Preempt State Law Claims Of Investors In Stanford Ponzi Scheme

Recently, the U.S. Supreme Court limited the scope of the preemption of state law class actions afforded by the Securities Litigation Uniform Standards Act of 1998 (SLUSA) in Chadbourne & Parke LLP v. Troice, No. 12-79 (U.S…more

Chadbourne & Parke LLP v Troice, Ponzi Scheme, Preemption, SCOTUS, SLUSA

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Lisa Oratz

FTC Expands Scope Of Children's Privacy Law To Keep Pace With New Technologies

On December 19, 2012, the Federal Trade Commission (FTC) finalized amendments to the Children's Online Privacy Protection Rule (the Rule), which applies to operators of commercial websites or online services that (1) are…more

Behavioral Advertising, COPPA, Data Collection, Data Protection, FTC

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Anne Pansard

PCAOB Proposes Significant Changes To Auditor’s Report And Responsibilities For Annual Reports Filed With The SEC

As a result of ongoing efforts to improve the informational value of the auditor’s reporting model, on August 13, 2013, the Public Company Accounting Oversight Board (PCAOB) proposed two new auditing standards for public comment…more

Annual Reports, Auditors, Audits, PCAOB, Reporting Requirements

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Kevin Patariu, P.E.

USPTO Patent Trial And Appeal Board Completes The First Patent Invalidity Trial Under The America Invents Act

In its first “final” decision under the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO)’s Patent Trial and Appeal Board (PTAB) has invalidated and cancelled all five challenged claims of U.S…more

America Invents Act, Inventions, Patent Reform, Patent Trial and Appeal Board, Patents

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William (Bill) Pedersen

EPA Proposes Another Rule To Limit New Power Plant CO2 Emissions

Background - Section 111 of the Clean Air Act authorizes the Environmental Protection Agency to set “new source performance standards” (NSPS) for selected categories of air pollution sources. These standards must require…more

Carbon Emissions, Clean Air Act, Environmental Policies, EPA, Greenhouse Gas Emissions

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Jerica L. Peters

Getting Ready For The Physician Payment ‘Sunshine’ Rule

Originally Published in BNA Bloomberg, Medical Devices Law & Industry Report on March 20, 2013. On February 1, 2013, the Centers for Medicare and Medicaid Services (CMS) published the long-awaited final regulations for…more

Affordable Care Act, CMS, Disclosure Requirements, Healthcare, Manufacturers

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Chelsea Dwyer Petersen

U.S. Supreme Court Rejects Attempt To Manipulate Federal Jurisdictional Threshold Under Class Action Fairness Act

The U.S. Supreme Court unanimously ruled in Standard Fire Insurance Co. v. Knowles, 568 U.S. __, No. 11-1450, 2013 WL 1104735 (Mar. 19, 2013), that plaintiffs attempting to bring a class action lawsuit cannot escape federal…more

Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction

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Richard (Rich) E. Peterson

New Rules Will Be “Taxing” On Medical Device Manufacturers

The U.S. Department of the Treasury and the Internal Revenue Service (IRS) recently issued much-anticipated final regulations under Section 4191 of the Internal Revenue Code (Code), which imposes a 2.3% tax on sales of any…more

Excise Tax, IRS, Manufacturers, Medical Devices, Sales & Use Tax

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Tobias Piering

U.S. Supreme Court Rejects Attempt To Manipulate Federal Jurisdictional Threshold Under Class Action Fairness Act

The U.S. Supreme Court unanimously ruled in Standard Fire Insurance Co. v. Knowles, 568 U.S. __, No. 11-1450, 2013 WL 1104735 (Mar. 19, 2013), that plaintiffs attempting to bring a class action lawsuit cannot escape federal…more

Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction

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Heather Poole

The New COPPA Rule Takes Effect Today — Are You Ready?

In December 2012, the Federal Trade Commission (FTC) adopted final amendments to the Children's Online Privacy Protection Act (COPPA) Rule, which regulates how companies may collect information online from children under 13…more

COPPA, Data Protection, FTC, Parental Consent, Personally Identifiable Information

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Nicholas (Nick) Price

Is Your Company's Mobile App Violating CalOPPA?

On December 6, 2012, the California attorney general filed suit against Delta Airlines for failing to provide mobile application users with adequate notice of its privacy practices. According to the complaint, the "Fly Delta"…more

Compliance, Delta Airlines, Kamala Harris, Mobile Apps, Online Privacy Protection Act

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Matthew Purcell

USCIS Releases New Policy Memorandum For EB-5 Program

Following numerous revisions and opportunities for public comment, on May 30, 2013, U.S. Citizenship and Immigration Services (USCIS) released a Policy Memorandum for all USCIS employees regarding EB-5 adjudications…more

EB-5, Investors, Memorandum of Guidance, NAICS, New Regulations

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Markham (Mark) Quehrn

Washington State Supreme Court Issues Landmark Ruling: “Overriding Considerations Of The Public Interest” Do Not Justify Reallocating Water Rights From Minimum Instream Flows To New Beneficial Uses

On October 3, 2013, the Washington State Supreme Court ruled in Swinomish Indian Tribal Community v. Wash. Dept. of Ecology (No. 87672-0, Wash. Oct. 3, 2013) that the Department of Ecology exceeded its authority by applying the…more

Public Interest, Water, Water Rights

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Pravin Rao

The SEC Speaks In 2014: Enhanced Statutory Regime Combined With Data Analytics Tools Results In Enforcement 2.0

The annual “SEC Speaks Conference,” where the U.S. Securities and Exchange Commission (SEC) and its senior staff review the major developments from the prior year, and preview the SEC’s enforcement priorities for the upcoming…more

Daniel Gallagher, Dodd-Frank, Enforcement, FCPA, Fraud

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Anne Redman

New HIPAA Omnibus Rule Implementing Provisions Of The HITECH Act: An Overview Of Changes

Final implementing regulations for many provisions of the HITECH Act (Health Insurance Technology for Economic and Clinical Health Act) were issued by the Department of Health and Human Services (HHS) recently, and appeared in…more

Business Associates, Compliance, Covered Entities, Data Breach, Enforcement

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Stephanie Regenold

New Law Eliminates Any Clean Water Act NPDES Permit Requirement For Logging Road Stormwater Runoff

On February 7, 2014, President Obama signed into law the 2014 Farm Bill, H.R. 2642. Section 12313 of the Bill (Silvicultural Activities) amends the Clean Water Act to make clear that a National Pollutant Discharge Elimination…more

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Lawrence Reichman

Food Litigation Newsletter - November 12, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Rains on Plaintiff’s Vitamin Drink Suit Parade ..Potato Chip Misbranding Claims Half-Baked, Says Court ..Court: Pasta Claims Need More…more

False Advertising, Food Marketing, Misbranding, Trans Fat

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Barry Reingold

2014 Changes In Hart-Scott-Rodino Reporting Thresholds

The Federal Trade Commission (FTC) recently announced that the reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (H-S-R) Antitrust Improvements Act of 1976 (the Act), will be increased…more

FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements, The Clayton Act

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Joshua Reiten

California Supreme Court Decision Signals Victory For Online Retailers

The California Supreme Court recently issued a landmark ruling in Apple Inc. v. Superior Court (formerly Krescent v. Apple Inc. in trial court proceedings), a case with wide-reaching implications for consumer privacy in…more

Apple, Credit Cards, E-Commerce, Internet Retailers, Personally Identifiable Information

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Carla L. Reyes

New FinCEN Guidance On Virtual Currency Transactions

Overview - On January 30, 2014, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued two administrative letter rulings that clarify the application of FinCEN’s regulations to certain…more

Bitcoins, FinCEN, Virtual Currency

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Brander Richmond

Annual Investment Update: Economic Review & Outlook - December 31, 2013

Welcome 2014! We want to thank you for continuing to support the investment strategies we have in place to protect your wealth. The total return in the S&P Index in 2013 of 32.4% now has the index up an astounding 173% since the…more

Economic Development, Federal Reserve, Rating Agencies, S&P

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David B. Robbins

Oregon Settlement Expands Disclosure Obligations Of Physicians Receiving Payments From Drug And Device Manufacturers

As of August 1, 2013, pharmaceutical companies and medical device manufacturers are required to report to the federal government payments made to physicians under the Physician Payment Sunshine Act (PPSA)…more

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Geoffrey Robinson

CEQA Year In Review 2012

In This Issue: - Project Approvals Triggering CEQA ..Chung v City of Monterey Park (2012) 210 CA4th 394 ..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending, Supreme…more

Ballot Measures, CEQA, Environmental Impact Report, Exemptions, Greenhouse Gas Emissions

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Michael Robinson

Don’t Let The Grinch Steal Your Holiday Season: Preserving Your Right To Rebuild Your Business After A Disaster

The one-year anniversary of 2012’s Hurricane Sandy has just passed, which is a fitting occasion to think about how or if your business could be rebuilt after suffering complete or near destruction. Hurricane Sandy, which…more

Hurricane Sandy, Natural Disasters, Property Damage

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John Roche

Are You Recording Your Customers’ Calls? Better Listen

Federal law and most states only require one party to a phone call to consent to recording it, which means the person recording the call doesn’t need anyone else’s permission; however, a minority of states, including California,…more

All-Party Consent, Audio Recording, Commerce Clause, Nexus, One-Party Consent

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Luke Rona

Supreme Court Upholds Arbitration Agreement, Rejects Effective Vindication Of Federal Rights

The U.S. Supreme Court rejected another challenge to the enforceability of arbitration agreements under the Federal Arbitration Act (FAA), holding that a contractual waiver of class arbitration is enforceable even if the cost of…more

American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action

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Melanie Rubocki

USCIS Releases New Policy Memorandum For EB-5 Program

Following numerous revisions and opportunities for public comment, on May 30, 2013, U.S. Citizenship and Immigration Services (USCIS) released a Policy Memorandum for all USCIS employees regarding EB-5 adjudications…more

EB-5, Investors, Memorandum of Guidance, NAICS, New Regulations

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Patrick Ryan

U.S. Fish And Wildlife Service Imposes First-Ever Criminal Penalties For Bird Deaths Caused By Wind Projects

The first criminal case ever prosecuted under the Migratory Bird Treaty Act (MBTA) against a wind energy company for bird deaths resulted recently in Duke Energy Renewables (Duke Energy) reaching a settlement with the U.S…more

Bird Fatalities, DOJ, Fish and Wildlife Service, Migratory Bird Treaty Act, Wind Power

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Heidi Sachs

New Laws Increase Criminal Liability For Disclosure Of Trade Secrets: Are You Protected?

Two new criminal laws underscore the value of trade secrets as a critical asset to a corporation. These new laws, the Trade Secrets Clarification Act (TSCA) and the Foreign and Economic Espionage Penalty Enhancement Act…more

Criminal Sanctions, Economic Espionage Act, Trade Secrets, TSCA

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Todd Samelman, Ph.D.

USPTO Launches Updated Version Of Its After Final Consideration Pilot Program

The U.S. Patent and Trademark Office (USPTO) has launched an updated version of its After Final Consideration Pilot Program (AFCP 2.0)…more

AFCP, Patent Applications, Patent Examinations, Patents, USPTO

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Rajiv Sarathy

USPTO Patent Trial And Appeal Board Completes The First Patent Invalidity Trial Under The America Invents Act

In its first “final” decision under the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO)’s Patent Trial and Appeal Board (PTAB) has invalidated and cancelled all five challenged claims of U.S…more

America Invents Act, Inventions, Patent Reform, Patent Trial and Appeal Board, Patents

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Brian Schlect

Crowdfunding Leaps Closer To Becoming A Reality

The Securities and Exchange Commission (SEC) took a giant step in fulfilling its rulemaking obligation under the 2012 Jumpstart Our Business Startups (JOBS) Act last week when it released proposed Regulation Crowdfunding. …more

Crowdfunding, JOBS Act, SEC, Securities Act of 1933

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Barbara Schussman

CEQA Year In Review 2013 - A Summary Of Published Appellate Opinions Under CEQA

INTRODUCTION AND OVERVIEW - The published court decisions in 2012 reflected a heightened recognition that CEQA does not require perfection, but rather a reasonable effort to provide environmental information that actually…more

CEQA, CEQA Reform, Environmental Impact Report, Land Developers, Urban Planning & Development

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Benjamin Sharp

District Court Remands Offshore Wind Project For Failure To Comply With Endangered Species Act

In a decision that has been nearly thirteen years in the making, on March 14, 2014, the U.S. District Court for the District of Columbia ruled that the U.S. Fish and Wildlife Service and U.S. National Marine Fisheries Service…more

Endangered Species Act, Offshore Wind, Wind Power

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Andrew Shipley

Analyzing The Honeywell False Claim Act Decision: It's Not About Who Is "Right"

A United States District Court in California recently dismissed a False Claims Act (FCA) suit in which the plaintiff (the "Relator") alleged that Honeywell International Inc. ("Honeywell") fraudulently charged license fees for…more

False Claims Act, Fees, Fraud, Honeywell International

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Pauline Shoback

Financial Reform Act: SEC Proposes CEO Pay Ratio Disclosure Rules

Recently, the SEC, by a vote of 3 to 2, proposed long-delayed and controversial rules to implement the “CEO pay ratio” disclosure mandated under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The proposed rules,…more

CEOs, Disclosure Requirements, Pay Ratio, SEC, Wages

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Grant (Joe) Josiah Silvernale, III

Don’t Let Liability Exposure Be The Grinch That Ruins Your Holiday Season

With the holiday season quickly approaching, it’s a particularly good time to check your internal procedures. As you are certainly aware, a disappointed customer, or worse, an injured user, can assert claims against…more

Compliance, CPSC, Employer Liability Issues, Reporting Requirements, Workplace Injury

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Michael Sink

Perils Of The Global Supply Chain Series, Part 3: Groundbreaking ‘Honey Laundering’ Sting Signals New Era In Supply Chain Enforcement

Supply chain compliance is on the government’s enforcement radar like never before. If the recent Executive Order on Trafficking in Government Contracts and final SEC Conflict Minerals Rules were not notice enough, the…more

Antidumping Duties, China, Compliance, Deferred Prosecution Agreements, DOJ

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Charles Sipos

Food Litigation Newsletter - March 2014 (2)

In This Issue: - Recent Significant Developments and Rulings ..Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case ..Voluntary Dismissal in Bumble Bee Class Action - New…more

Attorney's Fees, False Advertising, Food Labeling, Food Manufacturers, Food Safety

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Bryan Smith

Investment Window For Capital Gains Tax Exclusion For Certain New Investments In Small Businesses Extended To December 31, 2013

On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 (the Act). Among other provisions, the Act provides that the 100% exclusion from gross income of certain capital gains from sales of…more

American Taxpayer Relief Act, Capital Gains, Fiscal Cliff, Gain Exclusion, Income Taxes

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Odin Alonso Smith

Federal Court Upholds First Offshore Oil And Gas Lease Sales After Gulf Oil Spill

On March 31, 2014, the U.S. District Court for the District of Columbia issued a memorandum opinion upholding the approval, by the Bureau of Ocean Energy Management, of the first oil and gas lease sales in the Gulf of Mexico…more

BOEM, NEPA, Oil & Gas

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Paul B. Smyth

Federal Court Upholds First Offshore Oil And Gas Lease Sales After Gulf Oil Spill

On March 31, 2014, the U.S. District Court for the District of Columbia issued a memorandum opinion upholding the approval, by the Bureau of Ocean Energy Management, of the first oil and gas lease sales in the Gulf of Mexico…more

BOEM, NEPA, Oil & Gas

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Kirk Soderquist

Software Developer Accused Of Aiding And Abetting Illegal Gambling

On January 8, 2013, the Supreme Court of the State of New York conducted a hearing in a criminal case that may cause concern among software developers whose software could be used for illegal activities…more

Aiding and Abetting, Internet Gambling, Licenses, Online Sportsbooks, Software

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Ryan Spear

Federal Court Holds That FTC May Regulate Company Data Security Practices

In a closely watched and first-of-its-kind case, the U.S. District Court for the District of New Jersey rejected, for purposes of a motion to dismiss, a defendant company’s argument that the Federal Trade Commission (FTC) lacks…more

Data Protection, FTC, Jurisdiction, Wyndham

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Evelyn Cruz Sroufe

M&F Worldwide: Delaware Supreme Court Upholds Business Judgment Review In Controlling Stockholder Transaction

When a controlling stockholder’s buyout of a company has been challenged by minority stockholders, Delaware courts have generally subjected the transaction to entire fairness review, the most rigorous standard of review in…more

Business Judgment Rule, Controlling Stockholders, MFW, Minority Shareholders, Shareholder Litigation

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William Stafford

Supreme Court Rules FLSA Collective Action Is Moot When The Individual Plaintiff's Claims Are Resolved Before Certification

On April 16, 2013, the U.S. Supreme Court concluded, in a 5-4 decision, that when the individual plaintiff in a "collective action" under the Fair Labor Standards Act (FLSA) resolves her own claims before certification, the case…more

Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Mootness

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Grace Han Stanton

ICANN's Trademark Clearinghouse For Expanded gTLDs To Launch March 26: Are You Ready?

The Internet Corporation for Assigned Names and Numbers (ICANN), which is charged with enabling and securing the Internet, has been hard at work on a significant expansion project. This expansion includes changes to the…more

gTLD, ICANN, Trademark Clearinghouse, Trademarks

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Lee Stein

DOJ Fraud Official Offers An Insider’s View Of The FCPA Resource Guide

Charles Duross, deputy chief of the Department of Justice’s (DOJ) Criminal Division, Fraud Section, offered white collar crime practitioners rare insight into the DOJ’s and the Security and Exchange Commission’s (SEC) recently…more

Declination, DOJ, FCPA, FCPA Resource Guide, Morgan Stanley

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Joachim Steinberg

San Francisco Enacts New Workplace Protection For Caregivers

The San Francisco Family Friendly Workplace Ordinance goes into effect on January 1, 2014. The ordinance grants employees who act as caregivers the right to request accommodation from their employers, including flexible…more

Caregivers, Flexible Work Arrangements, Local Ordinance, Municipalities

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Ben Straughan

JOBS Act: SEC Adopts Rules To Permit General Solicitation And Advertising For Private Offerings

When enacted on April 5, 2012, Title II of the Jumpstart Our Business Startups Act of 2012 (JOBS Act) endeavored to lift the long-standing ban on general solicitation and advertising for private securities offerings under Rule…more

Accredited Investors, Advertising, General Solicitation, Investors, JOBS Act

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Michael Sussmann

Federal Court Holds That FTC May Regulate Company Data Security Practices

In a closely watched and first-of-its-kind case, the U.S. District Court for the District of New Jersey rejected, for purposes of a motion to dismiss, a defendant company’s argument that the Federal Trade Commission (FTC) lacks…more

Data Protection, FTC, Jurisdiction, Wyndham

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Brian Svoboda

Political Giving, Like Charitable Giving, Raises Special Year-End Issues

Just as the end of the year can be a good time to make charitable donations, it can also be a good time to make political contributions for those who give frequently in federal elections…more

Charitable Donations, FEC, Individual Biennial Aggregate Limit, PACs, Political Contributions

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Koorosh Talieh

Insurance Coverage For Businesses Affected By The Oklahoma Tornado

Many businesses in Oklahoma have been impacted by the devastating tornado that hit that state on May 20, 2013. Early estimates indicate the tornado caused upwards of $2 billion in damage…more

Business Interruption, Lost Profits, Natural Disasters, Oklahoma Tornado, Property Damage

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Sarah Taylor

Dressing Up Your Trademarks For The Holidays

Are you contemplating dressing up your trademarks for the holidays? Adding a jaunty Santa hat and garlands to your company name on your website and shopping bags? Animating your logo to spin like a dreidel or fly like Rudolph?…more

Brand, Holidays, Marketing, Trademarks

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Nidhi Thakar

U.S. Fish And Wildlife Service Imposes First-Ever Criminal Penalties For Bird Deaths Caused By Wind Projects

The first criminal case ever prosecuted under the Migratory Bird Treaty Act (MBTA) against a wind energy company for bird deaths resulted recently in Duke Energy Renewables (Duke Energy) reaching a settlement with the U.S…more

Bird Fatalities, DOJ, Fish and Wildlife Service, Migratory Bird Treaty Act, Wind Power

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Robert (Bob) P. Thibault

Bureau Of Safety And Environmental Enforcement Announces New Rule For Safety And Environmental Management Systems

In an effort to reduce the occurrence of accidents, injuries and spills during oil and gas activities on the Outer Continental Shelf (OCS), the Bureau of Safety and Environmental Enforcement (BSEE) of the U.S. Department of the…more

Bureau of Safety and Envirnonmental Enforcement, Environmental Management Systems, Oil & Gas

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Joanna Thies

EPA Issues Rule Approving New ASTM E1527-13 Standard For All Appropriate Inquiries

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) issued its final rule approving the use of ASTM International’s revised “Standard Practice for Environmental Site Assessments: Phase I Environmental Site…more

CERCLA, Environmental Assessments, EPA, Hazardous Substances, Land Developers

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John Thomas

PCAOB Proposes Significant Changes To Auditor’s Report And Responsibilities For Annual Reports Filed With The SEC

As a result of ongoing efforts to improve the informational value of the auditor’s reporting model, on August 13, 2013, the Public Company Accounting Oversight Board (PCAOB) proposed two new auditing standards for public comment…more

Annual Reports, Auditors, Audits, PCAOB, Reporting Requirements

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Christopher Tom

CEQA Year In Review 2013 - A Summary Of Published Appellate Opinions Under CEQA

INTRODUCTION AND OVERVIEW - The published court decisions in 2012 reflected a heightened recognition that CEQA does not require perfection, but rather a reasonable effort to provide environmental information that actually…more

CEQA, CEQA Reform, Environmental Impact Report, Land Developers, Urban Planning & Development

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Sharona Toobian

California Energy Commission Provides Guidance For New Nonresidential Building Energy Use Disclosure Program

The California Energy Commission (CEC) recently issued updated regulations for its new Nonresidential Building Energy Use Disclosure Program. The updated regulations provide practical guidance to building owners for complying…more

Commercial Property Owners, Disclosure Requirements, Energy Commissions, Energy Efficiency, ENERGY STAR Program

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David Townsend

Turmoil In Ukraine (Part II): U.S. Halts Export Licenses For Dual-Use And Defense Items To Russia; Congress Acts To Codify And Expand Russia Sanctions

U.S. government agencies announced this week that they have suspended issuing export licenses to companies sending or releasing sensitive goods, services and technology to Russia. This development will prevent companies from…more

Exports, Foreign Policy, Russia, Sanctions, Ukraine

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Caryn Lara Trombino

DOJ Fraud Official Offers An Insider’s View Of The FCPA Resource Guide

Charles Duross, deputy chief of the Department of Justice’s (DOJ) Criminal Division, Fraud Section, offered white collar crime practitioners rare insight into the DOJ’s and the Security and Exchange Commission’s (SEC) recently…more

Declination, DOJ, FCPA, FCPA Resource Guide, Morgan Stanley

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Margret Warrick Truax

Final “Play-Or-Pay” Regulations Provide Relief And Much Needed Clarification

The Affordable Care Act added the so-called “Play-or-Pay” mandate or “Employer Shared Responsibility” provisions to the Internal Revenue Code (the Code). Starting in 2015, certain employers, referred to as “applicable large…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, Healthcare Reform

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Michelle Umberger

Experts In Patent Cases: Getting The Most Out Of Your Star Witness

In This Issue: - Introduction - Selecting the Right Expert(s) ..The Testifying Expert ..Non-Testifying “Supporting” Experts - Fed. R. Civ. 26 Rules Governing Interactions Between Counsel and Experts …more

Claim Construction, Discovery, Expert Witness, Infringement, Motion To Strike

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Linda Walton

New HIPAA Omnibus Rule Implementing Provisions Of The HITECH Act: An Overview Of Changes

Final implementing regulations for many provisions of the HITECH Act (Health Insurance Technology for Economic and Clinical Health Act) were issued by the Department of Health and Human Services (HHS) recently, and appeared in…more

Business Associates, Compliance, Covered Entities, Data Breach, Enforcement

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Edgar Washburn

The EPA And The Corps Of Engineers Release Proposed Rule On The Scope Of Waters Covered Under The Clean Water Act

On March 25, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly released a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United…more

Clean Water Act, Environmental Policies, EPA, US Army Corps of Engineers

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Tyler Welti

District Court Remands Offshore Wind Project For Failure To Comply With Endangered Species Act

In a decision that has been nearly thirteen years in the making, on March 14, 2014, the U.S. District Court for the District of Columbia ruled that the U.S. Fish and Wildlife Service and U.S. National Marine Fisheries Service…more

Endangered Species Act, Offshore Wind, Wind Power

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Mel Wheaton

JOBS Act: SEC Adopts Rules To Permit General Solicitation And Advertising For Private Offerings

When enacted on April 5, 2012, Title II of the Jumpstart Our Business Startups Act of 2012 (JOBS Act) endeavored to lift the long-standing ban on general solicitation and advertising for private securities offerings under Rule…more

Accredited Investors, Advertising, General Solicitation, Investors, JOBS Act

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Sloane Wildman

EPA Issues Rule Approving New ASTM E1527-13 Standard For All Appropriate Inquiries

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) issued its final rule approving the use of ASTM International’s revised “Standard Practice for Environmental Site Assessments: Phase I Environmental Site…more

CERCLA, Environmental Assessments, EPA, Hazardous Substances, Land Developers

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Christine A. Williams

Some Employers Need To Start Affordable Care Act Measurement Periods In 2013

The employer shared responsibility provisions, sometimes referred to as pay-or-play, of the Affordable Care Act (ACA) will take effect on January 1, 2015, but in order to be ready to comply, some employers need to take action…more

Affordable Care Act, Compliance, Employer Mandates, Pay or Play

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Christine V. Williams

Implications Of Same-Sex Marriage Decisions By U.S. Supreme Court For Employer-Sponsored Health And Welfare Benefit Plans

Two controversial cases involving same-sex marriage were decided on June 26, 2013 by the United States Supreme Court…more

Cafeteria Plans, Civil Unions, COBRA, DOMA, Domestic Partnership

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Bobbie Wilson

California Supreme Court Decision Signals Victory For Online Retailers

The California Supreme Court recently issued a landmark ruling in Apple Inc. v. Superior Court (formerly Krescent v. Apple Inc. in trial court proceedings), a case with wide-reaching implications for consumer privacy in…more

Apple, Credit Cards, E-Commerce, Internet Retailers, Personally Identifiable Information

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Faith Wilson

JOBS Act: SEC Adopts Rules To Permit General Solicitation And Advertising For Private Offerings

When enacted on April 5, 2012, Title II of the Jumpstart Our Business Startups Act of 2012 (JOBS Act) endeavored to lift the long-standing ban on general solicitation and advertising for private securities offerings under Rule…more

Accredited Investors, Advertising, General Solicitation, Investors, JOBS Act

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Kristine Wilson

Seventh Circuit Ruling Supports Transmission Of Renewable Energy And Questions State Renewable Portfolio Standards That Discriminate Against Out-Of-State Renewables

Two important factors affecting the growth of renewable energy infrastructure in the United States are impacted by a recent federal court decision…more

Commerce Clause, Discrimination, Fees, Out-of-State Companies, Renewable Energy

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Aaron Wininger

China’s National People’s Congress Amends The Chinese Trademark Law

China’s National People’s Congress enacted the third amendment to the trademark law on August 30, 2013, and it will come into force on May 1, 2014. The amended trademark law appears to be a significant improvement on the past…more

China, New Legislation, Trademark Act, Trademark Office, Trademarks

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Kevin Ylvisaker

Annual Investment Update: Economic Review & Outlook - December 31, 2013

Welcome 2014! We want to thank you for continuing to support the investment strategies we have in place to protect your wealth. The total return in the S&P Index in 2013 of 32.4% now has the index up an astounding 173% since the…more

Economic Development, Federal Reserve, Rating Agencies, S&P

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Jacqueline Young

DOJ Issues Rare Unfavorable Business Review Letter Regarding Patent Licensing Pools

On March 26, 2013, the U.S. Department of Justice (DOJ) issued a rare negative business review letter declining to approve a plan by Intellectual Property Exchange International Inc. (IPXI) to offer a financial exchange for…more

DOJ, Licenses, Patent Pools, Patents

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Michael Young

Ninth Circuit Holds Dukes v. Wal-Mart Certification Requirements Apply To Small Class Actions And In The Wage And Hour Context

On Tuesday, on remand from the U.S. Supreme Court, the Ninth Circuit held that the certification requirements set forth by the U.S. Supreme Court for a multimillion plaintiff gender discrimination class action in Dukes v…more

Class Action, Class Certification, Dukes v Wal-Mart, Wage and Hour, Wang v Chinese Daily News

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