News & Analysis as of

Safe Harbors

A Pending Supreme Court Ruling Can’t Create a Claim that Doesn’t Currently Exist

After hearing oral argument at confirmation on August 30, 2017, the bankruptcy court for the Western District of Pennsylvania issued a written opinion in In re rue21, inc., et. al., Case No. 17-22045-GLT (Bankr. W.D. Pa....more

You Can’t Ignore RESPA Section 8(c)

by Foley & Lardner LLP on

It’s been over a year since the Consumer Financial Protection Bureau (CFPB) turned the real estate settlement services industry on its head by announcing in its first ever administrative appeal that Section 8(c) of the Real...more

IRS Provides Safe Harbor for Inadvertent Normalization Violations

On September 7, 2017, the IRS issued Revenue Procedure 2017-47, which provides a safe harbor for regulated public utilities for inadvertent or unintentional uses of a practice or procedure that is inconsistent with the...more

Engaging in Political Activities? Know Your Safe Harbors and Stay Compliant

Interacting with public officials and public employees is necessary for many businesses and nonprofit organizations. No one should be discouraged from engaging public officials and public employees on public policy. In fact,...more

Safe harbour and ipso facto reforms pass through the Senate

by DLA Piper on

Another step has been taken towards the introduction of a safe harbour for directors of insolvent companies and limited stay on the operation of ipso facto clauses. Late on Monday evening, after some debate, the Senate passed...more

Time to Prepare for the End of the Year - Part One

by Poyner Spruill LLP on

The end of the year is rapidly approaching! To avoid costly penalties that can arise from inadvertent errors in the year-end rush, plan sponsors should begin talking with their service providers now about what must be done by...more

Your Digital Millennium Copyright Registration May Be About To Expire

Last November, we wrote about the Copyright Office’s decision to ditch its paper registration system for the Digital Millennium Copyright Act (“DMCA”) safe harbor and start a new online system completely from scratch. If you...more

When Speaking to Investors, Mix Facts with Predictions at Your Peril

The Private Securities Litigation Reform Act of 1995 protects “forward-looking statements”—that is, predictions about the future, at least when they are accompanied by “meaningful cautionary statements” that could cause the...more

Preparing for the New Massachusetts Equal Pay Law, Part I: Whether, When, and How to Conduct a Pay Equity Audit

The July 1, 2018, implementation date for the amendments to the Massachusetts Equal Pay Act (MEPA) is less than a year away. The amendments approved in 2016 will bring about substantial changes to the definition of...more

Bond-Financed Hospitals Must Apply New IRS Rules to Service Contracts

by McDermott Will & Emery on

After nearly two decades of restructuring service agreements to comply with Internal Revenue Service safe harbors, hospitals and other 501(c)(3) organizations are now subject to a new set of guidance and a single safe harbor...more

Virginia Supreme Court Rules on Subject-to-Tax Safe Harbor to the Royalty Addback

by Morrison & Foerster LLP on

In a 4-3 decision, the Virginia Supreme Court held that the subject-to-tax safe harbor to the royalty addback was ambiguous and applies only to the extent that the royalties are actually taxed by another state. In addition,...more

OIG’s Expanded Interpretation of Warranty Safe Harbor Portends Well for Value-Based Health Care

by Ropes & Gray LLP on

In a new advisory opinion, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) clarified the scope of the Anti-Kickback Statute (“AKS”) warranty safe harbor (the “Warranty Safe Harbor”). In...more

Delaware Passes Amendment to Data Breach Notification Law

by Wilson Elser on

For the first time since 2005, Delaware has amended its data breach notification law (DE Code Tit. 6, 12B-101-104). Whereas Delaware’s previous law only required companies to notify affected residents of a breach “as soon as...more

MiFID II Regulations Transposed into Irish Law

by Dechert LLP on

The European Union (Markets in Financial Instruments) Regulations 2017 (S.I. 375/2017) (the “MiFID II Regulations”) were signed into law on 10 August 2017 and are now publicly available....more

Zazzle Fizzles: Website Operator Denied Copyright Safe Harbor Protection for Its Sale of Physical Products Featuring...

We discussed last year the trend toward companies seeking to monetize user-generated content. A recent Central District of California decision in Greg Young Publishing, Inc. v. Zazzle, Inc. serves as an important reminder of...more

OEHHA Attempts to Clarify New Proposition 65 Clear and Reasonable Warning Regulations by Issuing Guidance and Proposed Amendments

by Beveridge & Diamond PC on

On August 30, 2016, the California Office of Environmental Health Hazard Assessment (“OEHHA”) repealed and readopted Article 6 of Title 27 of the California Code of Regulations, which sets forth the method and content deemed...more

Is Your Company Ready for the New Prop 65?

by Polsinelli on

One year from now, companies that do business in California will have to comply with new warning regulations under the state’s Safe Drinking Water and Toxic Enforcement Act (“Proposition 65”)....more

Plan Design Consultants try to Kickstart 401(k) plans for employers

by Ary Rosenbaum on

My friends at Plan Design Consultants have created a new program called KIC(k)START, which is an approach for them to garner more plans and help out the advisors they work with....more

Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause

by Downey Brand LLP on

One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more

Federal Circuit Review - July 2017

by Knobbe Martens on

District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

Forfeiture Freedom

by Jackson Lewis P.C. on

Some of our employer client sponsors of pre-approved 401(k) plans have contacted us regarding plan amendment notices received recently from their prototype or volume submitter plan document sponsors relating to the expanded...more

Timing is Everything: The District of Massachusetts Clarifies Local Rule

Caffeinate Labs, Inc. filed patent infringement and other unfair business practices claims against defendants Vante, Inc. and Alex Shlaferman. One claim alleged infringement of a design patent. The defendants moved to dismiss...more

Interesting Facts About U.S. Private Placements

by Dorsey & Whitney LLP on

This week the SEC Division of Economic and Risk Analysis published a new report including a wealth of data regarding recent trends in public offerings and private placements of securities. The report includes a number of...more

FTC Approves TRUSTe’s Updated Safe Harbor Program

by King & Spalding on

On July 31, 2017, the Federal Trade Commission (“FTC”) announced that it voted 2-0 to approve TRUSTe’s modifications to its safe harbor program under the terms of the Children Online Privacy Protection Act (“COPPA”). TRUSTe...more

Safe harbour reform in Australia: Update

by DLA Piper on

The Senate Economics Legislation Committee has strongly recommended that the Australian Parliament pass the reforms to Australia's safe harbour and ipso facto regime currently before the Senate. As the reforms have already...more

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