News & Analysis as of

FDIC Puts Out Welcome Mat for New Bank Applications

Why it matters - Could new bank applications and de novo bank openings be in the future? To encourage new applications, the Federal Deposit Insurance Corporation (FDIC) has met with state regulators to express interest...more

Insurance Recovery Law - November 2015

Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation - Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more

FDA Stays Final Guidance on INDs for Foods and Dietary Supplement Studies

On October 30, 2015, the U.S. Food and Drug Administration announced that it was staying portions of its controversial Final Guidance relating to the types of studies that require compliance with Investigational New Drug...more

Complaints Commissioner criticises FCA handling

OCC published its final decision with regards to a complaint against FCA’s handling of a change in control application. The complainant said the FCA set extremely short deadlines for them to respond to issues FCA had raised....more

Mississippi CON Report

I. September 2015 – Mississippi Certificate of Need Meeting - During the September 24, 2015, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis...more

Absent Timely Local Processing, New California Law Automatically Approves Applications for New Cell Sites and Large Colocations

Municipalities Should Ensure They Will Be in Compliance - A new California law signed by Gov. Jerry Brown on Friday deems approved an application for new wireless towers and facilities and some colocations. The law...more

Visa Bulletin 2.0 and its Implications for Early Filing for Adjustment of Status

On September 9, 2015, the U.S. Government pleasantly surprised the immigration world by publishing a new type of monthly Visa Bulletin for October 2015 with USCIS announcement about a new approach to the timing of the ability...more

U.S. Citizenship and Immigration Services Announces New Procedures Which Will Allow a Significant Number of Individuals to File...

On September 9, 2015, the U.S. Citizenship and Immigration Services (USCIS), in coordination with the U.S. Department of State (DOS), announced that it is revising its procedures for applicants waiting to file their third and...more

Department of State Releases October 2015 Visa Bulletin

A new category of “filing” cutoff dates has been introduced to allow for earlier filing of adjustment of status applications and immigrant visa applications. The US Department of State (DOS) has released its October 2015...more

Significant Change to US Department of State Visa Bulletin

New class of cut-off dates to be created. According to multiple reliable sources, the US Department of State (State Department) is in the process of reengineering its system for determining immigrant visa availability...more

Attention Exporters: C-TPAT Web Portal Updated Adding Exporter Application

The Customs-Trade Partnership Against Terrorism (C-TPAT) certification program is a voluntary government program through which importers and exporters can agree to implement and maintain a set of predetermined supply chain...more

At the edge of a new frontier: USCIS begins transition to Electronic Immigration System

In July 2015, the White House announced a series of technology initiatives aimed at modernizing the application process for certain immigration benefits. As part of this effort, the United States Citizenship and Immigration...more

Social Media Week Part V – Tools and Apps for the Compliance Practitioner

To conclude this week’s posts, I wanted to list some of the more prevalent social media tools, explain what they are and how you might use them in a compliance program. (As usual I got carried away so this series will...more

Social Media Week Part IV – Telling a Story About Honey

I continue my exploration of the use of social media in doing compliance by taking a look at a very innovative social media solution to a difficult compliance issue around, of all things, honey. This example shows how...more

More Than $200 Million Available to Support California Businesses

The Governor’s Office of Business and Economic Development will award more than $200 million in California Competes Tax Credits within the next year. The tax credits are for businesses that want to move to California, or...more

MSSP Final Rule ACO Eligibility Requirements, Application and Renewal Process

This is the second post in Health Care Law Today’s series on the final rule. This post addresses Eligibility Requirements, and the Application and the Renewal Process. ACO Eligibility Requirements - Under the...more

3 things you must get right when you first register your brand

Applying to register a trademark is a simple process. You fill out a form at, enter your credit card information and click submit. It seems so easy that you may wonder why LegalZoom should even charge a fee for...more

Summary of Recent Precedential Trademark Trial and Appeal Board Decisions

In the past two months, the Trademark Trial and Appeal Board has issued three opinions citable as Board precedent. The following is a brief summary of each opinion and its precedential impact....more

E-rate Funding Year 2015 Filing Window Extended until April 16, 2015

Late last week, USAC announced an extension of the application deadline for Funding Year 2015 (July 1, 2015-June 30, 2015). FCC Form 471 applications must be submitted on or before 11:59:59 pm EDT on Thursday, April 16, 2015....more

Accountable Care Organization Update

In This Issue: - Summary of Next Generation ACO Model - Summary of Additional Guidance on ACO Pre-Participation & Participation Waivers - For More Information - Excerpt from Summary of Next...more

Higher Ed Legal Update, March 2015

Colleges and universities across America have recognized that unmanned aerial vehicles (UASs) – also known as drones -- have broad academic applications. Indeed, the Federal Aviation Administration reports that of the 900...more

DPR Issues California Notice 2015-3 Regarding Concurrent Application Submissions to DPR and EPA

On February 27, 2015, the California Department of Pesticide Regulation (DPR) released California Notice 2015-3, entitled Concurrent Submission of Pesticide Products to the Department of Pesticide Regulation and the U.S....more

Biological v. Biosimilar: “860? is the Magic Burden Per Response Number for Now

On February 3, 2015, FDA published a notice in the Federal Register requesting comments on information collection in an application for a proposed biosimilar and a supplement for a proposed interchangeable product....more

IRS Updates Determination Letter Procedures Regarding Incomplete Applications

The IRS recently issued new guidance on how it will process determination letters starting February 1, 2015. Specifically, once the IRS receives a determination letter application, it will review that application to determine...more

Overclaiming in Trademark Applications: “Full Line of …”

In Ferring B.V. v. Fera Pharmaceuticals, LLC, the Eastern District of New York was called upon to determine the importance of the United States Patent and Trademark Office’s Trademark Manual of Examining Procedure (“TMEP”)...more

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