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Alexander, Murray Announce Bipartisan Proposal on Market Stabilization
On October 17, the Senate Health, Education, Labor and Pensions Committee Chair Lamar Alexander (R-TN) and Ranking Member Patty Murray (D-WA) announced they had agreed on a proposal for a narrow, short-term individual market… more
IRS Announces 2018 Estate and Gift Tax Numbers
As it does every year at this time, the Internal Revenue Service has announced updated numbers for 2018 relating to estate and gift taxes (as well as numbers on income tax and retirement plan rules). For 2018 the annual gift tax… more
Determining The Appropriate Fee For Services Rendered To A Related Company
This week, we return to two recurring themes of this blog: (I) related party transactions – specifically, transactions between a taxpayer and a corporation controlled by the taxpayer; and (II) what happens when a taxpayer does not… more
Assigning liquidator rights to sue: what has been created?
Following a suite of recent reforms to Australian insolvency laws, liquidators are now able to assign rights to sue, conferred on them personally by the Corporations Act. The new power to assign is broad. It appears that the… more
Ready, Set, Go: Preparing and Testing for Data Security Events
Baker Donelson's Data Protection, Privacy and Cybersecurity attorneys are pleased to continue a series of client alerts that address significant cyber-threats to your business and discuss ways you can protect your business with… more
Northern California Wildfires — Important Insurance Coverage Considerations
The ongoing Northern California wildfires are already the most destructive in the state’s history. In addition to the tragic loss of dozens of lives, California officials have reported that at least 5,700 structures have been… more
California Passes Legislation on Chemical Ingredients in Broadly Defined “Cleaning Products”
Expanding upon a growing trend of federal and state laws focused on public-right-to-know and information-transparency policies that inform the public of what chemicals they are exposed to in products, California Governor Jerry Brown… more
Recent Deluge of California Legislation Imposes New Requirements on Employers
October 15th marked the deadline for Governor Jerry Brown to sign the numerous employment-related bills proposed during the California State Legislature’s 2017 legislative session. While many bills did not make the final cut, Governor… more
Window On Washington - This Week in the Nation's Capital - Vol. 1, Issue 31
Senate Adopts Budget Resolution Making Way for Tax Reform: The Senate on a party-line vote of 51-49 adopted its FY18 budget resolution that includes $5.1 trillion in spending reductions and instruction for reconciliation for… more
A model Customs case in China: creating the right conditions for effective IP enforcement by Chinese authorities.
In May 2016, the General Administration of Customs (“GAC”) and the Public Security Bureau (“PSB”) jointly uncovered large amounts of counterfeit automobile engine lubricants. The lubricants were first sold on e-commerce platforms and… more
Private Wealth Updates - Fall 2017
The gift tax annual exclusion will increase from $14,000 to $15,000 next year, allowing donors to give up to $15,000 ($30,000 combined for married couples) per donee each year without incurring gift tax or using lifetime gift and… more
Deception and Unfair Practices Come Preinstalled
Lenovo, a manufacturer of personal computers, recently agreed, among other things, to implement a software security program in a settlement with the Federal Trade Commission (FTC) over issues with third-party software preinstalled on… more
Parens Patriae Representative Suits by State AGs: Parental Help with Strings Attached
Parens patriae is a Latin term which literally means “parent of the fatherland.” In parens patriae actions, a state sues on behalf of its citizens. The rights of the states to do this was first established in 1900 in Louisiana v… more
Consumer credit restructurings - industry on high alert
There have been a number of smoke signals in the last few months around the increase of consumer debt in the UK and a focus on those firms providing consumer credit across the credit spectrum but particularly in the "sub-prime" or… more
Yes, Virginia, There Is a Reverse False Claim
The False Claims Act has a scienter requirement: it makes it illegal to knowingly present a false claim to the government. So if a company innocently presents a false claim, it can’t be guilty of violating the Act, right? Well, not… more
D.C. Circuit Opinions Call into Question FINRA’s Ability to Impose “Capital Punishment” on the Securities Industry
The D.C. Circuit on October 13, 2017, issued an order remanding to the SEC a question involving an application of the Supreme Court’s recent decision in Kokesh v. SEC: whether FINRA’s imposition of a lifetime bar on a registered… more
New Vacancy at CPSC as Commissioner Joe Mohorovic Departs for Dentons
Last week, CPSC Commissioner Joseph Mohorovic, one of the two Republicans on the five-person Commission, announced that he would be ending his term as Commissioner two years early to join the Federal Regulatory and Compliance practice… more
Harper Amendments to Australia's Competition Laws Passed: ACCC Heralds a "New Era" in Competition Law
On 18 October 2017, Australia's Parliament passed into law long-awaited legislation to amend Australia's competition laws. The passing of the Competition and Consumer Amendment (Competition Policy Review) Bill 2017 and the… more
OSHA Still Considering Revising Electronic Recordkeeping Rule
With the December 1, 2017 deadline fast approaching for covered employers to electronically submit injury and illness records to OSHA, the Agency has indicated that it is close to completing its review to the Obama-era Improve Tracking… more
Finance Industry Seeks to Preliminarily Enjoin CFPB Arbitration Rule
In an important development in the federal court lawsuit by industry groups seeking to overturn the CFPB’s arbitration rule, the plaintiffs recently filed a motion for a preliminary injunction… more
Health Alert (Australia) 16 October 2017
In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales (NSW) 6 October 2017 - City of Ryde Council v Principal Healthcare Finance Pty Ltd (No 2) [2017] NSWLEC 134 - PRACTICE AND… more
Cheerios Yellow Box Rejected For Trademark Registration
In a precedential decision on August 22 2017, the Trademark Trial and Appeal Board (TTAB) in In re General Mills IP Holdings II, LLC (Serial 86757390) held that the applicant did not provide sufficient evidence to support the claim… more
Recent Merger Reflects Enhanced Need for Revenue Cycle Management Platforms
Two of the nation’s most noteworthy companies in the Revenue Cycle Management (“RCM”) technology space, Navicure Inc., and ZirMed Inc., announced a merger on September 14, 2017… more
Sixth Circuit Cries Foul on Post-Termination Repayment of Recoverable Draw
Seyfarth Synopsis: A common feature of many a commission plan is the recoverable draw that is offset against future commissions. The DOL has long held this is a permissible way to satisfy the minimum wage requirement. In a recent… more
Airline Cargo Company Sued Under Illinois Biometric Law
Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent… more
Seventh Circuit Rejects EEOC Position Holding That a "Long-Term Leave of Absence" is Not a Reasonable Accommodation
On September 20, 2017, the Seventh Circuit held a "long-term leave of absence," in addition to 12 weeks of Family Medical Leave Act (FMLA) leave, is not a reasonable accommodation under the Americans with Disabilities Act (ADA). The… more
White House Exploring Model Program for Shared Federal and State Regulation of Drone Operations
One of the major issues facing the commercial drone industry is the lack of certainty in the regulatory environment. Multiple state and local municipalities have passed drone related laws and ordinances, but as the recent decision in… more
Don't Get Overtaxed: Successful Tax Assessment Challenge Shows Benefits of Apartment Owner Due Diligence
By statute, a variety of property types are assessed based on specific approaches to value – in some cases, at the lowest value indicated by a number of valuation approaches. Apartments are one such property type and, as investors bid… more
Emergency Regulation Confirming the 13-Hour Payment Rule for Live-In Home Care Aides Working 24-Hour Shifts to be Followed by Confirmation of Retroact
On Friday, October 6, 2017 the New York State Department of Labor (NYDOL) used its “emergency” regulatory power to amend its Minimum Wage Order for Miscellaneous Industries and Occupations, relating to home care workers assigned to… more
When Does the Race Start? New York Department of Environmental Conservation Requests Rehearing of Federal Energy Regulatory Commission Order that the State Waived Jurisdiction Over Water Quality Certification Review
Following the Federal Energy Regulatory Commission (FERC)’s Declaratory Order that the New York State Department of Environmental Conservation (DEC) failed to timely act on an application for a Water Quality Certification under Section… more
IRS Announces 2018 Retirement Plan Numbers
The Internal Revenue Service has just announced the limits on retirement plan contributions and benefits for 2018. The limit on 401(k) contributions will be $18,500, an increase from $18,000 per year. The catch-up contribution… more
NGOs and Farmworkers File Motion for Expedited Briefing and Hearing in Chlorpyrifos Litigation
On October 13, 2017, Petitioners League of United Latin American Citizens (LULAC), et al. filed a motion to expedite briefing and hearing in League of United Latin American Citizens v. Pruitt, Case No. 17-71636 (9th Cir. June 5, 2017)… more
California Governor Signs Bill Restricting “ICE” Access To Worksites
On October 5, 2017, California Governor Jerry Brown signed Assembly Bill 450 into law. This bill requires a warrant for employers to allow immigration enforcement agents to enter a worksite. Background- Current law prohibits… more
California Waves Goodbye to Salary History
On October 12, 2017, California joined a growing trend of jurisdictions attempting to address pay disparities by enacting a law that bans employers from seeking salary history information, including compensation and benefit… more
Third Circuit Ruling Gives Employers Some Relief On “Willfulness” Claims In FLSA Collective Actions
In every FLSA class action I have defended (as well as every demand letter I have seen on this subject) the plaintiff’s lawyer always alleges that the violations were “willful.” It does not matter what the facts are. No, they say, the… more
TSX Adopts New Website, Equity Compensation Plan Disclosure Requirements
On October 19, 2017, the Toronto Stock Exchange (TSX) announced that it has adopted, and the Ontario Securities Commission has approved, the following amendments to the TSX Company Manual: (i) the introduction of website disclosure… more
President Trump Nominates Joseph Simons to Lead FTC
On October 19, President Trump formally announced his nomination of Joseph Simons to serve as Federal Trade Commission Chair for a seven-year term. Simons would assume the chairmanship of the agency in lieu of Acting Chair Maureen… more
Budget Update
The state budget stalemate continues nearly four months after the due date, but this week we finally saw some movement toward wrapping up the work on the 2017-2018 revenue package. First, the General Assembly checked one item off the… more
New California Law Prohibits Asking Job Applicants About Their Salary History
A new California law (AB 168) was signed by Governor Jerry Brown on October 12, 2017 that prohibits employers from inquiring about the salary histories of its job applicants. AB 168, which takes effect on January 1, 2018, and applies… more
New Obstacles Emerge in NAFTA Negotiations
As the fourth round of NAFTA negotiations were completed in Washington on Tuesday, October 17, 2017, significant new obstacles to the trade talks are emerging. As a result, the fifth round of talks has been postponed until… more
How Animal Rescue Organizations Perpetuate Irresponsible Dog Breeding (And Related Issues) Part 2
Rescue Road Trips, inc. (the Rescue), as previously described, transports dogs from the south to the northeastern states for sale/adoption. The Rescue states that- "No exchange of payment may occur within the boarders [sic] of the… more
2018 Cost Of Living Adjustments For Retirement Plans
The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations for retirement plans and Social Security generally effective for Tax Year 2018 (see IRS Notice 2017-64). Most notably, the… more
National Survey On Marijuana Laws And Regulations
Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New York… more
2018 Cost-of-Living Adjustments for Retirement and Other Benefit Plans
The IRS recently announced the 2018 cost-of-living adjustments to various benefit and contribution limits applicable to retirement plans and welfare plans… more
Repayment Delay Fuels Whistleblower Settlement
On October 13, 2017, the United States Department of Justice (DOJ) revealed that First Coast Cardiovascular Institute, P.A. (FCCI) entered into a Settlement Agreement with the federal government and the State of Florida requiring FCCI… more
California and New York Require Manufacturers to Disclose Ingredients in Cleaning Products
On October 15, 2017, California Governor Jerry Brown (D) signed the Cleaning Product Right to Know Act of 2017 (S.B. 258). The new law requires manufacturers of cleaning products to disclose certain chemical ingredients on the product… more
Part 1: Trademarks 101 – Building and Protecting Your Food & Beverage Brand
So you’ve got an idea for a food or beverage product or maybe even a product ready to go – but do you know how to build your brand? And better yet, how to protect that brand? This week we hosted the first of a three-part workshop… more
What To Avoid In Hiring Plan Providers As 401(k) Fiduciaries
A plan sponsor has so many things to do in running a business that they often forget that as a 401(k) plan sponsor, they are also a plan fiduciary. Being a plan fiduciary requires the highest duty of care in equity and law. So to… more
OSHA Injury Tracking Application Up & Running
On August 16th we reported that OSHA had suspended user access to its new Injury Tracking Application (“ITA”) that serves as the web portal for the submission of injury and illness information under OSHA’s “Improve Tracking of… more
Chief Judge Stark Denies Prevailing Party’s Motion For Attorneys’ Fees And Expenses In ANDA Action
By Memorandum Order entered by The Honorable Leonard P. Stark in Reckitt Benckiser LLC v. Aurobindo Pharma Limited et al., Civil Action No. 14-1203-LP (D.Del. October 16, 2017), the Court denied Defendants motion for attorneys’ fees… more
