On November 14, 2019, the California Supreme Court (CSC) issued an important decision producing a significant victory for the insurance industry. In a case litigated by The Northwestern Mutual Life Insurance Company (Northwestern… more

Coronavirus: a bacteria-ridden beer bottle with a lime? No. Pandemic? Not quite. A serious health concern that potentially presents issues to employers across the country? Yes… more

AGG recently presented a webinar on “FDA Regulation of Rx Drug and Medical Device Advertising & Promotion: The Year in Review.” The webinar focused primarily on an in-depth review of the enforcement letters issued by FDA to… more

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. This month, new class actions are going to the dogs… more

On 16 January 2020, China and the United States signed the Economic and Trade Agreement between the Government of the People’s Republic of China and the Government of the United States of America (the Phase One Trade Agreement)… more

On January 31, 2020, United States Citizenship & Immigration Services ("USCIS") introduced a new version of Form I-9, Employment Eligibility Verification ("Form I-9"), for all new hires. Employers should begin using the new version of… more

With the situation surrounding the 2019 Novel Coronavirus (COVID-19) rapidly changing, multinational companies with operations in Hong Kong should be aware of how to handle challenging employment issues during this time… more

The exit interview can be a further mechanism to operationalize compliance. This type of interview is used when someone voluntarily departs from a company, as opposed to a lay-off or reduction in force exercise. Typically departing… more

As the blowback on the Astros, MLB, Commisioner Rob Manfred continues to get worse, Jay and Tom are back to consider some of the top compliance articles and stories which caught our eye this week… more

In today’s edition of Daily Compliance News: 1. Kuwait launches probe into Airbus bribery. (ArabNews) 2. Nigerian businessman to stand trial in Italy for bribery. (Reuters) 3. Diageo settles channel stuffing claim. (WSJ) 4… more

HEADLINES - Buyouts and M&A secured a combined €75.4 billion of loan issuance in 2019 - Proceeds used for buyout issuance alone were down by more than 30 per cent to €38.7 billion when compared to the €56.6 billion total in 2018… more

The Institutional Limited Partners Association (“ILPA”) has recently issued a publicly available model private equity limited partnership agreement (the “Model LPA”) as part of its simplification initiative. ILPA is an international… more

In many cases (legal and otherwise), the DIY approach is often the most cost-effective way of accomplishing a task. There’s a reason why YouTube tutorials are so popular! However, there comes a point when the DIY ethos becomes a… more

The Indonesian government has made several key changes to the foreign ownership regime for companies in the Indonesian insurance sector. Government Regulation No. 3 of 2020 on the Amendment to Government Regulation No. 14 of 2018 on… more

On February 3, 2020, the Federal Reserve published the January 2020 Senior Loan Officer Opinion Survey on Bank Lending Practices addressing changes in the standards, the terms, and the demand for bank loans over the past three… more

Long considered “emerging contaminants,” per- and polyfluoroalkyl substances (PFAS) have now emerged. And water agencies throughout California must take heed… more

The Joint Money Laundering Steering Group has opened a consultation on proposed amendments to its Guidance. The revisions to the Guidance are to account for changes introduced by The Money Laundering and Terrorist Financing (Amendment)… more

The California Consumer Privacy Act has put businesses at substantial risk of data breach litigation and litigation from technical noncompliance. On January 1, 2020, the California Consumer Privacy Act ("CCPA") went into effect. The… more

On February 4, 2020, Ann Marie Uetz of Foley & Lardner LLP and Laura Marcero of Huron Consulting Group co-hosted a presentation featuring Michael Robinet, Executive Director at IHS Markit Automotive Advisory, to provide insights on the… more

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry issued its final report on 1 February 2019. A few months later, the Banking Code of Practice was substantially overhauled with a… more

I always say that the retirement plan business is relationship-driven. It’s a business built on trust and it’s built on time. One of my dear friends in this business is James Holland, an advisor based in North Carolina. We started with… more

Anybody over the age of 40 can recall a time when news was delivered by television, radio and newspapers. Two things that each of those mediums have in common are a substantial capital investment and an existential desire for editorial… more

Sands Anderson’s bankruptcy lawyers attended the “First Day” hearings in the chapter 11 bankruptcy cases of Pier 1 Imports Inc., and its affiliates. During the hearings, held before the Honorable Kevin R. Huennekens in the Richmond… more

35 U.S.C. § 325(d) gives the PTAB discretion to deny a petition for inter partes review when the same or substantially the same prior art or arguments were previously before the Office – including during original examination… more

The European Banking Authority has issued a report on diversity practices in credit institutions and investment firms. The report is based on diversity data collected by national regulators under the Capital Requirements Directive. CRD… more

The United States Environmental Protection Agency (“EPA”) and Sanco, Inc., (“Sanco”) entered into a February 5th Consent Agreement (“CA”) addressing alleged violations of the regulations the State of Georgia has adopted to carry out… more

The Federal Reserve Bank of New York announced last week that it will be publishing “Average SOFR” for 30, 60 and 90 days on its website starting on March 2, 2020. The confusing thing about this announcement is that the Fed has named… more

Because they allow recoveries of up to $150,000 per infringed work, statutory damages are a powerful copyright remedy. Defendants, of course, try to avoid statutory damages. In Energy Intelligence Group, Inc. v. Kayne Anderson Capital… more

The Covid-19 outbreak situation is rapidly developing and evolving. There have been further relevant developments since our previous article on Covid-19, China and Construction. First, Covid-19 has had direct impact not just on… more

I. Arizona and Alberta, Canada Using SB 1447 to Enhance Cooperative Relationship. In 2015, Senate Bill 1447 (“SB 1447”) was approved and signed into law by Arizona Governor Doug Ducey. SB 1447 was enacted to provide reciprocal… more

Statistics from 2018 reveal that .03% of trademark applications were paper filed. As such, effective February 15, 2020, paper trademark filings are no longer an option. The United States Patent and Trademark Office ("USPTO") mandates… more

On February 7, 2020 the National Labor Relations Board (“NLRB”) sued the State of Oregon in federal court seeking a declaratory judgement to invalidate a state statute that protects employees who refuse to attend lawful compulsory… more

After almost two years of scrutiny by state and federal regulators and an ensuing court battle, T-Mobile US, Inc. (“T-Mobile”) is moving forward with its acquisition of Sprint Corporation (“Sprint”). Although the case is unlikely to… more

The U.K. Prime Minister, Boris Johnson, has published a written statement on the U.K. Government’s proposed approach to negotiations on the U.K.’s future relationship with the EU. The U.K. formally left the EU on January 31, 2020 and… more

A growing number of state and local governments across the country are enacting laws that limit employers’ ability to ask about or consider applicants’ salary history. These laws are part of a nationwide effort to reduce pay inequity… more

Many attorneys rely on rideshare companies to get them to meetings, the airport or for other job functions. Recently, some rideshare companies have initiated audio and video recording programs allowing drivers to record video and/or… more

As 2019 came to a close, we looked ahead into 2020 and noted that data would continue to be a huge issue for the digital economy. We have not been disappointed. On February 19, 2020, the European Commission (the “Commission”) released… more

A recent decision by the Competition Appeal Tribunal (CAT), Tobii AB (publ) v. Competition and Markets Authority, confirms a deferential standard for the U.K. Competition and Markets Authority (CMA) in its merger prohibitions… more

Fed Liquidity – Recent Actual Infusions (1Q 2020) - Week of February 3rd - As recently reported, during the week of February 3rd, the New York Fed infused, through the repo market, an aggregate of $112.3 billion with a… more

The recent proposal by the SEC would eliminate overlapping or unnecessary disclosures and promote a principles-based approach to MD&A.  Background - On January 30, 2020, the US Securities and Exchange Commission (the "SEC")… more

In 2019, mass revolts created political shockwaves that reached all parts of the globe. The year 2020 is likely to echo the eruptions of the previous year’s political unrest, or at the very least, witness a continuation of major… more

It seems to be the season for 50th anniversaries. The National Environmental Policy Act, signed into law by President Nixon on January 1, 1970, is now a half-century old. The first day of a new decade was no doubt seen as a symbolic… more

Financial institutions M&A sector trends: banks — H2 2019 and outlook for 2020 - Entry into the new decade brings promise—banks finally have the tools to shake off the remaining shackles of the global financial crisis and embrace… more

Dear Ms. Fernandez - We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule on amendments to its regulations to merge the 8(a) Business Development Program… more

On February 11, 2020, the Michigan Court of Appeals issued a significant decision that impacts manufacturing supply contracts – especially those in the automotive industry – holding that a buyer may enforce a supply contract against a… more

On February 12-14, 2020, the Fund Finance Association held its 10th Annual Global Fund Finance Symposium at which lenders, sponsors, law firms and other market participants from across the globe gathered to discuss the latest… more

Last week we wrote about the status of Arkansas’ law recognizing a post-sale duty to warn, ultimately concluding that Arkansas Courts have not recognized the existence of any such duty. This week we will explain how, despite this… more

2020 has started off with a hiss and a roar on the regulatory reform consultation front, with a Review of the Financial Markets Authority Funding and Levy settings released at the end of January and the Financial Market Infrastructures… more

People in the United States who wonder how far pipeline protests can go, and how disruptive they can be, need only look north to Canada. As this article is written, much of the national Canadian rail system has been shut down by… more

MiFIR requires “systematic internalizers” (i.e., firms that The European Securities and Markets Authority has launched a consultation to collect the views of market participants on the pre-trade transparency regime applicable to… more

As highlighted in a previous blog post, a few months ago at Burns & Levinson’s Third Annual State of the Cannabis Industry Conference, several industry insiders and financial expert panelists forecasted a number of notable shifts in… more

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t – gleaned… more

In Digital Mentor, Inc. v. Ovivo USA, LLC, No. 2:17-cv-01935-RAJ (W.D. Wash. Feb. 4, 2020), Washington District Judge Richard A. Jones granted in part and denied in part the defendant’s motion to compel, ruling that the plaintiff had… more

In a decision released today, a three judge panel of the Seventh Circuit unanimously joined the growing list of courts to confirm that the “capacity to generate random or sequential numbers is necessary to the statutory definition” of… more

In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient purposes… more

Despite global economic uncertainty, M&A activity is expected to accelerate in the years to come. According to market research in Deloitte’s “The State of the Deal: M&A Trends 2019,” 79% of corporate executives expect M&A deals to… more

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s February 20, 2020 meeting, pursuant to the agenda as issued on February 13, 2020. Agenda items E-25 and C-3 have not been summarized due to… more

A durable power of attorney (POA) allows the person creating the POA, called the "principal," to name a trusted agent who can act on his behalf in almost any situation. But because of the risk of abuse, many banks will scrutinize a POA… more