Safe Harbors

IRS Worker Classification Audits—Risks And Relief Options

by Vicki M. Nielsen | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/23/2013

The battle between the Internal Revenue Service (IRS) and taxpayers continues over independent contractor treatment. ...more

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

by Martin P.J. Kratz Q.C. | Bennett Jones LLP on 5/22/2013

A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more

CFPB settles RESPA enforcement action involving affiliated business arrangements

by Richard J. Andreano, Jr. | Ballard Spahr LLP on 5/21/2013

The CFPB has announced the settlement of an enforcement action in which it was alleged that two affiliated business arrangements (ABAs) violated Section 8 of the Real Estate Settlement Procedures Act....more

IRS, Treasury Department Issue Proposed Rules Governing Minimum Value, Affordability, and Wellness Programs

by Alden J. Bianchi | Mintz Levin - Employment, Labor & Benefits on 5/17/2013

A key policy goal of the Patient Protection and Affordable Care Act (the “Act”) is the expansion of health insurance coverage to all Americans. The concepts of “minimum value” and its correlate “actuarial value” speak to the...more

Demystifying European Antitrust Law

by Wilson Sonsini Goodrich & Rosati on 5/17/2013

In the first of a series of WSGR Alerts, the firm's Brussels attorneys outline the European Commission's proposed changes to the antitrust rules on licensing patents, software, know-how, and other intellectual property....more

Are The Legal Rules For User Generated Content Becoming More Nuanced?

by Travis Crabtree | Looper Reed & McGraw, P.C. on 5/15/2013

The general legal advice to website operators who allowed User Generated Content (UGC) in the form of comments, videos or pictures used to be relatively easy....more

Strategic Implementation of Employer Shared Responsibility Rules & 2014 Planning Considerations

by Shumaker, Loop & Kendrick, LLP on 5/14/2013

In This Presentation: •Welcome •Overview of the Employer Shared Responsibility Rules - Impact on Corporate Structure - Time Line Examples to Demonstrate Application of Measurement, Administrative & Stability...more

Five Years in the Making - IRS Releases Findings from Colleges and Universities Compliance Project

by Tyrone Thomas | Mintz Levin - Employment, Labor & Benefits on 5/13/2013

The IRS announced it is nearing completion of a five year long compliance project involving tax-exempt colleges and universities. The project, which began with questionnaires to 400 randomly-selected institutions, focused on...more

Advertising News & Analysis - May 9, 2013

by Allyson Baker, Edward Boyle, Suzanne Fay Garwood, Jeffrey D. Knowles, Randall Miller, Amy Ralph Mudge, Jonathan L. Pompan, Michael Rivera | Venable LLP on 5/13/2013

In this issue: - Product Demonstrations Deliver Reward…and Risk - Sometimes the Claim is in the Eye of the Beholder - Viacom v. YouTube Decision Maintains DMCA Safe Harbor for Video Site - TCPA...more

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

by Michèle Corash, Robert Falk, Michael Steel | Morrison & Foerster LLP on 5/9/2013

Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread...more

New Directive Correctly Resolves Use Of Transaction Cost Safe Harbor For Milestone Payments – Questions Nonetheless Linger

by Ellen McElroy | Pepper Hamilton LLP on 5/8/2013

A new directive specifies that Large Business & International (LB&I) examiners should not challenge a taxpayer’s treatment of eligible milestone payments when success-based fees are incurred, provided a safe harbor election...more

Cloud Providers That Adhere to U.S.-EU Safe Harbor Framework Meet EU's Data Protection Adequacy Requirements, Says U.S. Commerce...

by Wilson Sonsini Goodrich & Rosati on 5/7/2013

Differing local privacy and data protection laws, especially in the EU, have increasingly challenged U.S. cloud providers seeking to move and store data across the globe. New guidance and public statements by the United...more

Potential Bad News for UGC Music Sites: Pre-1972 Tracks May Not Be Covered By the DMCA’s Safe Harbor

by Fernando Bohorquez, Jr. | BakerHostetler on 5/6/2013

When you think of “Peggy Sue” by Buddy Holly, “Johnny B. Goode” by Chuck Berry, and “My Girl” by the Temptations, you think classic, iconic, rock and roll. Now, in light of the most recent legal setback against music sharing...more

How to Dissolve Your Delaware Corporation

by The R. Bernard Law Group on 5/2/2013

What is Corporation Dissolution? Dissolution is the process by which a corporation terminates its existence. Corporations may choose to dissolve for a variety of reasons. Some of the most common reasons for terminating...more

IP Buzz - April 2013

by Therese Finan, Meaghan Hemmings Kent, Jeffrey D. Knowles, Martin Saad, Steven Schwarz | Venable LLP on 5/1/2013

In this issue: - Federal Circuit: Speak Now or Forever Hold Your Appeal - The Federal Circuit Draws the Line on Permissible Changes to Design Patent Claims – Or Does It? - DMCA Safe Harbor Upheld for...more

New York District Court Limits the Applicability of the PSLRA's Safe Harbor

by Alissa M. Del Riego | Holland & Knight LLP on 5/1/2013

A U.S. District Court for the Southern District of New York recently found that a company that had provided lower earnings guidance in its statements to the public than its results from the previous year was not protected by...more

IRS Releases Guidance on Beginning Construction for Production Tax Credit and Investment Tax Credit

by Alan J. Tarr | Loeb & Loeb LLP on 4/30/2013

A qualified facility is eligible to receive a renewable electricity production tax credit (PTC) or energy investment tax credit in lieu of the PTC if construction of the facility begins before January 1, 2014. Qualified...more

IP Update, Vol. 16, No. 4, April 2013

by Babak Akhlaghi, Sarah Bro, Kenneth Cheney, Bernard Codd, Paul Devinsky, Roozbeh Gorgin, Charles Hawkins, Donna M. Haynes, Sungyong “David” In, John Low, Amol Parikh, Vinu Raj, more +Michael Sardina, Sarika Singh, Joseph Speyer, Rose S. Whelan, Han (Jason) Yu | McDermott Will & Emery on 4/30/2013

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

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IRS Worker Classification Audits—Risks And Relief Options

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

CFPB settles RESPA enforcement action involving affiliated business arrangements

IRS, Treasury Department Issue Proposed Rules Governing Minimum Value, Affordability, and Wellness Programs

Demystifying European Antitrust Law

Are The Legal Rules For User Generated Content Becoming More Nuanced?

Strategic Implementation of Employer Shared Responsibility Rules & 2014 Planning Considerations

Five Years in the Making - IRS Releases Findings from Colleges and Universities Compliance Project

Advertising News & Analysis - May 9, 2013

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

New Directive Correctly Resolves Use Of Transaction Cost Safe Harbor For Milestone Payments – Questions Nonetheless Linger

Cloud Providers That Adhere to U.S.-EU Safe Harbor Framework Meet EU's Data Protection Adequacy Requirements, Says U.S. Commerce...

Potential Bad News for UGC Music Sites: Pre-1972 Tracks May Not Be Covered By the DMCA’s Safe Harbor

How to Dissolve Your Delaware Corporation

IP Buzz - April 2013

New York District Court Limits the Applicability of the PSLRA's Safe Harbor

IRS Releases Guidance on Beginning Construction for Production Tax Credit and Investment Tax Credit

IP Update, Vol. 16, No. 4, April 2013

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 26, 2013

State court ruling creates new uncertainty for DMCA safe harbors

Health Care Reform Implementation Update - April 26, 2013

DMCA Safe Harbor Upheld for YouTube Once Again in Viacom v. YouTube

CMS and OIG Propose Changes to the Electronic Health Records Exception and Safe Harbor

Reminder: Employers Must Use New I-9 Form Beginning May 7, 2013

IRS Issues “Begin Construction” Guidance for Renewable Energy Tax Credits

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