Squire Patton Boggs

Internet Expands as New Top Level Domains Go Live; Trademark Clearinghouse Protections Triggered

The Internet continues to expand, as the rollout of new Generic Top Level Domains (“gTLDs”) by the Internet Corporation for Assigned Names and Numbers (“ICANN”) continues. Now is a good time to make sure that your brand…more

Domain Names, gTLD, ICANN, Internet, Trademark Clearinghouse

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Tax, Benefits and Nonprofit Organizations Client Alert: New Tax Regulations on Noncompensatory Partnership Options

Overview - The Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued final regulations (the Final Regulations), effective February 5, 2013, concerning the tax consequences of noncompensatory…more

Business Taxes, Capital Account Maintenance, Capital Gains, Capital Losses, Characterization Rule

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FFIEC Social Media Guidance Addresses "Reputational Risks" from Social Media

Financial Institutions Should Develop Policies and Practices to Address and Monitor Reputational and Operational Risks - On December 10, 2013, the Federal Financial Institutions Examination Council (FFIEC) issued its…more

Banks, CFPB, Credit Unions, Due Diligence, FDIC

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Capital Infusion: Private Equity Funds: Potential Liability for Portfolio Company Pension Obligations

In Sun Capital Partners III, LP v. New England Teamsters & Trucking Indus. Pension Fund, 2013 U.S. App. LEXIS 15190, No. 12-2312, ___ F.3d ___ (1st Cir. 2013), the United States Court of Appeals recently ruled on a matter of…more

ERISA, Pensions, Private Equity Funds

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U.S. Customs and Border Protection Revises I-94 Processes

Foreign nationals entering the United States through an air or sea port will most likely not be issued an I-94 Arrival-Departure Record, the small card normally stapled into the passports of foreign nationals. The U.S. Customs…more

Customs and Border Protection, Foreign Nationals, I-94 Cards, Passports

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Legal Q&A: Hotel Operations in the Arabian Gulf

How Does a Hotel Owner Identify an Appropriate Hotel Operator for Their Hotel? Careful attention to the process by which a hotel operator is identified for the management of a hotel can ultimately impact the owner’s…more

Hospitality Industry, Hotels

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Regulatory Relief for Regional and Community Banks

After the US elections in November 2014, Congress passed two amendments to provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) – the so-called “swaps push-out rule” and the “Collins…more

Amended Legislation, Collins Amendment, Community Banks, Congressional Investigations & Hearings, Credit Unions

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Capital Thinking: Technology and Communications

Senators Introduce Data Breach Legislation - Last Thursday, January 30, four Democratic senators introduced the Data Security and Breach Notification Act of 2014, which would require the Federal Trade Commission to issue…more

Breach Notification Rule, Data Breach, Data Protection, Legislative Agendas, Technology

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Taxes in Qatar

How favorable is the tax regime in Qatar? - The most favorable in the world, according to the 2009 Forbes Tax Misery and Reform Index, which ranked countries in terms of the harshness of their tax regimes. The index took…more

Corporate Tax Rates, Corporate Taxes, Qatar

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Corporate Governance and Disclosure Considerations for Financial Services Companies This Proxy Season and Beyond

Introduction - As the 2015 annual meeting season quickly approaches, recent and continuing corporate governance and securities disclosure developments should be top of mind as financial services companies complete their…more

Annual Meeting, Annual Reports, Ballot Measures, Board of Directors, Corporate Governance

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Debt Collection Subject to New Regulation Under CFPB

The Consumer Financial Protection Bureau (CFPB) is on a roll targeting debt collectors and your company could be the next target. On October 3rd, the CFPB filed an enforcement action asking for a $1.376 million civil penalty to…more

CFPB, Debt Collection, Debt Settlement Services, Dodd-Frank, Enforcement Actions

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Patent Assertion Entity Sues FTC, Agrees to Follow New York Attorney General Guidelines

A well-known “patent assertion entity” (PAE), MPHJ Technology Investment LLC, filed a declaratory judgment suit against the Federal Trade Commission (FTC) and its Commissioners for the agency’s alleged “threats to bring action…more

Abuse of Process, FTC, Patent Infringement, Patent Litigation, Patent Trolls

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

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Ukraine Simplifies the Procedure of Issuance And Extension of Work Permits For Foreigners

On 28 January 2015, the Cabinet of Ministers of Ukraine adopted the Resolution on Deregulation of Business Activity No. 42, effective as of 11 February 2015, which simplifies the procedure for issuance of work permits for…more

Foreign Nationals, Ukraine, Work Permits

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Capital Infusion: Dealmaker's Corner

In this issue’s installment of “Dealmaker’s Corner,” Kevin Boardman, a partner in our private equity group, discusses private equity in the oil field services industry with Bruce Ross and Jerad McMayon, managing partner and…more

Business Development, Investors, Oil & Gas, Private Equity

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Growing Issues In A Miniature World: Nanomaterials Registers In The European Union

Many scientists believe that the highest growth potential for improved applications lies in nanomaterials. This technology is not without controversy and the law is only now trying to catch up with the technological…more

EU, Nanomaterials, Nanomaterials Register

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Internet Expands as New Top Level Domains Go Live; Trademark Clearinghouse Protections Triggered

The Internet continues to expand, as the rollout of new Generic Top Level Domains (“gTLDs”) by the Internet Corporation for Assigned Names and Numbers (“ICANN”) continues. Now is a good time to make sure that your brand…more

Domain Names, gTLD, ICANN, Internet, Trademark Clearinghouse

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Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich…more

Arbitration, Attorney-Client Privilege, Ex-Parte Communications, Follow-the-Settlements Law, Late Notices

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Acquisition Working Group Report Identifies Cybersecurity Considerations for Government Contractors

President Obama’s February 12, 2013 Executive Order, Improving Critical Infrastructure Cybersecurity, required the Department of Defense (DoD) and the General Services Administration (GSA) to make recommendations on the…more

Cybersecurity, Cybersecurity Framework, Data Breach, Data Protection, DHS

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FTC Cracks Down On Trade Associations; Warns Against Rules That Restrict Competition

On December 23, 2014, the Federal Trade Commission (FTC) settled two cases against trade associations, which agreed to amend their organizational documents that the FTC claimed limited competition among the association members…more

Antitrust Provisions, Competition, FTC, Sherman Act, Strategic Enforcement Plan

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FTC Cracks Down On Trade Associations; Warns Against Rules That Restrict Competition

On December 23, 2014, the Federal Trade Commission (FTC) settled two cases against trade associations, which agreed to amend their organizational documents that the FTC claimed limited competition among the association members…more

Antitrust Provisions, Competition, FTC, Sherman Act, Strategic Enforcement Plan

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

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Beyond Tax Reform Jujitsu: Getting to ‘Yes’

Congress and the administration can still achieve the first major overhaul of our nation’s tax laws in nearly 30 years; such reform could occur with or without an agreement to enact fundamental entitlement spending…more

American Taxpayer Relief Act, Bipartisan Agreement, Bush-Era Tax Cuts, Business Taxes, Federal Budget

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US House Republicans Renew Focus on Consumer Financial Protection Bureau Oversight

During the third month of the 114th Congress, Republicans in the US House of Representatives are renewing efforts to overhaul the US Consumer Financial Protection Bureau (CFPB), the agency established by the 2010 Dodd-Frank Wall…more

CFPB, Consumer Financial Products, Dodd-Frank, Enforcement Authority, Financial Services Committee

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Investment Adviser Compliance: A Reminder “To Do” List For The New Year

As the new year begins, now is an opportune time for us to provide you with a few reminders that should keep your investment adviser compliance “to do” list on track for 2015. Regulatory Filings - • Form ADV: All…more

CFTC, Custody Rule, Form ADV, Investment Adviser, Reporting Requirements

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Capital Thinking: Financial Services

Congress Examines A Series of Regulatory Reports - Last week, the Senate Committee on Banking, Housing, and Urban Affairs held a hearing to explore the annual report and oversight of the Department of Treasury’s Office of…more

CFPB, Financial Regulatory Reform, Legislative Agendas, OFR

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Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich…more

Arbitration, Attorney-Client Privilege, Ex-Parte Communications, Follow-the-Settlements Law, Late Notices

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Supreme Court Finds Patent Owner Have Burden of Proving Infringement in a Declaratory Judgment Case

The Supreme Court has unanimously ruled that a patent owner always has the burden of proving infringement, even if the case is brought by a licensee asking for a declaration that the licensed patents were not invalid…more

Burden of Proof, Declaratory Judgments, Infringement, Medtronics, Patent Infringement

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Patent Assertion Entity Sues FTC, Agrees to Follow New York Attorney General Guidelines

A well-known “patent assertion entity” (PAE), MPHJ Technology Investment LLC, filed a declaratory judgment suit against the Federal Trade Commission (FTC) and its Commissioners for the agency’s alleged “threats to bring action…more

Abuse of Process, FTC, Patent Infringement, Patent Litigation, Patent Trolls

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False Claims Act Focus - November 2013

EDITOR’S NOTE - Recent months have provided interesting developments in the False Claims Act (“FCA”) case law, and the future promises even more. Defendants in many FCA cases that proceed to litigation file motions…more

DOJ, False Claims Act, Federal Rules of Civil Procedure, Fraud

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The Stock Act, Political Intelligence, and Traps for the Unwary

Last year, Congress wrote and President Obama signed into law the Stop Trading on Congressional Knowledge Act of 2012 (the STOCK Act). When the law was enacted, Members of Congress, their staffs, and Executive Branch officials…more

GAO, Government Officials, Insider Trading, Material Nonpublic Information, Political Intelligence

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Capital Infusion: Policy Spotlight: Changes in Tax Incentives/Preferences Impacting Oil & Gas Industry

In April of this year, the Obama Administration released the 2014 Fiscal Budget for the federal government which sets forth estimated expenditures of $3.78 trillion, estimated revenues of $3.03 trillion and a budget shortfall of…more

Oil & Gas, Tax Incentives

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Peer Lending to Shake-Up the SME Financing Environment

Peer-to-peer (P2P) lending has become big business in the UK and US, with approximately AU$2.9 billion and AU$10.5 billion respectively having been lent through online platforms in those markets. If those numbers and the recent…more

Australia, Financing, Lending, Peer-to-Peer, Popular

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Investment Adviser Compliance: A Reminder “To Do” List For The New Year

As the new year begins, now is an opportune time for us to provide you with a few reminders that should keep your investment adviser compliance “to do” list on track for 2015. Regulatory Filings - • Form ADV: All…more

CFTC, Custody Rule, Form ADV, Investment Adviser, Reporting Requirements

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Banks Take A Risk In Freezing A Debtor’s Account During Chapter 7 Proceeding

Introduction - What is a bank to do when an individual depositor files a chapter 7 bankruptcy petition? Do the turnover requirements of the US Bankruptcy Code allow the bank to put a freeze on the debtor’s account, at least…more

Asset Freeze, Automatic Stay, Banks, Chapter 7, Consumer Bankruptcy

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HHS Enjoined from Enforcing Self-Disallowance Regulation

On August 6th, the U.S. District Court for the District of Columbia enjoined HHS (along with the PRRB and CMS’s Medicare contractors) from applying HHS’s “self-disallowance” regulation to any appeals filed on the basis of an…more

CMS, Healthcare, HHS, Medical Reimbursement, Medicare

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Capital Infusion - May 2013: Dealmaker’s Corner

In this issue’s installment of “Dealmaker’s Corner,” Jon Finger, a partner in our private equity group, had the opportunity to visit with Kyle Bradford, Managing Director with American Capital, Ltd., concerning the…more

Competition, FDA, Outsourcing, Pharmaceutical, Research Funding

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Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich…more

Arbitration, Attorney-Client Privilege, Ex-Parte Communications, Follow-the-Settlements Law, Late Notices

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Ritchie v. Rupe

The Texas Supreme Court, on June 20, 2014, issued its highly anticipated opinion in Ritchie v. Rupe, 2014 Tex. LEXIS 500 (Tex. 2014). Ritchie involved a claim by a minority shareholder in a closely held corporation under the…more

Buy-Out Agreements, Closely Held Businesses, Minority Shareholders, Shareholder Litigation, Shareholders

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President’s FY 2016 Budget Proposal - Analysis Of Administration Funding And Policy Priorities

On February 2, 2015, President Obama submitted his FY 2016 Budget Proposal to Congress, echoing many elements outlined in his State of the Union address. The Budget proposal exceeds restrictive spending caps (“sequestration”)…more

Appropriations Bill, Barack Obama, Federal Budget, Tax Reform

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Capital Infusion: The Necessity for Expanding Due Diligence in Oil & Gas Exploration & Production Deals

The exploration and production, or “E&P” segment of the domestic energy business is booming, particularly the unconventional oil plays in South Texas, West Texas, Pennsylvania, North Dakota and the Rocky Mountain region…more

Due Diligence, Energy Exploration, Investors, Joint Operating Agreement, Mineral Leases

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Internet Expands as New Top Level Domains Go Live; Trademark Clearinghouse Protections Triggered

The Internet continues to expand, as the rollout of new Generic Top Level Domains (“gTLDs”) by the Internet Corporation for Assigned Names and Numbers (“ICANN”) continues. Now is a good time to make sure that your brand…more

Domain Names, gTLD, ICANN, Internet, Trademark Clearinghouse

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Legal Aspects Of Introducing Group-Wide Data Systems

Legally introducing central data processing systems within international corporate groups requires paying particular attention to the timing in Germany, due to co-determination rights under works constitution law as well as the…more

Cloud-Based Services, Data Processors, Data Protection, Germany, Multinationals

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

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President's FY 2016 Budget Proposal: A Detailed Look At The Defense Budget And The Threat Of Sequester

President Obama’s defense base budget request for FY 2016 is $534.3 billion, which is an increase of $38.2 billion over the FY 2015 enacted amount. The request also includes $50.9 billion for the Overseas Contingency Operations…more

Appropriations Bill, Barack Obama, Defense Sector, Federal Budget, Iraq

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As Of 1 March 2015 Rules of Temporary Allocation of Employees In Slovakia Are Changing Significantly

Act No. 14/2015 Coll. on changing the Act No. 311/2001 Coll. the Labor Code is a government-proposed amendment which has been passed by parliament regardless of the strong protests of employers and the President’s veto…more

Labor Code, Slovakia, Temporary Employees

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Pre-Emption Group Makes Important Changes To Pre-Emption Principles

On 12 March 2015 the Pre-emption Group published a revised version of its Statement of Principles for Disapplying Pre-emption Rights (“Pre-emption Principles”). This update is the first new version of the Pre-emption Principles…more

Corporate Financing, Preemption, UK

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Ritchie v. Rupe

The Texas Supreme Court, on June 20, 2014, issued its highly anticipated opinion in Ritchie v. Rupe, 2014 Tex. LEXIS 500 (Tex. 2014). Ritchie involved a claim by a minority shareholder in a closely held corporation under the…more

Buy-Out Agreements, Closely Held Businesses, Minority Shareholders, Shareholder Litigation, Shareholders

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Reinsurance Newsletter - September 2014

In This Issue: • Recent Case Summaries • Recent Speeches and Publications - Excerpt from Recent Case Summaries: Second Circuit Affirms Reinsurer’s Late Notice Defense Under Illinois Law AIU Ins. Co. v…more

Reinsurance

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Pre-Emption Group Makes Important Changes To Pre-Emption Principles

On 12 March 2015 the Pre-emption Group published a revised version of its Statement of Principles for Disapplying Pre-emption Rights (“Pre-emption Principles”). This update is the first new version of the Pre-emption Principles…more

Corporate Financing, Preemption, UK

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Russia Moves to Limit Foreign Ownership in the Media Sector

On 26 September, Russia’s lower house of Parliament (Duma) adopted by a vote of 430-2 a bill to limit the foreign ownership, control, or operation of Russian mass media editorials or broadcasters to 20 percent or less, thus…more

Eussia, Foreign Investment, Foreign Ownership, Media

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FTC to Hold Seminar on Mobile Device Tracking

Mobile apps and consumer privacy continue to be hot issues for the Federal Trade Commission (FTC). On February 19, 2014, the FTC staff will hold an open seminar on privacy and related issues raised by mobile tracking technology…more

FTC, Mobile Devices, Warrantless Tracking, Wireless Devices

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OSHA Seeks Comments on Process Safety Management Amendments, Other Standards

Oil and Gas Production and Servicing Industry May Be Impacted - First, OSHA requests comment on whether the agency should amend § 1910.119(a)(2)(ii), which currently exempts oil and gas-well drilling and servicing from…more

Compliance, Oil & Gas, OSHA, Safety Precautions, Workplace Hazards

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CFTC Advisory Committee Reviews Position Limits Proposal, Reopens Public Comments until March 28, 2015

On February 25, 2015, the Commodity Futures Trading Commission (CFTC or Commission) published a notice that it would reopen the comment period for its previously proposed rule to establish speculative position limits for 28…more

Agriculture, CFTC, Comment Period, Commodities, Commodity Futures Contracts

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Capital Infusion: Private Equity Funds: Potential Liability for Portfolio Company Pension Obligations

In Sun Capital Partners III, LP v. New England Teamsters & Trucking Indus. Pension Fund, 2013 U.S. App. LEXIS 15190, No. 12-2312, ___ F.3d ___ (1st Cir. 2013), the United States Court of Appeals recently ruled on a matter of…more

ERISA, Pensions, Private Equity Funds

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

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Capital Thinking: Health Care

SGR Policy Framework Deal - Last week, the Chairmen and Ranking Members of the three committees of jurisdiction over Medicare (Senate Finance Committee, House Ways and Means and Energy and Commerce Committees) announced…more

CMS, Legislative Agendas, Meaningful Use, Medicaid, Medicare

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Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich…more

Arbitration, Attorney-Client Privilege, Ex-Parte Communications, Follow-the-Settlements Law, Late Notices

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

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Growing Issues In A Miniature World: Nanomaterials Registers In The European Union

Many scientists believe that the highest growth potential for improved applications lies in nanomaterials. This technology is not without controversy and the law is only now trying to catch up with the technological…more

EU, Nanomaterials, Nanomaterials Register

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US Senate Finance Committee Unanimously Approves FIRPTA Reforms

On February 11, 2015, the Senate Finance Committee approved a bill that would make significant changes to the Foreign Investment Real Property Tax Act (FIRPTA), encouraging investment in US real estate in several ways, but…more

Capital Gains, FIRPTA, Foreign Investment, REIT

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Institutions Fund's Bond Guarantee Program Funded for 2013

On March 21, 2013, Congress authorized the Community Development Financial Institutions (“CDFI”) Fund to guarantee up to $500 million aggregate principal amount of bonds in fiscal year 2013, marking a new opportunity for…more

Bonds, CDFI Fund, Certifications, Community Development Entities, Insurers

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U.S. Securities and Exchange Commission Proposes New Rule on Pay Disclosure

On Wednesday, September 18, 2013, the U.S. Securities and Exchange Commission (SEC) proposed a new rule that would require public companies to disclose the ratio of the compensation of its principal executive officer (PEO)[1] to…more

CEOs, Disclosure Requirements, Dodd-Frank, Pay Ratio, SEC

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Capital Infusion - May 2013: Dealmaker’s Corner

In this issue’s installment of “Dealmaker’s Corner,” Jon Finger, a partner in our private equity group, had the opportunity to visit with Kyle Bradford, Managing Director with American Capital, Ltd., concerning the…more

Competition, FDA, Outsourcing, Pharmaceutical, Research Funding

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Capital Thinking: Transportation and Infrastructure

LEGISLATIVE ACTIVITY - WRDA Reauthorization - The House is likely to name conferees this week for H.R. 3080, the Water Resources Reform and Redevelopment Act of 2013 (WRRDA)…more

Infrastructure, Water Resources Development Act

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Ritchie v. Rupe

The Texas Supreme Court, on June 20, 2014, issued its highly anticipated opinion in Ritchie v. Rupe, 2014 Tex. LEXIS 500 (Tex. 2014). Ritchie involved a claim by a minority shareholder in a closely held corporation under the…more

Buy-Out Agreements, Closely Held Businesses, Minority Shareholders, Shareholder Litigation, Shareholders

See All Updates »

False Claims Act Focus - November 2013

EDITOR’S NOTE - Recent months have provided interesting developments in the False Claims Act (“FCA”) case law, and the future promises even more. Defendants in many FCA cases that proceed to litigation file motions…more

DOJ, False Claims Act, Federal Rules of Civil Procedure, Fraud

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

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Latest Antitrust Developments Point to Continued Robust Enforcement

We were reminded recently that two of the most widespread and lucrative antitrust investigations in the history of the Department of Justice Antitrust Division (the “Division”) remain very active and are likely to remain as such…more

Antitrust Litigation, Enforcement

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Cybersecurity Concerns Underpin Continued Push In The Regulatory And Legal Arenas

While Congress continues its aggressive push on cybersecurity legislation, regulatory oversight and legal efforts continue across the spectrum of industries effectively filling the gap in addressing now every day concerns over…more

Best Management Practices, Board of Directors, C-Suite Executives, Chief Compliance Officers, Cybersecurity

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Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich…more

Arbitration, Attorney-Client Privilege, Ex-Parte Communications, Follow-the-Settlements Law, Late Notices

See All Updates »

CFTC Advisory Committee Reviews Position Limits Proposal, Reopens Public Comments until March 28, 2015

On February 25, 2015, the Commodity Futures Trading Commission (CFTC or Commission) published a notice that it would reopen the comment period for its previously proposed rule to establish speculative position limits for 28…more

Agriculture, CFTC, Comment Period, Commodities, Commodity Futures Contracts

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UK Targets Corporate Profits Of Multinational Enterprises With Sweeping Tax Changes

On December 3, the UK Government announced its intention to introduce a new “diverted profits tax” (DPT) to take effect on April 1, 2015. Draft legislation was published on December 10 and is now subject to a public consultation…more

Corporate Taxes, Multinationals, Tax Reform, UK

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Pensions Fit – DC Governance and Charge Capping In Occupational Pensions

There are a growing number of people with Defined Contribution pensions, particularly following the introduction of automatic enrolment in 2012, which has led to a rapidly increasing focus on DC governance over the last few…more

Defined Contribution Plans, Governance Standards, Pensions, Trustees

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False Claims Act Focus - November 2013

EDITOR’S NOTE - Recent months have provided interesting developments in the False Claims Act (“FCA”) case law, and the future promises even more. Defendants in many FCA cases that proceed to litigation file motions…more

DOJ, False Claims Act, Federal Rules of Civil Procedure, Fraud

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NY Requires Public Disclosure of 501(C)(4) Political Expenses and Donors

The New York Attorney General recently adopted regulations that require certain nonprofit organizations that are required to register with the New York Office of the Attorney General to disclose their electioneering expenses and…more

Election Related Expenditures, Electioneering, Filing Deadlines, Non-Profits, Public Disclosure

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US House Republicans Renew Focus on Consumer Financial Protection Bureau Oversight

During the third month of the 114th Congress, Republicans in the US House of Representatives are renewing efforts to overhaul the US Consumer Financial Protection Bureau (CFPB), the agency established by the 2010 Dodd-Frank Wall…more

CFPB, Consumer Financial Products, Dodd-Frank, Enforcement Authority, Financial Services Committee

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Weekly Data Privacy Alert - February 2015

EU - Google’s Advisory Council Publishes Final Report on the Implementation of the Right to be Forgotten: The report sets out the criteria the search engine should take into account when considering a request from a…more

CMA, Data Collection, Data Protection, Data-Sharing, EU

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Capital Thinking: Technology and Communications

Senators Introduce Data Breach Legislation - Last Thursday, January 30, four Democratic senators introduced the Data Security and Breach Notification Act of 2014, which would require the Federal Trade Commission to issue…more

Breach Notification Rule, Data Breach, Data Protection, Legislative Agendas, Technology

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FFIEC Social Media Guidance Addresses "Reputational Risks" from Social Media

Financial Institutions Should Develop Policies and Practices to Address and Monitor Reputational and Operational Risks - On December 10, 2013, the Federal Financial Institutions Examination Council (FFIEC) issued its…more

Banks, CFPB, Credit Unions, Due Diligence, FDIC

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Capital Thinking: Health Care

LEGISLATIVE ACTIVITY - On Monday, July 28, the House Committee on Energy and Commerce, Subcommittee on Health will hold a markup to consider two bills: H.R. ____, a bill to require the Secretary of Health and Human…more

Affordable Care Act, Employer Mandates, FFDCA, Healthcare, Healthcare Reform

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Growing Issues In A Miniature World: Nanomaterials Registers In The European Union

Many scientists believe that the highest growth potential for improved applications lies in nanomaterials. This technology is not without controversy and the law is only now trying to catch up with the technological…more

EU, Nanomaterials, Nanomaterials Register

See All Updates »

OSHA Seeks Comments on Process Safety Management Amendments, Other Standards

Oil and Gas Production and Servicing Industry May Be Impacted - First, OSHA requests comment on whether the agency should amend § 1910.119(a)(2)(ii), which currently exempts oil and gas-well drilling and servicing from…more

Compliance, Oil & Gas, OSHA, Safety Precautions, Workplace Hazards

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U.S. Imposes Further Economic Sanctions Against Russia

On September 12, the United States implemented another round of economic sanctions against Russia in response to the continued crisis in eastern Ukraine. On September 11, U.S. President Barack Obama declared the U.S…more

Foreign Policy, Russia, Sanctions, Ukraine

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The U.S. Tax Code: Love It, Leave It, Or Reform It!

On July 22, 2014, the Senate Finance Committee held a hearing titled, “The U.S. Tax Code: Love It, Leave It, or Reform It!” The general topic of the hearing was international taxation, with a sharp focus on recent and possible…more

BEPS, Congressional Investigations & Hearings, Corporate Tax Rates, Corporate Taxes, International Tax Issues

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US House Republicans Renew Focus on Consumer Financial Protection Bureau Oversight

During the third month of the 114th Congress, Republicans in the US House of Representatives are renewing efforts to overhaul the US Consumer Financial Protection Bureau (CFPB), the agency established by the 2010 Dodd-Frank Wall…more

CFPB, Consumer Financial Products, Dodd-Frank, Enforcement Authority, Financial Services Committee

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich…more

Arbitration, Attorney-Client Privilege, Ex-Parte Communications, Follow-the-Settlements Law, Late Notices

See All Updates »

Banks Take A Risk In Freezing A Debtor’s Account During Chapter 7 Proceeding

Introduction - What is a bank to do when an individual depositor files a chapter 7 bankruptcy petition? Do the turnover requirements of the US Bankruptcy Code allow the bank to put a freeze on the debtor’s account, at least…more

Asset Freeze, Automatic Stay, Banks, Chapter 7, Consumer Bankruptcy

See All Updates »

FFIEC Social Media Guidance Addresses "Reputational Risks" from Social Media

Financial Institutions Should Develop Policies and Practices to Address and Monitor Reputational and Operational Risks - On December 10, 2013, the Federal Financial Institutions Examination Council (FFIEC) issued its…more

Banks, CFPB, Credit Unions, Due Diligence, FDIC

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OSHA Seeks Comments on Process Safety Management Amendments, Other Standards

Oil and Gas Production and Servicing Industry May Be Impacted - First, OSHA requests comment on whether the agency should amend § 1910.119(a)(2)(ii), which currently exempts oil and gas-well drilling and servicing from…more

Compliance, Oil & Gas, OSHA, Safety Precautions, Workplace Hazards

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Ritchie v. Rupe

The Texas Supreme Court, on June 20, 2014, issued its highly anticipated opinion in Ritchie v. Rupe, 2014 Tex. LEXIS 500 (Tex. 2014). Ritchie involved a claim by a minority shareholder in a closely held corporation under the…more

Buy-Out Agreements, Closely Held Businesses, Minority Shareholders, Shareholder Litigation, Shareholders

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Energy Efficiency on the Battlefield

In his recent testimony to the Senate Armed Services Committee, Chairman of the Joint Chiefs of Staff General Martin E. Dempsey stressed the imperatives of lives saved and operational agility as being at the fore of the U.S…more

DOD, Energy, Energy Efficiency

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Pre-Emption Group Makes Important Changes To Pre-Emption Principles

On 12 March 2015 the Pre-emption Group published a revised version of its Statement of Principles for Disapplying Pre-emption Rights (“Pre-emption Principles”). This update is the first new version of the Pre-emption Principles…more

Corporate Financing, Preemption, UK

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HEALTH AND SAFETY CLIENT ALERT: MSHA Issues a Final Rule to Revise the POV System

On Wednesday, the Mine Safety and Health Administration (MSHA) kicked off its regulatory agenda by lifting the veil on its final rule to revise the Pattern of Violations (POV) system under 30 C.F.R. Part 104. Unless overturned…more

Coal Mines, MSHA, POV System, Safety Laws, Safety Violations

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False Claims Act Focus - November 2013

EDITOR’S NOTE - Recent months have provided interesting developments in the False Claims Act (“FCA”) case law, and the future promises even more. Defendants in many FCA cases that proceed to litigation file motions…more

DOJ, False Claims Act, Federal Rules of Civil Procedure, Fraud

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Capital Infusion: Protecting Innovation in Fast-Paced Energy Markets: Expediting the Review and Issuance of U.S. Patent Applications

Technological innovation has been key to generating new opportunities in the energy industry and is largely responsible for the resurgence of fossil fuel production in the United States. Advancements in horizontal drilling,…more

Energy, Fracking, Innovation, Oil & Gas, Patent Applications

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Reinsurance Newsletter - September 2014

In This Issue: • Recent Case Summaries • Recent Speeches and Publications - Excerpt from Recent Case Summaries: Second Circuit Affirms Reinsurer’s Late Notice Defense Under Illinois Law AIU Ins. Co. v…more

Reinsurance

See All Updates »

FFIEC Social Media Guidance Addresses "Reputational Risks" from Social Media

Financial Institutions Should Develop Policies and Practices to Address and Monitor Reputational and Operational Risks - On December 10, 2013, the Federal Financial Institutions Examination Council (FFIEC) issued its…more

Banks, CFPB, Credit Unions, Due Diligence, FDIC

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HHS Enjoined from Enforcing Self-Disallowance Regulation

On August 6th, the U.S. District Court for the District of Columbia enjoined HHS (along with the PRRB and CMS’s Medicare contractors) from applying HHS’s “self-disallowance” regulation to any appeals filed on the basis of an…more

CMS, Healthcare, HHS, Medical Reimbursement, Medicare

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Pensions Fit – DC Governance and Charge Capping In Occupational Pensions

There are a growing number of people with Defined Contribution pensions, particularly following the introduction of automatic enrolment in 2012, which has led to a rapidly increasing focus on DC governance over the last few…more

Defined Contribution Plans, Governance Standards, Pensions, Trustees

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Kiobel: Major U.S. Jurisdictional Limitation For Overseas Actions

Much of the public has never heard of the Alien Tort Statute (“ATS,” 28 U.S.C. § 1350), but this law, dating back to the founding of the country, recently has had enormous implications for multinational corporations and foreign…more

Alien Tort Statute, Extraterritoriality Rules, Foreign Defendants, Jurisdiction, Kiobel v. Royal Dutch Petroleum Co.

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Capital Infusion - May 2013: Dealmaker’s Corner

In this issue’s installment of “Dealmaker’s Corner,” Jon Finger, a partner in our private equity group, had the opportunity to visit with Kyle Bradford, Managing Director with American Capital, Ltd., concerning the…more

Competition, FDA, Outsourcing, Pharmaceutical, Research Funding

See All Updates »

Pensions Fit – DC Governance and Charge Capping In Occupational Pensions

There are a growing number of people with Defined Contribution pensions, particularly following the introduction of automatic enrolment in 2012, which has led to a rapidly increasing focus on DC governance over the last few…more

Defined Contribution Plans, Governance Standards, Pensions, Trustees

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Capital Infusion - May 2013: A New Day for Patents

As of March 16, 2013, all the provisions of the Leahy-Smith American Invents Act (“AIA”) have become effective. The AIA creates a new patent system for the United States with important ramifications for all technology companies…more

First-to-File, First-to-Invent, Patents, Post-Grant Review, Prior Art

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Debt Collection Subject to New Regulation Under CFPB

The Consumer Financial Protection Bureau (CFPB) is on a roll targeting debt collectors and your company could be the next target. On October 3rd, the CFPB filed an enforcement action asking for a $1.376 million civil penalty to…more

CFPB, Debt Collection, Debt Settlement Services, Dodd-Frank, Enforcement Actions

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Volcker Rule Compliance in the Face of Regulatory Uncertainty: An Update on Covered Fund Structures

The “Volcker Rule,” adopted in December 2013, is designed to reduce risk and banking system instability by restricting U.S. banking entities from investing in or engaging in proprietary trading and speculation, while also…more

See All Updates »

Russia Moves to Limit Foreign Ownership in the Media Sector

On 26 September, Russia’s lower house of Parliament (Duma) adopted by a vote of 430-2 a bill to limit the foreign ownership, control, or operation of Russian mass media editorials or broadcasters to 20 percent or less, thus…more

Eussia, Foreign Investment, Foreign Ownership, Media

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To disclose or not to disclose? Litigation privilege on reports commissioned by insolvency practitioners

Key points: - If a document attracts litigation privilege, it does not have to be produced to the other party in litigation as part of the disclosure process. - The material must be confidential, made for the…more

Attorney-Client Privilege, Confidential Information, Discovery, Insolvency, Litigation Privilege

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Debt Collection Subject to New Regulation Under CFPB

The Consumer Financial Protection Bureau (CFPB) is on a roll targeting debt collectors and your company could be the next target. On October 3rd, the CFPB filed an enforcement action asking for a $1.376 million civil penalty to…more

CFPB, Debt Collection, Debt Settlement Services, Dodd-Frank, Enforcement Actions

See All Updates »

FDA Finalizes Guidance on "Mobile Medical Applications"

On September 25, 2013, the Food and Drug Administration (FDA) issued final guidance on Mobile Medical Applications – healthcare related software applications intended for use on mobile platforms such as smartphones and tablets…more

FDA, Healthcare, Mobile Apps, Mobile Devices, Telemedicine

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CFTC Advisory Committee Reviews Position Limits Proposal, Reopens Public Comments until March 28, 2015

On February 25, 2015, the Commodity Futures Trading Commission (CFTC or Commission) published a notice that it would reopen the comment period for its previously proposed rule to establish speculative position limits for 28…more

Agriculture, CFTC, Comment Period, Commodities, Commodity Futures Contracts

See All Updates »

Debt Collection Subject to New Regulation Under CFPB

The Consumer Financial Protection Bureau (CFPB) is on a roll targeting debt collectors and your company could be the next target. On October 3rd, the CFPB filed an enforcement action asking for a $1.376 million civil penalty to…more

CFPB, Debt Collection, Debt Settlement Services, Dodd-Frank, Enforcement Actions

See All Updates »

Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich…more

Arbitration, Attorney-Client Privilege, Ex-Parte Communications, Follow-the-Settlements Law, Late Notices

See All Updates »

President's FY 2016 Budget Proposal: A Detailed Look At The Defense Budget And The Threat Of Sequester

President Obama’s defense base budget request for FY 2016 is $534.3 billion, which is an increase of $38.2 billion over the FY 2015 enacted amount. The request also includes $50.9 billion for the Overseas Contingency Operations…more

Appropriations Bill, Barack Obama, Defense Sector, Federal Budget, Iraq

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7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

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Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich…more

Arbitration, Attorney-Client Privilege, Ex-Parte Communications, Follow-the-Settlements Law, Late Notices

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Capital Thinking: General Legislative

Senate Legislative Activity - The Senate will convene on Monday, July 28, at 2:00 pm. After any leader remarks, the Senate will proceed to Executive Session to resume consideration of Executive Calendar #929—Pamela Harris…more

Critical Infrastructure Sectors, Cybersecurity, Data Protection, Legislative Agendas

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US House Republicans Renew Focus on Consumer Financial Protection Bureau Oversight

During the third month of the 114th Congress, Republicans in the US House of Representatives are renewing efforts to overhaul the US Consumer Financial Protection Bureau (CFPB), the agency established by the 2010 Dodd-Frank Wall…more

CFPB, Consumer Financial Products, Dodd-Frank, Enforcement Authority, Financial Services Committee

See All Updates »

CFTC Advisory Committee Reviews Position Limits Proposal, Reopens Public Comments until March 28, 2015

On February 25, 2015, the Commodity Futures Trading Commission (CFTC or Commission) published a notice that it would reopen the comment period for its previously proposed rule to establish speculative position limits for 28…more

Agriculture, CFTC, Comment Period, Commodities, Commodity Futures Contracts

See All Updates »

False Claims Act Focus - November 2013

EDITOR’S NOTE - Recent months have provided interesting developments in the False Claims Act (“FCA”) case law, and the future promises even more. Defendants in many FCA cases that proceed to litigation file motions…more

DOJ, False Claims Act, Federal Rules of Civil Procedure, Fraud

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Internet Expands as New Top Level Domains Go Live; Trademark Clearinghouse Protections Triggered

The Internet continues to expand, as the rollout of new Generic Top Level Domains (“gTLDs”) by the Internet Corporation for Assigned Names and Numbers (“ICANN”) continues. Now is a good time to make sure that your brand…more

Domain Names, gTLD, ICANN, Internet, Trademark Clearinghouse

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Reinsurance Newsletter - September 2014

In This Issue: • Recent Case Summaries • Recent Speeches and Publications - Excerpt from Recent Case Summaries: Second Circuit Affirms Reinsurer’s Late Notice Defense Under Illinois Law AIU Ins. Co. v…more

Reinsurance

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Banks Take A Risk In Freezing A Debtor’s Account During Chapter 7 Proceeding

Introduction - What is a bank to do when an individual depositor files a chapter 7 bankruptcy petition? Do the turnover requirements of the US Bankruptcy Code allow the bank to put a freeze on the debtor’s account, at least…more

Asset Freeze, Automatic Stay, Banks, Chapter 7, Consumer Bankruptcy

See All Updates »

New HIPAA/HITECH Rules Bring Few Surprises, but Still Call for Sweeping Changes in Compliance Programs

More than two-and-a-half years after issuing proposed regulations under the Health Information Technology for Economical and Clinical Health (HITECH) Act, on January 17, 2013, HHS released a series of final changes to its…more

Business Associates, Compliance, Covered Entities, Enforcement, GINA

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FTC Cracks Down On Trade Associations; Warns Against Rules That Restrict Competition

On December 23, 2014, the Federal Trade Commission (FTC) settled two cases against trade associations, which agreed to amend their organizational documents that the FTC claimed limited competition among the association members…more

Antitrust Provisions, Competition, FTC, Sherman Act, Strategic Enforcement Plan

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Capital Infusion: The Necessity for Expanding Due Diligence in Oil & Gas Exploration & Production Deals

The exploration and production, or “E&P” segment of the domestic energy business is booming, particularly the unconventional oil plays in South Texas, West Texas, Pennsylvania, North Dakota and the Rocky Mountain region…more

Due Diligence, Energy Exploration, Investors, Joint Operating Agreement, Mineral Leases

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Beyond Tax Reform Jujitsu: Getting to ‘Yes’

Congress and the administration can still achieve the first major overhaul of our nation’s tax laws in nearly 30 years; such reform could occur with or without an agreement to enact fundamental entitlement spending…more

American Taxpayer Relief Act, Bipartisan Agreement, Bush-Era Tax Cuts, Business Taxes, Federal Budget

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

EU And US Impose Coordinated Sanctions Against Russia

Following an intense week of diplomatic negotiations, on July 29, the European Union and United States jointly announced a new round of economic sanctions targeting certain sectors of the Russian economy. The development comes…more

Asset Freeze, Banks, Capital Markets, EU, Executive Orders

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US House Republicans Renew Focus on Consumer Financial Protection Bureau Oversight

During the third month of the 114th Congress, Republicans in the US House of Representatives are renewing efforts to overhaul the US Consumer Financial Protection Bureau (CFPB), the agency established by the 2010 Dodd-Frank Wall…more

CFPB, Consumer Financial Products, Dodd-Frank, Enforcement Authority, Financial Services Committee

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U.S. Imposes Further Economic Sanctions Against Russia

On September 12, the United States implemented another round of economic sanctions against Russia in response to the continued crisis in eastern Ukraine. On September 11, U.S. President Barack Obama declared the U.S…more

Foreign Policy, Russia, Sanctions, Ukraine

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Reinsurance Newsletter - December 2014

In This Issue: - Recent Case Summaries - Recent Regulatory Developments - Recent Speeches and Publications - Excerpt from Recent Case Summaries: Seventh Circuit Holds FSIA Overrides State Statute…more

Arbitration, FSIA, Reinsurance, Third-Party Risk

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Cybersecurity Concerns Underpin Continued Push In The Regulatory And Legal Arenas

While Congress continues its aggressive push on cybersecurity legislation, regulatory oversight and legal efforts continue across the spectrum of industries effectively filling the gap in addressing now every day concerns over…more

Best Management Practices, Board of Directors, C-Suite Executives, Chief Compliance Officers, Cybersecurity

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Eastern District of Texas Adopts Model Order Limiting the Assertion of Patent Claims and Prior Art References

The Eastern District of Texas recently adopted a “Model Order Focusing Patent Claims and Prior Art to Reduce Costs.” The Model Order restricts the number of patent claims and prior art references that can be raised during…more

Infringement, Patent Infringement, Patent Litigation, Patents, Prior Art

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Practical Tips for Providers Managing Risks Related to Excluded Parties and the Implications of the OIG's Recent Special Advisory Bulletin

On Wednesday, May 8, 2013, the Health and Human Services Office of Inspector General (OIG) released a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs (FHCPs). This Bulletin…more

Civil Monetary Penalty, Exclusions, Healthcare, Indemnification Clauses, OIG

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Non resident CGT Charge

New tax charge - A new regime which will charge non-UK tax resident owners of UK residential property to capital gains tax (CGT) is due to come into force on 6 April 2015. The draft legislation was published as part of…more

Capital Gains, Non-Resident Aliens, Property Tax, Residential Property Owners, UK

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United States Supreme Court Issues Voting Rights Act Decision

The United States Supreme Court issued its opinion in Shelby County, Ala. v. Holder, holding that a key provision of the Voting Rights Act (“VRA”) is unconstitutional. Listed below are the key paragraphs explaining the Court’s…more

Racial Discrimination, SCOTUS, Voting Rights Act

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UK Targets Corporate Profits Of Multinational Enterprises With Sweeping Tax Changes

On December 3, the UK Government announced its intention to introduce a new “diverted profits tax” (DPT) to take effect on April 1, 2015. Draft legislation was published on December 10 and is now subject to a public consultation…more

Corporate Taxes, Multinationals, Tax Reform, UK

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Capital Infusion: Practical Environmental Considerations in Acquiring or Securing Financing with Real Estate

This article focuses on environmental due diligence issues in the context of acquiring commercial/industrial real estate or using real property to secure financing. The analysis and risk factors for the acquisition of real…more

CERCLA, Contaminated Properties, Due Diligence, Environmental Assessments, EPA

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Pensions Fit – DC Governance and Charge Capping In Occupational Pensions

There are a growing number of people with Defined Contribution pensions, particularly following the introduction of automatic enrolment in 2012, which has led to a rapidly increasing focus on DC governance over the last few…more

Defined Contribution Plans, Governance Standards, Pensions, Trustees

See All Updates »

Capital Infusion - May 2013: Dealmaker’s Corner

In this issue’s installment of “Dealmaker’s Corner,” Jon Finger, a partner in our private equity group, had the opportunity to visit with Kyle Bradford, Managing Director with American Capital, Ltd., concerning the…more

Competition, FDA, Outsourcing, Pharmaceutical, Research Funding

See All Updates »

FTC Launches “Operation Full Disclosure” in Advertising Review

On September 23, 2014, the US Federal Trade Commission (FTC) announced its launch of “Operation Full Disclosure” – an effort to improve the effectiveness of disclosures in advertising. According to the FTC’s press release, the…more

Advertising, Disclosure Requirements, False Advertising, FTC

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President’s FY 2016 Budget Proposal - Analysis Of Administration Funding And Policy Priorities

On February 2, 2015, President Obama submitted his FY 2016 Budget Proposal to Congress, echoing many elements outlined in his State of the Union address. The Budget proposal exceeds restrictive spending caps (“sequestration”)…more

Appropriations Bill, Barack Obama, Federal Budget, Tax Reform

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Fixing the Debt: Update on U.S. Fiscal Cliff Crisis (9th Edition) - January 1, 2013

THE LEGISLATION - Following a day of tumultuous House Republican caucus deliberations, at 11:00 pm, the House passed The American Tax Relief Act of 2012, a cliffhanger deal negotiated by Vice President Biden and Senate…more

Alternative Minimum Tax, American Taxpayer Relief Act, Budget Control Act of 2011, Capital Gains, Dividends

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Ohio Supreme Court Rules That Municipalities Cannot Block Drilling Activities Permitted By the State

On February 17, 2015, the Ohio Supreme Court ruled that the city of Munroe Falls could not shut down a company’s drilling operations for failing to comply with local ordinances. In so ruling, the Court held that the state has…more

Local Ordinance, Oil & Gas

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Employment Law Insight - June 2013

Welcome to the inaugural edition of the Employment Law Insight, a service of the Employment Law practice group at Patton Boggs LLP... ...Why “Employment Law Insight”? Employers have available to them, and indeed are…more

ADA, ADAAA, Customs and Border Protection, Deferred Compensation, Disability Discrimination

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Capital Infusion: Private Equity Update - May 2013

In This Issue: - DIGGING DEEPER: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals 1 - Policy Spotlight: Affordable Care Act 6 - Case Spotlight: Best Practices in Down-Round Financings &…more

Affordable Care Act, Anti-Kickback Statute, CMS, Due Diligence, First-to-File

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US Senate Finance Committee Unanimously Approves FIRPTA Reforms

On February 11, 2015, the Senate Finance Committee approved a bill that would make significant changes to the Foreign Investment Real Property Tax Act (FIRPTA), encouraging investment in US real estate in several ways, but…more

Capital Gains, FIRPTA, Foreign Investment, REIT

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UK Budget 2015 - Private Equity

As widely expected today’s Budget did not involve any great surprises. It was full of statistics spanning the duration of this Parliament, electioneering and a recap of items previously announced in the Autumn Statement. There…more

Private Equity, UK

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Capital Infusion: A Recommendation for Clarifying LLC Fiduciary Duties

Delaware has gained some notoriety of late with the uncertainty surrounding fiduciary duties in governance of limited liability companies (LLCs). LLCs are born from statutory law, and governed by the Delaware Limited Liability…more

Contract Drafting, Covenant of Good Faith and Fair Dealing, Fiduciary Duty, Hedge Funds, LLC

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Rejecting Market-Based Cramdown Interest Rates, and Making Words Count for Make-Whole Payments

Since the recent period of low interest rates, many borrowers have attempted to use bankruptcy to refinance their high-interest debt. These attempts sometimes run counter to provisions in the underlying loan documents that…more

Chapter 11, Commercial Bankruptcy, Cramdown, Debt, Debt Restructuring

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U.S. Customs and Border Protection Revises I-94 Processes

Foreign nationals entering the United States through an air or sea port will most likely not be issued an I-94 Arrival-Departure Record, the small card normally stapled into the passports of foreign nationals. The U.S. Customs…more

Customs and Border Protection, Foreign Nationals, I-94 Cards, Passports

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Social Impact Bonds

What is a Social Impact Bond? With increasing demand on limited public resources, national and local governments are recognizing the need for a new approach to social services that emphasizes the identification of…more

Bonds

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False Claims Act Focus - July 2013

EDITOR’S NOTE - The second quarter of 2013 has, not surprisingly, seen a continuation of significant enforcement action under the False Claims Act (“FCA”) across various industries, including the financial services…more

Compliance, DOJ, Employer Liability Issues, Employer Mandates, Enforcement Actions

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Application For Recognition As A 501(C)(29) Organization

The Internal Revenue Service (IRS) and Department of the Treasury (Treasury) published in the January 29, 2015 Federal Register final income tax regulations (Regulations) describing procedures by which a qualified nonprofit…more

501(c)(29), Affordable Care Act, Health Insurance, Insurance Industry, Insurers

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Federal Insurance Office Releases Long-Awaited Report

On December 12, 2013, the Federal Insurance Office (FIO) released its report on “How to Modernize and Improve the System of Insurance Regulation in the United States” (FIO Report). The FIO Report was mandated by the Dodd-Frank…more

Federal Insurance Office, Insurance Regulations, NAIC

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FTC Cracks Down On Trade Associations; Warns Against Rules That Restrict Competition

On December 23, 2014, the Federal Trade Commission (FTC) settled two cases against trade associations, which agreed to amend their organizational documents that the FTC claimed limited competition among the association members…more

Antitrust Provisions, Competition, FTC, Sherman Act, Strategic Enforcement Plan

See All Updates »

FDA Finalizes Guidance on "Mobile Medical Applications"

On September 25, 2013, the Food and Drug Administration (FDA) issued final guidance on Mobile Medical Applications – healthcare related software applications intended for use on mobile platforms such as smartphones and tablets…more

FDA, Healthcare, Mobile Apps, Mobile Devices, Telemedicine

See All Updates »

US House Republicans Renew Focus on Consumer Financial Protection Bureau Oversight

During the third month of the 114th Congress, Republicans in the US House of Representatives are renewing efforts to overhaul the US Consumer Financial Protection Bureau (CFPB), the agency established by the 2010 Dodd-Frank Wall…more

CFPB, Consumer Financial Products, Dodd-Frank, Enforcement Authority, Financial Services Committee

See All Updates »

Reinsurance Newsletter - December 2014

In This Issue: - Recent Case Summaries - Recent Regulatory Developments - Recent Speeches and Publications - Excerpt from Recent Case Summaries: Seventh Circuit Holds FSIA Overrides State Statute…more

Arbitration, FSIA, Reinsurance, Third-Party Risk

See All Updates »

Patent Assertion Entity Sues FTC, Agrees to Follow New York Attorney General Guidelines

A well-known “patent assertion entity” (PAE), MPHJ Technology Investment LLC, filed a declaratory judgment suit against the Federal Trade Commission (FTC) and its Commissioners for the agency’s alleged “threats to bring action…more

Abuse of Process, FTC, Patent Infringement, Patent Litigation, Patent Trolls

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2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Corporate Governance and Disclosure Considerations for Financial Services Companies This Proxy Season and Beyond

Introduction - As the 2015 annual meeting season quickly approaches, recent and continuing corporate governance and securities disclosure developments should be top of mind as financial services companies complete their…more

Annual Meeting, Annual Reports, Ballot Measures, Board of Directors, Corporate Governance

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The Supreme Court Keeps Its “Stern” Promise Not To Change Bankruptcy Court Jurisdiction

The bankruptcy bench and bar breathed a sigh of relief when the Supreme Court issued Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.), No. 12-1200 (June 9, 2014) (“Bellingham”). Its prior…more

Commercial Bankruptcy, Executive Benefits Insurance Agency v. Arkison, Fraudulent Conveyance, Jurisdiction, SCOTUS

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Corporate Governance and Disclosure Considerations for Financial Services Companies This Proxy Season and Beyond

Introduction - As the 2015 annual meeting season quickly approaches, recent and continuing corporate governance and securities disclosure developments should be top of mind as financial services companies complete their…more

Annual Meeting, Annual Reports, Ballot Measures, Board of Directors, Corporate Governance

See All Updates »

Russia Moves to Limit Foreign Ownership in the Media Sector

On 26 September, Russia’s lower house of Parliament (Duma) adopted by a vote of 430-2 a bill to limit the foreign ownership, control, or operation of Russian mass media editorials or broadcasters to 20 percent or less, thus…more

Eussia, Foreign Investment, Foreign Ownership, Media

See All Updates »

Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich…more

Arbitration, Attorney-Client Privilege, Ex-Parte Communications, Follow-the-Settlements Law, Late Notices

See All Updates »

Capital Infusion: Protecting Innovation in Fast-Paced Energy Markets: Expediting the Review and Issuance of U.S. Patent Applications

Technological innovation has been key to generating new opportunities in the energy industry and is largely responsible for the resurgence of fossil fuel production in the United States. Advancements in horizontal drilling,…more

Energy, Fracking, Innovation, Oil & Gas, Patent Applications

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

US Supreme Court Refuses to Overturn Fraud-on-the-Market Presumption

The United States Supreme Court, on the morning of Monday, June 23, 2014, issued its highly-anticipated decision in Halliburton Co. v. Erica P. John Fund, No. 13-317. Contrary to the hopes of many business interests, the Court…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

See All Updates »

Peer Lending to Shake-Up the SME Financing Environment

Peer-to-peer (P2P) lending has become big business in the UK and US, with approximately AU$2.9 billion and AU$10.5 billion respectively having been lent through online platforms in those markets. If those numbers and the recent…more

Australia, Financing, Lending, Peer-to-Peer, Popular

See All Updates »

To disclose or not to disclose? Litigation privilege on reports commissioned by insolvency practitioners

Key points: - If a document attracts litigation privilege, it does not have to be produced to the other party in litigation as part of the disclosure process. - The material must be confidential, made for the…more

Attorney-Client Privilege, Confidential Information, Discovery, Insolvency, Litigation Privilege

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

FAA Selects Unmanned Aircraft Systems Test Sites; Regulatory Questions Remain

FAA Action - On December 30, the Federal Aviation Administration (FAA) announced that it has selected six public entities to serve as research and testing sites for unmanned aircraft systems (UAS). In selecting the sites…more

Aircraft, Airspace, Aviation Industry, FAA, Scientific Research

See All Updates »

U.S. Health and Safety Law: Inspections and Investigations During the Shutdown

Last night, Congress failed to reach an agreement to continue funding government operations beyond the end of Fiscal Year 2013. The federal government is, consequently, in the process of shutting-down a significant portion of…more

ALJ, DOL, FMSHRC, Government Shutdown, MSHA

See All Updates »

Kiobel: Major U.S. Jurisdictional Limitation For Overseas Actions

Much of the public has never heard of the Alien Tort Statute (“ATS,” 28 U.S.C. § 1350), but this law, dating back to the founding of the country, recently has had enormous implications for multinational corporations and foreign…more

Alien Tort Statute, Extraterritoriality Rules, Foreign Defendants, Jurisdiction, Kiobel v. Royal Dutch Petroleum Co.

See All Updates »

Verizon v. FCC: What Happened, Why It’s Important, and What Comes Next

In Verizon v. FCC, a three-judge panel of the U.S. Court of Appeals for the District of Columbia overturned the Federal Communications Commission’s (“Commission” or “FCC”) anti-discrimination and anti-blocking provisions of the…more

Broadband, Cable Television Providers, Comcast, Common Carriers, Communications Act of 1934

See All Updates »

U.S. Health and Safety Law: Inspections and Investigations During the Shutdown

Last night, Congress failed to reach an agreement to continue funding government operations beyond the end of Fiscal Year 2013. The federal government is, consequently, in the process of shutting-down a significant portion of…more

ALJ, DOL, FMSHRC, Government Shutdown, MSHA

See All Updates »

US House Republicans Renew Focus on Consumer Financial Protection Bureau Oversight

During the third month of the 114th Congress, Republicans in the US House of Representatives are renewing efforts to overhaul the US Consumer Financial Protection Bureau (CFPB), the agency established by the 2010 Dodd-Frank Wall…more

CFPB, Consumer Financial Products, Dodd-Frank, Enforcement Authority, Financial Services Committee

See All Updates »

Cybersecurity Concerns Underpin Continued Push In The Regulatory And Legal Arenas

While Congress continues its aggressive push on cybersecurity legislation, regulatory oversight and legal efforts continue across the spectrum of industries effectively filling the gap in addressing now every day concerns over…more

Best Management Practices, Board of Directors, C-Suite Executives, Chief Compliance Officers, Cybersecurity

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Ways and Means Expected to Release Tax Reform Proposal

Earlier this month, House Ways and Means Committee Republicans began a series of focused meetings to advance the release of a tax reform bill for consideration by the committee this fall. While Committee Chairman Dave Camp…more

Corporate Taxes, Income Taxes, Proposed Legislation, Tax Reform, Ways and Means Committee

See All Updates »

US Senate Finance Committee Unanimously Approves FIRPTA Reforms

On February 11, 2015, the Senate Finance Committee approved a bill that would make significant changes to the Foreign Investment Real Property Tax Act (FIRPTA), encouraging investment in US real estate in several ways, but…more

Capital Gains, FIRPTA, Foreign Investment, REIT

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Two Recent District Court Decisions Give New Ammunition To Noteholders Opposing Nonconsensual Out-Of-Court Restructurings

Two recent decisions from the influential District Court for the Southern District of New York may have strengthened the hands of unsecured noteholders in efforts to oppose nonconsensual out-of-court restructurings. Whether…more

See All Updates »

Transatlantic Trade and Investment Partnership: Status and Financial Services Issues

On June 17, 2013, President Obama, European Council President Van Rompuy and European Commission President Barroso agreed to open negotiations on a Transatlantic Trade and Investment Partnership (TTIP) agreement. Since then, EU…more

Barack Obama, Contract Negotiations, European Commission, Negotiations, TTIP

See All Updates »

Reinsurance Newsletter - December 2014

In This Issue: - Recent Case Summaries - Recent Regulatory Developments - Recent Speeches and Publications - Excerpt from Recent Case Summaries: Seventh Circuit Holds FSIA Overrides State Statute…more

Arbitration, FSIA, Reinsurance, Third-Party Risk

See All Updates »

Information and Analysis on Legal Aspects of Procurement

FEATURE COMMENT: The Impact Of The National Defense Authorization Act For Fiscal Year 2014 On Federal Procurement - In 2013, two National Defense Authorization Acts were enacted. First, on January 2, President Obama…more

NDAA, Procurement Guidelines

See All Updates »

Reinsurance Newsletter - December 2014

In This Issue: - Recent Case Summaries - Recent Regulatory Developments - Recent Speeches and Publications - Excerpt from Recent Case Summaries: Seventh Circuit Holds FSIA Overrides State Statute…more

Arbitration, FSIA, Reinsurance, Third-Party Risk

See All Updates »

Reinsurance Newsletter - December 2014

In This Issue: - Recent Case Summaries - Recent Regulatory Developments - Recent Speeches and Publications - Excerpt from Recent Case Summaries: Seventh Circuit Holds FSIA Overrides State Statute…more

Arbitration, FSIA, Reinsurance, Third-Party Risk

See All Updates »

US Senate Finance Committee Unanimously Approves FIRPTA Reforms

On February 11, 2015, the Senate Finance Committee approved a bill that would make significant changes to the Foreign Investment Real Property Tax Act (FIRPTA), encouraging investment in US real estate in several ways, but…more

Capital Gains, FIRPTA, Foreign Investment, REIT

See All Updates »

Peer Lending to Shake-Up the SME Financing Environment

Peer-to-peer (P2P) lending has become big business in the UK and US, with approximately AU$2.9 billion and AU$10.5 billion respectively having been lent through online platforms in those markets. If those numbers and the recent…more

Australia, Financing, Lending, Peer-to-Peer, Popular

See All Updates »

Reinsurance Newsletter - September 2014

In This Issue: • Recent Case Summaries • Recent Speeches and Publications - Excerpt from Recent Case Summaries: Second Circuit Affirms Reinsurer’s Late Notice Defense Under Illinois Law AIU Ins. Co. v…more

Reinsurance

See All Updates »

Capital Infusion: Private Equity Update - May 2013

In This Issue: - DIGGING DEEPER: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals 1 - Policy Spotlight: Affordable Care Act 6 - Case Spotlight: Best Practices in Down-Round Financings &…more

Affordable Care Act, Anti-Kickback Statute, CMS, Due Diligence, First-to-File

See All Updates »

DOD Final Rule on Contractors' Responsibilities for Safeguarding Unclassified Technical Data

On November 18, 2013, the Department of Defense (DOD) issued a final cyber security rule imposing requirements on contractors handling unclassified controlled technical information. While the new rule, which is effective…more

Contractors, Cybersecurity, Cybersecurity Framework, Data Protection, DFARS

See All Updates »

Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich…more

Arbitration, Attorney-Client Privilege, Ex-Parte Communications, Follow-the-Settlements Law, Late Notices

See All Updates »

CFTC Advisory Committee Reviews Position Limits Proposal, Reopens Public Comments until March 28, 2015

On February 25, 2015, the Commodity Futures Trading Commission (CFTC or Commission) published a notice that it would reopen the comment period for its previously proposed rule to establish speculative position limits for 28…more

Agriculture, CFTC, Comment Period, Commodities, Commodity Futures Contracts

See All Updates »

UK Targets Corporate Profits Of Multinational Enterprises With Sweeping Tax Changes

On December 3, the UK Government announced its intention to introduce a new “diverted profits tax” (DPT) to take effect on April 1, 2015. Draft legislation was published on December 10 and is now subject to a public consultation…more

Corporate Taxes, Multinationals, Tax Reform, UK

See All Updates »

U.S. Imposes Further Economic Sanctions Against Russia

On September 12, the United States implemented another round of economic sanctions against Russia in response to the continued crisis in eastern Ukraine. On September 11, U.S. President Barack Obama declared the U.S…more

Foreign Policy, Russia, Sanctions, Ukraine

See All Updates »

Capital Thinking: Education

Senate HELP Committee Legislative Priorities - Last week, Senate Health, Education, Labor and Pensions (HELP) Committee Chairman Tom Harkin (D-IA) outlined the Committee’s legislative agenda for the coming year, which…more

Department of Education, Higher Education Act, Minimum Wage, Workforce Investment Act

See All Updates »

Two Recent District Court Decisions Give New Ammunition To Noteholders Opposing Nonconsensual Out-Of-Court Restructurings

Two recent decisions from the influential District Court for the Southern District of New York may have strengthened the hands of unsecured noteholders in efforts to oppose nonconsensual out-of-court restructurings. Whether…more

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

FTC Cracks Down On Trade Associations; Warns Against Rules That Restrict Competition

On December 23, 2014, the Federal Trade Commission (FTC) settled two cases against trade associations, which agreed to amend their organizational documents that the FTC claimed limited competition among the association members…more

Antitrust Provisions, Competition, FTC, Sherman Act, Strategic Enforcement Plan

See All Updates »

NY Requires Public Disclosure of 501(C)(4) Political Expenses and Donors

The New York Attorney General recently adopted regulations that require certain nonprofit organizations that are required to register with the New York Office of the Attorney General to disclose their electioneering expenses and…more

Election Related Expenditures, Electioneering, Filing Deadlines, Non-Profits, Public Disclosure

See All Updates »

Help! I’ve been bullied – but have I been bullied “at work”?

It is no secret that workplace bullying is rife – the cost to Australian business is reported to run into the billions every year. However, there is now a glimmer of hope that the price tag might stay in check, with the…more

Australia, Bullying, Employer Liability Issues, Workplace Bullying

See All Updates »

Corporate Governance and Disclosure Considerations for Financial Services Companies This Proxy Season and Beyond

Introduction - As the 2015 annual meeting season quickly approaches, recent and continuing corporate governance and securities disclosure developments should be top of mind as financial services companies complete their…more

Annual Meeting, Annual Reports, Ballot Measures, Board of Directors, Corporate Governance

See All Updates »

Ukraine Simplifies the Procedure of Issuance And Extension of Work Permits For Foreigners

On 28 January 2015, the Cabinet of Ministers of Ukraine adopted the Resolution on Deregulation of Business Activity No. 42, effective as of 11 February 2015, which simplifies the procedure for issuance of work permits for…more

Foreign Nationals, Ukraine, Work Permits

See All Updates »

Request for Comments on Risk-Based Regulatory Framework for Health IT

An interagency working group – composed of the Food and Drug Administration (FDA), Office of the National Coordinator for Health Information Technology (ONC), and the Federal Communications Commission (FCC) – is seeking public…more

FCC, FDA, FDASIA, Health Information Technologies, Innovation

See All Updates »

UK Targets Corporate Profits Of Multinational Enterprises With Sweeping Tax Changes

On December 3, the UK Government announced its intention to introduce a new “diverted profits tax” (DPT) to take effect on April 1, 2015. Draft legislation was published on December 10 and is now subject to a public consultation…more

Corporate Taxes, Multinationals, Tax Reform, UK

See All Updates »

Social Impact Bonds

What is a Social Impact Bond? With increasing demand on limited public resources, national and local governments are recognizing the need for a new approach to social services that emphasizes the identification of…more

Bonds

See All Updates »

U.S. Imposes Further Economic Sanctions Against Russia

On September 12, the United States implemented another round of economic sanctions against Russia in response to the continued crisis in eastern Ukraine. On September 11, U.S. President Barack Obama declared the U.S…more

Foreign Policy, Russia, Sanctions, Ukraine

See All Updates »

An Update on the Medicare Shared Savings Program

Accountable care organizations (“ACOs”) have been marketed as perhaps the biggest development in Medicare reimbursement since the transition from cost reimbursement to prospective payment. The Centers for Medicare & Medicaid…more

ACOs, CMS, Healthcare, Medicare, Medicare Shared Savings Program

See All Updates »

UCC Lien Termination Error May Result In Huge Loss For Lender

The legal principles governing corporate finance are often complex. Sometimes, however, the simplest of errors can be the most costly. Such was the case with a large syndicated secured loan made to General Motors. Due to a…more

Appeals, Commercial Bankruptcy, General Motors, Perfected Security Interest, Secured Lenders

See All Updates »

SAGIA Issues New Rules for Contracting and Construction Activities

The Saudi Arabian General Investment Authority (“SAGIA”) has recently issued new rules for companies contemplating investment in the Saudi Arabian market to conduct contracting and construction activities. The new rules will be…more

Business Plans, Construction Contracts, Financial Statements, Jurisdiction, Licenses

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Capital Thinking: Tax and Retirement

Congressman Says Tax Extenders Could Be Handled This Spring - Representative Richard Neal (D-MA), a member of the House Ways and Means Committee, stated that if comprehensive reform stalls, the committee could take up tax…more

International Tax Issues, Tax Extenders, Tax Reform

See All Updates »

UK Budget Bulletin - March 2015

The Chancellor's Budget Statement this afternoon contained a number of matters of real and immediate importance. It did however also contain details regarding measures which are either deferred or still under consideration and…more

Corporate Taxes, Income Taxes, UK

See All Updates »

Debt Collection Subject to New Regulation Under CFPB

The Consumer Financial Protection Bureau (CFPB) is on a roll targeting debt collectors and your company could be the next target. On October 3rd, the CFPB filed an enforcement action asking for a $1.376 million civil penalty to…more

CFPB, Debt Collection, Debt Settlement Services, Dodd-Frank, Enforcement Actions

See All Updates »

India's New Corporate Laws: Completing the Circle

As India’s Upper House Passes The Companies Bill 2012, 50 Years Of Corporate Legislation Is Replaced By An Enabling Agenda For Business For The Next 50 …more

Compliance, Corporate Social Responsibility, New Legislation

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Russia Moves to Limit Foreign Ownership in the Media Sector

On 26 September, Russia’s lower house of Parliament (Duma) adopted by a vote of 430-2 a bill to limit the foreign ownership, control, or operation of Russian mass media editorials or broadcasters to 20 percent or less, thus…more

Eussia, Foreign Investment, Foreign Ownership, Media

See All Updates »

FAA Selects Unmanned Aircraft Systems Test Sites; Regulatory Questions Remain

FAA Action - On December 30, the Federal Aviation Administration (FAA) announced that it has selected six public entities to serve as research and testing sites for unmanned aircraft systems (UAS). In selecting the sites…more

Aircraft, Airspace, Aviation Industry, FAA, Scientific Research

See All Updates »

Regulatory Relief for Regional and Community Banks

After the US elections in November 2014, Congress passed two amendments to provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) – the so-called “swaps push-out rule” and the “Collins…more

Amended Legislation, Collins Amendment, Community Banks, Congressional Investigations & Hearings, Credit Unions

See All Updates »

U.S. Imposes Further Economic Sanctions Against Russia

On September 12, the United States implemented another round of economic sanctions against Russia in response to the continued crisis in eastern Ukraine. On September 11, U.S. President Barack Obama declared the U.S…more

Foreign Policy, Russia, Sanctions, Ukraine

See All Updates »

Legal Aspects Of Introducing Group-Wide Data Systems

Legally introducing central data processing systems within international corporate groups requires paying particular attention to the timing in Germany, due to co-determination rights under works constitution law as well as the…more

Cloud-Based Services, Data Processors, Data Protection, Germany, Multinationals

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Ritchie v. Rupe

The Texas Supreme Court, on June 20, 2014, issued its highly anticipated opinion in Ritchie v. Rupe, 2014 Tex. LEXIS 500 (Tex. 2014). Ritchie involved a claim by a minority shareholder in a closely held corporation under the…more

Buy-Out Agreements, Closely Held Businesses, Minority Shareholders, Shareholder Litigation, Shareholders

See All Updates »

Employment Law Update: Immigration Reform on the Hill

This month, all American employers should keep a watchful eye on the debate on comprehensive immigration reform. The expansive bill that has taken center stage on the floor of the U.S. Senate, will impact recruiting and hiring…more

Hiring & Firing, Human Resources Professionals, Immigration Reform, Proposed Legislation, Recruitment Policies

See All Updates »

2014 Mid-Term Congressional Elections Analysis - What To Expect From The 114th Congress In The Run Up To The 2016 Presidential Election

In This Issue: -Introduction -Appropriations/Budget -Defense And National Security -Education Policy -Energy And The Environment -Financial Services -Food And Agriculture Policy -Healthcare…more

Election Results, Legislative Agendas

See All Updates »

Pensions Fit – DC Governance and Charge Capping In Occupational Pensions

There are a growing number of people with Defined Contribution pensions, particularly following the introduction of automatic enrolment in 2012, which has led to a rapidly increasing focus on DC governance over the last few…more

Defined Contribution Plans, Governance Standards, Pensions, Trustees

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The Current Landscape in FLSA Unpaid Intern Litigation - Law Firms Ready to Pounce

Every summer, unpaid interns arrive at various businesses throughout the country to learn a little bit about the real world before going back to school or diving into the job market. But this summer, it is one federal court in…more

Class Action, DOL, FLSA, Fox Searchlight Pictures, Internships

See All Updates »

NY Requires Public Disclosure of 501(C)(4) Political Expenses and Donors

The New York Attorney General recently adopted regulations that require certain nonprofit organizations that are required to register with the New York Office of the Attorney General to disclose their electioneering expenses and…more

Election Related Expenditures, Electioneering, Filing Deadlines, Non-Profits, Public Disclosure

See All Updates »

Reinsurance Newsletter - December 2014

In This Issue: - Recent Case Summaries - Recent Regulatory Developments - Recent Speeches and Publications - Excerpt from Recent Case Summaries: Seventh Circuit Holds FSIA Overrides State Statute…more

Arbitration, FSIA, Reinsurance, Third-Party Risk

See All Updates »

Phones for who? Focus on technology companies

PHONES 4U COLLAPSE: PART 1 Phones 4U Limited, the leading independent mobile phone retailer with an annual turnover of £1bn, went into administration on 15 September, closing all its 720 outlets and placing 5,596 jobs…more

Cell Phones, Chapter 11, Commercial Bankruptcy, Microsoft, Nokia

See All Updates »

Social Impact Bonds

What is a Social Impact Bond? With increasing demand on limited public resources, national and local governments are recognizing the need for a new approach to social services that emphasizes the identification of…more

Bonds

See All Updates »

India's New Corporate Laws: Completing the Circle

As India’s Upper House Passes The Companies Bill 2012, 50 Years Of Corporate Legislation Is Replaced By An Enabling Agenda For Business For The Next 50 …more

Compliance, Corporate Social Responsibility, New Legislation

See All Updates »

Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich…more

Arbitration, Attorney-Client Privilege, Ex-Parte Communications, Follow-the-Settlements Law, Late Notices

See All Updates »

Capital Thinking: Technology and Communications

Rep. Goodlatte Introduces Patent Litigation Reform Bill - Last Wednesday, October 23, House Judiciary Committee Chairman Bob Goodlatte (R-VA) introduced the Innovation Act (H.R. 3309), intended to curtail abusive patent…more

Consumer Privacy Bill of Rights, COPPA, FCC, FTC, Innovation Act

See All Updates »

Deadline For Business Associate Agreement And Data Use Agreement Compliance Is September 22, 2014

September 22, 2014 is the deadline to have all business associate and data use agreements updated to conform to the new requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Final Omnibus Rule…more

Business Associates, Covered Entities, Data Use Policies, HHS, HIPAA

See All Updates »

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