Licensing Rules

News & Analysis as of

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

Zenefits Settlement a Forceful Reminder of Importance of Licensing Compliance

On Monday, November 28, 2016, the California Department of Insurance (“CDI”) announced that its enforcement action against Zenefits, a human resources software company, had resulted in a $7 million penalty. This penalty is...more

Recent Regulatory Actions Against TPAs

Recently, two state insurance departments took action against third party administrators in their respective states based on their failure to be properly licensed. These regulatory actions demonstrate the importance for TPAs...more

FERC considers hydro license term policy

U.S. hydropower regulators have requested public comments on whether to revise a policy setting the length of license terms for hydroelectric projects. The Federal Energy Regulatory Commission's notice of inquiry could lead...more

Massachusetts Long Term Care Facility Regulations – Proposed Amendments

Massachusetts Long Term Care Facility Regulations – Proposed Amendments - The Massachusetts Department of Public Health (DPH) continues its efforts to revise its regulations to comply with Executive Order 562, which...more

Has Pennsylvania’s New Liquor Legislation Made Brew Pub Licenses Obsolete?

Until recently, Pennsylvania breweries have been able to open up a world of possibilities by obtaining a GP-license to operate a brew pub at their brewery premises. The new legislation, however, has changed the situation. ...more

INSECURE: Is Your Hotel Security Staff Exposing You to Liability?

INSECURE: Is Your Hotel Security Staff Exposing You to Liability? Are you a hotel owner and/or operator who employs a private security staff? If so, do not let administrative inattention threaten your business. Take a...more

10 Key Intellectual Property Issues for M&A Deals

Intellectual property (IP) issues are increasingly important factors in merger and acquisition (M&A) transactions. Of the various industry sector transactions included in recent American Bar Association (ABA) Business Law...more

Who Will Inspect the Inspectors? Implications of Winkler v. State Board of Examiners of Plumbing, Heating and Fire Sprinkler...

On September 20, 2016, certain construction trades entered into a Wild West era of deregulated inspection services. Inspections of already installed plumbing, heating and air conditioning, and fire sprinkler systems appear no...more

Marijuana Legalization Efforts Enjoy Success, Demonstrating Major Shift in Approach to Drug Regulation and Use

Election Day 2016 proved to be a historic occasion for initiatives favoring expanded access to marijuana. On November 8, California and Nevada joined West Coast early adopters Alaska, Oregon, and Washington in choosing to...more

Mortgage Lender Agrees to Pay $2 Million Administrative Penalty to Massachusetts Commissioner of Banks

On September 21, 2016, a mortgage lender settled an action brought by the Massachusetts Commissioner of Banks by stipulating to the entry of a consent order to resolve claims of “alleged non-compliance with applicable...more

MAS Amends Its FAQs on the Licensing and Registration of Fund Management Companies

On 19 September 2016, the Monetary Authority of Singapore (MAS) amended its FAQs on the Licensing and Registration of Fund Management Companies. The key changes are as follows: - A licenced Fund Management Company...more

The Ohio Department of Commerce Proposes “Factsheet” in Advance of Publishing Draft Cultivator Rules

On November 1, 2016, the Ohio Department of Commerce released its “Cultivator Rules” factsheet, which outlines the key elements of its initial draft rules for cultivation licenses under the Ohio Medical Marijuana Control...more

Calaveras County Leads The Way Into Greener Territory

Calaveras County is a beautiful gem tucked away amongst the Giant Sequoia trees in the foothills of the Sierra Nevada Mountains. It sits between the vibrant Mokelumne and Stanislaus rivers, and as a historic part of...more

When do you require a specialist builder’s licence for structural steelwork? - A case study of Nam Hong Construction & Engineering...

In Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte Ltd [2016] SGCA 42, the Court of Appeal (CA) firstly, affirmed the High Court decision that a disjunctive interpretation of the term “structural...more

Financial Services Quarterly Report - Third Quarter 2016: DIFC Funds: 2016 and Beyond

The Dubai International Financial Centre (DIFC) is a financial free-zone located in Dubai with its own established set of laws and regulations as well as a financial regulator and court system. Established in 2004, the DIFC...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Exception from the License Requirement for Investment Intermediaries in the Future Only in Case of a First Public Offer of Investment Assets (Vermögensanlagen) - As of 31 December 2016, investment advisors and...more

West Coast Real Estate Update: October 2016 #2

California Legislature Revises De Minimis Exemption of Finance Lenders Law - Real estate projects that utilize federal New Markets Tax Credit (NMTC) financing recently received a reprieve from a state licensing...more

CSLB’s Military Application Assistance Program

Who knew? I didn’t. Military Applicants, with Proper Forms, Move to Front of Line for Contractor License Processing - SACRAMENTO – The Contractors State License Board (CSLB) salutes U.S. military personnel for their...more

FCC Liberalizes Rules for Foreign Investment in U.S. Broadcast Licensees

On September 30, 2016, the FCC adopted an order designed to liberalize and streamline the foreign ownership review process for broadcast licensees (the “Broadcast Liberalization Order”). Section 310(b) of the Communications...more

California Enacts New Licensing Requirements for Student Loan Servicers

Student loan servicers located in California servicing loans made to residents of any state and those located elsewhere servicing loans made to California residents will be subject to a new licensing requirement created by...more

Don’t Get Caught By Surprise: NMLS Adds New Requirements in Connection with Renewal

If a company is keeping its Nationwide Multistate Licensing System (NMLS) record current, the renewal season should be a relatively painless exercise in fee collection. However, in addition to the normal renewal housekeeping...more

SBA Proposes Updates and Improvements to Early Stage SBIC Program

The proposed rule reflects SBA’s intent to continue licensing and providing SBA-guaranteed leverage to Early Stage SBICs beyond the initial five-year term previously announced. On September 19, the U.S. Small Business...more

Changes to BIS's information security controls bring relaxed controls, removal of registration requirement

As part of a raft of revisions to the Export Administration Regulations ("EAR") implementing December 2015 changes to the Wassenaar Arrangement, on September 20, 2016, the Bureau of Industry and Security ("BIS") issued a...more

Municipal Legal News

On September 21, Governor Snyder signed a package of bills (2016 PA 281-283) that significantly expands the types of medical marijuana facilities permitted under state law, and establishes a licensing scheme similar to the...more

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