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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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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

See All Updates »

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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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

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 »

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

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 »

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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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

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 »

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

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

See All Updates »

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

See All Updates »

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 »

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

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 »

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

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

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

See All Updates »

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

See All Updates »

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

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 »

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 »

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 »

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

See All Updates »

Capital Thinking: Cybersecurity

Legislative Branch Activity - House Cybersecurity Legislation - This week, the House will consider four pieces of cybersecurity legislation on the floor including the National Cybersecurity and Critical…more

Critical Infrastructure Sectors, Cybersecurity, Data Protection, DHS, 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

See All Updates »

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

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

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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 »

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

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

See All Updates »

House Approves CFTC Reauthorization, Changes to Dodd-Frank

After a nearly two year process, on June 24, 2014, the U.S. House of Representatives voted 266-144 to pass H.R. 4413, the Customer Protection and End-User Relief Act, which would reauthorize the Commodity Futures Trading…more

CEA, CFR, CFTC, Compliance, Dodd-Frank

See All Updates »

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

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

See All Updates »

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

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: 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

See All Updates »

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

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 »

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

See All Updates »

Emerging Environmental Goods Agreement: Negotiations Set to Begin

Negotiations are expected to begin on July 7 in Geneva concerning the possible elimination of tariffs on a wide range of environmental goods. The negotiations, being led by the Office of the U.S. Trade Representative (USTR),…more

EU, Negotiations, TTIP, TTP, USTR

See All Updates »

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

See All Updates »

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

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 »

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

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 »

Capital Thinking: Financial Services

LEGISLATIVE ACTIVITY - GAO expected to release Report on Big Banks - On Thursday, July 31, the Government Accountability Office (GAO) is expected to release a long awaited report on funding advantages of the…more

Banking Sector, Banks, CFTC, Congressional Investigations & Hearings, FOMC

See All Updates »

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

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

See All Updates »

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

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

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

See All Updates »

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

See All Updates »

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

See All Updates »

Emerging Environmental Goods Agreement: Negotiations Set to Begin

Negotiations are expected to begin on July 7 in Geneva concerning the possible elimination of tariffs on a wide range of environmental goods. The negotiations, being led by the Office of the U.S. Trade Representative (USTR),…more

EU, Negotiations, TTIP, TTP, USTR

See All Updates »

Continued Vigilance Required for Nonqualified Deferred Compensation Arrangements

The newness of the IRC Section 409A regulations governing deferred compensation is long-gone, but the complexities of this regulatory scheme remain burdensome and all should be vigilant to ensure compliance as penalties can be…more

Deferred Compensation, Employee Benefits, Income Taxes, IRS, Section 409A

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 »

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

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

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 »

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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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

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

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 »

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

See All Updates »

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

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.

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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 »

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

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 »

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 »

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

See All Updates »

House Approves CFTC Reauthorization, Changes to Dodd-Frank

After a nearly two year process, on June 24, 2014, the U.S. House of Representatives voted 266-144 to pass H.R. 4413, the Customer Protection and End-User Relief Act, which would reauthorize the Commodity Futures Trading…more

CEA, CFR, CFTC, Compliance, Dodd-Frank

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 »

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

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: Cybersecurity

Legislative Branch Activity - Cybersecurity Legislation - Last week, the Senate Permanent Select Committee on Intelligence held a closed session to mark up the Cybersecurity Information Sharing Act (CISA) which was…more

Cybersecurity, DHS, Legislative Agendas, Legislative Committees, NIST

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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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Capital Thinking: Financial Services

LEGISLATIVE ACTIVITY - GAO expected to release Report on Big Banks - On Thursday, July 31, the Government Accountability Office (GAO) is expected to release a long awaited report on funding advantages of the…more

Banking Sector, Banks, CFTC, Congressional Investigations & Hearings, FOMC

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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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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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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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The Supreme Court Gives Juice To Lanham Act Claims

The Supreme Court’s unanimous opinion in POM Wonderful LLC v. Coca-Cola Co. (Dkt. No. 12-761) (June 12, 2014) highlights the key role of Lanham Act false advertising claims in protecting consumers from misleading advertising and…more

Coca Cola, False Advertising, Food Labeling, Lanham Act, POM Wonderful

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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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Capital Thinking: Energy

DOT PUBLISHES NOTICE OF PROPOSED RULEMAKING FOR NEW RAIL SAFETY STANDARDS - On Wednesday, July 23, the Department of Transportation (DOT) released a proposed rule designed to enhance the transportation safety of oil and…more

Barack Obama, Bureau of Land Management, Clean Energy, Congressional Investigations & Hearings, DOT

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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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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

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

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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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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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Capital Thinking: Tax and Retirement

LEGISLATIVE ACTIVITY - Senate to Vote on Highway funding bill - This week, the Senate is expected to vote on H.R. 5021, the Highway and Transportation Funding Act of 2014, which recently passed the House by a vote…more

FATCA, Highways, Income Taxes, Infrastructure, Inversion

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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

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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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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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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Capital Thinking: Technology and Communications

Legislative Activity - House Commerce SUBCommittees Will Hold Hearing ON 21st Century Technology for 21st Century Cures - The House Energy and Commerce Subcommittees on Communications and Technology and Health will…more

Healthcare, Legislative Committees, mHealth, Telecommunications, Telemedicine

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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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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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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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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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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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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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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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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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The Supreme Court Gives Juice To Lanham Act Claims

The Supreme Court’s unanimous opinion in POM Wonderful LLC v. Coca-Cola Co. (Dkt. No. 12-761) (June 12, 2014) highlights the key role of Lanham Act false advertising claims in protecting consumers from misleading advertising and…more

Coca Cola, False Advertising, Food Labeling, Lanham Act, POM Wonderful

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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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

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

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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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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

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The Climate Change Compromise and Energy Efficiency: Congress and the President Intersect in Your Building Thermostat

As the 113th Congress grows more antagonistic, it seems that energy efficiency is one of the few issues on which almost everybody in the government can agree. Using energy more efficiently saves money, helps prevent pollution,…more

Climate Change, Energy & Climate Debates, Energy Consumption, Energy Efficiency, Energy Policy

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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

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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

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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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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

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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 »

Capital Thinking: Financial Services

LEGISLATIVE ACTIVITY - GAO expected to release Report on Big Banks - On Thursday, July 31, the Government Accountability Office (GAO) is expected to release a long awaited report on funding advantages of the…more

Banking Sector, Banks, CFTC, Congressional Investigations & Hearings, FOMC

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 »

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

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

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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

See All Updates »

Emerging Environmental Goods Agreement: Negotiations Set to Begin

Negotiations are expected to begin on July 7 in Geneva concerning the possible elimination of tariffs on a wide range of environmental goods. The negotiations, being led by the Office of the U.S. Trade Representative (USTR),…more

EU, Negotiations, TTIP, TTP, USTR

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Emerging Environmental Goods Agreement: Negotiations Set to Begin

Negotiations are expected to begin on July 7 in Geneva concerning the possible elimination of tariffs on a wide range of environmental goods. The negotiations, being led by the Office of the U.S. Trade Representative (USTR),…more

EU, Negotiations, TTIP, TTP, USTR

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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

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New York High Court Reverses Course; Allows Carriers to Rely on Policy Exclusions Where Duty to Defend was Breached

K2 Investment Group, LLC. v. American Guarantee & Liability Ins. Co., No. 6, 2014 N.Y. LEXIS 201 (N.Y. Ct. of App. Feb. 18, 2014). In 2013, the New York Court of Appeals affirmed an order granting summary judgment to a…more

Attorney Malpractice, Breach of Duty, Duty to Defend, Indemnification, K2 Investment Group

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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

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

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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 »

House Approves CFTC Reauthorization, Changes to Dodd-Frank

After a nearly two year process, on June 24, 2014, the U.S. House of Representatives voted 266-144 to pass H.R. 4413, the Customer Protection and End-User Relief Act, which would reauthorize the Commodity Futures Trading…more

CEA, CFR, CFTC, Compliance, Dodd-Frank

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

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Capital Thinking: International

Ukraine Crisis - Last week, the Malaysian Government negotiated and secured from the pro-Russian separatists in Ukraine the black boxes from the downed passenger airliner (MH17). The Malaysian Government also secured the…more

Airlines, Barack Obama, FAA, Iran, Iraq

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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

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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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

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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

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 »

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

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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

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Ralls v. CFIUS

A U.S. Appellate Court has ruled for the first time that the U.S. government must provide access to at least some of the evidence relied upon by the President and the Committee on Foreign Investment in the United States (CFIUS)…more

Acquisitions, Barack Obama, CFIUS, Due Process, Executive Orders

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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

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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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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 »

Capital Thinking: Environment and Natural Resources

Regulatory Activity - EPA TO HOLD PUBLIC HEARINGS ON CLEAN POWER PLAN - This week, the Environmental Protection Agency (EPA) will hold public hearings in Washington D.C., Atlanta, Denver and Pittsburgh to receive…more

Clean Power Plan, Energy, Environmental Policies, EPA, Legislative Agendas

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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 »

House Approves CFTC Reauthorization, Changes to Dodd-Frank

After a nearly two year process, on June 24, 2014, the U.S. House of Representatives voted 266-144 to pass H.R. 4413, the Customer Protection and End-User Relief Act, which would reauthorize the Commodity Futures Trading…more

CEA, CFR, CFTC, Compliance, Dodd-Frank

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

See All Updates »

Capital Thinking: Education

Legislative Activity - House’s Legislative Agenda - On Monday, the House will consider and likely pass the following pieces of legislation: The STEM Education Act (H.R. 5031). The bill would include…more

Education Reform, Legislative Agendas, Proposed Legislation

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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 »

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 »

Capital Thinking: Budget and Appropriations

LEGISLATIVE ACTIVITY - FY 2015 Appropriations Action - Regular order in the appropriations process once again seems to have fallen victim to election-year partisanship and political positioning. With fewer than 14…more

Appropriation, Federal Budget, Legislative Agendas, Legislative Committees

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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

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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

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 »

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  • New York
  • Ohio
  • Texas
  • Virginia
Other Countries
  • Australia
  • Belgium
  • China
  • Czech Republic
  • Dominican Republic
  • France
  • Germany
  • Hong Kong
  • Hungary
  • Japan
  • Poland
  • Qatar
  • Russia
  • Saudi Arabia
  • Singapore
  • Slovak Republic
  • South Korea
  • Spain
  • Ukraine
  • United Arab Emirates
  • United Kingdom
Number of Attorneys

1,000+ Attorneys

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