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On February 12, 2013, President Obama signed an Executive Order (the Order) intended to enhance the cybersecurity of the country's critical infrastructure. According to the Order, "[t]he cyber threat to critical infrastructure…more
Barack Obama, Critical Infrastructure Sectors, Cyber Threats, Cybersecurity, Data Breach
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On March 27, 2013, the U.S. Supreme Court issued its decision in Comcast Corp. v. Behrend, 569 U.S. ___, No. 11-864, 2013 WL 1222646 (Mar. 27, 2013). In a 5-4 decision, the Court reemphasized its recent precedent in Wal-Mart…more
Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages
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On January 22, 2013, the U.S. Supreme Court issued a unanimous decision in Sebelius v. Auburn Regional Medical Center, 568 U.S. _____ (2013), holding that hospitals cannot appeal Medicare inpatient reimbursement determinations…more
Administrative Appeals, Equitable Tolling, Kathleen Sebelius, Medicare, Physician Medicare Reimbursements
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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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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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See All Updates »
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A federal bankruptcy court judge has held that Washington Mutual, Inc. (WMI), a parent holding company that owned bank subsidiaries conducting business in Oregon, did not have nexus in Oregon by virtue of its ownership of the…more
Chapter 11, Commerce Clause, Due Process, Excise Tax, Nexus
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See All Updates »
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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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See All Updates »
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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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See All Updates »
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Public companies preparing for the upcoming 2013 proxy season will need to keep in mind a number of new developments related to executive compensation, including:
- New Securities and Exchange Commission rules that require…more
Compensation Committee, Executive Compensation, ISS, Listing Standards, Nasdaq
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See All Updates »
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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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See All Updates »
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In a ruling that will impact certain aspects of how companies handle their SMS/text message promotional programs, on November 29, 2012, the Federal Communications Commission (FCC) released a Declaratory Ruling regarding the…more
FCC, TCPA, Texting
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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The California Supreme Court has unanimously upheld a local ban on medical marijuana dispensaries, holding that the ban was not preempted by state statutes governing medical marijuana. The decision does not come as a surprise,…more
Dispensaries, Local Ordinance, Medical Marijuana, Municipalities, Preemption
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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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In This Issue:
- Economic Review & Outlook
- Bond Market Review
- Bond Market Outlook
- Stock Market Review
- Stock Market Outlook
- Overview Of Washington Supreme Court Decision
- Estate Tax Impact Of…more
Bonds, Fiscal Cliff, Investors, Stocks
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See All Updates »
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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 2014, certain employers may be subject to a penalty tax, or…more
Affordable Care Act, Federal Poverty Line, Full-Time Employees, Healthcare, HHS
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See All Updates »
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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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See All Updates »
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For the first time in the more than 50-year history of the statute, a federal appeals court has applied the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, to a civil False Claims Act (FCA) case. A World War…more
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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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See All Updates »
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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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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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See All Updates »
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To address a perceived gap in regulatory treatment of increasingly popular virtual currencies, including Bitcoin, the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) released new guidance on March…more
Bank Secrecy Act, Bitcoins, FinCEN, Money Services Business, Virtual Currency
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See All Updates »
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The California Legislature adopted Section 25402.10 of the California Public Resources Code in 2007. The Code requires each nonresidential building owner throughout the state to document and disclose a building’s energy use…more
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See All Updates »
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The Centers for Medicare & Medicaid Services (CMS) released a ruling and an interim rule that, effective immediately, will allow hospitals to rebill certain inpatient hospital services as outpatient services for one year after…more
American Hospital Association, Audits, Billing, CMS, Hospitals
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See All Updates »
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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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See All Updates »
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In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations Act…more
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Let us start our discussion with an area of broad consensus: A company’s board of directors has a duty of care to respond to and investigate allegations of wrongdoing by officers and/or employees of the company. But what happens…more
Board of Directors, Confidentiality, Independent Counsel, Internal Investigations, Investigations
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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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See All Updates »
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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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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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This is the latest opinion in the ongoing litigation arising out of a massive data breach suffered by Hannaford Bros. grocery stores. In re Hannaford Bros. Privacy Litigation, __F. Supp. 2d __, Case No. 2:08-MD-1954-DBH, 2013 WL…more
Class Action, Class Certification, Data Breach, Expert Testimony, Hannaford Brothers Company
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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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To address a perceived gap in regulatory treatment of increasingly popular virtual currencies, including Bitcoin, the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) released new guidance on March…more
Bank Secrecy Act, Bitcoins, FinCEN, Money Services Business, Virtual Currency
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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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On January 1, 2013, all employers with employees in California who are paid by commission will be required to have written contracts with those employees. This law is a significant departure from the previous law, which only…more
PAGA, Sales Commissions, Unfair Competition, Written Agreements
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See All Updates »
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The Centers for Medicare & Medicaid Services (CMS) released a ruling and an interim rule that, effective immediately, will allow hospitals to rebill certain inpatient hospital services as outpatient services for one year after…more
American Hospital Association, Audits, Billing, CMS, Hospitals
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See All Updates »
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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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See All Updates »
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The California Legislature adopted Section 25402.10 of the California Public Resources Code in 2007. The Code requires each nonresidential building owner throughout the state to document and disclose a building’s energy use…more
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See All Updates »
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According to the author’s April 23, 2013 press release, the amended version of Senate Bill 731 is a “comprehensive reform” of CEQA, “modernizing the law to aid California’s economic growth.” But a close review shows that the…more
Amended Legislation, CEQA, CEQA Reform, Notice Requirements, Public Transit
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See All Updates »
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In This Issue:
- Economic Review & Outlook
- Bond Market Review
- Bond Market Outlook
- Stock Market Review
- Stock Market Outlook
- Overview Of Washington Supreme Court Decision
- Estate Tax Impact Of…more
Bonds, Fiscal Cliff, Investors, Stocks
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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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In an opinion published on March 28, 2013, a California court of appeal answered three questions under the California Environmental Quality Act that the published decisions have not yet addressed..…more
CEQA, CEQA Reform, Environmental Impact Report, Greenhouse Gas Emissions
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See All Updates »
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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
Filing Fees, FTC, Hart-Scott-Rodino Act, Interlocking Directorate, Premerger Notifications
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See All Updates »
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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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See All Updates »
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The annual “SEC Speaks” conference, in which Securities and Exchange Commission (SEC) representatives review the agency’s efforts over the past year and preview the year to come, was held on February 22-23, 2013. A…more
CFTC, Citigroup, Crowdfunding, Dodd-Frank, Emerging Trading Technologies
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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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The annual “SEC Speaks” conference, in which Securities and Exchange Commission (SEC) representatives review the agency’s efforts over the past year and preview the year to come, was held on February 22-23, 2013. A…more
CFTC, Citigroup, Crowdfunding, Dodd-Frank, Emerging Trading Technologies
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See All Updates »
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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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See All Updates »
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A federal bankruptcy court judge has held that Washington Mutual, Inc. (WMI), a parent holding company that owned bank subsidiaries conducting business in Oregon, did not have nexus in Oregon by virtue of its ownership of the…more
Chapter 11, Commerce Clause, Due Process, Excise Tax, Nexus
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See All Updates »
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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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See All Updates »
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A recent $8.1 million verdict in a trademark and trade dress infringement action is an emphatic reminder that businesses of all sizes should protect their trade dress as well as their trademarks. Although smaller or startup…more
Infringement, Startups, Trade Dress, Trademarks
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See All Updates »
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The U.S. Supreme Court has reversed a 2010 Ninth Circuit Court of Appeals decision and reaffirmed that a federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) point source discharge permit is not…more
Clean Water Act, Discharge of Pollutants, EPA, Logging, NPDES
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See All Updates »
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This is the latest opinion in the ongoing litigation arising out of a massive data breach suffered by Hannaford Bros. grocery stores. In re Hannaford Bros. Privacy Litigation, __F. Supp. 2d __, Case No. 2:08-MD-1954-DBH, 2013 WL…more
Class Action, Class Certification, Data Breach, Expert Testimony, Hannaford Brothers Company
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See All Updates »
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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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See All Updates »
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The annual “SEC Speaks” conference, in which Securities and Exchange Commission (SEC) representatives review the agency’s efforts over the past year and preview the year to come, was held on February 22-23, 2013. A…more
CFTC, Citigroup, Crowdfunding, Dodd-Frank, Emerging Trading Technologies
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See All Updates »
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In a closely watched decision, a unanimous U.S. Supreme Court has reversed an 11th Circuit decision that invoked the state action doctrine to prevent the Federal Trade Commission (FTC) from challenging a state hospital…more
Competition, FTC, Governmental Immunity, SCOTUS, State Action Doctrine
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See All Updates »
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Public companies preparing for the upcoming 2013 proxy season will need to keep in mind a number of new developments related to executive compensation, including:
- New Securities and Exchange Commission rules that require…more
Compensation Committee, Executive Compensation, ISS, Listing Standards, Nasdaq
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See All Updates »
|
|
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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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The California Supreme Court has unanimously upheld a local ban on medical marijuana dispensaries, holding that the ban was not preempted by state statutes governing medical marijuana. The decision does not come as a surprise,…more
Dispensaries, Local Ordinance, Medical Marijuana, Municipalities, Preemption
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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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On January 4, 2013, the Food and Drug Administration (FDA) issued two long-awaited proposed rules implementing important aspects of the 2011 Food Safety Modernization Act (FSMA). These rules are intended to help prevent…more
FDA, Food Safety, FSMA, Manufacturers
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See All Updates »
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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
Filing Fees, FTC, Hart-Scott-Rodino Act, Interlocking Directorate, Premerger Notifications
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See All Updates »
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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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See All Updates »
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To address a perceived gap in regulatory treatment of increasingly popular virtual currencies, including Bitcoin, the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) released new guidance on March…more
Bank Secrecy Act, Bitcoins, FinCEN, Money Services Business, Virtual Currency
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See All Updates »
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In This Issue:
- Economic Review & Outlook
- Bond Market Review
- Bond Market Outlook
- Stock Market Review
- Stock Market Outlook
- Overview Of Washington Supreme Court Decision
- Estate Tax Impact Of…more
Bonds, Fiscal Cliff, Investors, Stocks
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See All Updates »
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The Centers for Medicare & Medicaid Services (CMS) released a ruling and an interim rule that, effective immediately, will allow hospitals to rebill certain inpatient hospital services as outpatient services for one year after…more
American Hospital Association, Audits, Billing, CMS, Hospitals
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See All Updates »
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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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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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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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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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On May 10, 2013, the U.S. Court of Appeals for the Federal Circuit released its much-awaited en banc decision in CLS Bank International v. Alice Corp. A majority of the court affirmed a district court's holding that Alice's…more
CLS Bank, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents
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According to the author’s April 23, 2013 press release, the amended version of Senate Bill 731 is a “comprehensive reform” of CEQA, “modernizing the law to aid California’s economic growth.” But a close review shows that the…more
Amended Legislation, CEQA, CEQA Reform, Notice Requirements, Public Transit
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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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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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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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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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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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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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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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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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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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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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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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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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Recently, we published a Client Update explaining how the Play-or-Pay mandate, or Employer Shared Responsibility provision, under the Affordable Care Act (ACA) generally works. To summarize, we described how an employer counts…more
Affordable Care Act, Full-Time Employees, Healthcare, Minimum Essential Coverage, Pay or Play
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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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In addressing an important legal issue of first impression, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the U.S. Environmental Protection Agency’s “veto” authority under Section 404(c) of the…more
Clean Water Act, Coal Mines, EPA, Permits, US Army Corps of Engineers
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On March 31, 2013, a magistrate judge with the U.S. District Court for the Northern District of California ruled that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) in issuing…more
Environmental Assessments, Fracking, Government Land, Leases, Minerals
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The Patient Protection and Affordable Care Act of 2010 (Affordable Care Act) institutes a new 3.8 percent Medicare surtax on net investment income effective January 1, 2013. In addition, absent congressional action to extend the…more
3.8% Medicare Tax, Affordable Care Act, Medicare
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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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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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In This Issue:
- Economic Review & Outlook
- Bond Market Review
- Bond Market Outlook
- Stock Market Review
- Stock Market Outlook
- Overview Of Washington Supreme Court Decision
- Estate Tax Impact Of…more
Bonds, Fiscal Cliff, Investors, Stocks
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On March 27, 2013, the U.S. Supreme Court issued its decision in Comcast Corp. v. Behrend, 569 U.S. ___, No. 11-864, 2013 WL 1222646 (Mar. 27, 2013). In a 5-4 decision, the Court reemphasized its recent precedent in Wal-Mart…more
Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages
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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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