News & Analysis as of

Allen & Overy Partner Co-Authors Chapter on Swap Dealer Pay-to-Play Rule in 2015 Edition of Book on Regulation under Dodd-Frank

The 2016 elections pose potentially significant set of compliance challenges for swap dealers subject to CFTC Rule 23.451, the pay-to-play rule established by the U.S...more

IRS Proposes New Rules for Substantiating Charitable Contribution Deductions: What Every Charity Needs to Know

Anyone who has ever given to a charity is familiar with the contribution receipt: it thanks the donor for the contribution, indicates the dollar amount of the gift and states that the charity did not provide any goods or...more

Perspectives - September/October 2015

In a decision in which no opinion commanded a majority, the Ohio Supreme Court sided with a private entity — a charter school operator — in a dispute over the ownership of personal property purchased by the operator with...more

FOS feeds back on complaints obligations for NFP

FOS has published its feedback statement to responses on its consultation on amendments to its standard terms affecting businesses subject to the voluntary jurisdiction (see FReD 21 August 2015). The responses received were...more

HUD, FDIC, and U.S. Attorney File Suit Against Mortgage Lending Companies

On September 28, HUD, the FDIC, and the U.S. Attorney for the Eastern District of New York filed suit against a non-profit housing counseling corporation and certain mortgage lenders for allegedly running a scheme to defraud...more

FCC Announces Regulatory Fees Due for FY 2015

The FCC has released its annual Report and Order showing the regulatory fees due for the 2015 fiscal year. The fees must be received by the FCC by 11:59 PM EDT on September 24, 2015. The FCC’s electronic payment system is...more

ACG Louisiana Holding Second Annual Energy Case Cup Competition

The Louisiana Chapter of the Association for Corporate Growth (ACG Louisiana) will hold its second annual Energy Case Cup Competition in October. Last year's inaugural competition included more than 100 undergraduate students...more

Employee Benefits Developments August 2015

Certain Closely Held For-Profit Employers Need Not Provide Women’s Contraceptive Services. Under the ACA, non-grandfathered group health plans must cover specified preventive services, including certain women’s preventive...more

Managing Threats to Corporate Reputations (Part II of III)

Most companies do not adequately manage their reputations and the risks to their reputations. Too many companies are focused on “crisis” management, which is just another way to respond to a reputational risk that has already...more

Greater sage-grouse and land use in the inter-mountain west

The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

Illinois Preventing Sexual Violence in Higher Education Act Takes Effect

On August 21, 2015 Governor Rauner signed into law the new Illinois Preventing Sexual Violence in Higher Education Act, Public Act 099-0426 (the Act). The new law imposes a number of requirements on higher education...more

Added Compliance Burdens: New York Nonprofits Have to Implement Workplace Violence Programs

In 2010, New York State enacted its New York Prudent Management of Institutional Funds Act (NYPMIFA); in 2012 Governor Cuomo promulgated Executive Order 38 capping excess compensation at nonprofits receiving government...more

DC Circuit Clarifies Public-Interest and News-Media Fee Waivers Under FOIA

A three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit rejected a lower court ruling that imposed burdensome requirements on a fledgling nonprofit that prevented it from obtaining...more

Mechanical Ventilation Innovation Challenge

According to press releases, the American Association for Respiratory Care (AARC) and Edison Nation Medical have partnered to search for innovations for improving the process, outcomes, and comfort for patients requiring...more

Courts Impose Breach of Fiduciary Duty Penalties on Officers, Directors

Officers and directors of companies can face substantial financial liability for breaching their fiduciary duties to the companies they manage, regardless of their ability to pay such damages, and sometimes regardless of the...more

BIG DEAL MONDAY: Summer Deals Heating Up the Market

Our friends at Senior Housing News ( have reported on a number of recent transactions that show the senior housing market continues to be hot, just like the summer weather here in Florida!...more

Fourth Circuit Applies “Limited Review” Of Class Arbitration Award And Finds No Manifest Disregard Of The Law

The Fourth Circuit considered whether an arbitrator manifestly disregarded the law by failing to find actual damages and failing to award sufficient attorney’s fees against certain non-profit credit repair companies, despite...more

Unpaid Internships: Tips for Avoiding Legal Liability

Unpaid internships present companies with potential legal exposure, as shown by several recent, well-publicized legal victories for interns, including one against NBC, which ultimately paid out millions of dollars. To help...more

Kyiv Tax Newsletter - August 2015

Improvement of the e-management system for value added tax - The Law of Ukraine “On Amending the Tax Code of Ukraine on improving the management of value added tax” No. 643 was adopted by the Verkhovna Rada of Ukraine on...more

“Opt Out” Accommodation Under Affordable Care Act Validated After Challenge from Religious Objectors

In what continues to be a controversial and developing area of employment law, a federal appellate court recently validated the Affordable Care Act’s (ACA) “opt out” provision, finding that requiring nonprofit employers to...more

Congress Enacts New Tax Provisions That Provide Cost Savings to Taxpayers (But Don’t Plan a Shopping Spree)

Congress has been promising an overhaul of the tax code for the past couple of years, with virtually no progress. However last month, Congress managed to pass new tax legislation. On July 31, 2015 President Obama signed...more

New York advocacy groups and tax-exempts face additional disclosure obligations

Recent judicial and administrative decisions in New York State should put not-for-profit organizations, advocacy groups and similar entities on notice about their disclosure and transparency obligations in New York....more

Perspectives - July 2015

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which...more

For-Profit PACE Programs: Harbinger of the Future?

The Program of All-Inclusive Care for the Elderly (PACE) is a benefit program provided by the federal government through the Centers for Medicare & Medicaid Services (CMS), geared toward the care of frail, elderly...more

Stark Litigation: The Tuomey Saga Draws to a Close

In what may be the penultimate chapter of the long–running saga of the Tuomey case, the Fourth Circuit affirmed the final judgment and award in favor of the government in its case against Tuomey Healthcare System, Inc....more

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