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2018 Qualified Plan Cost of Living Increases, 2018 Social Security Taxable Wage Base

The Internal Revenue Service has announced the cost-of-living adjustments for the various qualified retirement plan limits. A few of the limits shown below remain unchanged from last year, but others have increased… more

PTAB Stays Reexamination in IXI Mobile (R&D) Ltd. v. Google LLC

In August 2016, Google petitioned for Inter Partes Review of U.S. Patent No. 7,552,124 (owned by IXI Mobile), asserting that claims 1–10 are unpatentable. In March 2017, the PTAB instituted the IPR as to claims 1–5, but denied… more

“Technically Speaking” – the Do’s and Don’ts of the New Maryland Electronic Filing Rules

Currently 13 out of 24 counties in Maryland require electronic filing. Effective August 1, 2017, the Court’s Standing Committee of Rules of Practice and Procedure (the “Rules Committee”) revised the electronic filing rules to be… more

The Revival of North Carolina General Assembly Special Sessions and Why They Matter

Brief History of Special Sessions - In odd numbered years, after the North Carolina General Assembly adjourns its Long Session, the body typically abstains from lawmaking through the commencement of the Short Session the following… more

English Court Rules on Unwinding of Distressed Debt LMA Trades

The Situation: The English Commercial Court heard a dispute regarding a back-to-back trade of distressed debt between an upstream seller and a downstream buyer, via a "riskless principal" broker, which contained an express unwind… more

Court Denies Default Judgment Sanctions for Defendant’s Production of Two Versions of Same Email: eDiscovery Case Law

In Catrinar v. Wynnestone Communities Corp., et al., No. 14-11872 (E.D. Mich. Sept. 30, 2017), Michigan Magistrate Judge R. Steven Whalen denied the plaintiff’s Motion for Discovery Sanctions (requesting a default judgment) for… more

EEOC Issues Final Rule To Modify FOIA Regulations

Changes Will Affect Certain FOIA Procedures, Federal Agency Says - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) has finalized an update of its Freedom of Information Act (FOIA) procedures by issuing a Final… more

Wolfsberg Group Adopts New Standards on Correspondent Banking and Payment Transparency

The Wolfsberg Group has published two new standards, the Correspondent Banking Due Diligence Questionnaire (CBDDQ) and the revised Payment Transparency Standards. The Wolfsberg Group was established in 2002 and comprises thirteen… more

Rental Income Guarantee Scheme introduced for private sector Build to Rent developments in Scotland

On 12 October the Scottish Government announced the launch of a Rental Income Guarantee Scheme (RIGS) which will see the Government sharing a proportion of landlords' rental income risk associated with qualifying Build to Rent private… more

When Is a Private Company Considered a Public Body and Subject to the EU Procurement Rules?

The case itself is a judgement of 5 October 2017, following a request for a preliminary ruling from a regional court in Lithuania to the ECJ. The question submitted was essentially should a private company established by the Lithuanian… more

The Court of Appeal of Manitoba clarifies presence based jurisdiction – Fernandes v. Wal-Mart Canada Corp.

The recent decision of the Court of Appeal of Manitoba (the Court) in Fernandes v. Wal-Mart Canada Corp. contains an important statement of principle relating to the interaction between the traditional bases for jurisdiction, namely… more

Reminder that Nonqualified Deferred Compensation Deferral Elections for 2018 Must be Made on or Before December 31, 2017

As we approach the end of 2017, we want to remind employers and employees to take action before year end if they desire to defer compensation that will be earned during 2018..… more

Cyber Risk a Modern Concern for M&A Dealmakers

Amid a growing number of high-profile corporate data breaches, cybersecurity is now a key issue for strategic acquirers. Thehack of Yahoo, which came to light midway through its 2016 takeover by Verizon, resulted in a US$350 million… more

Boston Municipal Research Bureau 'Update' Has Me Thinking Thoughts of PILOTS

I always thought that hospitals and universities owned most of the tax-exempt land in the City of Boston. Boy was I mistaken. The total area of Boston consists of 47.84 square miles. Of that total, 49 percent, or 23.44 square miles… more

What you should know about estate and gift tax 2018 inflation adjustments

The IRS has announced the 2018 inflation adjustments for many tax provisions, including exemptions for estate, gift and generation-skipping transfer taxes and the annual exclusion amount for gifts. The 2018 estate and gift tax… more

Non-Equity Transactions with Certain Non-EU Central Banks Exempt from Trade Transparency Requirements under MiFID II

A Commission Delegated Regulation exempting compliance with the pre- and post-transparency requirements for non-equity transactions with the Bank for International Settlements and the central banks of 12 third countries has been… more

OTA & Travel Distribution Update - Oct. 13th, 2017

This week’s OTA & Travel Distribution Update for the week ending Friday, October 13, is below. This week’s Update features stories on short-term rentals (or should I say hotels?), OTAs and loyalty. I hope you enjoy… more

Department of Education Sued in Connection with Recently Issued Q&A on Campus Sexual Misconduct

• An equal rights group and three individual plaintiffs have filed a civil suit in U.S. District Court in Boston against the Department of Education (ED) and Secretary of Education Betsy DeVos. The complaint alleges that the “Q&A on… more

Second CAR-T Cell Therapy Approved by FDA

Less than two months after approving the first gene therapy for use in the U.S., that of Novartis's Kymriah for treatment of pediatric patients with acute lymphoblastic leukemia (ALL), the FDA has approved a second single-infusion… more

MoFocus: Our Insights into the Risk + Crisis Landscape - Vol.1 Issue. 2

Arrest of a Chinese National on Hacking Charges Illustrates How U.S. Tactics Are Changing to Meet the New Cyber Threat - In August, Yu Pingan, a Chinese national, was arrested on charges that he conspired to acquire and use malware… more

Is This The Beginning Of The End Of The NLRB’s War On Employer Rules? - ALJ Rules Broad Confidentiality and Texting Rules Lawful

Employers who have been keeping up with the National Labor Relations Board’s (NLRB) decisions over the past eight years may be pleasantly shocked to learn that an Administrative Law Judge (ALJ) just upheld an employer’s seemingly broad… more

Bipartisan bills bolster cybersecurity protections for small business

Cybersecurity is not just a concern for very large companies but instead should be on the radar of all companies. While the breaches experienced by Target, The Home Depot, or even Equifax may garner much of the press, small businesses… more

Privacy Perils: Phishing in the Ocean of Apps

News about phishing attacks implemented through email and websites is very common (see Déjà vu All Over Again; American Express – New Bait for an Old Phishing Lure; Beware of Text Scam, iPhone Users; Beware New Hacker Scheme Requesting… more

The Citation of Immediate Jeopardy Deficiencies Against Nursing Facilities: Unforeseen Consequences

There are no words more feared by a skilled nursing facility Administrator during an annual recertification survey or complaint survey than these from a surveyor—“we’re citing you for an Immediate Jeopardy.” Those words set in motion a… more

Energy & Sustainability Connections Newsletter - September 2017

Leaders in the News - Wayne Fueling Systems Launches Disaster Relief Initiatives - This month, we are excited to feature our client Wayne Fueling Systems, a global provider of fuel dispensing, payment, automation, and control… more

Emerging Company Essentials: Getting Paid – Legal Update from Jeremy Halpern and John Loughnane

Jeremy Halpern, a partner and co-chair of the firm’s Emerging Companies Group, and John Loughnane, a partner in Nutter’s Corporate and Transactions Department, authored a guide for emerging companies entitled “Emerging Company… more

Watch Out For Minority Shareholder Oppression Claims After Admitting Non-Family Shareholders To The Family-Owned Business

Controlling shareholders and managers of family-owned businesses often direct the use of company funds and other resources to provide employment and other benefits to non-shareholder family members. In a business that is wholly-owned… more

Model tenancy agreement for Scottish private residential sector published

On 18 October the Scottish Government published a model tenancy agreement for the new Scottish private sector residential tenancy regime, which comes into effect (under the Private Housing (Tenancies) (Scotland) Act 2016) on 1 December… more

Pennsylvania Fails to Timely Reissue General Permit for Stormwater Discharges Associated with Construction Activities – After December 7, 2017, Individual NPDES Permits Will Be Required For New Projects

After December 7, 2017, new Pennsylvania land development projects that disturb in total over an acre of land will require an individual National Pollutant Discharge Elimination System (“NPDES’) permit. Although the Pennsylvania… more

Federal Circuit Says "Teaching Away" Must Cover the Entire Claim Scope

In reversing the Patent Trial and Appeal Board (PTAB), the Federal Circuit recently held that certain claims of a patent granted to Fast Felt Corp. covering methods for applying nail tabs on roofing and building material were invalid… more

CyberGRX Closes $20M Series B Funding to Accelerate Growth of World’s First Third-Party Cyber Risk Exchange

CyberGRX, the provider of the most comprehensive third-party cyber risk management platform, today announced that it has raised $20 million in Series B funding led by Bessemer Venture Partners (BVP). CyberGRX’s existing investors also… more

Staying The Course In A Mississippi Drug Case

Defense hacks. Homers. Biased. These are just a few of the labels we have applied to the authors of this Blog. While we recognize our leanings and strive to offer something more than just cheering a decision for the defense and jeering… more

Under New Jersey’s New Child Relocation Standard, Best Interests is King

In a much anticipated decision issued on August 8, 2017, the Supreme Court of New Jersey in Bisbing v. Bisbing overturned the well-established standard applied by courts in determining whether a primary custodian should be permitted to… more

Transloading Extends the Economics of Rail to More Customers

Companies that use bulk products as inputs to their manufacturing or processing business often look to rail service as a way to reduce their transportation costs. Yet, many are not located adjacent to rail lines and there is no way… more

Corporate and Financial Weekly Digest - Volume XII, Issue 40

SEC/CORPORATE - SEC-Proposed Amendments to Modernize, Simplify and Increase the Accessibility of Required Disclosure - As previously reported in the October 13, 2017 edition of Corporate & Financial Weekly Digest, on October 11… more

Eleventh Circuit Has No Appetite for Non-GMO Claims

The U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of Chipotle Mexican Grill in a false advertising action, holding that the plaintiff failed to demonstrate an actual injury based on the national… more

Treasury Recommends Changes to Post-Financial Crisis Securitization Rules

Possible changes would include loosening qualified asset requirements under risk retention rules, limiting asset-level disclosure under Reg. AB II, and rationalizing capital and liquidity requirements for securitized assets… more

CFPB Outlines Principles for Consumer-Authorized Financial Data Sharing and Aggregation

On October 18, the Consumer Financial Protection Bureau (CFPB or Bureau) released a set of guiding principles for participants in the financial data sharing and aggregation industry. The publication of the consumer protection… more

Step by step Employee Benefits in the Supreme Court

In conjunction with the start of the Supreme Court’s new term, Eversheds Sutherland took a look back at the Court’s work in employee benefit cases since the enactment of ERISA. We found an astonishing 128 decisions, spanning a broad… more

European Union adopts new Directive to better resolve double taxation disputes

The Council of the European Union adopted the Tax Dispute Resolution Mechanism Directive on 10 October 2017. Whereas currently the scope for mandatory arbitration in dispute resolution is limited to transfer pricing adjustments and the… more

Liqid Secures $10 Million in Series A Funding, Raising $20 Million to Date to Deliver Transformative Composable Infrastructure for the Modern Datacenter

Liqid Inc., leading provider of on-demand composable infrastructure (CI) technologies, announced today that it has secured $10 million in Series A funding led by Marker Hill Capital, joined by existing investor and strategic partner… more

Chevron Deference: Should a Government Agency Get to Decide its Own Contract Disputes?

For more than 30 years, courts have deferred to administrative agencies’ interpretation of ambiguous statutes, unless the interpretation is unreasonable. The doctrine is called “Chevron deference” after the decision that established… more

New York City Council Amends Earned Sick Time Act to Permit Employees to Use Paid Time Off for “Safe Time”

On October 17, 2017, the New York City Council passed a bill amending the New York City Earned Sick Time Act (which took effect on April 1, 2014) to require paid time off for victims of family offense matters, sexual offenses… more

Buy American and Hire American: A Six Month Retrospective on Employment-Based Immigration

On April 18, 2017, President Trump signed the now well-known Executive Order (EO), “Buy American and Hire American.” In the immigration context, the EO proclaimed that it “shall be the policy of the executive branch to rigorously… more

Shame and blame in a lame nomination for drug policy chief

Some powerful political players deserve a big dose of public condemnation for bungling and stalling the nation’s desperately needed war on the epidemic abuse of opioid drugs… more

Basel Committee on Banking Standards Allows Flexibility on NSFR Treatment of Derivative Liabilities

The Basel Committee on Banking Supervision has announced that it has agreed to allow jurisdictions discretion to lower the Net Stable Funding Ratio's treatment for derivatives liabilities. The discretion will allow jurisdictions to… more

Texas Supreme Court Clarifies When an Expert Opinion is Conclusory

Conclusory opinions, especially by experts, constitute no evidence. Two recent opinions from the Texas Supreme Court explain when an expert opinion is conclusory… more

The Patent Trial And Appeal Board Extended One Year Pendency Of An Inter Parte Review For Considering The Impact Of Aqua Products, Inc. V. Matal

The Patent Trial and Appeal Board (PTAB) issued a first decision extending one year pendency of an inter partes review for good cause. Minerva Surgical, Inc. v. Hologic, Inc., IPR2016-00868, Paper No. 57 (P.T.A.B. October 5, 2017)..… more

SEC Issues New C&DIs on the Use of Non-GAAP Financial Measures in Forecasts for Business Combination Transactions

On October 17, 2017, the staff (the “Staff”) of the SEC’s Division of Corporation Finance issued two new compliance and disclosure interpretations (“C&DIs”) on the use of non-GAAP financial measures in forecasts for business… more

Merck Sharp & Dohme B.V. v. Warner Chilcott Co. (Fed. Cir. 2017)

The Supreme Court most recently revisited the proper standards for making an obviousness determination ten years ago, in KSR Int'l. Co. v. Teleflex. Inc. While in some ways changing the obviousness standard, for example expanding the… more

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