K&L Gates LLP

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K&L Gates Center
210 Sixth Avenue
Pittsburgh, PA 15222-2613, United States
Phone: 412.355.6500
Fax: 412.355.6501
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Florida
  • Illinois
  • Massachusetts
  • Missouri
  • New Jersey
  • New York
  • North Carolina
  • Oregon
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Washington
Other Countries
  • Australia
  • Belgium
  • Brazil
  • China
  • France
  • Germany
  • Hong Kong
  • Ireland
  • Italy
  • Japan
  • Luxembourg
  • Qatar
  • Singapore
  • South Korea
  • Taiwan
  • United Arab Emirates
  • United Kingdom
Number of Attorneys
1,000+ Attorneys

The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Recording of Working Time in Germany Legally Required – Open Questions for Employers Following New Decision of the German Federal Employment Court

Surprisingly, the German Federal Employment Court (BAG) decided on 13 September 2022 that an obligation exists for employers in Germany to comprehensively record employees’ working time (case reference 1 ABR 22/21). For…more

Employer Responsibilities, EU, Germany, Timekeeping, Work Schedules

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Update - UAE Consumer Protection and E-Commerce Laws

The United Arab Emirates (UAE) has emerged as one of the regional leaders in adopting and developing a robust information technology and internet infrastructure to accommodate the steep demand in e-commerce and digital payments,…more

Data Privacy, E-Commerce, Goods or Services, Internet Retailers, Online Marketplace

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Annual Reports Coming to Pennsylvania and Other Updates to the Pennsylvania Associations Code: Part 4—Ratifying Defective Actions

On 3 November 2022, Governor Wolf signed House Bill 2057 into law as Act 122. The act made numerous amendments to Title 15 of the Pennsylvania Consolidated Statutes, also known as the “Associations Code” (the Title 15 Update)…more

Annual Reports, Corporate Governance, Pennsylvania, Reporting Requirements

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US Department of Justice Announces US$2.68 Billion in Fiscal Year 2023 False Claims Act Recoveries

On 22 February 2024, the US Department of Justice (DOJ) published its report (Report) announcing civil recoveries under the False Claims Act (FCA) for Fiscal Year (FY) 2023. The recoveries for FY 2023 exceeded US$2.68 billion,…more

Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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SEC Proposes Revisions to Rule 144 and Form 144

On 22 December 2020, the Securities and Exchange Commission (the SEC) proposed various amendments to Rule 144, including changes related to the filing of Form 144. The proposed amendments also include a minor change to Forms 4…more

EDGAR, Proposed Amendments, Rule 144, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Fashion Law Update – August 2022

In this edition of Fashion Law, we look at the trends, emerging and evolving, within the retail, luxury goods and fashion sectors around the world. This update provides a through snapshot of the key issues in this sector and…more

E-Commerce, Fashion Branding, Fashion Design, Fashion Industry, Influencers

See all updates »

New Flexibility for Hardship Withdrawals: Permissive Changes Starting 2019 and Required Changes by 2020

On November 14, 2018, the Internal Revenue Service (“IRS”) released Proposed Regulations to implement and expand upon the changes to 401(k) hardship distribution rules, previously mandated by the Bipartisan Budget Act of 2018…more

401k, Benefit Plan Sponsors, Bipartisan Budget Act, Employee Benefits, Hardship Distributions

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Workplace Reform Rolls on… Again

The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill…more

Arbitration, Australia, Compliance, Employees, Employer Liability Issues

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Update - UAE Consumer Protection and E-Commerce Laws

The United Arab Emirates (UAE) has emerged as one of the regional leaders in adopting and developing a robust information technology and internet infrastructure to accommodate the steep demand in e-commerce and digital payments,…more

Data Privacy, E-Commerce, Goods or Services, Internet Retailers, Online Marketplace

See all updates »

Seven Years in the Making: The SEC Finally Adopts Final Clawback Rules

Overview - On Wednesday, 26 October 2022, the U.S. Securities and Exchange Commission (the SEC), in a 3-2 vote, adopted final rules directing listing exchanges to require listed companies to establish, disclose, and enforce…more

Clawbacks, Executive Compensation, Reporting Requirements, Securities and Exchange Commission (SEC)

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The New Fund of Funds Rule and ETFs—(Missed) Opportunities

The SEC recently adopted Rule 12d1-4 (Rule 12d1-4 or Rule) under the Investment Company Act of 1940 (1940 Act) to streamline the regulatory framework applicable to registered funds that invest in other funds (funds of funds)…more

Asset Management, ETFs, Investment, Investment Company Act of 1940, Investment Funds

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The UAE Launches Unemployment Insurance Scheme

The Ministry of Human Resources and Emiratisation (MoHRE) announced that its landmark social security program will take effect in the new year, with federal government and private sector employees required to subscribe to…more

Compensation, Employees, Unemployment Insurance, United Arab Emirates (UAE)

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Voters Have Spoken: Impacts of the 2022 Midterm Elections

Changes on the Horizon - The 2022 midterm elections took place on Tuesday 9 November. Following a turbulent campaign season, Republicans are positioned to regain control of the House by a slimmer margin than originally…more

General Elections, Public Policy, State and Local Government, State Elections, State Legislatures

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EEOC Issues Nonbinding Guidance on Permissible Employer Use of Artificial Intelligence to Avoid Adverse Impact Liability Under Title VII

On 18 May 2023, the US Equal Employment Opportunity Commission (EEOC) issued nonbinding guidance on how existing federal anti-discrimination law may apply to employers’ use of artificial intelligence (AI) when hiring, firing, or…more

Algorithms, Artificial Intelligence, Bias, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Another Win for Policyholders as Illinois Reverses Course and Joins the Majority of States Recognizing CGL Policies Cover Property Damage Caused by Construction Defects

On 30 November 2023, Illinois joined the majority of states that recognize that commercial general liability (CGL) insurance covers damage to one part of a construction project caused by construction defects in other parts of…more

Commercial General Liability Policies, Construction Defects, Construction Industry, IL Supreme Court, Policy Terms

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Proactive Protection of Consumers or Premature Penalty? Consumer Financial Protection Bureau Bucks the Trend in Data Security Breach Cases

Data breaches and cybersecurity attacks appear to be growing in frequency. Despite the increase in the number of such attacks, plaintiffs have found it difficult to establish a legal foothold for data breach claims, as federal…more

Article III, Class Action, Consumer Financial Protection Bureau (CFPB), Data Breach, Data Security

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FTC Increases Risk For Acquirers By Extending Time For Review Beyond the Hart-Scott Waiting Period

Citing a shortage of resources to respond to a “tidal wave of merger filings,” the Federal Trade Commission (FTC) has begun sending letters (Warning Letters) to the parties to many mergers and acquisitions that it has not…more

Corporate Counsel, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Premerger Notifications, Warning Letters

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The Committee on Foreign Investment in the United States Sharpens Its Enforcement Edge: Proposed Regulatory Revisions Expand Penalty Authority

On 15 April 2024, the Treasury Department’s Office of Investment Security published a Proposed Rule to revise the regulations governing the Committee on Foreign Investment in the United States (CFIUS or the Committee). The…more

CFIUS, Civil Monetary Penalty, Enforcement, Foreign Acquisitions, Foreign Investment

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SECURE-ing Insurance Company Separate Account Assets for ETFs

On 29 December 2022, President Biden signed into law the SECURE Act 2.0 (SECURE 2.0) as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the 2019 passage of the Setting Every Community Up for Retirement…more

Asset Management, ETFs, Investment, Retirement Funds, Retirement Plan

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CMS Finalizes New Interoperability Rule Promoting Improvements to Prior Authorization Processes

On 17 January 2024, the Centers for Medicare & Medicaid Services (CMS) released a final rule outlining new interoperability and prior authorization requirements for certain payors (Final Rule). With the adoption of the Final…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Electronic Medical Records, Health Care Providers, Health Insurance

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Brussels Regulatory Brief: April 2023

ANTITRUST AND COMPETITION - The European Commission Releases the Article 102 TFEU Package to Ensure Greater Legal Certainty on Exclusionary Abuses of Dominance - Article 102 of the Treaty on the Functioning of the European Union…more

Antitrust Provisions, Competition, Energy Sector, EU, European Commission

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SEC Proposes Summary Prospectus Rule for Variable Annuity and Variable Life Insurance Contracts

Executive Summary - In a significant step toward improving variable insurance product (“VIP”) disclosure, the U.S. Securities and Exchange Commission (“SEC”), on October 30, 2018, proposed a new rule (the “Summary Prospectus…more

Insurance Industry, Investors, Life Insurance, Mutual Funds, Securities and Exchange Commission (SEC)

See all updates »

Registered Fund Developments: 2019 Washington D.C. Investment Management Conference

OVERVIEW OF THE ETF RULE - - On September 25, 2019, the SEC approved Rule 6c-11 under the 1940 Act (the “ETF Rule”) and related amendments to Form N-1A - The ETF Rule will rescind previously-issued exemptive orders of ETFs…more

Disclosure Requirements, Investment Adviser, Investment Company Act of 1940, Investment Management, Securities and Exchange Commission (SEC)

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Lay of the Land: Global Office Trends

In our second episode of Lay of the Land, hosts Heather Horowitz, Jen McCosker, Christian Major, Tobias Gries, and Anna Amprimo discuss office asset market trends in the United States, Australia, the UK, Germany, and Italy…more

Commercial Buildings, Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Environmental Social & Governance (ESG)

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Pen Register and Trap and Trace Claims: The Latest Wave of CIPA Litigation

A new species of website privacy litigation has taken hold in 2024, based on arcane provisions of the California Invasion of Privacy Act (CIPA) that restrict law enforcement’s use of pen register or trap and trace devices…more

California, CIPA, Class Action, Data Collection, Electronic Monitoring

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The End of LIBOR - Considerations for Corporates

Much information has been published in recent months on the discontinuation of The London Inter-bank Offered Rate (LIBOR) and what is to replace it. Set out below is a summary of what has happened and how it is likely to affect…more

Banking Sector, Financial Services Industry, Libor, Loans, Sterling Overnight Index Average (SONIA)

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Stores for Sale! Retailers and Restaurants Spin Off Real Estate

Several major retailers and restaurant chains have recently engaged in a variety of transactions to spin off their real estate and lease it back. Retailers and restaurants are suddenly doing them, or considering them, at an…more

Commercial Leases, Commercial Real Estate Market, Drones, Macy's, REIT

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Federal Court Rules Work Generated by Artificial Intelligence Alone Is Not Eligible for Copyright Protection

As more individuals and businesses are seeking to take advantage of artificial intelligence to generate written and visual content, it is important to understand the scope of copyright protection that might ultimately be…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Dispute Resolution

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New Code of Conduct for Leasing of Retail Premises in Singapore

A Code of Conduct for the Leasing of Retail Premises in Singapore (the Code) has been developed by the Fair Tenancy Pro Tem Committee (Pro-Tem Committee) set up by the Singapore Business Federation. The objective of the Code is…more

Code of Conduct, Commercial Leases, Landlords, Retail, Singapore

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Judge or Jury?: The Federal Circuit Holds that Patent Litigants Do Not Have a Seventh Amendment Right to a Jury Trial on Attorneys’ Fees

In AIA America, Inc. v. Avid Radiopharmaceuticals, the Federal Circuit considered whether the Seventh Amendment provides the right to a jury trial to determine entitlement to attorneys’ fees. During the case on the merits,…more

Patent Litigation, Patent-in-Suit, Patents, Seventh Amendment

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Should Job Applicants be Permitted to Use Artificial Intelligence?

As employers explore ways to use Artificial Intelligence (AI) within the bounds of existing and emerging legislation and guidance, and as government agencies, states, and municipalities seek to regulate AI in employment and…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Job Applicants

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Employment Practices and Data Protection: Monitoring Workers 101

The Information Commissioner’s Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers’ data protection rights and help employers…more

Artificial Intelligence, Data Privacy, Data Protection, Electronic Monitoring, Email

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Impacts of a Government Shutdown: Government Contractors

Introduction - Current federal funding expires this Saturday. As we approach the deadline, it is looking less likely that Congress will pass a continuing resolution, a short-term stopgap measure, to avoid a government shutdown…more

Federal Budget, Federal Contractors, Federal Funding, Government Shutdown

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Fashion Law Update – August 2022

In this edition of Fashion Law, we look at the trends, emerging and evolving, within the retail, luxury goods and fashion sectors around the world. This update provides a through snapshot of the key issues in this sector and…more

E-Commerce, Fashion Branding, Fashion Design, Fashion Industry, Influencers

See all updates »

Important Changes to French Labor Law in 2024

Need to Know Amounts from 1 January 2024 - €11.65 - The legal minimum hourly wage has increased to €11.65 gross (from €11.52 in 2023). The amount of the monthly minimum wage in France is now €1,766.92 gross for 35 worked hours…more

Employer Responsibilities, France, Minimum Wage, Recruitment Policies, Sick Leave

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The Energizer – Volume 110

There is a lot of buzz around clean technology, distributed energy resources (DERs), microgrids, and other technological innovations in the renewable energy and clean transport industries and how these developments can…more

Clean Energy, Department of Energy (DOE), Distributed Energy Resources (DERs), Energy Projects, Energy Sector

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Early Stage Investment Tax Incentives Bill Introduced

As an update to our Legal Insight of December 2015 'New Tax Incentives for Early Stage Investment', on 16 March 2016 the Turnbull Government introduced legislation providing significant tax incentives to promote local and…more

Australia, Capital Gains, Early Stage Companies, Investment, Investors

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COVID-19: (Australia) Changes to the Foreign Investment Review Board Approval Process

*This information is accurate as of 7.00 pm Monday 30 March 2020 and is subject to change as this situation evolves. In light of the current global circumstances due to the COVID-19 pandemic, the Australian Government has…more

Australia, FIRB, Foreign Investment

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COVID-19: Governor Murphy Signs Executive Order No. 192 Mandating Health and Safety Protocols for New Jersey Worksites

On 28 October 2020, as part of the state’s ongoing response to the COVID-19 pandemic, New Jersey Governor Phil Murphy signed Executive Order No. 192 (EO 192), which mandates that New Jersey employers abide by certain health and…more

Coronavirus/COVID-19, Employee Training, Employer Responsibilities, Executive Orders, Governor Murphy

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Commission Adopts European Defence Industrial Strategy Proposing Additional Funding for Defence Responsiveness

Introduction - On 5 March, the European Commission (Commission) adopted the European Defence Industrial Strategy (EDIS) and proposed a regulation establishing the European Defence Industry Programme (EDIP)…more

Defense Sector, EDIS, EU, European Commission, Financial Services Industry

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FTC Announces New HSR Notification Thresholds and Filing Fees for 2024

On 22 January 2024, the Federal Trade Commission (FTC) announced new, increased thresholds and filing fees for transactions requiring premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as…more

Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications, Size of Persons Test

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Global Food, Drug and Medical Device Newsletter

In this issue: Legislative Updates: - (i) USA - (ii) EU - (iii) China - (iv) Australia - (v) Japan. - Featured Articles: - (i) Caffeinated Energy Drinks - a Global Perspective - (ii)…more

Advertising, Animal Testing, Australia, Cosmetics, Energy Drinks

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Biden Administration Seeks Input on AI Risks and Opportunities

The Biden administration is stressing its interest in the rapid adoption of policies to shape the development and adoption of artificial intelligence (AI) technologies. The White House Office of Science and Technology Policy…more

Artificial Intelligence, Biden Administration, Machine Learning, National Security, Public Comment

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BOEM Issues Final Sale Notice for Offshore Wind Lease Areas in Carolina Long Bay

The Bureau of Ocean Energy Management (BOEM) will hold its next offshore wind lease auction on 11 May 2022, for two lease areas in the Carolina Long Bay. The lease areas comprise 110,091 acres off the coast of North and South…more

BOEM, California, Offshore Wind, Renewable Energy, Supply Chain

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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COVID-19: (Australia) Illegal Therapeutic Goods Advertising and COVID-19

*This information is accurate as of 1.30 pm Wednesday 25 March 2020 and is subject to change as this situation evolves. The Therapeutic Goods Administration (TGA) has issued a warning to businesses and consumers about the false…more

Advertising, Australia, Coronavirus/COVID-19, Infectious Diseases

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Litigation Minute: California Session Replay Litigation Update (Session Replay Series: Part Three of Four)

What You Need To Know In A Minute Or Less - Session replay generally refers to a common analytics tool that captures certain website activity data—such as mouse movements, clicks, and page visits—and then reconstructs this data…more

CIPA, Electronic Monitoring, Invasion of Privacy, Web Tracking, Websites

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Surprise Billing Regulations: Impact on Out-of-Network Providers

On 1 July 2021, the United Stated Office of Personnel Management, and the Departments of the Treasury, Labor, and Health and Human Services (collectively, the Departments) issued an Interim Final Rule (the IFR) implementing the…more

Affordable Care Act, Health Care Providers, Health Insurance, Out of Network Provider, Surprise Medical Bills

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The Impact of the Law Decree "Decreto Sostegni Bis" (DL n. 73/2021) on Raw Materials Price Contracts and Public Tenders

The gradual alleviation of the COVID-19 emergency brought about the gradual resumption of business activities and the recovery of various sectors, which had been inactive for a long period. This has resulted in a boom in demand…more

Fixed Price, Italy, Public Contracts, Steel Industry

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IRS Issues Section 1446(f) Final Regulations

On 7 October 2020, the Treasury Department and the Internal Revenue Service (IRS) released final regulations under Code Section 1446(f) (the Final Regulations), which clarify aspects of the withholding requirements with respect…more

IRS, Partnerships, Popular, Tax Cuts and Jobs Act, Transfer of Interest

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Hub Talks: Sustainable Outlook: Powering the Green Grid With Janice Lin of Strategen and the Green Hydrogen Coalition

Janice Lin, founder and CEO of impact-driven consulting firm Strategen–and founder and president of the Green Hydrogen Coalition–has witnessed firsthand the recent, significant changes to the renewable energy market in the…more

Clean Energy, Energy Sector, Hydrogen Power, Infrastructure, Renewable Energy

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New Illinois Laws for 2024 Affecting Real Estate

Illinois has passed a number of laws effective 1 January 2024 that impact commercial real estate and development. These new laws range from new requirements for residential landlords, first of its kind electric vehicle…more

Condominiums, Electric Vehicles, Homeowners Association (HOA), Illinois, Infrastructure

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Patent Office Propounds New Post-Prosecution Pilot Program

On Monday, July 11, 2016, the U.S. Patent and Trademark Office (PTO) launched its new Post-Prosecution Pilot Program, or “the P3.” The P3 is designed to test its impact on enhancing prosecution after a final office action but…more

Patent Trial and Appeal Board, Proposed Amendments, USPTO, USPTO Pilot Program

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UK and EU Sanctions Update–April 2024

The following alert provides an update on recent sanctions developments, including: The publication of the UK government’s first sanctions strategy. The announcement of over 50 new sanctions. Measures to strengthen the Oil…more

Asset Freeze, Economic Sanctions, EU, Export Controls, Exports

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SEC Adopts Final Rules Regarding SPACs and De-SPAC Transactions to Impose Additional Disclosure and Reporting Requirements

On 24 January 2024, the US Securities and Exchange Commission (SEC), by a 3-to-2 vote, adopted the long-awaited final rules regarding special purpose acquisition companies (SPACs), shell companies, and projections. The final…more

Disclosure Requirements, Initial Public Offering (IPO), Investment Company Act of 1940, Reporting Requirements, Securities and Exchange Commission (SEC)

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Shortcuts on the Patent Prosecution Highway

The Patent Prosecution Highway (PPH) is a program that allows applicants to leverage allowable claims in one participating office to obtain a patent faster and more efficiently for corresponding claims in another participating…more

Foreign Patent Applications, Patent Cooperation Treaty, Patent Prosecution Highway, USPTO

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Phishing Season Opens for 2016 Tax Filings – Beware of “W-2 Phishing Scams”

Tax season brings many headaches, but none as miserable as sophisticated scammer efforts to steal employee W-2 information. Using social engineering and modest technological tools, a “spear phishing” attack seeks to trick…more

Cybersecurity, Email, Human Resources Professionals, Identity Theft, IRS

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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11th Amendment to the German Competition Act (GWB): New Powers of Intervention for the Bundeskartellamt Creating New Challenges for Companies

A Reform to Strengthen Competition - After publication on 6 November 2023, the long awaited latest reform of German competition law has finally entered into force. Germany’s Vice Chancellor and Federal Minister for Economic…more

Antitrust Provisions, Competition, Digital Marketplace, EU, Germany

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Prepared for the Border Adjustment Tax? A U.S. and Global Perspective

K&L Gates' Global Tax Group has been monitoring the potential impact of the Border Adjustment Tax (BAT) across a number of jurisdictions. In our 14 February 2017 update, we commented that issues regarding the legality of…more

Border Adjustment Taxes, Border Tax, Corporate Taxes, Double Taxation, GATT

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The Property Law Act 2023 Introduces Major Reforms

Key Points - The Property Law Act 2023 (the New Act) was passed on 25 October 2023. It will likely receive Royal Assent in the next week and will commence on a date set by proclamation (to be announced soon)…more

Australia, Commercial Property Owners, Deeds, Disclosure Requirements, Leases

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Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk

There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former'…more

Business Assets, Confidential Information, Former Employee, Intellectual Property Protection, Risk Mitigation

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IRS Issues Section 1446(f) Final Regulations

On 7 October 2020, the Treasury Department and the Internal Revenue Service (IRS) released final regulations under Code Section 1446(f) (the Final Regulations), which clarify aspects of the withholding requirements with respect…more

IRS, Partnerships, Popular, Tax Cuts and Jobs Act, Transfer of Interest

See all updates »

COVID-19: COVID-19 Considerations: Compensation Topics

In the wake of the COVID-19 pandemic and the resulting economic uncertainty, many employers are searching for ways to be financially prepared in the weeks and months to come while simultaneously balancing the well-being of their…more

CARES Act, Compensation & Benefits, Coronavirus/COVID-19, Deferred Compensation, Employee Benefits

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The False Claims Act and Health Care: 2022 Recoveries and 2023 Outlook

On 7 February 2023, the US Department of Justice (DOJ) publicly reported the statistics for federal civil fraud recoveries in Fiscal Year (FY) 2022. While the DOJ emphasized in its accompanying press release that “the government…more

Department of Justice (DOJ), False Claims Act (FCA), Fraud, Health Care Providers, Healthcare Fraud

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Master in Chancery Dismissive of Fiduciary Seeking Dismissal, Applies Familiar 12(b)(6) Standard

In Hill et al. v. Myers et al., C.A. No. 2018-0160 (Del. Ch. June 15, 2020), Master in Chancery Selena Molina (“Master”) issued a final report, recommending the Court of Chancery deny defendant’s (decedent’s close friend and…more

Breach of Duty, Fiduciary Duty, Heirs, Intestate Succession, Motion to Dismiss

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SEC Proposes Summary Prospectus Rule for Variable Annuity and Variable Life Insurance Contracts

Executive Summary - In a significant step toward improving variable insurance product (“VIP”) disclosure, the U.S. Securities and Exchange Commission (“SEC”), on October 30, 2018, proposed a new rule (the “Summary Prospectus…more

Insurance Industry, Investors, Life Insurance, Mutual Funds, Securities and Exchange Commission (SEC)

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In a Section 262 Appraisal Rights Proceeding, Chancery Court Accepts a Modified Version of Petitioners' Valuation of a Merging Company's Stock

In Manichaean Capital, LLC, et al. v. SourceHOV Holdings, Inc., C.A. No. 2017-0673-JRS (Del. Ch. January 30, 2019), certain minority stockholders of a merging company filed a petition with the Delaware Court of Chancery (the…more

Appraisal, Delaware General Corporation Law, Mergers, Section 262, Shareholder Rights

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Global Survey of ESG Regulations for Asset Managers

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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The SEC Delivers A+ Effort: New Rules Designed to Breathe Life into Regulation A

On March 25, 2015, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) adopted final rules that amend Regulation A, which provides an exemption for certain offerings of securities from the registration…more

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Opportunity Zone Proposed Regulations Provide the Certainty Anxious Investors, Developers, and Entrepreneurs Have Been Seeking

Long-awaited guidance expected to trigger a surge of green-lighted projects as investors race to meet holding periods, creating competition for investment dollars and desirable OZ developments and businesses - The Department…more

Capital Gains, Economic Development, Housing Developers, Low-Income Issues, Opportunity Zones

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German Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG)

A comprehensive change to German insolvency and restructuring law has become effective starting 1 January 2021. The change allows that a company's reorganization is possible without insolvency and includes the majority decision…more

Coronavirus/COVID-19, Creditors, Debt Restructuring, Debtors, Germany

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President Biden Issues Executive Order Restricting Bulk Transfers of Sensitive Personal and US Government-Related Data

On 28 February 2024, President Biden issued Executive Order 14117 of February 28, 2024, Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern (EO) aimed at…more

Biden Administration, Data Collection, Data Storage, Data Transfers, Data-Sharing

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Health System Cybersecurity Risks: Part Two

In this two-part Triage series, Gina Bertolini, Sarah Carlins, and Jianne McDonald analyze two recent HHS initiatives that address cybersecurity risks to hospitals and health systems nationwide. Cybersecurity events involving…more

Cybersecurity, Data Security, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Distressed Solutions: The Global Reach of the US Bankruptcy Code and Litigation Between Financial Institutions

“Only in New York” can cover a lot of ground, but there are certain types of cases that you will likely only see in the Southern District of New York. Listen in as John Bicks (New York) and Robert Honeywell (New York) tell host…more

Banking Sector, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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FY2025 Budget Supports Biden Administration's Focus on Fairness in the Tax Code

Overview - On Monday, 11 March 2024, the Biden administration released the president’s budget request (PBR) for fiscal year 2025 (FY2025), as well as the “Greenbook” containing explanations of the various revenue proposals in…more

Biden Administration, Capital Gains, Excise Tax, Federal Budget, GILTI tax

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Federal Court Rules Work Generated by Artificial Intelligence Alone Is Not Eligible for Copyright Protection

As more individuals and businesses are seeking to take advantage of artificial intelligence to generate written and visual content, it is important to understand the scope of copyright protection that might ultimately be…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Dispute Resolution

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Where's the Harm in Class Certification? The United States Supreme Court Confirms: It Must Be in Plaintiffs' Evidence

During the week of 21 June 2021, the United States Supreme Court issued two decisions that ultimately remove any doubt that class representatives must present class-wide evidence of harm at the class-certification stage,…more

Arkansas Teacher Retirement System v Goldman Sachs Group, Burden of Proof, Class Action, Class Certification, Class Members

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Litigation Minute: New Year's (Dispute) Resolutions - A Look Ahead at Litigation Trends in 2023

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As we enter into 2023, our team is focused on our own list of resolutions. Like traditional goals for the new year, our priorities revolve around well-being, productivity, and personal…more

Climate Change, Dispute Resolution, Environmental Litigation, Environmental Social & Governance (ESG), Web Tracking

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What's Been Missing: District Court Orders the Government to Produce Complete Universe of Claims in Provider's Due Process Challenge to Extrapolated Overpayment

On 5 March 2024, in an issue of first impression in the District of South Carolina, a district court judge overseeing judicial review of a final agency decision in a Medicare claims appeal ordered the Government to complete the…more

Administrative Record, Auditors, Centers for Medicare & Medicaid Services (CMS), Due Process, Health Care Providers

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A Deep Dive into Money Market Fund Liquidity Fees

Executive Summary - On 12 July 2023, the Securities and Exchange Commission (the SEC) adopted amendments to Rule 2a-7 under the Investment Company Act of 1940, as amended (the 1940 Act) (the Final Rule), which governs the…more

Asset Management, Investment Company Act of 1940, Liquidity Fees, Money Market Funds, Securities and Exchange Commission (SEC)

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COVID-19: Implications on M&A Transactions

As the spread of COVID-19 continues to accelerate throughout the world and the financial markets experience increasing amounts of turmoil, companies engaged in mergers and acquisitions are grappling with increased risk and…more

Acquisition Agreements, Acquisitions, Closing Documents, Coronavirus/COVID-19, Due Diligence

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CFPB Aiming to Oversee Digital Payments

In late 2023, the Consumer Financial Protection Bureau (CFPB) proposed a rule that would subject nonbank fintech companies to the CFPB’s authority. The CFPB articulated that it intends the rule to “level the playing field”…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Digital Assets, Financial Services Industry

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COVID-19: Insurance Policy Considerations for Higher Education Institutions

Colleges and universities across the country have been hit hard by the coronavirus (“COVID-19”) pandemic. In an effort to stop the spread of the virus, many higher education institutions have moved classes online, closed…more

Business Interruption, Colleges, Coronavirus/COVID-19, Educational Institutions, Event Cancellation

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Federal Court Rules Work Generated by Artificial Intelligence Alone Is Not Eligible for Copyright Protection

As more individuals and businesses are seeking to take advantage of artificial intelligence to generate written and visual content, it is important to understand the scope of copyright protection that might ultimately be…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Dispute Resolution

See all updates »

New Washington State Nonprofit Corporation Act Revitalizes Law Governing Nonprofit Corporations

Effective for most purposes on 1 January 2022, a new state law overhauls and reforms the governance landscape for nonprofit corporations in the state of Washington. Replacing existing Chapter 24.03 RCW (the “Current Act”) in its…more

Charitable Organizations, Dissolution, Electronic Communications, Nonprofits, Washington

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WA Regulation of Performance Security in Contracts

All participants in the construction industry should be aware of legislative provisions that apply to performance security in more recent construction contracts for projects in Western Australia. The changes create new…more

Australia, Construction Contracts, Construction Industry, Construction Project, Notice Requirements

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Water Regulation in the Western States: California's 2023 Legislative Proposal Highlights

An ongoing, historic drought in California has compelled California state legislators to rethink the state’s long-standing treatment of water rights. While the recent heavy snowpack and wet spring and summer have alleviated the…more

California, Drought, Groundwater, Legislative Agendas, Water

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Pennsylvania DEP Publishes Final Interim Environmental Justice Policy

The Pennsylvania Department of Environmental Protection (DEP or the Department) has issued a new environmental justice (EJ) policy (Interim Final EJ Policy)—published as an interim final policy effective on 16 September…more

Environmental Justice, Environmental Policies, Pennsylvania, Permits

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March 2024 ESG Policy Update—Australia

Australian Update - Australian Securities and Investments Commission Continues Greenwashing Enforcement Efforts - On 28 February 2024, the Australian Securities and Investments Commission (ASIC) reported that an outsourced…more

ASIC, Australia, Climate Change, Corporate Governance, Corporate Social Responsibility

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Luxembourg Modernises Its Insolvency Legislation

On 19 July 2023, the parliament of the Grand Duchy of Luxembourg (Luxembourg) passed bill no. 6539A into law (the New Insolvency Law), marking a significant milestone in the movement to modernise and enhance the competitiveness…more

Commercial Bankruptcy, Corporate Restructuring, Debt Restructuring, Distressed Debt, EU

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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The Law Commission Review of the Arbitration Act 1996

Introduction - The Law Commission of England and Wales has published a Consultation Paper (the Paper) setting out its provisional proposals to update the Arbitration Act 1996 (the Act), applicable to arbitrations seated in…more

Arbitration, Arbitrators, International Arbitration, UK

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COVID-19: Update to the Amendments of the German Insolvency Act

Both the German federal government and various German federal states are pushing ahead with packages of measures to mitigate the as-yet-unforeseeable economic consequences of the COVID-19 pandemic. This client information is…more

Coronavirus/COVID-19, Creditors, Germany, Insolvency, Relief Measures

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The Threat of Disclosure of Proprietary Information Under the California Public Records Act

Companies responding to requests for proposal (“RFPs”) or contracting with California state or local governmental agencies need to be aware of the special pitfalls posed by the California Public Records Act (“PRA”)…more

Public Records, Request For Information

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The Decision of the International Court of Justice in Certain Iranian Assets

Implications for the Enforcement of Investor-state Arbitration Awards Arising From the Application of International Sanctions Against Russia - On 30 March 2023, the International Court of Justice (ICJ) issued its judgment in…more

Economic Sanctions, Foreign Investment, International Arbitration, Investor-State Arbitration, Iran

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COVID-19: Distressed M&A in the Era of a Pandemic -- Part 3

INTRODUCTION - Part 1 of this distressed M&A series addressed the unique aspects of acquiring distressed companies as compared to financially healthy companies…more

Coronavirus/COVID-19

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The SEC Limits the Internet Adviser Exemption

Brief Overview - On 27 March 2024, the US Securities and Exchange Commission (SEC) adopted amendments (the Amendments) to Rule 203A-2(e) under the Investment Advisers Act of 1940 (Advisers Act). Rule 203A-2(e) is commonly known…more

Asset Management, Compliance, Form ADV, Internet, Investment

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European Commission Responds to ESA's Questions on the Interpretation of SFDR, Including with Respect to the Definition of "Sustainable Investments"

On 14 April, the long-awaited responses (the Q&As) of the European Commission (the Commission) to questions put to it by the European Supervisory Authorities (the ESAs) in relation to the interpretation of the Sustainable…more

Asset Management, Disclosure Requirements, Environmental Social & Governance (ESG), EU, European Commission

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2024 Tax and Estate Planning Opportunities

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

Estate Planning, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Inheritance Tax

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EEOC Proposes Rules to Implement the Pregnant Workers Fairness Act

On 11 August 2023, the US Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA), a new law that protects the rights of pregnant and…more

Americans with Disabilities Act (ADA), Employer Responsibilities, Equal Employment Opportunity Commission (EEOC), NPRM, Pregnancy

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Hypersonic Technology

The Department of Defense (DOD) and Congress are seeking an aggressive track for hypersonic technology development. After more limited funding in previous years, the FY2021 budget request for all hypersonic-related research was…more

Department of Defense (DOD), Technology Sector

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COVID-19: Considering the Wider Implications of the FCA's Test Case

The Financial Conduct Authority v Arch Insurance and Others [2020] EWHC 2448 (Comm) - BACKGROUND TO THE TEST CASE - In June 2020, the FCA issued proceedings against a group of insurers in a test case designed to clarify the…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, UK

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Excess Policies at Issue Deemed Not to Attach Absent Actual Payment of the Amount of Underlying Limits by Either the Insured or its Underlying Insurers

Policyholders contemplating insurance coverage settlements with low-level insurers should use caution to preserve their ability to access higher-level excess policies. Excess insurers are increasingly disputing that underlying…more

Asbestos, Chapter 11, Consumer Bankruptcy, Insurance Industry

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ESG–Australia – Consultation Material for the 5th Edition of the Corporate Governance Council Principles and Recommendations Released

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and…more

Annual Reports, Australia, Australian Securities Exchange (ASX), CEOs, CFOs

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Litigation Minute: Ethylene Oxide—Could Your Company Be a Litigation Target? (Ethylene Oxide Series: Part Two of Four)

What You Need To Know In A Minute Or Less - Based largely on publicly available data from the U.S. Environmental Protection Agency (EPA), plaintiffs have been filing an increasing number of personal-injury and class-action…more

Chemicals, Class Action, Dispute Resolution, Environmental Protection Agency (EPA), Risk Mitigation

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Biometric Privacy Statutes and Insurance Coverage: Recent Developments in Illinois and the National Landscape

Introduction - Disputes between insurers and their policyholders relating to insurers’ coverage obligations in biometric privacy-related litigation are on the rise. Over the past year, insurers have commenced a number of…more

Biometric Information, Biometric Information Privacy Act, Illinois, Insurance Industry, Policy Terms

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

See all updates »

Whistleblowing: Upcoming Obligations for Companies

As is well known to many, the EU Directive no. 2019/1937 required EU member states to fully regulate whistleblowing procedures. Whistleblowing: What is it About? The term whistleblowing commonly refers to the disclosure by an…more

Confidentiality Policies, Employer Responsibilities, EU, European Commission, Noncompliance

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The SEC's New Private Fund Adviser Rules: A Guide to Compliance (Updated)

On 23 August, the US Securities and Exchange Commission adopted new rules and rule amendments that will impose substantial regulation on the management and operation of private funds by investment advisers. The Guide to…more

Asset Management, Audits, Compliance, Disclosure Requirements, Fund Managers

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Following Sackett, Another New Final WOTUS Rule

Responding to the US Supreme Court’s landmark decision in Sackett v. EPA, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) published a final rule (Sackett Rule), effective 8 September 2023,…more

Clean Water Act, Environmental Protection Agency (EPA), Sackett v EPA, US Army Corps of Engineers, Waters of the United States

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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Biometric Claims by Workers Covered by Collective Bargaining Agreements are Preempted in Illinois

Agreeing with earlier decisions by the United States Court of Appeals for the Seventh Circuit, the Illinois Supreme Court recently held in Walton v. Roosevelt University that federal labor law preempts employee claims for…more

Biometric Information, Biometric Information Privacy Act, Collective Bargaining, Illinois, Timekeeping

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Advanced Air Mobility: Busy Skies Ahead

There are busy skies ahead for Australian airspace according to the recently released "Aviation Green Paper: Towards 2050" (Green Paper) by the Department of Infrastructure, Transport, Regional Development, Communication and the…more

Airlines, Australia, Aviation Industry, Tourism, Transportation Industry

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New Disclosure Requirements for Your Form 10-K

After a prolific year of rulemaking for the US Securities and Exchange Commission (SEC), public companies need to be aware of new disclosure requirements for their upcoming Form 10-K filings for the fiscal year ended 31 December…more

Capital Markets, Corporate Governance, Cybersecurity, Disclosure Requirements, Form 10-K

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Federal Court Clarifies Requirements of Section 561 of the Corporations Act

In Saker, in the matter of Great Southern Limited [2014] FCA 771 (Saker) the Federal Court considered the question of whether liquidators are trustees of funds said to be held for priority employee creditors, pursuant to section…more

Australia, Commercial Bankruptcy, Liquidation

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BTR Series Part 8: BTR and Sustainability—An Opportunity to Drive Decarbonisation in the Built Environment

In Part 8 of our build to rent (BTR) series, we highlight the significant opportunity for new build residential developments to adopt sustainability and energy efficiency initiatives in the BTR market in Australia and help drive…more

Australia, Carbon Emissions, Electricity, Energy Efficiency, Housing Developers

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Court of Chancery Defers to Board of Director’s Business Judgment in Response to Stockholder’s Dividend Demand

In Buckley Family Trust v. Charles Patrick McCleary, et al. (C.A. No. 2018-0903-AGB), the Delaware Court of Chancery (the “Court”) granted defendants’ motion to dismiss a stockholder’s claims to compel the company to pay a…more

Dividends, Shareholders

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New FDA Draft Guidance Aiming To Prevent Drug Shortages Will Affect Pharmaceutical Manufacturers

The U.S. Food and Drug Administration (FDA) has taken formal steps to prevent and mitigate drug shortages for over a decade. While the problem predates the COVID-19 pandemic, the pandemic presented potential new challenges for…more

CARES Act, Food and Drug Administration (FDA), Manufacturers, Medical Devices, Pharmaceutical Industry

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Brussels Regulatory Brief: March 2024

Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8 billion…more

Anti-Competitive, Antitrust Provisions, Apple, Artificial Intelligence, Competition

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Houston Bankruptcy Court Holds Midstream Gathering Agreements Cannot Be Rejected As Executory Contracts

On November 8, 2019, Alta Mesa Resources, Inc. (“Alta Mesa”) and Kingfisher Midstream, LLC (“Kingfisher”) crossed swords, each party filing dueling motions for summary judgment in the United States Bankruptcy Court for the…more

Bankruptcy Court, Commercial Bankruptcy, Debtors, Oil & Gas

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Brexit Update

Our original political update was going to be more general in nature covering the turbulent state of British politics and the UK Prime Minister's "Do or Die" determination to leave the EU on 31 October with or without a deal…more

EU, Member State, No-Deal Brexit, UK, UK Brexit

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IRS Issues Section 1446(f) Final Regulations

On 7 October 2020, the Treasury Department and the Internal Revenue Service (IRS) released final regulations under Code Section 1446(f) (the Final Regulations), which clarify aspects of the withholding requirements with respect…more

IRS, Partnerships, Popular, Tax Cuts and Jobs Act, Transfer of Interest

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Biden Administration Seeks Input on AI Risks and Opportunities

The Biden administration is stressing its interest in the rapid adoption of policies to shape the development and adoption of artificial intelligence (AI) technologies. The White House Office of Science and Technology Policy…more

Artificial Intelligence, Biden Administration, Machine Learning, National Security, Public Comment

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Client Conversations With Craig Budner: Interview With Casey Kaplan, Head of Global Compliance at Nike

Casey Kaplan, a K&L Gates alum, is the head of compliance at Nike where he currently serves as the senior legal director of global ethics and compliance. In this episode of Client Conversations With Craig Budner, Casey and Craig…more

Anti-Corruption, Career Development, Compliance, Corporate Counsel, Corporate Social Responsibility

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Ninth Circuit Finds That Costco Is Not Just a Retailer, but Actively Competes With Wholesalers With Respect to Robinson-Patman Price Discrimination Claims

Price discrimination under the Robinson-Patman Act (RPA) involves charging different prices to competing buyers for the same product. This was the key issue recently before the Ninth Circuit in U.S. Wholesale Outlet & Distrib…more

Costco, Price Discrimination, Retail Market, Retailers, Robinson-Patman Act

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Prospective and Retrospective Implications of the Jimmo Settlement Agreement for Skilled Care Providers

On January 24, 2013, the U.S District Court for the District of Vermont approved a Settlement Agreement in the so-called Medicare Improvement Standard case, Jimmo v. Sebelius. In addition to its impact on Medicare reimbursement,…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Medicare, Settlement, Skilled-Care Providers

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Socially Responsible, ESG, and Impact Investing: 2019 San Francisco Investment Management Conference

TRENDS IN ESG, SRI AND IMPACT INVESTING - - Investors are increasingly focused on Environmental, Social and Governance Issues (ESG), Socially Responsible Investing (SRI) and Impact Investing - Global Sustainable Investing…more

Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG), Greenwashing, Investors

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OCC Proposes Changes to Merger Review Process

Introduction - On 29 January 2024, the Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking (NPR) regarding its review of Bank Merger Act (BMA) applications. The NPR was released immediately…more

Banking Sector, Department of Justice (DOJ), FDIC, Federal Trade Commission (FTC), Financial Services Industry

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U.S. Supreme Court Allows Booking.com to Register Its Domain Name as a Trademark

On 30 June 2020, the U.S. Supreme Court held in U.S. Patent and Trademark Office v. Booking.com B.V. that “Booking.com” is eligible for trademark registration because consumers do not perceive “Booking.com” as a generic name…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

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Washington, D.C.'s Office of the Deputy Mayor for Planning and Economic Development Proposes Rules to Implement Downtown Real Property Tax Abatement Legislation

On 26 January 2024, Washington, D.C.’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) published a Notice of Proposed Rulemaking to implement tax abatements to be made available to developers of…more

Commercial Property Owners, Community Development, Economic Development, Housing Developers, NPRM

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COVID-19: (Australia) COVID-19 Business Interruption Claims May Not be Subject to Pandemic Exclusions

SUMMARY - There was bad news for insurers seeking to exclude business interruption claims arising from COVID-19 last week when the NSW Court of Appeal held on 18 November 2020 that certain policies, with outdated exclusion…more

Australia, Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Corporate Counsel

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SEC Proposes Custody Rule Overhaul With Broad Implications for Investment Advisers, Custodians, and Independent Public Accounting Firms

On 15 February 2023, the Securities and Exchange Commission (SEC) announced a proposed overhaul of the custody framework for SEC-registered investment advisers (investment advisers). The proposed reforms—which would amend and…more

Custody Rule, Investment Adviser, Investment Advisers Act of 1940, Securities and Exchange Commission (SEC)

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Peer-to-Peer Lending Platforms: Securities Law Considerations

Peer-to-peer lending platforms, as their name suggests, allow borrowers to use a web-based platform to borrow money funded by other platform users rather than using the more traditional route of borrowing directly from a bank or…more

Peer-to-Peer, Private Placements, Regulation D, Securities Act of 1933, Securities and Exchange Commission (SEC)

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PEOs–The European Perspective

Professional employer organizations (PEOs) are third-party organizations engaged by companies, usually domiciled in one country, to directly employ individuals based in another country. Such arrangements are being increasingly…more

Employment Contract, EU, Professional Employer Organization, Staffing Agencies, UK

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Workplace Wrap - June 2023

As we approach 1 July 2023, a number of the key financial thresholds relating to employees will increase. We have prepared a handy key thresholds table for the 2023/2024 financial year for employers. Click here to view the key…more

Australia, Employer Responsibilities, Fair Work Commission, Minimum Salary, Minimum Wage

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Business Method Patents in Australia: Mere Computer Implementation Not Enough

On 10 November 2014, the Australian Full Federal Court (Court) held that a method of creating an index of securities using a standard computer was a 'scheme', and hence, not a patentable invention within section 18(1)(a) of the…more

Australia, Covered Business Method Patents, Patents, Popular

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Cleared for Landing: Aviation Newsletter

Cleared for Landing highlights significant developments and issues relating to aviation law and asset finance globally and is published jointly by our Aviation Industry and Banking & Asset Finance practice groups. This issue…more

Aircraft, Aircraft Financing, Airports, Airspace, Aviation Industry

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Brussels Regulatory Brief: March 2024

Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8 billion…more

Anti-Competitive, Antitrust Provisions, Apple, Artificial Intelligence, Competition

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Hedging Disclosure Is Here: SEC Adopts Final Rules

On December 18, 2018, the Securities and Exchange Commission (the “SEC”) adopted final hedging disclosure rules, which were initially proposed more than three years ago, as directed by Section 955 of the Dodd-Frank Wall Street…more

Disclosure Requirements, Dodd-Frank, Final Rules, Hedging, Regulation S-K

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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COVID-19: Working Wise: Federal Government to Require Employers and Federal Contractors to Mandate Employee Vaccination or Weekly Testing

Bryan Cantrell summarizes the White House’s recent announcements directing the Occupational Safety and Health Administration to issue an Emergency Temporary Standard requiring employers with 100 or more employees to mandate…more

Biden Administration, Coronavirus/COVID-19, Employer Mandates, Executive Orders, Federal Contractors

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Cybersecurity Lessons Learned From the FTC’s Enforcement History

In 2014, cybersecurity and data breach incidents regularly made the headlines, with the reported breaches becoming increasingly large and complex. As in the past, these data breaches have inevitably been followed by a flurry of…more

Cybersecurity, Data Breach, Enforcement Actions, Federal Trade Commission (FTC)

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Court of Chancery's Increased Scrutiny of Non-Bankruptcy Liquidations

Background - Delaware has seen a significant uptick in the number of assignment for the benefit of creditors (ABC) filings. Through recent decisions, the Court of Chancery has sent a strong message that it expects parties…more

Bankruptcy Code, Creditors, Delaware, Disclosure Requirements, Dispute Resolution

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DOJ Makes Early-Decision to Take Elite Colleges and Universities to School

The Department of Justice (“DOJ”) is currently investigating to what extent colleges and universities communicate with each other about prospective students that apply through the early decision process. While it is still…more

Antitrust Division, Colleges, Department of Justice (DOJ), FERPA, Student Records

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Government Releases New Transfer Pricing Measures to Attack Multinationals

On 13 February 2013, the Federal Government introduced legislation into Parliament that will significantly broaden the circumstances in which Australia's transfer pricing rules may be applied. The legislation will come into…more

Arm's Length Principle, Multinationals, Mutual Agreement Procedure, OECD, Required Documentation

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With CCPA Looming on the Horizon, Congress Continues Its Push for Privacy Legislation

Those hoping California lawmakers might delay or significantly narrow the scope of the California Consumer Privacy Act (“CCPA”) before it takes effect on January 1, 2020, were disappointed last week, when the legislature…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Health System Cybersecurity Risks: Part Two

In this two-part Triage series, Gina Bertolini, Sarah Carlins, and Jianne McDonald analyze two recent HHS initiatives that address cybersecurity risks to hospitals and health systems nationwide. Cybersecurity events involving…more

Cybersecurity, Data Security, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Brussels Regulatory Brief: March 2024

Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8 billion…more

Anti-Competitive, Antitrust Provisions, Apple, Artificial Intelligence, Competition

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New Washington State Nonprofit Corporation Act Revitalizes Law Governing Nonprofit Corporations

Effective for most purposes on 1 January 2022, a new state law overhauls and reforms the governance landscape for nonprofit corporations in the state of Washington. Replacing existing Chapter 24.03 RCW (the “Current Act”) in its…more

Charitable Organizations, Dissolution, Electronic Communications, Nonprofits, Washington

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ASIC Whistleblower Policy Requirements More Onerous but 1 January Deadline Remains

WHAT HAS HAPPENED? ASIC has released Regulatory Guide 270 for Whistleblower Policies. Despite concerns raised that the Guide's requirements are onerous and will require companies to once again amend their policy to ensure…more

ASIC, Australia, The Corporations Act, Whistleblowers

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Congressional and Enforcement Priorities Related to Higher Education Issues

Colleges, universities, and their federally funded research centers must navigate a range of evolving legal challenges associated with changing technologies, increased frequency of cyberattacks, global expansions, and more…more

Colleges, Educational Institutions, Enforcement, Free Speech, Title IX

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SEC Issues Long-Awaited Climate Risk Disclosure Rule

Introduction - On Wednesday, 6 March 2024, the Securities and Exchange Commission (SEC) approved its highly anticipated final rules on “The Enhancement and Standardization of Climate-Related Disclosures for Investors” by a vote…more

Asset Management, Board of Directors, Climate Change, Corporate Governance, Disclosure Requirements

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Abu Dhabi Chamber of Commerce Launches New International Arbitration Centre With Updated Set of Rules

On 29 January 2024, the Abu Dhabi Chamber of Commerce launched a new arbitral institution called the Abu Dhabi International Arbitration Centre (Centre), branded as “arbitrateAD,” to replace the Abu Dhabi Commercial Conciliation…more

Arbitration, Arbitration Agreements, Dispute Resolution, International Arbitration, United Arab Emirates (UAE)

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Specific Language Not Required in New Jersey Arbitration Agreements Between Sophisticated Parties

In County of Passaic v. Horizon Healthcare Services, the New Jersey Appellate Division (the Appellate Division) clarified that arbitration provisions between sophisticated entities need not explicitly explain the implications of…more

Arbitration, Arbitration Agreements, Health Insurance, New Jersey

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The OCC’s Request for Comments and Discussion on the Future of Fintech Regulation

U.S.-based digital banking startups have raised more than $10 billion since 2010, and investment in financial technology (“fintech”) companies has surpassed $24 billion worldwide. These firms are attempting to disrupt the…more

Banking Sector, Comment Period, Financial Institutions, FinTech, Innovation

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Beauty and the Beast – A Tale of (Trade Mark Infringement) as Old as Time

IPEC has ruled over the recent dispute between Beauty Bay (claimant) and Benefit Cosmetics (defendant) which arose after Benefit sold a Christmas gift set contained in a globe shaped box displaying the words “Beauty and the…more

IPEC, Trademark Infringement, Trademark Litigation, Trademarks, UK

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The Italian Reform of Transport and Freight Forwarding Contracts

Introduction - On 14 January 2022, the reform of the Italian Civil Code (ICC) concerning transport and freight forwarding came into force. The reform was introduced by Article 30-bis of Law Decree no. 152 of 6 November 2021…more

Freight Forwarding, Italy, Motor Carriers, Surface Transportation

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D.C. Circuit Broadly Applies Attorney-Client Privilege to Internal Investigations

The attorney-client privilege broadly applies to communications made for the purpose of obtaining or providing legal advice. However, what if an internal investigation has multiple purposes, some of which are to provide legal…more

Appeals, Attorney-Client Privilege, Compliance, False Claims Act (FCA), Internal Investigations

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Halliburton II: Supreme Court Upholds Fraud on the Market Presumption, but Gives Securities Defendants a Fighting Chance at Defeating Class Certification

On June 23, 2014, the Supreme Court issued its highly-anticipated decision in Halliburton Co. v. Erica P. John Fund. The Court had accepted Halliburton for review to consider whether to overrule or substantially modify its…more

Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

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High Court Approves Amending Scheme for Orion and London and Overseas

On October 29, 2015, the High Court of Justice of England and Wales (“High Court”) issued an order (“Order”) approving an Amending Scheme of Arrangement (“Amending Scheme”) for two insolvent London Market insurers, OIC Run-Off…more

Bankruptcy Court, Insolvency, Insurance Industry, Scheme of Arrangement, UK

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Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk

There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former'…more

Business Assets, Confidential Information, Former Employee, Intellectual Property Protection, Risk Mitigation

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FTC Issues New Guidance, Warning That Bias In Artificial Intelligence Could Create Potential Liability For Enforcement Actions

On Monday, 19 April 2021, a Federal Trade Commission (FTC) blog post warned companies to ensure that their artificial intelligence (AI) does not reflect racial or gender bias, and it indicated that failure to do so may result in…more

Artificial Intelligence, Bias, ECOA, Enforcement Actions, Fair Credit Reporting Act (FCRA)

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The Property Law Act 2023 Introduces Major Reforms

Key Points - The Property Law Act 2023 (the New Act) was passed on 25 October 2023. It will likely receive Royal Assent in the next week and will commence on a date set by proclamation (to be announced soon)…more

Australia, Commercial Property Owners, Deeds, Disclosure Requirements, Leases

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Reminder – Time is Running Out to Obtain Your Director Identification Number (DIN)

There are a number of directors that will have until the deadline of 30 November 2022 to submit their applications to obtain a DIN. The deadline for submitting a DIN application differs according to the date on which the…more

Australia, Corporate Governance, Deadlines, Directors, The Corporations Act

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Brussels Regulatory Brief: November 2023

Antitrust and Competition - European Commission Approves Consolidation in the Ground Transportation Sector Subject to Remedies - The companies are two global suppliers of signalling systems for mainline and urban railway…more

Big Tech, Competition, Court of Justice of the European Union (CJEU), Economic Sanctions, EU

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Did the ECJ Kill the Safe Harbor Framework on E.U.-U.S. Data Transfers?

On October 6, 2015, the European Court of Justice (“ECJ”) ruled in the “Schrems” case that the U.S.-EU Safe Harbor framework on the transfer of personal data from Europe to the United States, was invalid. …more

Binding Corporate Rules, Cybersecurity, Data Protection Authority, Edward Snowden, EU Data Protection Laws

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Federal Circuit Confirms Cuozzo Does Not Disturb § 314(d) Bar on Appellate Review of PTAB Reconsideration of IPR Institutions

The Federal Circuit’s recent decision in Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., addressed the effect of the Supreme Court’s decision in Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131 (2016), on the issue of…more

Cuozzo Speed Technologies v Lee, Inter Partes Review (IPR) Proceeding, Medtronic, Patent Litigation, Patent Trial and Appeal Board

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American Law Institute Vote on Medical Monitoring Could Spur Increased "No-Injury" Claims

The American Law Institute is scheduled to vote shortly on a new proposed rule for its Restatement (Third) of Torts that would recognize a claim for medical monitoring, even in the absence of physical injury. Companies in all…more

Mass Tort Litigation, Medical Monitoring, Risk Management, Toxic Chemicals, Toxic Exposure

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Commercial Leases - First Semester 2023 Case Laws Digest

Commercial lease law is constantly evolving, with court rulings providing particularly interesting insights into the negotiation and management of commercial leases. Our selection of some of the High Court’s major decisions…more

Commercial Leases, Commercial Property Owners, French Commercial Code, Lessee, Rental Property

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Brussels Regulatory Brief: March 2024

Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8 billion…more

Anti-Competitive, Antitrust Provisions, Apple, Artificial Intelligence, Competition

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Chancery Court Rules that LLC Unit Buyout Provision Operated As a Call Option

In Kieran Walsh et al. v. White House Post Productions, LLC, et al., C.A. No. 2019-0419-KSJM (March 25, 2020), Plaintiffs Kieran Walsh and Francis Devlin brought claims for breach of contract, breach of the implied covenant of…more

Breach of Contract, Buyouts, Limited Liability Company (LLC)

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2023 ESG State Legislation Wrap Up

In January of 2021, Senate Bill 2291 was introduced into the North Dakota state senate. It was considered, adopted, and signed into law three months later in March of 2021. This bill was the first of what would become scores of…more

Asset Management, Corporate Counsel, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Services Industry

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20/20 Vision for the 2020 Global Low Sulfur Requirement for the Shipping Industry

Do We See Things Any More Clearly After the July 2018 IMO Intersessional Working Group Meeting? In our July 9, 2018, alert entitled “Do You Clearly See What’s Coming? Having 20/20 Vision For the New 2020 Global Low Sulfur…more

Maritime Transport, Shipping, Vessels

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High Court to Consider the Scope of a Liquidator's Lien

On 6 March 2014, the High Court of Australia (High Court) will consider in detail, for the first time since Re Universal Distributing Co Ltd (1933) 48 CLR 171, the circumstances in which a liquidator is entitled to claim a lien…more

Australia, Liens, Liquidation

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Pride and Prejudice: The Power of Apologies

The workplace is an environment where tempers can flare and conflicts arise between co-workers, employers and external parties. More often than not, a simple apology might defuse the tension and help bring the parties towards an…more

Hong Kong, International Labor Laws

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President Obama Signs Federal GMO Law, Preempts Vermont Law

On July 29, 2016, U.S. President Barack Obama signed into law the first U.S. federal law requiring food manufacturers and distributors to label products that contain genetically modified organisms (“GMO”).[1] The law requires…more

Bioengineering, Disclosure Requirements, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Labeling

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Chlormequat Contamination in Food Products Draws Attention

Food manufacturers should pay close attention to the recent developments surrounding chlormequat chloride (chlormequat), a chemical that plaintiffs claim has been detected in various food products sold in the United States…more

Consumer Product Companies, Contamination, Environmental Protection Agency (EPA), Food Contamination, Food Manufacturers

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COVID-19: Force Majeure in the State of Qatar

As COVID-19 continues to cause widespread disruption to commercial activity around the world, there is an increased focus on the effectiveness of contractual force majeure provisions and the availability of relief under…more

Affirmative Defenses, Breach of Contract, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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Guide: How to Enforce Intellectual Property Rights in China

This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright,…more

China, Copyright, Copyright Infringement, Intellectual Property Protection, Patents

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Arbitration World

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, China

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Federal Court Ruling Creates Possible Harbinger for Information Shared from Internal Investigations with the Government

Introduction - Privilege assertions and waivers are a hot area for internal investigations and government proffers. One burning question centers around whether a party may claim privilege over materials that it furnished to the…more

Attorney-Client Privilege, Corporate Counsel, Department of Justice (DOJ), Dispute Resolution, Government Investigations

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Be Ready When the Dragon Awakens—Breathing Fire Back Into Business: What You Need to Know if You Are Coming to China in 2023

What will you be doing on 8 January 2023? Many will head to the spa for National Bubble Bath Day, while others will be eating English toffee for National English Toffee Day. But for the thousands of businesses with investments…more

China, Corporate Taxes, Tax Benefits, Tax Treaty, Work Permits

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The Practical Effects of the Building Safety Act 2022

The first provisions of the Building Safety Act 2022 (BSA) came into force on 28 June 2022 and the remainder are expected to be implemented by October 2023. The BSA introduces a new regime governing the design, construction,…more

Construction Industry, Housing Developers, Real Estate Development, Safety Standards, UK

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SEC Proposes New Reporting Requirements for Registered Funds

On May 20, 2015, the Securities and Exchange Commission (“SEC”) proposed rules, forms and amendments under the Investment Company Act of 1940 (the “1940 Act”) and related regulations (together, the “Proposed Amendments”) that…more

Compliance, Disclosure Requirements, Form N-CEN, Form N-PORT, Investment Adviser

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UK Planning Legal Update 2016: What’s the Plan?

There is a huge momentum behind planning and housing reform as the UK government tries to tackle a chronic shortage of housing across the country. The Housing and Planning Bill, the Government’s flagship delivery legislation, is…more

Affordable Housing, Brownfield Properties, Construction Industry, Housing Market, Pending Legislation

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Foreign Financial Services Providers Update

UPDATE ON ASIC FOREIGN AFSL REGIME - It has now been over five months since the Australian Securities and Investments Commission (ASIC) commenced its foreign Australian Financial Services Licence (AFSL) regime…more

ASIC, Australia, Financial Services Industry

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Notification Requirement for Firms Claiming Compliance with the Global Investment Performance Standards (GIPS)

The GIPS Executive Committee has approved a new requirement, effective January 1, 2015, that any firm claiming compliance with GIPS must annually notify the CFA Institute of such claim by June 30. Each GIPS-compliant firm…more

Compliance, Investors, JOBS Act, Regulation D, Regulation S

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Reporting Entities Beware: AUSTRAC is Becoming More Active and Getting More Powers

There are good reasons to suspect that we may soon see increased enforcement action from the anti-money laundering and counter-terrorism financing (AML/CTF) regulator, Australian Transaction Reports and Analysis Centre…more

Anti-Money Laundering, AUSTRAC, Australia, Counter-Terrorist, FATF

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New Reporting Requirements for Incidents of Student Restraint or Isolation in Washington Public Schools

During the 2013 Legislative Session, the Washington State Legislature passed Engrossed Substitute House Bill 1688 (“ESHB 1688”), creating several new requirements for public school districts that utilize restraint or isolation…more

Discipline, Public Schools, Reporting Requirements, Restraints, Students

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Can Heads of Agreement That Are "Subject to Contract" Still Bind You?

Background - It is common practice for parties to property and business transactions (such as sales, purchases and leases) to sign a heads of agreement once an agreement has been reached in relation to the key commercial…more

Contract Formation, Due Diligence, Intent, Terms and Conditions

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Amendments to the Calculation Method for FDI Positions

Before offshore funds may be publicly offered and distributed in Taiwan, they must be registered with the Securities and Futures Bureau of the Financial Supervisory Commission (SFB). In order to be registered with the SFB, the…more

Derivatives, Foreign Investment, Investors, Offshore Funds, Registration

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Washington State Senate Bill 5998 Passed: REET Changes for 2020 and Beyond

New REET Rate Structure - Last week, the Washington State legislature passed Senate Bill 5998, resulting in a new graduated state rate scale for real estate excise taxes (“REET”). …more

Excise Tax, Real Estate Market, State Taxes, Tax Rates

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Arbitration World - April 2020

FROM THE EDITORS - Welcome to the 37th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Foreign Arbitration Clauses

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Health Care Triage: Value-Based Lessons Learned: Two Years Later, How Have Providers Utilized New AKS and Stark Flexibilities?

In this episode, Macy Flinchum talks with Limo Cherian and Steven Pine about some of the major takeaways, challenges, and successes that providers have experienced in navigating the new regulatory flexibilities for value-based…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, OIG, Physicians

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Second Circuit Rejects Use of Rule 67 to Moot Class Representative’s Claims

In Radha Geismann, M.D., P.C. v. ZocDoc, Inc., the Second Circuit declined to allow the defendant-appellee to moot a putative class action by depositing $20,000—in full settlement of the plaintiff-appellant’s individual…more

Affirmative Defenses, Appeals, Class Action, Class Certification, Class Representatives

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Cook County, Illinois and the City of Chicago Mandate New Paid Sick Leave Benefits

On July 1, 2017, two very similar ordinances regarding employee paid sick leave will become effective. One of these ordinances is the modified version of The Chicago Minimum Wage and Paid Sick Leave Ordinance (“Chicago…more

Employee Rights, Employer Liability Issues, Local Ordinance, Paid Leave, Paid Time Off (PTO)

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Paid Leave in France: New Rules Applicable

In a series of decisions given on 13 September 2023, the French Supreme Court has overruled its previous case law regarding the paid leave entitlements of employees who are absent from work as a result of sickness, an accident…more

Employees, EU, France, French Supreme Court, Paid Leave

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Just-Passed: Australian Offshore Electricity Infrastructure Bill

The Australian parliament recently endorsed the Offshore Electricity Infrastructure Bill 2021 (Bill) which will provide a framework for construction, operation, maintenance, and decommissioning of offshore electricity projects,…more

Australia, Electricity, Energy Sector, Infrastructure

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Formaldehyde - Why Manufacturers Should Be Paying Attention

Companies using formaldehyde in their operations should be aware of recent developments with the potential to substantially impact litigation concerning this substance. With regulations significantly reducing permissible levels…more

Environmental Protection Agency (EPA), Hazardous Substances, IRIS, Manufacturers, Toxic Chemicals

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‘Fitness for Purpose’ and Conflicting Obligations in Offshore Wind Projects

Two recent cases in the UK illustrate the tricky issues Employers and Contractors have to grapple with in defining the responsibilities of contractors involved in the construction of offshore wind projects. There are no…more

Construction Industry, Construction Project, Manufacturers, Manufacturing Defects, Product Defects

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Guide: How to Enforce Intellectual Property Rights in China

This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright,…more

China, Copyright, Copyright Infringement, Intellectual Property Protection, Patents

See all updates »

Television Broadcasts Limited v Communications Authority & Anor [2016] HKCU 222

On 29 January 2016, the Hong Kong Court of First Instance handed down its eagerly awaited judgment in a judicial review application brought by Television Broadcasts Limited (“TVB") against the Communications Authority (“CA”) and…more

Broadcasting, Competition, Hong Kong, Television Broadcast Stations

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U.S. Supreme Court Sides with Merchants in Credit Card Surcharge Case, But the Fight Isn’t Over Yet

On March 29, 2017, the U.S. Supreme Court ruled that a New York statute restricting credit card surcharges regulated commercial speech. Yet, Expressions Hair Design v. Schneiderman (No. 15-1391) did not decide whether such…more

Credit Card Surcharges, Debit and Credit Card Transactions, Expressions Hair Design v Schneiderman, First Amendment, Free Speech

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White Paper: OIG Finalizes New and Revises Existing AKS Safe Harbors and Creates New CMP Law Exception

On 2 December 2020, the Office of Inspector General (OIG) in the U.S. Department of Health & Human Services (HHS) issued a long-awaited final rule (the Final Rule or Rule). The Final Rule adds multiple new safe harbors, revises…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Cybersecurity, Department of Health and Human Services (HHS)

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The Door May Be Open, but the Ride Isn't Free: Seventh Circuit Allows Data Breach Class Action to Survive Pleading Stage but Signals Tough Road Ahead for Plaintiffs

In Dieffenbach v. Barnes & Noble, Inc., the Seventh Circuit allowed a data breach class action to survive the pleadings stage, including a challenge to the plaintiffs’ standing. At the same time, the Court indicated that the…more

Class Action, Corporate Counsel, Cybersecurity, Data Breach, Data Protection

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The Committee on Foreign Investment in the United States Sharpens Its Enforcement Edge: Proposed Regulatory Revisions Expand Penalty Authority

On 15 April 2024, the Treasury Department’s Office of Investment Security published a Proposed Rule to revise the regulations governing the Committee on Foreign Investment in the United States (CFIUS or the Committee). The…more

CFIUS, Civil Monetary Penalty, Enforcement, Foreign Acquisitions, Foreign Investment

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Methods of Genetic Testing Still Patentable

This afternoon the Federal Court handed down its highly anticipated decision in Meat & Livestock Australia Limited v Cargill, Inc [2018] FCA 51. The matter has attracted substantial media attention in Australia and generated…more

Australia, Genetic Materials, Patent Litigation, Patent-Eligible Subject Matter, Patents

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A Collaborative Approach to TCP Code Enforcement: Will it be Enough?

Overview - The Australian Communications and Media Authority (ACMA) and Communications Compliance (CommCom) entered into a five year Memorandum of Understanding (MOU) last week. CommCom is the telecommunications industry…more

ACMA, Memorandum of Understanding

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CMS Finalizes New Interoperability Rule Promoting Improvements to Prior Authorization Processes

On 17 January 2024, the Centers for Medicare & Medicaid Services (CMS) released a final rule outlining new interoperability and prior authorization requirements for certain payors (Final Rule). With the adoption of the Final…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Electronic Medical Records, Health Care Providers, Health Insurance

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Arbitration World

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, China

See all updates »

EU-Republic of Korea Adequacy Decisions Finalized

Following the conclusion of the adequacy talks in March 2021, the European Commission adopted on 17 December 2021 an adequacy decision addressing the transfers of personal data to the Republic of Korea under the General Data…more

Data Protection, EU, General Data Protection Regulation (GDPR), Korea, PIPA

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2021 Health Care Employment Law Year in Review

Health care-related employment laws became a prevalent topic in 2021—the year of the COVID-19 vaccination mandates. States and the federal government continued to adopt differing approaches on mandates affecting different…more

Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, OSHA, Reasonable Accommodation

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Reforming Australia's mineral and energy resource exploration sector

Removing unnecessary regulatory burdens - Recognising Australia's declining share of international energy and resources exploration investment, the Australian Government has commissioned its independent research and…more

Energy Exploration, Mineral Extraction, Natural Resources

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California Voters Approve (Another) Overhaul of California Consumer Privacy Laws: Meet the California Privacy Rights Act

For the second time in two years, California is preparing to revolutionize its consumer privacy law framework. California voters overwhelmingly voted in favor of Proposition 24, the California Privacy Rights Act (CPRA), in the 3…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy

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The BE-12 is Due May 31!

The 2017 Benchmark Survey of Foreign Direct Investment in the United States (the “BE-12”) must be filed with the Bureau of Economic Analysis (the “BEA”) by May 31, 2018. A response is required from entities subject to the…more

Affiliates, BEA, Foreign Direct Investment, Foreign Investment, Parent Corporation

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The White House Continues to Advance NEPA Reform with CEQ's Proposed NEPA Phase Two

The White House Council on Environmental Quality (CEQ) issued a proposed rulemaking on 31 July 2023 to implement Congress’s updates to the National Environmental Policy Act (NEPA) recently enacted in the Fiscal Responsibility…more

Biden Administration, CEQ, Environmental Impact Statements, Environmental Justice, Infrastructure

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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SEC Proposes New Requirements for Adviser Oversight of Service Providers

SUMMARY - On 26 October 2022, the Securities and Exchange Commission (SEC) proposed new Rule 206(4)-11 (the Proposed Rule) under the Investment Advisers Act of 1940 (Advisers Act) and related amendments (together with the…more

Asset Management, Investment Adviser, Investment Advisers Act of 1940, Investment Funds, Securities and Exchange Commission (SEC)

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Supreme Court’s Denial of Cert Preserves Safe Harbor for Madoff Victims

Yesterday, the Supreme Court denied two petitions for certiorari filed by Irving H. Picard—the Trustee for the estate of Bernard L. Madoff Investment Securities (“Madoff Securities”)—and the Securities Investor Protection…more

Bankruptcy Code, Bernie Madoff, Liquidation, Petition for Writ of Certiorari, Popular

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Saudi Arabia Looks Beyond Oil and Encourages Foreign Investment

Foreign investment in Saudi Arabia is anticipated to become easier following an announcement of a significant relaxation of ownership rules in the Kingdom which will enable foreign investors to own 100% of wholesale and retail…more

Foreign Investment, Investors, Oil & Gas, Saudi Arabia

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Solar Sukuk Lights the Way to Alternative Funding Sources: Australia, Indonesia and Malaysia Working Together

SGI-Mitabu, a joint venture of two Australian solar companies, The Solar Guys International and Mitabu Australia, has revived its plans to fund its Indonesian 250 megawatt solar project with Islamic compliant funding. The solar…more

Australia, Energy Projects, Energy Sector, Financing, Joint Venture

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Easy Easements - Part 2

This two-part series is about four important cases that have been decided over the past year relating to the acquisition of easements. Part 1 highlighted two cases explaining key principles that can dictate whether or not an…more

Appeals, Easements, Property Owners, Right of Access, UK

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COVID-19: (Australia) Employer Guide to the JobKeeper Scheme (Third Edition)

* This information set out in this Guide is accurate as at 9.00 am on Monday 27 April 2020 and is subject to change as the situation evolves. Welcome to our employer guide to the Australian Government's JobKeeper scheme…more

Australia, Coronavirus/COVID-19, Relief Measures, Subsidies, Wage and Hour

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Australia: Why Your 'Exclusive' Patent License may not Longer be Exclusive and What to do to fix it

Two recent decisions in Australia have made patent licensees and licensors take another look at their 'exclusive' licences for Australia to determine whether or not they are truly exclusive. The impact of these decisions…more

Australia, Bristol-Myers Squibb, Patent Infringement, Patents

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Double Trouble

When starting a new brand, funds are often limited. Spending money on intellectual property (IP) protection can be low on the list for new businesses. However, getting IP protections in place quickly is a key step in building an…more

Australia, Copyright, Copyright Registration, Intellectual Property Protection, Trademark Registration

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South Carolina’s New Private Fund Adviser Exemption — A Boost for an Emerging Industry

On September 6, 2019, the Securities Division of South Carolina’s Office of the Attorney General issued an order providing an exemption from the state investment adviser registration requirements for advisers that provide advice…more

Investment Adviser, Investment Funds, Private Investment Funds, Registration Requirement, Securities Regulation

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Discombobulated Contractual Communications? Let Us Be Clear!

Introduction - Imagine you are on a construction site somewhere in the Middle East. On-site you will likely hear the following phrases and mutations thereof: “Are you going to answer me?” and “Why are you telling me this now?"…more

Construction Contracts, Construction Industry, Contract Drafting, Contract Negotiations, Contract Terms

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SEC Issues Climate-Related Risk Disclosure Rule Proposal

The Biden administration has prioritized environmental, social, and governance (ESG) risks to capital markets, particularly climate-related financial risks (discussed in our previous alert, Biden Administration ESG Activity…more

Biden Administration, Climate Change, Comment Period, Corporate Governance, Disclosure Requirements

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Offshore Wind Handbook

The U.S. offshore wind market has surged in growth over the last few years, bolstered by the U.S government’s commitment in 2021 to increase offshore wind lease capacity as well as the Biden Administration’s declaration that the…more

Asset Management, Biden Administration, BOEM, Energy Policy, Energy Projects

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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SEC Expands "Dealer" Definition to Capture Liquidity Providers

Introduction - On 6 February 2024, the US Securities and Exchange Commission (SEC) voted 3-2 to adopt two new rules that significantly expand the definitions of a “dealer” and “government securities dealer” in Sections 3(a)(5)…more

Asset Management, Broker-Dealer, Compliance, Cryptoassets, Digital Assets

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Brexit Update

Our original political update was going to be more general in nature covering the turbulent state of British politics and the UK Prime Minister's "Do or Die" determination to leave the EU on 31 October with or without a deal…more

EU, Member State, No-Deal Brexit, UK, UK Brexit

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Two Heads Are Better Than One: Double Hatting and Its Impact On Diversity In International Arbitration

In recent years there has been increasing focus on arbitrators also acting as counsel, a practice known commonly as ‘double hatting’ or ‘dual hatting.’ This can result, for example, in arbitrators appearing as counsel before…more

Arbitration, Court of Arbitration for Sport (CAS), Dispute Resolution, Diversity, EU

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The Labour Party Leaks: Data Protection Risks for Political Parties and Campaigners

BACKGROUND - Over the Easter weekend, it was reported by a number of media outlets that an 860-page report, apparently commissioned by senior Labour Party officials, had been leaked and was circulating widely online. The leaked…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, General Data Protection Regulation (GDPR)

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What Does President Biden's Executive Order on Promoting Competition in the American Economy Mean for Employer Noncompete Clauses

Executive Order on Promoting Competition in the American Economy - On 9 June 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy (the Order). The White House also issued a Fact Sheet…more

Biden Administration, Competition, Executive Orders, Federal Trade Commission (FTC), Non-Compete Agreements

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Handbook for Directors of Nonprofit Corporations in the United States

The Handbook for Directors of Nonprofit Corporations in the United States summarizes the duties of directors of nonprofit corporations, provides general background information regarding selected available federal tax exemptions…more

Board of Directors, Bylaws, Charitable Organizations, Corporate Governance, Nonprofits

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Overriding Interest Summer 2018

Welcome to the latest edition of Overriding Interest. Inside this issue: - Implementation of Beneficial Ownership Register for Overseas Owners and Buyers of UK Property Delayed until 2021 - Commercial Real Estate…more

Beneficial Owner, Landlords, Leases, Real Estate Investments, Real Estate Market

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Whistleblowing: Upcoming Obligations for Companies

As is well known to many, the EU Directive no. 2019/1937 required EU member states to fully regulate whistleblowing procedures. Whistleblowing: What is it About? The term whistleblowing commonly refers to the disclosure by an…more

Confidentiality Policies, Employer Responsibilities, EU, European Commission, Noncompliance

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DOD Finalizes "Enhanced Debriefing" Rule for Federal Procurements

A new regulation outlines U.S. Department of Defense (DOD) contractors' rights to an "enhanced debriefing" in certain procurements. On 18 March 2022, the DOD published a final rule to implement Section 818 of the National…more

Debriefing, Department of Defense (DOD), DFARS, Federal Contractors, Federal Procurement Systems

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Avangrid Wins Latest BOEM Auction for Offshore North Carolina Lease and Moves Towards Full Commercial Lease

Following an auction on March 16, 2017, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM) named Avangrid Renewables, LLC (Avangrid) the provisional winner of the auction. Avangrid, majority owned by…more

BOEM, Commercial Leases, Department of the Interior, Offshore Wind, Outer Continental Shelf

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The New Jersey Department of Environmental Protection Implements Nation's First Environmental Justice Rules

On Monday 17 April 2023, the New Jersey Department of Environmental Protection (the Department) published long-awaited environmental justice rules (EJ Rules). The final EJ Rules come more than two years after Governor Murphy…more

Environmental Justice, Environmental Policies, Governor Murphy, New Jersey, NJDEP

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District Court Shows Timeshare "Exit" Attorney the Exit

In May of 2022, a New Jersey District Court ruled in favor of Diamond Resorts, declining to find them liable under the Fair Credit Reporting Act. The case, Esperance v. Diamond Resorts, provides insight on how courts are…more

Credit Reports, Debt, Fair Credit Reporting Act (FCRA), Timeshare

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Tax and Estate Planning Opportunities to Consider Now

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Tax Exemptions

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Arbitrator Bias: The English Commercial Court Offers Further Guidance on Disqualification of Arbitrators

The leading English authority on arbitrator impartiality is the case of Halliburton Co v Chubb Bermuda Insurance Ltd [2021] AC 1083, a well-known case in which K&L Gates acted for Halliburton. Halliburton v Chubb clarified how…more

Arbitration, Commercial Court, International Arbitration, UK

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Washington, D.C.'s Office of the Deputy Mayor for Planning and Economic Development Proposes Rules to Implement Downtown Real Property Tax Abatement Legislation

On 26 January 2024, Washington, D.C.’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) published a Notice of Proposed Rulemaking to implement tax abatements to be made available to developers of…more

Commercial Property Owners, Community Development, Economic Development, Housing Developers, NPRM

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The First Ninety Days of the FCPA Unit’s Pilot Program

On April 5, 2016, the Department of Justice (“DOJ”) introduced a yearlong “Pilot Program” to guide the conduct of investigations and prosecutions pursuant to the Foreign Corrupt Practices Act (“FCPA”). Announced by Assistant…more

Department of Justice (DOJ), Federal Pilot Programs, Foreign Corrupt Practices Act (FCPA), Non-Prosecution Agreements, Voluntary Disclosure

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Supreme Court of Ohio Rejects Local Governments’ Attempts to Regulate Oil and Gas Activities

In the Appalachian basin, several states have recently faced the issue of whether local governments have the ability to regulate oil and gas operations, potentially causing a maze of varying rules and requirements from one…more

Home Rule States, Municipalities, Oil & Gas, Police Power, Preemption

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HUD’s Proposal to Terminate FHA Insurance Policies Could Terminate the FHA Program

If there is anything that galls servicers of government-insured loans, it is the forfeiture or curtailment of all accrued interest from mortgage insurance claims resulting from the failure to foreclose fast enough within…more

Affordable Housing, Claim Procedures, Debentures, Deed-in-Lieu of Foreclosure, Fair Housing Act (FHA)

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Practical Takeaways for Employers from the Supreme Court Affirmative Action Decision

On 29 June 2023, the US Supreme Court issued its decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, and reversed the longstanding rule that race can be considered as a plus factor among…more

Affirmative Action, College Admissions, Diversity, Educational Institutions, Equal Employment Opportunity Commission (EEOC)

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Washington’s New Provisions on Preemptive Rights, Cumulative Voting, and Shareholder Approval on a Sale of Assets

Governor Jay Inslee recently signed Senate Bill 5003 (“SB 5003”) into law, which amends the Washington Business Corporation Act (“WBCA”) to (1) change the default rule relating to preemptive rights; (2) change the default rule…more

Business Corporation Act, Sale of Assets, Shareholder Approval, Shareholders

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Blocking and Tackling: What Every Health Care Provider's Legal, IT, and Compliance Teams Need to Know About Information Blocking to Make It Through the First Compliance Deadline's Goal Posts

INTRODUCTION - The Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology (ONC) is responsible for the implementation of key provisions of Title IV of the 21st Century Cures…more

21st Century Cures Act, Department of Health and Human Services (HHS), Disclosure Requirements, Health Care Providers, Information Blocking Rules

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COVID-19: The UK Logistics Sector: Future M&A Trends in a Post-Pandemic Environment

Introduction - Nothing focuses the mind more than when you cannot obtain food which, as Maslow's hierarchy of needs tells us, is the first building block of humanity's motivation (although it’s currently unclear where toilet…more

Business Interruption, Coronavirus/COVID-19, Investors, Supply Chain, UK

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DOT Releases Policy Recommendations Targeting Supply Chain Disruption

Dozens of ships anchored outside of America’s busiest ports, steadily spiking freight rates, and frustrated consumers inheriting both the paralyzing delays and the exorbitant price increases: these have been the painful…more

Biden Administration, Critical Infrastructure Sectors, Department of Transportation (DOT), Executive Orders, Federal Maritime Commission

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What the Senate’s Draft Better Care Reconciliation Act Means for Employers

Senate Republicans released draft legislation to repeal and replace the Patient Protection and Affordable Care Act (“ACA”). The draft legislation, the Better Care Reconciliation Act (“BCRA”), maintains several key provisions in…more

Affordable Care Act, American Health Care Act (AHCA), Essential Health Benefits, Health Insurance, Health Savings Accounts

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Things Aren't Always As They Seem

An Albury based restaurant and its sole director have been prosecuted by the Fair Work Ombudsman for conduct towards Australian and visa workers and deliberate actions to cover up blatant breaches of the Fair Work Act 2009 (Cth)…more

Australia, Employer Liability Issues, Fair Work Act, Hiring & Firing

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Small Business Debtor Reorganization: An Overview of Chapter 11’s New Subchapter V

The term “small business debtor” originated in 1994 with Congress’s first attempt at a streamlined chapter 11 process for businesses that had insufficient assets to fund a typical bankruptcy reorganization…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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Modernization of Evidence Rules in the New Belgian Civil Code

The approval of Book 8 of the new Belgian Civil Code introduces new rules on evidence. The aim is to clarify and modernize the current rules, as well as to make them more flexible. We have summarized the most important changes…more

Belgium, Civil Code, Evidence, Modernization

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Brussels Regulatory Brief: March 2024

Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8 billion…more

Anti-Competitive, Antitrust Provisions, Apple, Artificial Intelligence, Competition

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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FINRA Issues Interpretive Guidance on Related Performance in Institutional Communications

On June 9, 2017, the Financial Industry Regulatory Authority, Inc. (“FINRA”) issued an interpretive letter (the “Letter”) permitting the use of Related Performance Information (as defined below) in continuously offered…more

Disclosure Requirements, Financial Industry Regulatory Authority (FINRA), Institutional Investors, Rule 144A

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Agencies Propose Rules to Implement No Surprises Act Federal IDR Process

This alert summarizes recent rules implementing the federal independent dispute resolution (IDR) process under the No Surprises Act (the Act). In a nutshell, the federal IDR process is the process in which arbitrators decide…more

Arbitration, Arbitrators, Dispute Resolution, Interim Final Rules (IFR)

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COVID-19: New UK Corporate Insolvency and Restructuring Tools and Reforms

Executive Summary - New legislation will introduce permanent and temporary reforms to the UK restructuring and insolvency regime…more

Coronavirus/COVID-19, Debt Restructuring, Insolvency, Relief Measures, UK

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District Court Judge Takes Narrow View of Preemption Under the Massachusetts Uniform Trade Secrets Act

On October 29, 2020, United States District Court Judge Denise J. Casper rejected the argument that the Massachusetts Uniform Trade Secret Act (MUTSA) preempts, and therefore bars, state law claims for misuse of confidential or…more

Confidential Information, Facebook, Misappropriation, Trade Secrets, UTSA

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Opportunity to Compete Act “Bans the Box” in New Jersey

On August 11, 2014, New Jersey Governor Chris Christie signed into law the “Opportunity to Compete Act.” Commonly referred to as a “Ban the Box” law, it will prohibit employers from inquiring about an applicant’s criminal…more

Background Checks, Ban the Box, Criminal Background Checks, Employer Liability Issues, Job Applicants

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Insurance Relationships Revisited

In a recent decision of the NSW Court of Appeal (the Court) in Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368, a firm of insurance brokers (Horsell) was ordered to indemnify an insured (Divetwo) in…more

Australia, Criminal Prosecution, Exclusions, Guilty Pleas, Indemnification

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Overriding Interest Summer 2023

Welcome to the latest edition of Overriding Interest. Inside this issue: - New Joiners - Articles of Interest & Firm News - Events - Pro Bono Update - Case Reports …more

Commercial Property Owners, EU, Eviction, Housing Market, Interest Rates

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Delaware Supreme Court Holds That Expectation Damages Involving the Breach of an Obligation to Negotiate in Good Faith a License For Early Stage Drug Are Not Too Speculative

On December 23, 2015, the Delaware Supreme Court sitting en banc issued its second opinion in Siga Technologies Inc. v. PharmAthene, Inc. In its first decision, the Court reaffirmed its recent decision in Titan “that where…more

Breach of Contract, DE Supreme Court, En Banc Review, Expectation Damages, Good Faith

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Cross-border Cooperation: Federal Court of Australia Considers "Classic Candidate" for Coordination With High Court of New Zealand

On 22 August 2019, the Federal Court of Australia (Federal Court) delivered a judgment that provides guidance on the framework within which cross-border cooperation between courts located in different jurisdictions might occur…more

Australia, Cooperation, Cross-Border, Financial Services Industry, Jurisdiction

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De-identification of Data and Privacy

As discussed in a recent blog post on CyberWatch Australia, researchers from the University of Melbourne successfully re-identified the medical data of Australian patients that formed part of a de-identified open dataset. This…more

Australia, Cybersecurity, Data Protection, Personally Identifiable Information

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Private Fund Hot Topics - Critical and Emerging Issues: 2019 San Francisco Investment Management Conference

OVERVIEW OF OZ RULES - - The OZ program was created by the Tax Cuts and Jobs Act, enacted in December 2017 to help direct economic resources to low income communities, spurring economic growth and job creation. - The…more

Capital Gains, Community Development, Economic Development, Investment Funds, Low Income Housing

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HUB Talks: Payments Across the Globe Miniseries - Trends in Brazil

Judith Rinearson and Jeremy McLaughlin sit down with payments lawyers to cover the fintech market place, trends, and developments around the world in the Payments Across the Globe miniseries. In this episode Judith Rinearson…more

Banking Sector, Banks, Brazil, Financial Institutions, Financial Services Industry

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U.S. Supreme Court Narrows Scope of 28 U.S.C. § 1782 to Proceedings Before "Governmental or Intergovernmental Adjudicative Bodies"

On 13 June 2022, the U.S. Supreme Court narrowed the scope of 28 U.S.C. § 1782 (Section 1782), holding that the statute does not permit federal courts to order discovery for use in foreign private commercial arbitrations or…more

28 U.S.C. § 1782, Adjudicatory Process, Discovery, International Arbitration, SCOTUS

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 13

In 2012, the last edition of this book included a Chapter on the evolving role of issuers and trustees in European CMBS transactions. Such a Chapter would probably not have been considered necessary in the 2006 first edition. At…more

Borrowers, CMBS, Commercial Real Estate Market, Credit Rating Agencies, EU

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Full of Hot Air? EPA Tries Again to Impose Greenhouse Gas Emission Standards on Fossil Fuel-Fired Power Plants

On 11 May 2023, the US Environmental Protection Agency (EPA) announced new standards for carbon dioxide (CO2) emissions from new and existing power plants (the Proposed Rule). EPA projects that the rule, if finalized, would cut…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Air Act, Clean Energy, Coal-Fired Plants

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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California Enacts Landmark Crypto Licensing Law

To date, crypto companies have been able to operate in California without a license, but that will change effective July 2025 under the state’s newly-enacted “Digital Financial Assets Law” (the Law), signed by Governor Newsom on…more

Asset Management, California, Cryptocurrency, Digital Assets, Digital Currency

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SEC Issues Long-Awaited Climate Risk Disclosure Rule

Introduction - On Wednesday, 6 March 2024, the Securities and Exchange Commission (SEC) approved its highly anticipated final rules on “The Enhancement and Standardization of Climate-Related Disclosures for Investors” by a vote…more

Asset Management, Board of Directors, Climate Change, Corporate Governance, Disclosure Requirements

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The Hydrogen Handbook - United States

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

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Hydrogen Alert - Updates to Hydrogen Policy and Funding in Australia

There have been a number of policy and funding developments applicable to the hydrogen energy industry in Australia since the release of K&L Gates' The H2 Handbook in October last year. These developments have come at both…more

Australia, Carbon Emissions, Clean Energy, Energy Policy, Energy Projects

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North Carolina Supreme Court Endorses and Clarifies General Assembly’s Constitutional Authority to Appoint Executive Branch Officers

On January 29, 2016, the North Carolina Supreme Court issued an opinion endorsing and clarifying the authority of the North Carolina General Assembly to appoint officers to legislatively created offices in State ex rel McCrory…more

Appointments Clause, Article III, General Assembly, NC Supreme Court, Political Appointments

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Health Care Triage: Key Considerations for Officers and Directors of Distressed Companies

In this week’s episode, Andrea Cunha outlines some of the key considerations directors and officers should assess when their company is approaching insolvency, including how to evaluate financial distress of the company, the…more

Board of Directors, Corporate Governance, Corporate Officers, Duty of Care, Duty of Loyalty

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Complying with the SEC’s Conflict Minerals Rules

Introduction - On August 22, 2012, the U.S. Securities and Exchange Commission (the “SEC”) adopted new rules (the “Final Rules”) pursuant to Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

Conflict Mineral Rules, Dodd-Frank, Due Diligence, Human Rights, Securities and Exchange Commission (SEC)

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Unfair Contract Terms Regime to Protect Small Business

On 24 June 2015, the Federal Minister for Small Business, the Hon Bruce Billson MP, introduced the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 (Bill) into Parliament which will extend the…more

Australia, Contract Drafting, Contract Negotiations, Contract Terms, Proposed Amendments

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HUB Talks: May The Enforcement Be With You: Reflections on Five Years of GDPR

In this episode, Claude-Etienne Armingaud, Eleonora Curreri, and Camille Scarparo celebrate the fifth year anniversary of GDPR along with lawyers from our European offices; Thomas Nietsch and Andreas Müller (Berlin), Nóirín…more

Data Privacy, Data Protection, Data Security, Enforcement, EU

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Take it Personally - Courts Provide Insight into the Value and Implications of Moral Rights

Since moral rights were introduced by amendments to the Copyright Act 1968 (Cth) in 2000, there have been only a handful of decisions which have considered their application. However, two recent decisions highlight that it is…more

Copyright, Infringement, Moral Rights, Music, Photographs

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Developers Beware – Restrictive Covenants Update

Executive summary - This is the first time that the Supreme Court has had to decide an appeal relating to section 84 of the Law of Property Act 1925 (section 84). This is the piece of legislation that gives the Upper Tribunal…more

Land Developers, Real Estate Development, Restrictive Covenants, UK, UK Supreme Court

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Regulating Exploration on the Arctic OCS: Interior Finalizes Rules for Oil and Gas Exploratory Drilling on the Arctic Outer Continental Shelf

On July 7, almost a year and a half after the proposed rules were published, the U.S. Department of the Interior’s (DOI) Bureau of Ocean Energy Management (BOEM) and Bureau of Safety and Environmental Enforcement (BSEE)…more

BOEM, BSEE, Department of the Interior, Offshore Drilling, Oil & Gas

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Foreign Investment in Australian Residential and Agricultural Real Estate – New Fee Regime for Developers and Investors

Under Australia's current regime for foreign ownership of Australian real estate, certain foreign investors must obtain permission from the Foreign Investment Review Board (FIRB) before acquiring certain forms of real estate in…more

Agribusiness, Agricultural Land, Australia, Fees, FIRB

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PFAS Litigation: Who's Next?

With new regulations on the horizon, manufacturers need to be aware of the potential litigation risks related to perfluoroalkyl and polyfluoroalkyl substances (PFAS). As we previously discussed, the U.S. Environmental Protection…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers

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Disaster Preparedness Toolkit

While the onset of a natural disaster is generally unpredictable, we can proactively prepare with mitigation efforts and emergency response procedures. As we experienced throughout 2020, and through present day, natural…more

Acquisitions, Business Interruption, Business Losses, Disaster Preparedness, Insurance Claims

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Triumph over Trolls: Combatting Online Abuse and Lessons from Going 'Viral'

Quaden Bayles is a nine-year-old Indigenous Australian who suffers from a rare case of dwarfism as well as other significant health issues. Quaden's story became topical globally following the release of a video filmed by…more

Australia, Copyright Infringement, Cyberbullying, Fair Use, Harassment

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Black Friday, Cyber Monday, Flash Sale…? Make Sure You Know the Rules

With the ubiquitous “Black Friday”—and now “Black Week”—having taken hold in the European Union and the United Kingdom, consumers will currently be inundated with offers and shopping around for the best deal. Retailers should…more

Advertising, Black Friday, EU, Holidays, Internet Retailers

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What Are Your Company's New Disclosure Obligations in China? – Potential Anti-Corruption Compliance Implications

In 2014, China adopted regulations intended to update and streamline company periodic reporting obligations. The regulations include a new obligation for compulsory interim disclosure of penalties imposed by PRC regulators that…more

Anti-Corruption, Chief Compliance Officers, China, Compliance, Disclosure Requirements

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Court of Appeal Finds the Missing Linc

On 9 March 2018, in what was a highly anticipated judgment for many liquidators, the Queensland Court of Appeal reversed the controversial first instance Supreme Court decision in the matter of Linc Energy Pty Ltd (In…more

Australia, Insolvency, Liquidation, The Corporations Act

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U.S. Court Enjoins Asian Investor from Invoking Shareholder Purchase Rights in an Asian Joint Venture

A U.S. Bankruptcy Court (the “Bankruptcy Court”) recently enjoined a Hong Kong-based investor from exercising its shareholder purchase rights in an Asian joint venture…more

Chapter 11, Commercial Bankruptcy, Investors, Joint Venture, Shareholders' Agreements

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Data is Drawing the Lines in the Art of Crisis Management

Is the world in the midst of a crisis? It seems newspapers and rolling TV news channels are a constant stream of natural disasters or human crises. But are they getting worse? A study from The Economist shows that…more

Crisis Management, Insurance Industry, Natural Disasters, Social Media

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Are They Independent Contractors? Don't Hedge Your Bets on the Entrepreneur Test

A Full Court of the Federal Court of Australia (Full Court) in Tattsbet Limited v Morrow [2015] FCAFC 62 (11 May 2015) has upheld an appeal by Tattsbet Limited (Tattsbet) that a former agency operator was a contractor, despite a…more

Australia, Employee Definition, Independent Contractors

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The Free Port Vladivostok Area

On July 13, 2015, President Putin signed the Federal Law On the Free Port of Vladivostok, as well as two other laws introducing revisions to the current laws required to implement the Law On the Free Port of Vladivostok - the…more

Cross-Border Transactions, Customs, Entrepreneurs, Foreign Affiliates, NGOs

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

See all updates »

Fashion Law Newsletter - March 2017

"Fashions fade, style is eternal." - Yves Saint Laurent - Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In this issue we touch…more

Fashion Design, Fashion Industry, Intellectual Property Protection, Retail Market, Trademarks

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Football Association Premier League Limited v Luxton [2016] EWCA Civ 1097

Sports rights holders and sports broadcasters will be reassured as a result of a recent Court of Appeal (“CoA”) decision, which prevented a pub owner in Swansea from using a foreign-purchased domestic decoder card to show live…more

Broadcasting, Copyright Infringement, Football, Sports, UK

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An Air of Change in CERCLA Liability? Pakootas v. Teck Cominco and CERCLA’s Federal Permit Shield

A case recently argued before the Ninth Circuit, Pakootas v. Teck Cominco Metals, Ltd., 9th Cir., No. 15-35228, could pave the way for a new theory of liability for parties who release air emissions during the course of…more

CERCLA, Clean Air Act, Department of Justice (DOJ), Environmental Protection Agency (EPA), Hazardous Substances

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Cleared for Landing: Aviation Newsletter

Cleared for Landing highlights significant developments and issues relating to aviation law and asset finance globally and is published jointly by our Aviation Industry and Banking & Asset Finance practice groups. This issue…more

Aircraft, Aircraft Financing, Airports, Airspace, Aviation Industry

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Litigation Minute: Representations and Warranties in Mergers & Acquisitions: Safety Net or Snare? (Deal Litigation Series: Part One of Four)

What You Need To Know In a Minute or Less - 2021 was an unprecedented year for mergers and acquisitions (M&A), with both the number of transactions and the dollar value of those deals hitting all-time highs…more

Acquisitions, Due Diligence, Mergers, Risk Mitigation, Warranties

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The US Corporate Transparency Act: Practical Considerations for Private Fund Sponsors as the Effective Date Approaches

Earlier this year, the US Congress passed the Corporate Transparency Act (CTA). The CTA will require thousands of privately held US and non-US entities to report beneficial ownership to the US Treasury Department’s Financial…more

Asset Management, Beneficial Owner, Corporate Transparency Act, Exemptions, FinCEN

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US Asset Management Regulatory Year in Review 2023

It is a dramatic understatement to describe 2023 as a busy year in the United States for asset management regulation. With 24 rules adopted and 18 new rules or rule amendments proposed, the US Securities and Exchange Commission…more

Asset Management, Beneficial Owner, Capital Markets, Compliance, Digital Assets

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Changes to the AIM Rules for Companies

On 13 May 2014, the London Stock Exchange (the "Exchange") published AIM Notice 39. The notice provided feedback on AIM Notice 38 (which consulted on proposed changes to the AIM Rules for Companies (the "AIM Rules") and the AIM…more

Financial Regulatory Reform, London Stock Exchange, Stocks, UK

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Cleared to Land: Aviation Newsletter

Happy new year and welcome to our latest edition of K&L Gates’ Cleared to Land published jointly by our Aviation and Banking & Asset Finance practice groups to keep you updated on significant developments and issues relating to…more

Airports, Airspace, Aviation Industry, Investors, Letters of Intent

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Hydrogen Rising: Hydrogen Town Hall: Key Trends in Global Hydrogen Policy and Regulation

Since the Paris Climate Conference, innovations in the development of hydrogen energy have accelerated sharply, with the International Renewable Energy Agency (IRENA) now predicting green hydrogen will be competitive in 2030,…more

Energy Market, Energy Policy, Energy Projects, Energy Sector, Hydrogen Power

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Health Care Triage: The End of Continuous Medicaid Enrollment—What Health Systems Should Know

In this episode, Alexander Chu and Ashley Davis review the end of the continuous Medicaid enrollment condition as a result of the Consolidated Appropriations Act, 2023. They discuss potential impacts of the disenrollment process…more

Consolidated Appropriations Act (CAA), Enrollment, Health Care Providers, Health Insurance, Medicaid

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Unpacking CMS's Proposed Rule for Correcting Underpayments for 340B Drug Reimbursement

In this episode, Darlene Davis, Leah Richardson, and Andrew Ruskin unravel CMS’s proposed rule for the remedy for Medicare payments for drugs purchased under the 340B Program and reimbursed as hospital outpatient services. The…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Health Care Providers, Medicare, Medicare Advantage

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NSW Supreme Court Considers Inherent Risk and Peer Professional Opinion in Bariatric Surgery Case Polsen v Harrison (No. 8)

On 6 July 2023, Lonergan J found in favour of Dr Harrison (Defendant), in a complex bariatric surgery case brought by Katrina Polsen (Plaintiff). A full decision can be read here. BACKGROUND - On 22 July 2013, the Plaintiff…more

Australia, Evidence, Medical Malpractice, Negligence, Surgery

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Litigation Minute: Don't Get Disqualified - Representing Current and Separated Employees in Depositions

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. This practice, however, is governed by…more

Confidential Information, Depositions, Employees, Former Employee, Liability

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The SEC Significantly Expands the Scope of Form PF Reporting

Introduction and Summary - On 3 May 2023, the Securities and Exchange Commission (SEC) approved amendments to Form PF (the Amendments), the confidential reporting form required to be filed by certain SEC-registered private fund…more

Asset Management, CFTC, Form PF, Fund Managers, Hedge Funds

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Antitrust Investigations Into Supply of Construction Chemicals

The construction industry has been under the watchful eye of the United Kingdom’s Competition and Markets Authority (CMA) in recent times and there have been a number of high profile fines and director disqualifications. For…more

Construction Industry, Construction Project, Enforcement Actions, Investigations, Regulatory Standards

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Arbitration World

Welcome to this 34th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Foreign Arbitration Clauses

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Unfair Contract Terms Laws – Soon to Apply to Small Businesses

On 28 April 2015, the Federal Government released for consultation, draft legislation to extend protection against unfair contract terms to small businesses. When releasing the exposure draft, the Government stated its intention…more

Australia, Consultation, Contract Terms, Proposed Legislation, Small Business

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Election Update – What's Changed in the Last Five Weeks?

Prior to the federal election campaign officially commencing, we held a briefing for clients during which we discussed the main issues which we considered would impact employers in the event that there was a change of…more

Australia, Fair Work Commission, Minimum Wage, Pay Gap, Wage and Hour

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Litigation Minute: Protecting Against Session Replay Suits (Session Replay Series: Part Four of Four)

What You Need To Know In A Minute Or Less - Throughout this series, we have discussed the recent surge of session replay lawsuits—particularly in Pennsylvania, California, and Florida—and the potential for these cases to involve…more

Consent, Cookies, Data Collection, Privacy Policy, Surveillance

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COVID-19 Vaccination Sweepstakes: Best Practices for Employee Incentives

In the current pandemic environment, employers are searching for increasingly creative ways to incentivize COVID-19 vaccination among their employees. “Vaccine sweepstakes,” by which employers offer cash or other prizes (often…more

Americans with Disabilities Act (ADA), Best Practices, Coronavirus/COVID-19, Employees, Equal Employment Opportunity Commission (EEOC)

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Major Reform of French Civil and Commercial Procedure

By several decrees dated 6 and 9 May 2017 (mainly decrees No. 2017-891, 2017-892, 2017-862 and 2017-888), the French government has enacted a substantial reform of several aspects of French civil procedure (which is also…more

Class Action, France, Rules of Civil Procedure

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COVID-19: (Australia) NSW Government updated Retail and Other Commercial Leases – September Update

*This information is accurate as of 12:00pm Monday 27 September 2021 and is subject to change as this situation evolves. On 25 August 2021, we issued an update regarding recent changes. The alert below provides an updated…more

Australia, Commercial Leases, Commercial Tenants, Lessee, Retailers

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Saving Grace

Credit Unions Provided a Grace Period to Comply With New Customer Due Diligence Requirements - In May of 2018, the new Customer Due Diligence Requirements for Financial Institutions (the “CDD Rule”) from the Financial Crimes…more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Customer Due Diligence (CDD), FinCEN

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Strategic Insurance Considerations for Emerging Coal Ash Bodily Injury Claims

Many utilities with historical coal-fired power plants are confronting increased regulatory scrutiny relating to the storage of coal combustion residuals (CCRs, also known as coal ash). Now, those utilities (and other companies…more

Bodily Injury, Coal, Coal Ash, Coal-Fired Plants, Dispute Resolution

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Luxembourg Modernises Its Insolvency Legislation

On 19 July 2023, the parliament of the Grand Duchy of Luxembourg (Luxembourg) passed bill no. 6539A into law (the New Insolvency Law), marking a significant milestone in the movement to modernise and enhance the competitiveness…more

Commercial Bankruptcy, Corporate Restructuring, Debt Restructuring, Distressed Debt, EU

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M&A Deal Points

On 28 March 2017, the Federal Government released its long awaited draft legislation that is designed to encourage restructuring of distressed businesses. The proposed legislation is open for consultation with the finalised…more

Australia, Debt Restructuring, Insolvency, Proposed Legislation, Safe Harbors

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PUC Pipeline Case Presents Issue of Who Qualifies as a Public Utility Corporation

A recently filed case before the Pennsylvania Public Utility Corporation (“PUC”) raises the issue of what type of pipeline company qualifies as a “public utility corporation” under Pennsylvania statutes. The term is not defined…more

Energy Sector, Municipalities, Public Utilities Commission, Sunoco, Utilities Sector

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SEC and CFTC Adopt Amendments to Form PF for Increased Disclosure

Brief Overview - On 8 February 2024, the US Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly adopted amendments to Form PF (the Amendments), the confidential reporting form for…more

Asset Management, CFTC, Compliance, Digital Assets, Disclosure Requirements

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FERC Interconnection Reform is Full Steam Ahead

On 21 March 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 2023-A, rehearing and clarifying its landmark generator interconnection reform final rule. Order No. 2023-A largely upheld the interconnections…more

Deadlines, Energy Projects, Energy Sector, Energy Storage, FERC

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Fund Boards and Committees: 2019 Washington D.C. Investment Management Conference

FUND BOARDS AND COMMITTEES - - Role of the Fund Board - Importance of the Board’s Business Judgment - Board Composition and Independence - SEC Fund Governance Requirements and Disclosures - General Fiduciary Duties -…more

Fiduciary Duty, Investment Adviser, Investment Advisers Act of 1940, Investment Management, Securities and Exchange Commission (SEC)

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Biden Administration Identifies Global Corruption as a National Security Issue

In a move long expected by this firm and other experts in this area, on 3 June 2021, the Biden administration issued a policy statement tethering global anti-corruption efforts as vital to the country’s national security…more

Anti-Corruption, Biden Administration, Corruption, Enforcement, National Security

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The SEC's New Rule Demonstrates That It Believes Shareholder Reports, Like Clothes, Should Be Tailored to You

On 26 October 2022, the Securities and Exchange Commission (SEC) adopted final rules and form amendments (the Final Rules) representing significant reforms to the content and delivery of shareholder reports for open-end mutual…more

Disclosure Requirements, ETFs, Final Rules, Securities and Exchange Commission (SEC), Shareholders

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High Court of Australia to Hear Appeal on Recognition of ICSID Arbitral Award Against Spain in November 2022

The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in…more

Arbitration Awards, Australia, EU, Foreign Investment, High Court of Australia

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Order for Claim Filing Deadline in Liquidation Proceedings of the Lumbermens Companies

A substantial number of business policyholders purchased historical insurance coverage from one of the Lumbermens Companies, which include Lumbermens Mutual Casualty Company, American Manufacturers Mutual Insurance Company, and…more

Filing Deadlines, Insurance Industry, Liquidation, Required Documentation

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90 Days of Infrastructure - Where Are We Now?

13 February 2022 marked 90 days since President Joe Biden signed the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58) into law. The Administration has made measurable progress on the road to implementation of the…more

Biden Administration, Federal Funding, Infrastructure, Infrastructure Financing, Infrastructure Investment and Jobs Act (IIJA)

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Transitioning from PAMDA to Property Occupations Act

The Attorney General has announced that the Property Occupations Act 2014 (POA) and amendments to the Land Sales Act 1984 (LSA) will commence on 1 December 2014. These legislation changes will affect all sale and purchase…more

Australia, Real Estate Market

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No-deal Brexit Update: REACH Registration Transfer Window Remains Open Until 31 October

UK based entities who rely on or currently hold REACH registrations need to take immediate action to ensure continued access to the EU market in the event of the UK’s possible withdrawal from the EU on 31 October 2019…more

ECHA, EU, Manufacturers, No-Deal Brexit, REACH

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SEC Proposes Swing Pricing and a Hard Close for All Mutual Funds

Summary - On 2 November 2022, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to propose amendments (proposed amendments) to Rule 22c-1 under the Investment Company Act of 1940, as amended (1940 Act) that would…more

Investment Company Act of 1940, Mutual Funds, Securities and Exchange Commission (SEC), Swing Pricing

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The Decision of the International Court of Justice in Certain Iranian Assets

Implications for the Enforcement of Investor-state Arbitration Awards Arising From the Application of International Sanctions Against Russia - On 30 March 2023, the International Court of Justice (ICJ) issued its judgment in…more

Economic Sanctions, Foreign Investment, International Arbitration, Investor-State Arbitration, Iran

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ESG–Australia – Consultation Material for the 5th Edition of the Corporate Governance Council Principles and Recommendations Released

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and…more

Annual Reports, Australia, Australian Securities Exchange (ASX), CEOs, CFOs

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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7 to 2 - The US Supreme Court Confirms That Federal Nursing Home Reform Act Creates Patient Enforceable Rights

On 8 June 2023, in Health and Hospital Corporation of Marion County v. Talevski, the United States Supreme Court ruled that the rights set out in the Federal Nursing Home Reform Act (FNHRA) can be enforced under 42 U.S.C. § 1983…more

Federal Nursing Home Reform Act (FNHRA), Health Care Providers, Long Term Care Facilities, Nursing Homes, Patient Rights

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The Practitioner's Guide to SAMHSA's 2020 Final Part 2 Rules - More Changes on the Horizon

As we previously reported, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) overhauled 42 U.S.C. §290dd–2, commonly referred to as “part 2.” Part 2 regulates the confidentiality of substance use disorder (SUD)…more

CARES Act, Coronavirus/COVID-19, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), SAMHSA

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Brussels Regulatory Brief: July 2022

ANTITRUST AND COMPETITION - European Union General Court Confirms the European Commission’s Ability to Review Certain Transactions Even When They Fall below the European Union and Member States’ Merger Filing Thresholds - On 21…more

Acquisitions, Airlines, Antitrust Provisions, Cryptoassets, Cryptocurrency

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Plaintiff Entitled to Inspect Additional Documents Where Proper Purpose Demonstrated as to Mismanagement and Wrongdoing

In Paraflon Investments Ltd. v. Linkable Networks, Inc., C.A. No. 2017-0611-JRS (Del. Ch. April 3, 2020), the Delaware Court of Chancery (the “Court”) granted, in part, stockholder Paraflon Investments, Ltd.’s (“Paraflon”)…more

Mismanagement, Shareholder Litigation

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The SEC Fines Stand-Alone Adviser for Off-Channel Communications

Overview - On 3 April 2024, the US Securities and Exchange Commission (the SEC) announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve certain…more

Asset Management, Compliance, Data Preservation, Electronic Communications, Email

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Incentivizing Vaccination: Federal Agencies Issue Guidance on Use of Health Insurance Discounts and Surcharges and the Impact on Employer Mandate Affordability

Introduction - On 4 October 2021, the Departments of Labor, Treasury, and Health and Human Services (the Departments) jointly issued a set of Frequently Asked Questions (FAQs) governing employers’ ability to provide discounts or…more

Coronavirus/COVID-19, Employer Mandates, Equal Employment Opportunity Commission (EEOC), Health Insurance, Incentives

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“Waive” That Issue Goodbye: The Importance of Preserving Arguments and Developing a Full Record

The Federal Circuit recently reminded litigants of the importance of developing a full record in district court and Patent Trial and Appeal Board (“PTAB”) proceedings. In Google Inc. v. SimpleAir, Inc., the Federal Circuit…more

Appeals, Google, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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Key Intellectual Property Takeaways for the Cannabis Industry

INTRODUCTION - Cannabis is a rapidly evolving field with 33 states and the District of Columbia having passed laws broadly legalizing some form of medicinal or recreational use…more

Cannabis Products, Intellectual Property Protection, Marijuana Related Businesses, Patents, Trademarks

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Joining the Crowd: SEC Adopts Final Crowdfunding Regulations - Part III - Intermediaries

On October 30, the U.S. Securities and Exchange Commission (“SEC”) adopted final rules in the form of Regulation Crowdfunding to implement the securities-based crowdfunding exemption in Section 4(a)(6) of the Securities Act of…more

Crowdfunding, Financial Industry Regulatory Authority (FINRA), Funding Portal, Intermediaries, JOBS Act

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Ninth Circuit Overturns FTC-Requested Injunction Against Refusal To License Standard Essential Patents

In a decision that is potentially important for licensors as well as licensees of standard essential patents (SEPs), a panel of the Ninth Circuit has vacated an injunction that the U.S. District Court for the Northern District…more

Federal Trade Commission (FTC), Patents, Popular, Qualcomm, Sherman Act

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Governor Josh Shapiro Launches First Statewide Economic Development Strategy in Nearly Two Decades

From 2018 to 2022, Pennsylvania was outspent on economic development incentives by neighboring states in both total incentive spending and average deal size. Over the same period, neighboring states also outspent Pennsylvania on…more

Agricultural Sector, Economic Development, Economic Growth, Energy Sector, Federal Funding

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What Constitutes Interchangeability? AbbVie Submits Citizen Petition to Suggest Requirements

On December 16, 2015, AbbVie submitted a citizen petition regarding the requirements necessary to show interchangeability of a biosimilar product. This petition follow’s AbbVie previous citizen petition and supplement regarding…more

AbbVie, Biosimilars, BPCIA, Food and Drug Administration (FDA), Pharmaceutical Industry

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Contractors Beware: New Regulations Impose Additional Affirmative Action Burdens

The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued new regulations governing the recruiting and hiring of individuals with disabilities and veterans. See 41 CFR Part 60-741 and 41 CFR Part…more

Affirmative Action, Americans with Disabilities Act (ADA), Contractors, Disability, Hiring & Firing

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SEC's Division of Examinations Issues Risk Alert on Investment Adviser MNPI Compliance Issues

In a Risk Alert issued on 26 April 2022 (the Risk Alert), the staff of the Division of Examinations (the Staff) of the Securities and Exchange Commission (SEC) described notable deficiencies relating to investment advisers’ use…more

Compliance, Investment Adviser, Investment Funds, Investment Management, MNPI

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Comparative Negligence No Longer Bars Plaintiff From Award of Summary Judgment in New York

On April 3, 2018, a sharply divided Court of Appeals ruled that plaintiffs in comparative negligence cases do not need to show they are free of negligence to succeed on a summary judgment motion when determining a defendant’s…more

Comparative Negligence, Damages, Negligence, Summary Judgment

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Saved by the En Banc: CFPB Appears Here To Stay

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has been an agency under fire. Acting Director Mick Mulvaney has begun to institute significant changes at the Bureau. And last year, a panel of the D.C. Circuit…more

Administrative Proceedings, Article II, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Dodd-Frank

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Overriding Interest

Welcome to the latest edition of Overriding Interest. Inside this issue: - The UK Government Proposes Innovative Transparency Requirements for Overseas Owners and Buyers of UK Property - Mees Update - Announcements, New…more

Beneficial Owner, Commercial Real Estate Market, Lenders, Person with Significant Control (PSC Register), Real Estate Market

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President Biden Issues Wide-Ranging Executive Order on Artificial Intelligence

On 30 October 2023, President Biden issued a long-awaited executive order (EO) on artificial intelligence (AI). The EO itself is available here, and a one-page fact sheet issued by the White House is available here. The document…more

Artificial Intelligence, Biden Administration, Critical Infrastructure Sectors, Cybersecurity, Data Privacy

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A Fund By Any Other Name: SEC Proposes Names Rule Amendments

I. SUMMARY - On 25 May 2022, the U.S. Securities and Exchange Commission (the SEC) proposed amendments (the Proposed Amendments) to Rule 35d-1 (the Names Rule) under the Investment Company Act of 1940, as amended in its release…more

Disclosure Requirements, Environmental Social & Governance (ESG), Investment Company Act of 1940, Investment Funds, Investment Management

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Qui Tam Quarterly - COVID-19 and the Big-Data Revolution of Health Care False Claims Act Litigation

This edition of Qui Tam Quarterly focuses on: - the history of big data in health care FCA investigations and litigation; - how the government has increased its ability to gather health care claims data and use it to support…more

Big Data, Coronavirus/COVID-19, False Claims Act (FCA), Fraud, Investigations

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Real Property and Equities Transactions: Withholding is Now the First Port of Call

At present, capital gains and capital losses made by foreign residents are disregarded unless the asset being disposed of is taxable Australian real property (TARP). To ensure that foreign residents actually pay tax on capital…more

Australia, Capital Gains, Non-Residents, Real Estate Investments, Tax Rates

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Check Your [Legal Professional] Privilege - A Timely Reminder From the Federal Court of Australia

In Commissioner of Taxation v PricewaterhouseCoopers [2022] FCA 278, the Federal Court of Australia has found that the majority of 116 sample documents considered by it were not subject to legal professional privilege and…more

Attorney-Client Privilege, Australia, Confidential Information, Dispute Resolution, Privileged Communication

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New Regulation for Exploration and Production of Hydrocarbons in Poland

On May 7, 2014, the Polish Parliament debated the next version of the bill to amend the Act on Mining and Geological Law of April 23, 2014 (the “Bill”). The Bill introduces new approaches with respect to the exploration…more

Energy Exploration, Energy Sector, EU, Oil & Gas, Shale Gas

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Supreme Court’s Denial of Cert Preserves Safe Harbor for Madoff Victims

Yesterday, the Supreme Court denied two petitions for certiorari filed by Irving H. Picard—the Trustee for the estate of Bernard L. Madoff Investment Securities (“Madoff Securities”)—and the Securities Investor Protection…more

Bankruptcy Code, Bernie Madoff, Liquidation, Petition for Writ of Certiorari, Popular

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FinTech Update: New York’s Highest Court Upholds Conviction of Programmer Who Misappropriated Electronic Data

What is a “tangible reproduction or representation”? This was the question that New York state’s highest court confronted when it heard the case of a former Goldman Sachs employee who had misappropriated the company’s source…more

Criminal Prosecution, FinTech, Goldman Sachs, Misappropriation, Source Code

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COVID-19: The UK Logistics Sector: Future M&A Trends in a Post-Pandemic Environment

Introduction - Nothing focuses the mind more than when you cannot obtain food which, as Maslow's hierarchy of needs tells us, is the first building block of humanity's motivation (although it’s currently unclear where toilet…more

Business Interruption, Coronavirus/COVID-19, Investors, Supply Chain, UK

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Transparency and Accuracy: Observations from the SEC Risk Alert on Fee and Expense Deficiencies

In a recent risk alert (“Risk Alert”) issued by the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”), OCIE Staff summarized the most frequent fee and expense deficiencies…more

Disclosure Requirements, Fees, Investment Adviser, OCIE, Risk Alert

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Challenge Accepted: Federal Trade Commission Issues Final Rule Banning Noncompete Agreements for Most Workers

On Tuesday, 23 April 2024, the Federal Trade Commission (FTC or Commission) hosted a Special Open Commission Meeting, in which the Commissioners voted 3-2 to publish and issue a Final Rule that: bans for-profit employers from…more

Competition, Employer Liability Issues, Employer Responsibilities, Employment Contract, Federal Trade Commission (FTC)

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SEC Faults Private Equity Fund Manager for Acting as an Unregistered Broker and Failing to Comply With Fund Agreements

On June 1, 2016, the Securities and Exchange Commission (“SEC”) brought and settled charges against a private equity fund adviser and its principal owner for engaging in brokerage activity without registering as a broker-dealer…more

Broker-Dealer, Investment Adviser, Private Equity Funds, Securities and Exchange Commission (SEC), Securities Exchange Act

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Hart-Scott-Rodino Notification Thresholds to Increase and Filing Fees to Change

Beginning on 27 February 2023, the minimum value for transactions potentially requiring the filing of a Premerger Notification and Report Form under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR”…more

Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Premerger Notifications, Threshold Requirements

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The 2016 U.S. Presidential Election; Brexit West?

It is hard to overstate the political and policy parallels between the recent UK “Brexit” vote to leave the European Union (“EU”) and the pending U.S. presidential election. Both cases reflect the significant tensions between…more

Article 50 Treaty of the EU, Hillary Clinton, Political Candidates, Presidential Elections, Trump Administration

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Australian Corporate Insolvency Reform: the PJC's Report Is in, So What Can We Expect Next?

After a 10-month inquiry process, on 12 July 2023 the Parliamentary Joint Committee on Corporations and Financial Services (PJC) delivered its final report on the effectiveness of Australia’s corporate insolvency laws. In this…more

Australia, Corporate Restructuring, Debt Restructuring, Financial Services Industry, Insolvency

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Italian Supreme Court Tough Again on Formalities for Powers of Attorney

The Italian Supreme Court confirmed, yet again, the crucial importance of complying with certain Italian law formalities for the validity in Italy of a power of attorney granted and notarized abroad (the “PoA”). By decision no…more

Italy, Notarization, Power of Attorney

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Hydrogen Rising: Hydrogen Town Hall: Key Trends in Global Hydrogen Policy and Regulation

Since the Paris Climate Conference, innovations in the development of hydrogen energy have accelerated sharply, with the International Renewable Energy Agency (IRENA) now predicting green hydrogen will be competitive in 2030,…more

Energy Market, Energy Policy, Energy Projects, Energy Sector, Hydrogen Power

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What Constitutes Interchangeability? AbbVie Submits Citizen Petition to Suggest Requirements

On December 16, 2015, AbbVie submitted a citizen petition regarding the requirements necessary to show interchangeability of a biosimilar product. This petition follow’s AbbVie previous citizen petition and supplement regarding…more

AbbVie, Biosimilars, BPCIA, Food and Drug Administration (FDA), Pharmaceutical Industry

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How to Conduct Internal Investigations Outside the United States

Think of a U.S.-headquartered multinational when it receives an allegation of serious misconduct at one of its overseas operations. Maybe the company whistleblower hotline just got a tip that a secretary in the Buenos Aires…more

Best Management Practices, Chief Compliance Officers, Compliance, Corporate Counsel, Cross-Border

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SENSIS v SENSES – Federal Court Makes Findings of Deceptive Similarity

The Federal Court of Australia has found that the use of “SENSES DIRECT” was deceptively similar to an applicant’s earlier registered “SENSIS” trade marks…more

Australia, Intellectual Property Protection, Likelihood of Confusion, Trademark Infringement, Trademarks

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Governor Josh Shapiro Launches First Statewide Economic Development Strategy in Nearly Two Decades

From 2018 to 2022, Pennsylvania was outspent on economic development incentives by neighboring states in both total incentive spending and average deal size. Over the same period, neighboring states also outspent Pennsylvania on…more

Agricultural Sector, Economic Development, Economic Growth, Energy Sector, Federal Funding

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The SEC's New Rule Demonstrates That It Believes Shareholder Reports, Like Clothes, Should Be Tailored to You

On 26 October 2022, the Securities and Exchange Commission (SEC) adopted final rules and form amendments (the Final Rules) representing significant reforms to the content and delivery of shareholder reports for open-end mutual…more

Disclosure Requirements, ETFs, Final Rules, Securities and Exchange Commission (SEC), Shareholders

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SLAPPed Down: Washington Supreme Court Declares Anti-SLAPP Statute Unconstitutional

On May 28, the Washington Supreme Court held in Davis v. Cox that the state’s primary anti-SLAPP statute, RCW 4.24.525, violates the right to a jury trial guaranteed by the Washington Constitution. The statute, which creates a…more

Anti-SLAPP, Attorney's Fees, First Amendment, Jury Trial, Motion To Strike

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In Site - Spring 2018 Edition

Welcome to the Spring edition of “In Site”. This edition provides an update on the new 2017 FIDIC suite of contracts as well as brief case notes on recent interesting and important cases dealing with: - entitlement to an…more

Claim Procedures, Construction Disputes, Construction Industry, Construction Project, Contractors

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OIG Urges Additional Oversight to Combat Medicare Part D Fraud

Fraud, waste, and abuse in the Medicare Part D prescription drug program continue to threaten the integrity of the program and pose challenges to the federal agencies charged with its administration and oversight. Earlier this…more

Controlled Substances, Medicare, Medicare Part D, OIG, Physician Medicare Reimbursements

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The Privacist - Volume 1

BREXIT: DEAL OR NO-DEAL? DATA IS THE QUESTION - With the Brexit deadline looming ahead on 31 October 2019, the situation seemingly reaches new levels of uncertainty every day. Last week, the U.K. Supreme Court’s eleven judges…more

Cookies, Court of Justice of the European Union (CJEU), Data Breach, Data Controller, Data Protection

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Arbitration World - July 2014

Welcome to the 27th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Bilateral Investment Treaties, Conflict Resolution, Energy Reform

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Methods For Using Natural Compounds Can Be Patent-Eligible

On March 15, 2019, in Natural Alternatives International Inc. v. Creative Compounds LLC,[1] the U.S. Court of Appeals for the Federal Circuit reversed a judgment on the pleadings holding patent claims directed to methods of…more

Claim Construction, Patent Litigation, Patent-Eligible Subject Matter, Patents, Remand

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Another Season of Change in North Carolina Environmental Law - Part II

As discussed in Part I of our environmental legislative update published on November 12, 2015, the 2015 North Carolina legislative session resulted in a great deal of change for the state’s environmental programs…more

Brownfield Properties, Project Finance, Real Estate Development, Site Remediation, Underground Storage Tanks

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Arbitration World - July 2014

Welcome to the 27th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Bilateral Investment Treaties, Conflict Resolution, Energy Reform

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Brexit's Impact on ISDA Documentation

As previously noted in the client alert “Brexit: A First Look at the Impact on Asset Managers That Trade Derivatives,” Brexit is not anticipated to have an immediate impact on ISDA Documentation or derivatives contracts. Until…more

Derivatives, Due Diligence, EU, ISDA, ISDA Master Agreement

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Considerations for Construction Industry Employers as They Continue to Prepare for New Salary Thresholds Under White-Collar Overtime Exemptions

These changes to the overtime exemptions will touch almost every employer in the country, but they are likely to have a disproportionate impact on construction-related businesses, which are among the industries projected to have…more

Construction Industry, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary

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Patent and Plant Breeder’s Rights Year in Review

Welcome to the first edition of K&L Gates Australia, Patent and Plant Breeder’s Rights Year in Review in which we examine the significant judgments, developments and events effecting patents and plant breeder’s rights in…more

Australia, Patent Infringement, Patent Litigation, Patents, Plant Breeders Rights Act

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New AML Licence Conditions and Guidance from the Gambling Commission

Following an extensive consultation in 2015 on changes to the LCCP in relation to the prevention of crimes associated with gambling, and two short consultations in June 2016 on digital adverts and money laundering risks, the…more

Anti-Money Laundering, Gambling, LCCP, Risk Assessment

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UK Implements Changes to Beneficial Ownership Register Regime

On 26 June 2017 the Information about People with Significant Control (Amendment) Regulations 2017 (the "2017 Regulations") were brought into force. Key changes brought about by the 2017 Regulations include the…more

Beneficial Owner, European Economic Area (EEA), London Stock Exchange, Person with Significant Control (PSC Register), UK

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US Asset Management Regulatory Year in Review 2023

It is a dramatic understatement to describe 2023 as a busy year in the United States for asset management regulation. With 24 rules adopted and 18 new rules or rule amendments proposed, the US Securities and Exchange Commission…more

Asset Management, Beneficial Owner, Capital Markets, Compliance, Digital Assets

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Carolinas Corporate Update

We are pleased to share the following representative engagements from 2014: Strategic M&A - We advised private and public companies and their subsidiaries, both domestic and foreign, in their merger and acquisition…more

Complex Corporate Transactions, Corporate Sales Transactions, Initial Public Offering (IPO), Private Equity

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SEC's Settlement with BarnBridge DAO: Implications for the Future of DeFi

The BarnBridge decentralized autonomous organization (the DAO), along with its founders, agreed to a cease-and-desist order (Order), settling charges brought by the US Securities and Exchange Commission (SEC) finding that its…more

Cease and Desist Orders, Decentralized Autonomous Organization (DAO), Decentralized Finance (DeFi), Investment Companies, Securities and Exchange Commission (SEC)

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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French Finance Act for 2019: The Most Important Changes Affecting Businesses

The French Finance Act for 2019 was enacted on December 28, 2018 (the “Act”). The Act introduces significant changes to the interest deduction rules and to the favorable tax regime applicable to Industrial Property (“IP”)…more

Corporate Taxes, EBITDA, France, Income Taxes, Tax Avoidance

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The Corporate Transparency Act: Through a Family Office Lens

The Corporate Transparency Act (CTA) is going into effect on 1 January 2024 and will mandate the disclosure of certain information related to beneficial owners and controllers of most US domestic entities and certain non-US…more

Asset Management, Beneficial Owner, Corporate Transparency Act, Family Limited Partnerships, FinCEN

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K&L Gates Private Equity Funds Year-in-Review – A Lookback at 2017 and the Outlook for 2018

The global private equity fund industry remained strong in 2017, as both established and first-time fund managers launched new funds and deployed the capital of existing ones. We saw a diverse range of managers and strategies in…more

Fund Managers, Investors, Private Equity, Private Equity Funds, Real Estate Investments

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Japanese Government's Recent FAQ's Clarify How to Recognize E-Contract Services Under E-Signature Act

The Ministry of Internal Affairs and Communications, the Ministry of Justice, and the Ministry of Economy, Trade and Industry jointly issued FAQs (the FAQs) regarding the Act on Electronic Signatures and Certification Business…more

E-SIGN, E-Signatures, Electronic Agreements, Japan, Signatures

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SEC Examination and Enforcement Priorities, and Litigation Update: 2019 Washington D.C. Investment Management Conference

AGENDA - - SEC Enforcement and Exams in 2019 - Risk Alerts and Other Hot Button Issues - Enforcement Priorities and Selected Actions Pertaining to Investment Management - A Review of Recent SEC Statements and Developments…more

Cybersecurity, Financial Industry Regulatory Authority (FINRA), Investors, OCIE, SEC Examination Priorities

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New Flexibility for Hardship Withdrawals: Permissive Changes Starting 2019 and Required Changes by 2020

On November 14, 2018, the Internal Revenue Service (“IRS”) released Proposed Regulations to implement and expand upon the changes to 401(k) hardship distribution rules, previously mandated by the Bipartisan Budget Act of 2018…more

401k, Benefit Plan Sponsors, Bipartisan Budget Act, Employee Benefits, Hardship Distributions

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ANZ Wins Appeal – Late Payment Fees Held to be Enforceable

In a significant decision in Paciocco v ANZ [2015] FCAFC 50 (Paciocco), the Full Court of the Federal Court of Australia (Full Court) has upheld an appeal by ANZ Bank (ANZ) and overturned a 2014 Federal Court of Australia…more

Appeals, Australia, Consumer Financial Contracts, Consumer Lenders, Credit Cards

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Proposed Changes to Australia's Foreign Investment Framework

In response to the findings of a recent report on Foreign Investment in Residential Real Estate (Report) by the House of Representatives Standing Committee on Economics (Committee), the Commonwealth Government of Australia is…more

Australia, Foreign Investment, Legislative Agendas

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Disaster Preparedness Toolkit

While the onset of a natural disaster is generally unpredictable, we can proactively prepare with mitigation efforts and emergency response procedures. As we experienced throughout 2020, and through present day, natural…more

Acquisitions, Business Interruption, Business Losses, Disaster Preparedness, Insurance Claims

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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COVID-19: Bankruptcy Code Amendments in the Consolidated Appropriation Act and COVID-19 Bankruptcy Relief Extension Act

On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain COVID-19 bankruptcy relief provisions enacted as part of the…more

Bankruptcy Code, Borrowers, CARES Act, Consolidated Appropriations Act (CAA), Creditors

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Navigating the European ESG Disclosure Regime in a Post-Brexit World

Following increased public attention to the global sustainability agenda, investors, public institutions, and companies around the world are increasingly prioritizing environmental, social, and governance (ESG) measures as part…more

Disclosure Requirements, Environmental Social & Governance (ESG), EU, Investment, Investment Firms

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HUB Talks Presents: A Conversation on M&A with Jim Freund

In this episode of HUB Talks Presents, Corporate partner David Edgar discusses the ins and outs of mergers and acquisitions (M&A) law with well-known industry leader, Jim Freund. The two look back at Jim’s journey as an M&A…more

Acquisition Agreements, Acquisitions, Contract Negotiations, Merger Agreements, Mergers

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Channeling Claims: The Importance of Considering (And Updating) Exclusive Forum Provisions Now

In recent years, there has been an ever-increasing number of public and private companies adopting exclusive forum provisions in their charter or bylaws. Having exclusive forum provisions in place can be beneficial for a company…more

Bylaws, Exclusive Forum, Securities Act of 1933, State Securities Claims

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Governor Shapiro Takes Action to Improve Permitting Efficiency Within Pennsylvania Agencies

On 31 January 2023, Governor Josh Shapiro signed an Executive Order to improve Pennsylvania’s licensing, permitting, and certification processes. The Executive Order will help to establish a “date-certain” by which applicants…more

Executive Orders, Pennsylvania, Permits

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K&L Gates Supports Hempel Metallurgical and ECHA in Winning First Data-Sharing Appeal

A much anticipated decision in the first ever data-sharing appeal was announced by ECHA’s Board of Appeal (BoA) this week. The BoA upheld ECHA’s decision taken in July 2013 that the Vanadium Consortium (the Consortium) did not…more

Administrative Appeals, Data-Sharing, ECHA, UK

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Consultation Process on Ipso Facto Insolvency Regulations Begins

In September 2017, the Australian government introduced the most significant reforms to Australia's insolvency regime for the past 30 years with the enactment of the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act…more

Australia, Debt Restructuring, Insolvency, Ipso Facto Clauses

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Fashion Law Newsletter - March 2018

Style is something each of us already has, all we need to do is find it." – Diane von Furstenberg Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion…more

Australia, Brand, Cybersquatting, Domain Names, Fashion Branding

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A Winning Combination: Uncle Sam’s Excess Property Inventory and the Opportunity Zone Tax Incentive

GSA Properties Open Window of Opportunity for Investors with Capital Gains - A new mandate requiring the federal government to sell property it no longer uses or needs creates significant “opportunities” for investors with…more

Capital Gains, General Services Administration (GSA), Opportunity Zones, Tax Cuts and Jobs Act, Tax Incentives

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Washington Attorney General Announces New Policy to Seek Tribes’ Consent

Washington Attorney General Bob Ferguson announced a new policy requiring “free, prior and informed consent” from tribes on Attorney General’s Office (“AGO”) projects or initiatives that could impact tribal interests, including…more

Attorney General, Native American Issues, Tribal Lands

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FINRA’s Most Significant 2016 Enforcement Actions

The Financial Industry Regulatory Authority (“FINRA”), the self-regulatory organization for broker-dealers, brings about 1,500 enforcement actions a year. Often lost in the volume of actions, however, are the ones that merit…more

Anti-Money Laundering, Broker-Dealer, Due Diligence, Enforcement Actions, ETFs

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German Coalition Leaders Agree on Reform of Temporary Agency Work Regulations

What has happened? - On May 10, 2016, the leaders of the German government coalition agreed on a reform of the German legislation dealing with temporary agency work. The agreement follows months of dispute between the…more

Corporate Counsel, EU, Germany, Hiring & Firing, Temporary Employees

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SEC Adopts Final Rule Implementing Amendments to Regulation S-K, Regulation S-X, and other Securities Laws to Simplify Disclosure Requirements

In August 2018, the Securities and Exchange Commission (the “Commission”) adopted amendments to certain disclosure requirements set forth in Regulation S-K, Regulation S-X, and other Commission rules and forms promulgated under…more

Amended Regulation, Disclosure Requirements, Final Rules, Financial Statements, GAAP

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The New Fund of Funds Rule and ETFs—(Missed) Opportunities

The SEC recently adopted Rule 12d1-4 (Rule 12d1-4 or Rule) under the Investment Company Act of 1940 (1940 Act) to streamline the regulatory framework applicable to registered funds that invest in other funds (funds of funds)…more

Asset Management, ETFs, Investment, Investment Company Act of 1940, Investment Funds

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Supreme Court Remands Securities Class Action Against Goldman Sachs Back to Second Circuit

On 21 June 2021, in a narrow ruling, the Supreme Court held that courts may consider the generic nature of an alleged misrepresentation as evidence of a lack of price impact where defendants seek to rebut the presumption of…more

Basic v Levinson, Class Action, Goldman Sachs, Presumption of Reliance, SCOTUS

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No UK corporation tax deduction for penalty imposed under the code of the Fédération Internationale de l'Automobile ("FIA")

In an appeal by HMRC against a decision of the First-tier Tribunal ("FTT"), the Upper Tribunal (Tax and Chancery Chamber) ("UT") decided that a penalty imposed on McLaren Racing Limited ("McLaren") in respect of a breach of the…more

Corporate Taxes, Income Taxes, International Tax Issues, Tax Deductions, UK

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District Court Shows Timeshare "Exit" Attorney the Exit

In May of 2022, a New Jersey District Court ruled in favor of Diamond Resorts, declining to find them liable under the Fair Credit Reporting Act. The case, Esperance v. Diamond Resorts, provides insight on how courts are…more

Credit Reports, Debt, Fair Credit Reporting Act (FCRA), Timeshare

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US Supreme Court Holds that an Appeal from a Denial of a Motion to Compel Arbitration Stays the District Court Proceeding

The US Supreme Court has settled the question of whether an interlocutory appeal of the denial of a motion to compel arbitration pursuant to Section 16(a) of the Federal Arbitration Act (FAA) automatically stays the district…more

Arbitration, Coinbase Inc v Bielski, Federal Arbitration Act, Motion to Compel, SCOTUS

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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Exchanges Adopt Generic Listing Standards for Actively Managed ETFs

Introduction - Earlier this year, the Securities and Exchange Commission (“SEC”) approved new rules proposed by Bats BZX Exchange, Inc. (“Bats”) and NYSE Arca, Inc. (“Arca”) that establish generic listing standards (“Active…more

Derivatives, ETFs, Reporting Requirements, Securities and Exchange Commission (SEC)

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A Not-So-Silver Lining: The Ninth Circuit Vacates EPA’s Conditional Approval of a Nanosilver Pesticide Used in Manufacturing “Antimicrobial” Consumer Products

Do you manufacture, distribute or sell products such as trash cans, cell phones, computers, furniture, watch bands, uniforms, sportswear, or office supplies that have labels claiming that the products are “antimicrobial” or…more

Environmental Protection Agency (EPA), FIFRA, Nanosilver, Pesticides

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Royal Commission into Aged Care Quality and Safety

On 16 September 2018, Prime Minister Scott Morrison announced a Royal Commission into the Aged Care Sector to examine the quality of care provided to both senior Australians and young Australians with disabilities in residential…more

Australia, Health Care Providers, Quality of Care Standards, Residential Care Facilities

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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German Whistleblower Protection Act Enters into Force

On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels enabling employees to report certain…more

Employees, Employer Responsibilities, Germany, Whistleblower Protection Policies, Whistleblowers

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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Insurance Coverage Alert: Lessons to Learn about Cyber Risk - Various Claimants v Morrisons Supermarket PLC [2017] EWHC 3113 (QB)

A recent judgment of the High Court provides a stark lesson for organisations about the need to protect themselves properly against cyber-related risks. With the introduction of the General Data Protection Regulation ("GDPR") in…more

Cybersecurity, Data Breach, Data Protection, Data Security, EU

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Ninth Circuit Cans Berkeley Gas Ban Under Federal Law

On 17 April 2023, in California Restaurant Association v. City of Berkeley, the Ninth Circuit struck down a local ordinance banning natural gas piping in newly constructed buildings, concluding that federal law preempts the…more

Infrastructure, Local Ordinance, Natural Gas, Oil & Gas, Utilities Sector

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PTAB’s Motion to Amend Patentability Powers

In a 2-1 split decision on Wednesday, July 22, 2020, the Federal Circuit confirmed that the Patent Trial and Appeal Board (“PTAB“) had the authority to reject substitute claims under 35 U.S.C. §§ 101 and 112, statutory grounds…more

Patent Litigation, Patent Trial and Appeal Board, Patents

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SEC Issues Investment Company Reporting Modernization Rules

On October 13, 2016, the Securities and Exchange Commission (“SEC”) adopted significant reforms under the Investment Company Act of 1940, as amended (“1940 Act”), that impose extensive new disclosure and reporting obligations on…more

Derivatives, Disclosure Requirements, EDGAR, Form N-CEN, Form N-PORT

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German National Security Review of M&A Transactions – New Checkpoints for Acquirers from the United States, China, Japan, and Other Countries Outside of the EU

With the 9th amendment of the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung) (“FTAPO”) adopted on 18 July 2017, the German Federal Government has specified and extended its powers to review and approve…more

Acquisitions, EU, Foreign Investment, Germany, National Security

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Changes to Federal Estate, Gift, and Generation-Skipping Transfer Tax Laws

President Trump signed the Tax Cuts and Jobs Act (the “Act”) on December 22, 2017, implementing a new law that affects many taxpayers. This Alert addresses some of the changes to the federal estate, gift, and generation-skipping…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption

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Practical and Legal Implications of Coronavirus Outbreak for Healthcare Providers

The respiratory disease caused by a novel coronavirus was first detected in China and has now been detected in almost 70 locations internationally, including in the United States…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health and Safety, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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K&L Gates Texas Environmental Legislative Review

The 84th Texas Legislature ended June 1, 2015. This was the first legislative session under Republican Governor Greg Abbott, and while over 6,000 bills were filed, approximately 1,300 were enacted. For your review, we have…more

Chemicals, Desalination, Landfills, New Legislation, Oil & Gas

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SEC Solicits Comments on Whether Index Providers, Model Portfolio Providers, and Pricing Services Are Investment Advisors: Seeking a Problem for a "Solution"

Introduction - On 15 June 2022, the Securities and Exchange Commission (SEC) issued a “Request for Comment on Certain Information Providers Acting as Investment Advisers” (Request)…more

Asset Management, Broker-Dealer, Fiduciary Duty, Investment Adviser, Investment Company Act of 1940

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Antitrust Investigations Into Supply of Construction Chemicals

The construction industry has been under the watchful eye of the United Kingdom’s Competition and Markets Authority (CMA) in recent times and there have been a number of high profile fines and director disqualifications. For…more

Construction Industry, Construction Project, Enforcement Actions, Investigations, Regulatory Standards

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New Obligations for Foreign Investors in Agricultural Land in Australia

The Australian Government has demonstrated its commitment to create greater transparency around foreign investment in agricultural land by introducing a national Foreign Ownership of Agricultural Land Register (Register)…more

Agricultural Land, FIRB, Foreign Investment, Foreign Ownership

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United States Imposes Unprecedented Outbound Investment Controls Focused on China

On 9 August 2023, President Biden issued a long anticipated executive order imposing certain limitations, reporting requirements, and prohibitions on outbound investment from the United States into certain sensitive industry…more

Advanced Notice of Proposed Rulemaking (ANPRM), Biden Administration, CFIUS, Economic Sanctions, Executive Orders

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Changes to North Carolina's Mechanics' Lien Statue

There are significant changes to North Carolina’s mechanics’ lien statute that take effect on Monday, April 1, 2013. These changes impose new duties on property owners regarding the designation of a private lien agent on almost…more

Building Permits, Mechanics Lien

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COVID-19: Understanding the Borrower Certification Requirements under the Paycheck Protection Program

BACKGROUND - In order to obtain a Paycheck Protection Program (PPP) loan, Section 1102(G) of the Coronavirus Aid, Relief and Economic Security (CARES) Act, requires that an eligible recipient certify to the following four…more

Borrowers, CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP)

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COVID-19: (Australia) Forgotten Issues: What Business Continuity Planning in the COVID-19 Era Isn’t Contemplating

*This information is accurate as of 7.00 pm Monday 30 March 2020 and is subject to change as this situation evolves. As the world grinds to a halt following the dispersion of COVID-19 and businesses around the globe…more

Australia, Business Continuity Plans, Coronavirus/COVID-19, Remote Working, Technology

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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Litigation Minute: Obtaining Information After the Close of Discovery

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Imagine this scenario: you just learned that the opposing party is using the same witness or expert from your case in some related litigation. You have good reason to suspect that the…more

Disclosure Requirements, Discovery, Trial Preparation, Witness Statements, Witnesses

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Franchising Update

Many franchisors and other participants in the franchising sector are anticipating with concern the outcome of The Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Bill) which was introduced into the Federal…more

Australia, Data Breach, Data Protection, Fair Work Act, Franchise Agreements

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Texas Updates

Over the last several months there have been a number of developments within the Electric Reliability Council of Texas (ERCOT) region. The most significant have been the issuance of a Joint Blackstart Availability Study and the…more

Electricity, Energy Sector, FERC, Natural Gas, NERC

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Federal Circuit Declines to Alter Alien Venue Rule in Patent Cases Post-TC Heartland

On Wednesday, May 9, 2018, the Federal Circuit settled another question raised by last year’s TC Heartland decision and reaffirmed the long-standing rule that foreign defendant corporations may be sued for patent infringement in…more

Improper Venue, Patent Litigation, Patents, TC Heartland LLC v Kraft Foods, Transfer of Venue

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Major Patent Law Changes First-to-File Provisions - Effective March 16, 2013

On Saturday, March 16, 2013, the “first-inventor-to-file” provisions of the Leahy-Smith America Invents Act (“AIA”) go into effect. These provisions replace the current “first-to-invent” system. In addition to various other…more

America Invents Act, First-to-File, First-to-Invent, Patent Applications, Patent Reform

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Supreme Court Remands Securities Class Action Against Goldman Sachs Back to Second Circuit

On 21 June 2021, in a narrow ruling, the Supreme Court held that courts may consider the generic nature of an alleged misrepresentation as evidence of a lack of price impact where defendants seek to rebut the presumption of…more

Basic v Levinson, Class Action, Goldman Sachs, Presumption of Reliance, SCOTUS

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Litigation Minute: Provisional Remedies in Federal Court: A Minute on Prejudgment Writs

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Provisional remedies are critical tools for preserving the parties' status quo until the court has had an opportunity to decide the case and issue a final judgment…more

Dispute Resolution, Garnishment, Sequestration, Writ of Attachment

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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COVID-19: (Australia) ASIC and ASX Announce Temporary Fundraising Relief for ASX-Listed Entities

*This information is accurate as of 2.00pm (Sydney time) Thursday 2 April 2020 and is subject to change as this situation evolves. In an attempt to provide publicly listed entities with enhanced fundraising flexibility in the…more

ASIC, Australia, Australian Securities Exchange (ASX), Coronavirus/COVID-19, Publicly-Traded Companies

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Australian Unfair Contract Terms Laws and International Business: High Court Finds Global Contract Subject to Australian Laws and Class Action Waiver Clause to be Unfair

In Brief - The High Court of Australia (the Court) has provided important guidance on the application of Australia’s unfair contract terms (UCT) regime to global standard form contracts, the validity of class action waiver…more

Australia, Australian Competition and Consumer Commission (ACCC), Australian Consumer Law, Class Action, Contract Terms

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Update: EU VAT on E-Commerce

There are a great variety of electronically provided services (“e-services”) and the respective market is rapidly growing. The general definition is that e-services are services which are delivered over the Internet or an…more

Corporate Taxes, E-Commerce, EU, Value-Added Tax (VAT)

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ANZ Wins Appeal – Late Payment Fees Held to be Enforceable

In a significant decision in Paciocco v ANZ [2015] FCAFC 50 (Paciocco), the Full Court of the Federal Court of Australia (Full Court) has upheld an appeal by ANZ Bank (ANZ) and overturned a 2014 Federal Court of Australia…more

Appeals, Australia, Consumer Financial Contracts, Consumer Lenders, Credit Cards

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Arbitration World

FROM THE EDITORS: Welcome to the 36th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Federal Arbitration Act

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Working Wise: Accommodating an Employee's Disability through Leaves of Absence

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable…more

Americans with Disabilities Act (ADA), Disability, Disability Leave, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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UPDATE: Developments in the Ukraine and Impact on Investments

Following the agreement between G7 leaders on 25 April to promptly impose additional sanctions on Russia as it has failed to deliver on its Geneva commitments, the EU and the U.S. have now added new individuals and entities to…more

Bureau of Industry and Security (BIS), EU, European Commission, Frozen Assets, Office of Foreign Assets Control (OFAC)

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The Privacist - Volume 1

BREXIT: DEAL OR NO-DEAL? DATA IS THE QUESTION - With the Brexit deadline looming ahead on 31 October 2019, the situation seemingly reaches new levels of uncertainty every day. Last week, the U.K. Supreme Court’s eleven judges…more

Cookies, Court of Justice of the European Union (CJEU), Data Breach, Data Controller, Data Protection

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COVID-19: Update on Government and Regulator Responses for Superannuation Funds and Fund Managers

Since our last update in late June, governments and regulators have been continuing to address COVID-19 issues with new updates released regularly. Notably, regulators have also extended some temporary measures given the ongoing…more

ASIC, Asset Management, Asset Valuations, Australia, Coronavirus/COVID-19

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What to do When an Inspector Comes Knocking

Visits to workplaces by work health and safety (WHS) inspectors are a necessary part of the enforcement regime of WHS regulators. They often occur in circumstances where organisations are under considerable time pressures,…more

Australia, Employer Liability Issues, Safety Inspections, Workplace Safety

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May the Force Be with You: North Dakota Supreme Court Affirms that Force Majeure Clause Applies to Primary Term of Oil and Gas Leases

The North Dakota Supreme Court recently held, in Pennington v. Continental Resources, Inc., that a force majeure clause could toll the primary term of an oil and gas lease, even in the absence of initial operations or…more

Contract Terms, Force Majeure Clause, Leases, Oil & Gas

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Hydrogen Rising: Commercial Issues in Europe in the Development of the Hydrogen Value Chain

K&L Gates partner Tariq Fedda sits down with Hydrogen Rising co-hosts David Wochner, Partner at K&L Gates, and Sandra Safro, Associate General Counsel at the Edison Electric Institute, to discuss a range of commercial issues…more

Contract Negotiations, Department of Energy (DOE), Energy Market, Energy Projects, Energy Sector

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Mandatory Data Breach Reporting Bill Introduced Into Parliament

The Privacy Amendment (Privacy Alerts) Bill 2013 was introduced into Parliament on 29 May 2013. Having been recommended by the Senate Committee report tabled on 24 June, it appears that Parliament intends to pass the Bill before…more

Data Breach, Data Protection, EU, Personally Identifiable Information, Proposed Legislation

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Orion and London and Overseas Scheme Administrators Announce Bar Date for Filing Claims Under Newly Approved Amending Scheme

Our Alert dated December 1, 2015 discussed the High Court of Justice of England and Wales’ approval of the proposed Amending Scheme of Arrangement for OIC Run-Off Limited (formerly the Orion Insurance Company limited) (“Orion”)…more

Bankruptcy Court, Insurance Industry, Opt-Outs, Scheme of Arrangement, UK

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Litigation Privilege Revisited in the Context of Internal Investigations

The recent English High Court decision in Bilta (UK) Ltd v Royal Bank Of Scotland Plc & Anor [2017] EWHC 3535 (Ch) (“Bilta”) addressed the scope of litigation privilege and cast doubt on some of the principles set out in the…more

HMRC, Internal Investigations, Litigation Privilege, Royal Bank of Scotland, UK

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When Transparency Becomes Opaque: District Court Finds Corporate Transparency Act Unconstitutional

Executive Summary - On 1 March 2024, the US District Court for the Northern District of Alabama issued an opinion holding the Corporate Transparency Act (CTA) unconstitutional…more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, National Security

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EU Data Protection: Updated EDPB Guidance on Consent Clarifies the Mechanism for Cookie Consent

Approaching its second anniversary this month, the European General Data Protection Regulation (GDPR) has never been as relevant as in these unprecedented COVID-19 times. While several countries are considering the…more

Cookies, Data Privacy, Data Protection, EU, General Data Protection Regulation (GDPR)

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11th Amendment to the German Competition Act (GWB): New Powers of Intervention for the Bundeskartellamt Creating New Challenges for Companies

A Reform to Strengthen Competition - After publication on 6 November 2023, the long awaited latest reform of German competition law has finally entered into force. Germany’s Vice Chancellor and Federal Minister for Economic…more

Antitrust Provisions, Competition, Digital Marketplace, EU, Germany

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New UK Mandatory Energy Assessment Scheme

On 17 July 2014, the Energy Savings Opportunity Scheme (“ESOS”) came into effect, which implements various elements of the EU Energy Efficiency Directive 2012. ESOS requires companies over a minimum size threshold and some other…more

Audits, Energy Policy, UK

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How the Fair Work Commission Assesses your Agreements (And Why it's So Complex)

In a decision handed down last week, the Fair Work Commission (FWC) has given (perhaps unintended) insight into the ever more complex process of getting an Enterprise Agreement approved. Enterprise Agreements will continue to…more

Australia, Employer Liability Issues, Enterprise Agreements, Fair Work Commission

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Australian Offshore Petroleum – What's New in 2014

Summary of What's New in 2014 - The year 2014 brings a number of regulatory changes for Australia’s offshore petroleum industry that will affect domestic and international investors, operators and owners…more

Australia, Energy Sector, Environmental Policies, Offshore Drilling, Oil & Gas

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Current Industry Terms and Observations: 2019 Seattle Investment Management Conference

AGENDA - - Where is the money going? - Where is the money coming from? - Observation of market terms - Ways to enhance returns - Changing terms and issues to consider - Practical realities of being an investor …more

CFIUS, Hedge Funds, Investment Funds, Private Equity, Venture Capital

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Court Says Refinancing Lender Can’t Get No Satisfaction When Paying Down Existing Lender’s HELOC

Loan servicers often receive payments on open-end home equity lines of credit (“HELOC”) that pay the balance down to $0. Sometimes that is because the borrower intends to pay off the loan through a refinancing or sale of the…more

Borrowers, Deed of Trust, Home Equity Line of Credit, Lenders, Loan Servicer

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UK Company Restructuring Plans: What Is Next After Adler?

The England and Wales Court of Appeal recently handed down its first judgment relating to a restructuring plan under Part 26A of the UK Companies Act 2006: Re AGPS Bondco Plc [2024] EWCA Civ 24. Restructuring plans were a 2020…more

Corporate Restructuring, Cramdown, Creditors, Debt Restructuring, Equity

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Unprecedented Maine Supreme Court Reversal - A Huge Win for Maine Mortgage Lenders

Not often do courts explicitly reverse their own precedent, especially when that precedent was a unanimous 7-0 opinion issued only a few years earlier. But that is precisely what happened last week when the Supreme Judicial…more

Borrowers, Consumer Lenders, Financial Services Industry, Foreclosure, Mortgage Lenders

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Key Takeaways from the NLRB’s Flip-Flop on Joint Employment Standards

The National Labor Relation Board’s (“NLRB’s” or “Board’s”) standards for determining joint employment are in flux. In Browning-Ferris Industries, the Obama-era Board overturned three decades of precedent that limited joint…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Joint Employers, NLRA

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US Supreme Court Holds Business Registration Subjects Out-of-State Companies to General Personal Jurisdiction

On 27 June 2023, in a plurality opinion authored by Justice Gorsuch, the United States Supreme Court issued its ruling in Mallory v. Norfolk Southern Railway Co., holding that a company’s decision to register to do business in…more

Constitutional Challenges, Due Process, Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co

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An Ounce of Prevention: Act Now with “.sucks” Registration Opening

As many brand owners may know, the Internet Corporation for Assigned Names and Numbers (“ICANN”) recently approved the .sucks gTLD. The Sunrise period for trademark owners to register .sucks domain names containing their…more

Domain Names, gTLD, ICANN, Sunrise Periods, Trademarks

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Ninth Circuit Finds That Costco Is Not Just a Retailer, but Actively Competes With Wholesalers With Respect to Robinson-Patman Price Discrimination Claims

Price discrimination under the Robinson-Patman Act (RPA) involves charging different prices to competing buyers for the same product. This was the key issue recently before the Ninth Circuit in U.S. Wholesale Outlet & Distrib…more

Costco, Price Discrimination, Retail Market, Retailers, Robinson-Patman Act

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7 to 2 - The US Supreme Court Confirms That Federal Nursing Home Reform Act Creates Patient Enforceable Rights

On 8 June 2023, in Health and Hospital Corporation of Marion County v. Talevski, the United States Supreme Court ruled that the rights set out in the Federal Nursing Home Reform Act (FNHRA) can be enforced under 42 U.S.C. § 1983…more

Federal Nursing Home Reform Act (FNHRA), Health Care Providers, Long Term Care Facilities, Nursing Homes, Patient Rights

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New Commercial Drone Rules Take Flight: Understanding Implications, Opportunities, and What’s Next

America’s skies will be open for business as a result of new rules released by the Federal Aviation Administration (“FAA”) regarding the commercial operation of small unmanned aircraft systems (“sUAS”), or “drones.” (See our…more

Commercial Use, Corporate Counsel, Drones, Federal Aviation Administration (FAA), Section 333 Exemption

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Punch and File the License Agreement? The New Duty under German Law to Proactively Inform When Using Copyrights

New statutory duty for copyright users to proactively inform–first reporting required by 7 June 2023! Background - No matter if you are an online portal or a traditional company: anyone who uses creative content should…more

Copyright, Germany, License Agreements

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Fair Work Act Changes - Important Changes Approaching

In our recent alert, we set out some of the key upcoming changes in Australian employment law. Since then, there has been further progression as the Labor Government implements its workplace agenda. We have set out a timeline…more

Australia, Employee Rights, Fair Work Act, Flexible Work Arrangements, Paid Leave

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Granston Guidance: Leaked Memorandum Encourages DOJ Attorneys to Seek Dismissal of Meritless FCA Qui Tam Suits

A recently leaked U.S. Department of Justice (“DOJ”) memorandum asks government attorneys to consider seeking the outright dismissal of “meritless” qui tam actions filed under the False Claims Act (“FCA”). The eight-page…more

Department of Justice (DOJ), Dismissals, False Claims Act (FCA), Frivolous Lawsuits, Motion to Dismiss

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Fair Work Commission Bullying Decision Defines 'Reasonable Management Action'

On 12 May 2014, the Australian Fair Work Commission (FWC) handed down its first substantive ruling in the new bullying jurisdiction and, in doing so, provided some much needed guidance to employers as to what constitutes…more

Australia, Employee Rights, Fair Work Commission

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BTR Series Part 9—Navigating the Need for Foreign Investment Approval

In Part 9 of this series, we take a closer look at the foreign investment considerations for build-to-rent (BTR) projects. In particular, we consider the circumstances where a foreign developer or financier would likely need to…more

Australia, FIRB, Foreign Acquisitions, Foreign Investment, Real Estate Development

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Election 2019 Wrap-up: Will ScoMo Keep the Status Quo?

The Scott Morrison-led Coalition is set to get another term. Will the win against the odds result in changes to Australia's employment laws?…more

Australia, Fair Work Commission, Hiring & Firing, International Labor Laws, Unions

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U.S. Supreme Court Unanimously Rules Time Spent Undergoing Mandatory Security Screenings is Not Compensable Under the FLSA

In a decision that will certainly benefit employers facing claims of pre-shift and post-shift off-the-clock work, on December 9, 2014, the United States Supreme Court unanimously held that employees’ time spent waiting to…more

Amazon, Fair Labor Standards Act (FLSA), Integrity Staffing v Busk, SCOTUS, Security Checks

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North Carolina Court Rules in Favor of Commercial Property Policyholders: Government's COVID-19 Shutdown Orders Caused "Physical Loss" of Property

n a first-of-its-kind decision in the United States, a North Carolina state court recently granted summary judgment to a group of restaurants’ claims seeking insurance coverage for business interruption losses arising out of…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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CMS Finalizes New Interoperability Rule Promoting Improvements to Prior Authorization Processes

On 17 January 2024, the Centers for Medicare & Medicaid Services (CMS) released a final rule outlining new interoperability and prior authorization requirements for certain payors (Final Rule). With the adoption of the Final…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Electronic Medical Records, Health Care Providers, Health Insurance

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The SEC Publishes 2024 Examination Priorities Ahead of Schedule, Previewing Key Areas of Focus for Registered Entities

On 16 October 2023, the Division of Examinations (Division) of the US Securities and Exchange Commission (SEC) released its examination priorities for the 2024 fiscal year (the Report). The Division released this Report earlier…more

Anti-Money Laundering, Asset Management, Broker-Dealer, Capital Markets, Compliance

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Delaware Chancery Court Rejects Fraud-Based and Uncapped Indemnification Claims of Great Hill Partners Against the Founders of Plimus

In a case arising out of the purchase by Great Hill Partners of Plimus (now known as BlueSnap, Inc.), the Delaware Court of Chancery, after a 10-day trial and extensive post-trial briefing and oral argument, recently rejected…more

Debit and Credit Card Transactions, Fraud, Indemnification, Payment Processors

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2021 Health Care Employment Law Year in Review

Health care-related employment laws became a prevalent topic in 2021—the year of the COVID-19 vaccination mandates. States and the federal government continued to adopt differing approaches on mandates affecting different…more

Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, OSHA, Reasonable Accommodation

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FY2025 Budget Supports Biden Administration's Focus on Fairness in the Tax Code

Overview - On Monday, 11 March 2024, the Biden administration released the president’s budget request (PBR) for fiscal year 2025 (FY2025), as well as the “Greenbook” containing explanations of the various revenue proposals in…more

Biden Administration, Capital Gains, Excise Tax, Federal Budget, GILTI tax

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New German Fund Taxation Rules

After many years of discussions and various proposals that were later dismissed, the German legislature last month finally passed a law that substantially amends the principles of fund taxation in Germany. This Investment Tax…more

Germany, Institutional Investors, Investment Funds, Investors, UCITS

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SEC Modernizes Share Repurchase Rules with New Repurchase Disclosures

On 3 May 2023, the Securities and Exchange Commission (the SEC) adopted amendments to modernize the disclosure requirements relating to repurchases of an issuer’s equity securities, including requiring issuers to provide…more

Asset Management, Capital Markets, Corporate Governance, Disclosure Requirements, Securities and Exchange Commission (SEC)

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German Supervisory Authority Initiates Post-Schrems II Enforcement Against EU Companies Using U.S. Service Providers

The Bavarian Data Protection Authority recently prohibited a European company from using U.S. newsletter provider Mailchimp in a first-of-its-kind decision. Since the Schrems II decision of the Court of Justice of the European…more

Court of Justice of the European Union (CJEU), Data Protection Authority, Data Transfers, Enforcement Actions, EU

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Ensuring Continuity of Care Following a Cyberattack: ARPA-H Launches Project to Enhance Cybersecurity Tools for Health Care Organizations

In this episode, Rebecca Schaefer and Martin Folliard discuss cybersecurity threats faced by health care organizations and a new federal research agency initiative to help create security tools to protect the US health care…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Preparing for the Next Hanjin: The Unique Challenges and Ripple Effects of Maritime Insolvency and Restructuring

As we attempt to mitigate the potential effects of the COVID-19 pandemic on our global supply chain, stakeholders should be actively considering downstream impacts. In this current environment, considering prospective internal…more

Commercial Bankruptcy, Insolvency, Maritime Liens, Restructuring, Shipping Cargo

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"No Concrete Harm, No Standing:" U.S. Supreme Court's Decision Solidifies Standing Requirements for Fair Credit Reporting Act Claims

On 25 June 2021, the U.S. Supreme Court issued its decision in TransUnion LLC v. Ramirez, clarifying the nature of the harm sufficient to establish Article III standing to maintain a Fair Credit Reporting Act (FCRA) claim. After…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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K&L Gates Texas Environmental Legislative Review

The 84th Texas Legislature ended June 1, 2015. This was the first legislative session under Republican Governor Greg Abbott, and while over 6,000 bills were filed, approximately 1,300 were enacted. For your review, we have…more

Chemicals, Desalination, Landfills, New Legislation, Oil & Gas

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North Carolina Supreme Court Endorses and Clarifies General Assembly’s Constitutional Authority to Appoint Executive Branch Officers

On January 29, 2016, the North Carolina Supreme Court issued an opinion endorsing and clarifying the authority of the North Carolina General Assembly to appoint officers to legislatively created offices in State ex rel McCrory…more

Appointments Clause, Article III, General Assembly, NC Supreme Court, Political Appointments

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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Arbitration World - November 2021

FROM THE EDITORS - In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the…more

Arbitral Authority, Arbitration, Arbitration Agreements, Arbitration Awards, Dispute Resolution

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WARNING: Proposition 65 Warning Requirements Have Changed

Thirty years after its enactment, California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly referred to as “Proposition 65”) remains an undiminished irritant to businesses who sell products that are used in…more

Chemicals, Corporate Counsel, Manufacturers, OEHHA, Proposition 65

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California Supreme Court Allows Unmanageable PAGA Claims to Survive Challenge

On 18 January 2024, the Supreme Court of California (Court) unanimously held that trial courts lack inherent authority to dismiss with prejudice claims brought under the Labor Code Private Attorneys General Act of 2004 (PAGA)…more

CA Supreme Court, Employer Liability Issues, Labor Code, Private Attorneys General Act (PAGA), Split of Authority

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The Commercial Court of England and Wales Outlines Limitations under English law on the Doctrine of Separability in Respect to Agreements to Arbitrate

The Commercial Court of England and Wales has outlined limitations of the doctrine of “separability,” i.e., the notion that an arbitration agreement within a commercial contract is distinct from the main contract itself, in a…more

Arbitration, Arbitration Agreements, Arbitration Awards, Commercial Contracts, Commercial Court

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A New Era for Property Transactions in Queensland – Property Occupations Act 2014 to Replace PAMDA

New Legislation Replacing PAMDA - The Property Occupations Act 2014 (POA) was passed on 6 May 2014. The date of commencement has not yet been announced or proclaimed. Those familiar with property transactions in…more

Australia, New Legislation, Purchase Agreement, Real Estate Transfers

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Another Season of Change in North Carolina Environmental Law - Part II

As discussed in Part I of our environmental legislative update published on November 12, 2015, the 2015 North Carolina legislative session resulted in a great deal of change for the state’s environmental programs…more

Brownfield Properties, Project Finance, Real Estate Development, Site Remediation, Underground Storage Tanks

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Breaking News – Full Federal Court Confirms Patentability of Isolated Genes

A five-judge bench of the Full Court of the Federal Court of Australia (Full Court) has today unanimously decided that Myriad Genetics Inc's (Myriad) patent covering the isolated BRCA1 gene (Patent) is patentable subject matter…more

Australia, BRCA, DNA, Genetic Materials, Myriad

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COVID-19: Back to Business: Congress Considers Liability Protections and Safety Regulations for Employers, Health Care Workers

On May 12, the Senate Judiciary Committee held a hearing to examine the issue of whether the next round of coronavirus (COVID-19) relief legislation should include limits on employees and consumers’ ability to sue health care…more

Coronavirus/COVID-19, Employer Liability Issues, Healthcare Workers, Risk Management, Workplace Safety

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FERC Interconnection Reform is Full Steam Ahead

On 21 March 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 2023-A, rehearing and clarifying its landmark generator interconnection reform final rule. Order No. 2023-A largely upheld the interconnections…more

Deadlines, Energy Projects, Energy Sector, Energy Storage, FERC

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Washington Supreme Court Applies Public Records Act to Public Employees’ Private Cell Phones

On August 27, the Washington Supreme Court unanimously held in Nissen v. Pierce County that text messages sent or received by a public employee in his or her official capacity are public records within the meaning of the Public…more

Cell Phones, Good Faith, Popular, Prudential Regulation Authority (PRA), Public Employees

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New Mandatory and Publicly Available Registers Will Disclose Ultimate Individual Controllers of Most UK Companies and All English Law LLPs

The Small Business, Enterprise and Employment Act 2015 introduces important reforms by the UK Government aimed at increasing transparency over the ownership and control of UK companies and English law LLPs. One of the most…more

Limited Liability Partnerships, Person with Significant Control (PSC Register), Small Business, UK

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Italian Game Agency to Issue New Rules for Betting on Virtual Events

The Italian Game Agency is issuing new rules for betting on virtual events. Draft of a new decree (the “Decree”) was notified to the European Commission on March 31, 2016. The EC will verify that the Decree complies with…more

EU, European Commission, Fantasy Sports, Gambling, Internet

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CMS Announces Artificial Intelligence Health Outcomes Challenge

On March 29, 2019, the Centers for Medicare & Medicaid Services (CMS), in partnership with the American Academy of Family Physicians (AAFP) and the Laura and John Arnold Foundation, announced its Artificial Intelligence (AI)…more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Hospitals, Popular

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Offshore Wind Handbook

The U.S. offshore wind market has surged in growth over the last few years, bolstered by the U.S government’s commitment in 2021 to increase offshore wind lease capacity as well as the Biden Administration’s declaration that the…more

Asset Management, Biden Administration, BOEM, Energy Policy, Energy Projects

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Carbon Quarterly – Volume 3

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Energy Sector, Green Energy

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Trademark Infringement Claims – Does Your CGL Insurer Have a Duty to Defend? A Recent Third-Circuit Decision Says "Yes"

Trademark infringement lawsuits are among the risks faced by businesses running comparative advertisements referring to a competitor’s products. When facing such a suit, policyholders should be sure to look to their commercial…more

Commercial General Liability Policies, Competition, Disparagement, Duty to Defend, Trademark Infringement

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U.S. Tax Reform: A Golden Ticket for Partnerships and S Corporations?

On December 22, 2017, the president signed the Tax Cuts and Jobs Act (the “Act”). While the Act will impact many taxpayers, some of the more significant changes relate to how individuals and other non-corporate taxpayers are…more

Business Taxes, Corporate Taxes, Partnerships, Pass-Through Entities, S-Corporation

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“Not A Close Call”: The D.C. Circuit Restores The Safe Harbor To Section 8 of RESPA

Noting that “[t]he basic statutory question in this case is not a close call,” the D.C. Circuit has held that a bona fide payment by one settlement service provider to another does not violate Section 8(a) of the Real Estate…more

Consumer Financial Protection Bureau (CFPB), HUD, Mortgage Insurance, Reinsurance, RESPA

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Global Boardroom Risk Solutions Newsletter

“Risk is sexy?” - Anonymous GC - Not every Director or General Counsel (GC) is likely to describe risk analysis as “sexy” but there is little doubt that risk issues have demanded a board level focus which would have been…more

Chief Compliance Officers, EU, Natural Gas, Oil & Gas, Oil Prices

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Supreme Court Takes a Pass on Generic Drug Labeling Appeal

In the watershed case of PLIVA, Inc. v. Mensing, the United States Supreme Court determined that federal law preempts state law failure-to-warn claims against generic pharmaceutical manufacturers. More specifically, Mensing held…more

Abbreviated New Drug Application (ANDA), Failure To Warn, Food and Drug Administration (FDA), Generic Drugs, Labeling

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COVID-19: Washington State Resource Guide for Individuals Dealing with COVID-19 Financial Impacts

This guidebook is designed to serve as an interactive reference for individuals in Washington state looking for information and resources available to help with the financial impacts of COVID-19. It is not legal advice and the…more

CARES Act, Coronavirus/COVID-19, Debt, Eviction, Governor Inslee

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IRS Moves Forward with Plan to Change the Determination Letter Process

In 2015, the Internal Revenue Service (IRS) announced that it would cut back the determination letter program for qualified retirement plans. In Revenue Procedure (Rev. Proc.) 2016-37, published June 29, 2016, the IRS has…more

Benefit Plan Sponsors, Determination Letter, Employee Benefits, IRS, Qualified Retirement Plans

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2014 Amendments Affecting Delaware Alternative Entities and the Contractual Statute of Limitations

On August 1, 2014, amendments to Delaware’s alternative business entity statutes, as well as the statute of limitations applicable to Delaware contracts, became effective. These amendments (the “2014 Amendments”) represent a…more

Breach of Contract, Contract Formation, Delaware General Corporation Law, Delaware Limited Liability Company Act, Statute of Limitations

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Delaware Court of Chancery Holds that Directors on a Special Committee are Interested in a Going-Private Merger when the Merger Effectively Extinguishes their Personal Liability from Viable Derivative Litigation

In Re AmTrust Financial Services, Inc. Stockholder Litigation, No. 2018-0396AGB (Del. Ch. 2020), George Karfunkel, Leah Karfunkel, and Barry Zyskind, the controlling stockholders of AmTrust Inc. (respectively, the “Controlling…more

Breach of Duty, Fiduciary Duty, Mergers, Shareholder Litigation, Shareholders

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COVID-19: Overview of Asia-Pacific Measures and Reliefs

Welcome to our overview of various Asia-Pacific COVID-19 measures and reliefs. A proliferation of government measures has been issued in response to the coronavirus (“COVID-19”) outbreak. Our overview below summarizes some of…more

Asia Pacific, Coronavirus/COVID-19, Relief Measures

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COVID-19: (Australia) Running Your AGM During The COVID-19 Crisis: What Should You Think About?

For listed companies with a financial year ending on 30 June, Annual General Meeting (AGM) season is rapidly approaching. Companies should be thinking about preparing for AGMs in the context of the coronavirus pandemic. With…more

Annual Meeting, ASIC, Australia, Capital Markets, Coronavirus/COVID-19

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Germany Tightens Voting Rights Disclosure - New rules increase complexity of voting right disclosures and impose

On October 1, 2015, the German Parliament adopted the national “Act Implementing the EU Transparency Directive Amending Directive (2013/50/EU)” (the “Act”). The aim of the directive is to harmonize the regime for notification of…more

Capital Markets, Compliance, Disclosure, EU, EU Transparency Directive

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Litigation Minute: Ethylene Oxide—Insurance Coverage Considerations (Ethylene Oxide Series: Part Four of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As the number of ethylene oxide (EO) lawsuits has risen in recent years, so have disputes regarding the obligation of insurers to defend and indemnify defendant policyholders from such…more

Chemicals, Insurance Industry, Liability Insurance, Toxic Exposure

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Another Step Toward North Carolina Offshore Wind: Proposed Offshore Wind Farm Lease Announced

The U.S. Department of the Interior has just announced the next step in the years-long process toward the development of wind energy facilities off the coast of North Carolina. In a notice published in the Federal Register on…more

BOEM, Commercial Leases, Department of the Interior, Outer Continental Shelf, Renewable Energy

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SECURE-ing Insurance Company Separate Account Assets for ETFs

On 29 December 2022, President Biden signed into law the SECURE Act 2.0 (SECURE 2.0) as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the 2019 passage of the Setting Every Community Up for Retirement…more

Asset Management, ETFs, Investment, Retirement Funds, Retirement Plan

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What to do When an Inspector Comes Knocking

Visits to workplaces by work health and safety (WHS) inspectors are a necessary part of the enforcement regime of WHS regulators. They often occur in circumstances where organisations are under considerable time pressures,…more

Australia, Employer Liability Issues, Safety Inspections, Workplace Safety

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LNG by Rail Rule Suspension

The US Department of Transportation (USDOT) is suspending a rule that allows liquefied natural gas (LNG) to be transported by rail in specialized tank cars, starting 31 October 2023. This final rule overturns a Trump-era rule…more

Department of Transportation (DOT), Federal Railroad Administration, Hazardous Substances, Liquid Natural Gas, Oil & Gas

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Liquidators Remuneration – Time is an Idylic Solution

The New South Wales Supreme Court of Appeal's decision in Sanderson as Liquidator of Sakr Nominees has given cause for optimism amongst insolvency practitioners. The decision confirms that the correct approach was taken by the…more

Australia, Creditors, Insolvency, Liquidation, Remuneration

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LNG by Rail Rule Suspension

The US Department of Transportation (USDOT) is suspending a rule that allows liquefied natural gas (LNG) to be transported by rail in specialized tank cars, starting 31 October 2023. This final rule overturns a Trump-era rule…more

Department of Transportation (DOT), Federal Railroad Administration, Hazardous Substances, Liquid Natural Gas, Oil & Gas

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Chlormequat Contamination in Food Products Draws Attention

Food manufacturers should pay close attention to the recent developments surrounding chlormequat chloride (chlormequat), a chemical that plaintiffs claim has been detected in various food products sold in the United States…more

Consumer Product Companies, Contamination, Environmental Protection Agency (EPA), Food Contamination, Food Manufacturers

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Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Corporate Counsel, Foreign Investment, Foreign Jurisdictions

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CMS Issues Proposed Medicare PFS Rule for CY 2019

On July 27, 2018, the Medicare Physician Fee Schedule (PFS) Proposed Rule for Calendar Year (CY) 2019 (PFS Proposed Rule) was published in the Federal Register…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Drug Pricing, Health Care Providers, Medicare

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An Islamic Megabank for Indonesia?

With the world's largest Muslim population, one might question why Indonesia’s Islamic finance market lags behind that of neighbouring Malaysia. In 2013 only 4.9% of total banking assets were held by Indonesian Islamic banks,…more

Banking Sector, Banks, Financial Markets, Indonesia

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ESG–Australia – Consultation Material for the 5th Edition of the Corporate Governance Council Principles and Recommendations Released

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and…more

Annual Reports, Australia, Australian Securities Exchange (ASX), CEOs, CFOs

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Certified Question: Will West Virginia Take Another Bite At the Tawney Apple?

Post-production deductions are a hot topic in the Appalachian Basin. If you practice or operate in West Virginia, you know that the last 20 years have seen West Virginia forge its own path and deviate from the majority of…more

Energy Sector, Natural Resources, Oil & Gas, Royalties

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CFA Institute Commences GIPS 20/20 Initiative

The CFA Institute GIPS Executive Committee (the “Executive Committee”) recently issued a consultation paper related to the commencement of its GIPS 20/20 initiative (the “Consultation Paper”). The GIPS 20/20 initiative is an…more

Financial Reporting, Investment Management, Investors, Pooled Investment Vehicles

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Arbitration World: A Spelling Error in Vienna

In this episode, Declan Gallivan (Senior Disputes Associate in London) speaks with Florian Haugeneder (Founder and Partner of Austrian law firm KNOETZL) to discuss a simple spelling mistake which ultimately led to an important…more

Arbitration, Arbitration Agreements, Arbitrators, Austria, Dispute Resolution

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SEC Adopts Amendments Modernizing Beneficial Ownership Reporting

On 10 October 2023, the US Securities and Exchange Commission (SEC) announced it had adopted rule amendments to require market participants to provide more timely information on their positions in a covered class of equity…more

Beneficial Owner, Derivatives, Disclosure Requirements, Filing Deadlines, Reporting Requirements

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Delaware Supreme Court Adopts a New "Universal" Test for Establishing Demand Futility Granting Directors Greater Protection Against Derivative Suits

The Supreme Court of Delaware recently adopted a new three-part “universal” test to determine whether pre-suit demand upon a company’s board should be excused as futile. The new test, endorsed by the Court in United Food and…more

Board Members, Corporate Counsel, DE Supreme Court, Derivative Suit, Financial Services Industry

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A Case of Classic Fair Use for “Sports Fuel” in the 7th Circuit

Key Takeaways - Brand owners benefit by adopting distinctive marks, especially arbitrary and fanciful terms…more

Fair Use, Lanham Act, Trademark Infringement, Trademark Litigation, Trademark Registration

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EPA’s Clean Power Plan: A Regional Analysis

EPA’s recently issued Clean Power Plan (“CPP” or “Plan”) affects every state differently. The Plan has a decidedly nationwide impact—reducing the United States’ power plant greenhouse gas emissions 32 percent by the year 2030…more

Carbon Emissions, Clean Power Plan, Climate Change, Coal Industry, Electricity

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COVID-19: PPP Eligibility of Debtors in Bankruptcy

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), a lending program for small businesses pursuant to which up to 100 percent of the principal loan amount is…more

CARES Act, Debtors, Paycheck Protection Program (PPP), SBA

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COVID-19 (Australia): Operating a Business During COVID-19: The Implications for Public Companies

On 26 March 2020, K&L Gates published a Legal Insight regarding the Australian Securities and Investments Commission (ASIC)'s adoption of a formal "no-action" position on public companies with a financial year end of 31 December…more

ASIC, Australia, Business Operations, Coronavirus/COVID-19, Relief Measures

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Fair Lending Year in Review – 2015

2015 was an action-packed year for fair lending, including a long-anticipated Supreme Court decision on disparate-impact claims under the Fair Housing Act (“FHA”), record-breaking redlining settlements, a new round of indirect…more

Automotive Loans, Consumer Financial Protection Bureau (CFPB), Disparate Impact, Fair Housing Act (FHA), Fair Lending

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DOT Releases Policy Recommendations Targeting Supply Chain Disruption

Dozens of ships anchored outside of America’s busiest ports, steadily spiking freight rates, and frustrated consumers inheriting both the paralyzing delays and the exorbitant price increases: these have been the painful…more

Biden Administration, Critical Infrastructure Sectors, Department of Transportation (DOT), Executive Orders, Federal Maritime Commission

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Student Athletes No More, NLRB Reinstates Scope of NLRA Section 7 to Include "Players at Academic Institutions"

On 8 February 2022, the National College Players Association, an advocacy group for college athletes, filed an unfair labor practice charge with the National Labor Relations Board (NLRB), accusing the National Collegiate…more

Collective Bargaining, College Athletes, Colleges, Department of Labor (DOL), NLRA

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Recent 11th Circuit Decision Is a Victory for Health Care Providers Challenging Insurer Reimbursement Decisions and a Reminder of the Importance of Carefully-Drafted Assignment of Benefits Clauses

The existence and scope of assignments of benefits from patients to health care providers continues to be critically important to a provider’s ability to challenge an insurer’s reimbursement decision under the Employee…more

Assignments, Employee Retirement Income Security Act (ERISA), Health Care Providers, Health Insurance, Reimbursements

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SGR Law Creates Merit-based Incentive Payment System and Incentives for Alternative Payment Model Participation

The Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA” or the “Act”), signed into law by President Barrack Obama on April 16, has been touted as one of the most significant Medicare payment reforms in decades, with…more

Children's Health Insurance Program (CHIP), Health Care Providers, Healthcare, Hospitals, Medicare Access and CHIP Reauthorization (MACRA)

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LNG by Rail Rule Suspension

The US Department of Transportation (USDOT) is suspending a rule that allows liquefied natural gas (LNG) to be transported by rail in specialized tank cars, starting 31 October 2023. This final rule overturns a Trump-era rule…more

Department of Transportation (DOT), Federal Railroad Administration, Hazardous Substances, Liquid Natural Gas, Oil & Gas

See all updates »

Revolutionary Changes in Fixed-term Employment Contracts

The President has signed an amendment to the Labor Code, which modifies the rules for concluding fixed-term contracts. The limits introduced do not only affect the number of contracts that can be entered into, but also their…more

Compliance, Corporate Counsel, Employment Contract, Fixed-Term Labor Contracts, Labor Code

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The New Polish Act on Bonds

On February 2, 2015, the President of the Republic of Poland signed a new law on bonds, which will come into force on July 1, 2015, replacing the Bond Act of June 29, 1995. The purpose of the new law is to replace the existing…more

Bonds, New Legislation, Poland

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HUB Talks: Talking Sports Law: A Conversation with Brandon Briggs of Inter Miami CF

On this episode of Talking Sports Law, co-hosts John Wilson and Trevor Gates talk with Brandon Briggs, Deputy General Counsel of Inter Miami CF, one of the most recent expansion clubs in Major League Soccer. The conversation…more

Arenas and Stadiums, Athletes, Soccer, Sports, Sports Betting

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German Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG)

A comprehensive change to German insolvency and restructuring law has become effective starting 1 January 2021. The change allows that a company's reorganization is possible without insolvency and includes the majority decision…more

Coronavirus/COVID-19, Creditors, Debt Restructuring, Debtors, Germany

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Delaware Court Of Chancery Uses Company’s Unaffected Market Price To Determine Fair Value In Appraisal Action

In In Re: Appraisal of Jarden Corporation, C.A. No. 12456-VCS (Del. Ch. Jul. 19, 2019), the Delaware Court of Chancery (the “Court”) determined in a statutory appraisal action that, in connection with a merger, the fair value of…more

Appraisal, Fair Market Value, Market Price, Mergers, Valuation

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U.S. Supreme Court Narrows Scope of 28 U.S.C. § 1782 to Proceedings Before "Governmental or Intergovernmental Adjudicative Bodies"

On 13 June 2022, the U.S. Supreme Court narrowed the scope of 28 U.S.C. § 1782 (Section 1782), holding that the statute does not permit federal courts to order discovery for use in foreign private commercial arbitrations or…more

28 U.S.C. § 1782, Adjudicatory Process, Discovery, International Arbitration, SCOTUS

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Litigation Minute: Bankruptcy Issues for Vendors and Other Contractual Counterparties

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Companies should anticipate the possibility that they will find themselves in a situation where a vendor, customer, or other contract counterparty commences a bankruptcy case pursuant…more

Automatic Stay, Bankruptcy Code, Executory Contracts, Supply Contracts, Vendors

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Pennsylvania Superior Court Applies a Stricter Burden of Proof to Enforce "Browsewrap" Arbitration Clauses, Departing From Other Jurisdictions

On 19 July 2023, the Pennsylvania Superior Court established a set of requirements for companies that rely on “browsewrap” agreements in order to secure consumers’ consent to arbitration. In a departure from other courts that…more

Arbitration, Arbitration Agreements, Browsewrap Agreement, Dispute Resolution

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Returning to Our Roots: Industrial Hemp’s Comeback in the DMV

Industrial hemp is making a comeback thanks to recent changes in the Agricultural Improvement Act of 2018 (widely referred to as the 2018 Farm Bill), which exempted industrial hemp from the Controlled Substances Act, paving the…more

Agricultural Sector, Cannabidiol (CBD) oil, Controlled Substances Act, Farm Bill, Hemp

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President Biden Issues Wide-Ranging Executive Order on Artificial Intelligence

On 30 October 2023, President Biden issued a long-awaited executive order (EO) on artificial intelligence (AI). The EO itself is available here, and a one-page fact sheet issued by the White House is available here. The document…more

Artificial Intelligence, Biden Administration, Critical Infrastructure Sectors, Cybersecurity, Data Privacy

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The "Tribunals" and Tribulations of Section 1782: What Constitutes a "Foreign or International Tribunal?"

With the continuing globalization of litigation and arbitration, counsel engaged in arbitral proceedings outside of the United States are becoming more familiar with a powerful U.S. statute: 28 U.S.C. § 1782 (titled “Assistance…more

28 U.S.C. § 1782, Discovery, Foreign Tribunals, International Arbitration, International Litigation

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Supreme Court of Texas Clears the Path for Future Real Property Damage Calculations

In Wheeler v. Enbridge Pipelines, the Supreme Court of Texas provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement (“ROW”)…more

Appeals, Breach of Contract, Calculation of Damages, Oil & Gas, Pipelines

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Insurance Relationships Revisited

In a recent decision of the NSW Court of Appeal (the Court) in Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368, a firm of insurance brokers (Horsell) was ordered to indemnify an insured (Divetwo) in…more

Australia, Criminal Prosecution, Exclusions, Guilty Pleas, Indemnification

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The Hydrogen Handbook - United States

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

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Victorian Vendors to Pick Up the Land Tax Bill: Adjustments of Land Tax Banned

It is longstanding conveyancing practice for the vendor’s land tax liability to be included in the usual settlement adjustments between a vendor and purchaser. This practice will be banned for most sales of land in Victoria…more

Australia, Investors, Land Owners, Purchasers, Tax Liability

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Central Bank of Ireland Issues New Guidance on Investment by Digital Assets by QIAIFs

On 4 April 2023, the Central Bank of Ireland (the Central Bank) published the 47th edition of its Alternative Investment Fund Managers Directive (AIFMD) Q&A document (the AIFMD Q&A), and in a significant development, the Central…more

Asset Management, Central Bank of Ireland, Digital Assets, Investment Management, Ireland

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European Union Moves Towards Mandatory Supply Chain Due Diligence: Start Gearing Up For New Directive

Introduction - There has been a proliferation of new laws concerning ethical sourcing and due diligence in supply chains in various territories in recent years. This trend is being taken to the next level in the European Union…more

Corporate Governance, Due Diligence, Employer Responsibilities, EU, European Commission

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COVID-19: Retail and Commercial Leasing Matrix (Updated)

The COVID-19 Retail and Commercial Leasing Matrix (Matrix) provides landlords and tenants with an overview of the COVID-19 response measures which have been enacted in each Australian State and Territory following the release of…more

Australia, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Landlords

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“Implementation Day” Marks Lifting of Certain Nuclear-Related “Secondary” Sanctions on Iran by the United States in Accordance with the Joint Comprehensive Plan of Action

On January 16, 2016, the International Atomic Energy Agency (“IAEA”) verified that the Islamic Republic of Iran (“Iran”) had satisfied its commitments under the Joint Comprehensive Plan of Action (“JCPOA”), which was entered…more

IAEA, Iran Sanctions, Joint Comprehensive Plan of Action (JCPOA), Nuclear Weapons, Office of Foreign Assets Control (OFAC)

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Quick Link Guide for MiFID II Guidance

Changes to the MiFID II regulatory regime will impose new obligations on many global investment managers both inside and outside the European Union (“EU”). While the precise scope of these obligations will depend, in many cases,…more

EU, European Securities and Markets Authority (ESMA), Investment Management, Investors, MiFID II

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Resale Price Maintenance May Carry More Risk Than Originally Thought in Canada, Eh?

In a decision made public on 4 May, the Ontario Superior Court of Justice (the Court) determined that an asserted conspiracy claim concerning a price maintenance dispute should proceed to trial, despite Canada’s Competition…more

Canada, Canadian Competition Act, Manufacturers, Price Maintenance, Resale Pricing

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Environmental Policy Quarterly: Spring 2016

Welcome to the Spring 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources Practice Group and the Public Policy and Law Practice Group of K&L Gates. Environmental…more

Drinking Water, Emergency Managers, Environmental Protection Agency (EPA), Natural Gas, Safe Drinking Water Act

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Arbitration World

FROM THE EDITORS: Welcome to the 36th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Federal Arbitration Act

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COVID-19: UK Public Sector Construction - Cabinet Office publishes FAQs regarding PPN02/20

Further to our recent blog post “COVID-19: UK Public Sector Construction - cash flow relief for suppliers” on 31 March 2020, in which we set out guidance on the Government’s Procurement Policy Note - Supplier relief due to…more

Construction Contracts, Construction Industry, Construction Project, Procurement Guidelines, UK

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SEC Increases the "Qualified Client" Net Worth and Assets Under Management Thresholds

INTRODUCTION - On 17 June 2021, the U.S. Securities and Exchange Commission (the SEC) issued an order to: (i) increase the net worth threshold for “qualified clients” under Rule 205-3 of the Investment Advisers Act of 1940, as…more

Asset Management, Financial Services Industry, Fund Managers, Investment Advisers Act of 1940, Investment Funds

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A Buttonwood Tree Sprouts in Europe: What the EU’s Proposed Capital Markets Union Means for You

On Wednesday, February 18, the European Commission (“EC”) launched its ambitious “Green Paper” consultation for the creation and completion of a European Union (“EU”)-wide Capital Markets Union (“CMU”). The release of the Green…more

Capital Markets, Capital Markets Union, EU, European Commission

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Arbitration World

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, China

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Investigatory Powers Act 2016: How to Prepare For A Digital Age

The Investigatory Powers Act 2016 (the “Act”) received Royal Assent on 29 November 2016. It comes into force in part in January 2017. Its main provisions include granting powers to ministers to issue warrants for intrusive…more

Data Retention, DRIPA, Electronic Communications, Electronic Devices, Investigatory Powers Act 2016

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Cross-Border European Insolvency in the Brexit Era

The regime for dealing with insolvency proceedings within the European Union (EU) is about to become more coordinated. The timing is ironic given that the change will take place in the period leading up to the March 2019 exit of…more

COMI, Debtors, EU, European Commission, Insolvency

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From Revenge Porn to Big Data Breaches: NSW Opposition Introduces Bill to Redress "Serious Invasions of Privacy"

There is a common misconception that Australian residents enjoy a general "right to privacy". Many people understandably believe that if they are, for example, eating lunch at a restaurant minding their own business, it would be…more

Australia, Data Breach, Data Privacy, Data Protection, Invasion of Privacy

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SEC Finalizes Major Changes to Shareholder Report Disclosure Scheme and Investment Company Advertisement Rules

On 26 October 2022, the Securities and Exchange Commission (SEC) adopted final rule and form amendments (the Final Rules) representing major reforms to: 1) shareholder reports for open-end mutual funds and exchange-traded funds…more

Asset Management, Corporate Governance, Disclosure, ETFs, Investment Companies

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Equity Crowdfunding: Offering Fans a True Stake in Their Favorite Teams

We’ve all been there—that incredible moment when our favorite team is driving down the field for the go-ahead touchdown, has runners in scoring position in the bottom of the ninth inning, or has a penalty kick in the 89th…more

Baseball, Basketball, Corporate Issuers, Crowdfunding, Disclosure Requirements

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Another Win for Policyholders as Illinois Reverses Course and Joins the Majority of States Recognizing CGL Policies Cover Property Damage Caused by Construction Defects

On 30 November 2023, Illinois joined the majority of states that recognize that commercial general liability (CGL) insurance covers damage to one part of a construction project caused by construction defects in other parts of…more

Commercial General Liability Policies, Construction Defects, Construction Industry, IL Supreme Court, Policy Terms

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The Italian Reform of Transport and Freight Forwarding Contracts

Introduction - On 14 January 2022, the reform of the Italian Civil Code (ICC) concerning transport and freight forwarding came into force. The reform was introduced by Article 30-bis of Law Decree no. 152 of 6 November 2021…more

Freight Forwarding, Italy, Motor Carriers, Surface Transportation

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Compliance Reminder: Pay-to-Play and the 2020 Election Cycle

INTRODUCTION - As the November 2020 elections approach, investment advisers and other financial institutions who do business with, or seek to do business with, public pension plans and other government entities should revisit…more

Compliance, Enforcement Actions, Financial Institutions, Investment Adviser, Investment Advisers Act of 1940

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Health Care Triage: Health Care Transactions Trends in 2021 and Beyond

In this week’s episode, Josh Skora interviews Rick Giovannelli and Ken Marlow about current trends in health care transactions, with a particular focus on how COVID-19 has affected pricing considerations and the appetite for…more

Acquisitions, Buyers, Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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When Saying More Gets You Less: The Federal Circuit Affirms That Superfluous Prosecution Arguments Can Limit Doctrine of Equivalents Infringement

Prosecution history estoppel can bar a claim of patent infringement under the doctrine of equivalents where a patentee’s statements lead a competitor to reasonably believe the patentee had surrendered the relevant subject…more

Biosimilars, Patent Infringement, Patent Litigation, Patent-in-Suit, Patents

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CFPB Aiming to Oversee Digital Payments

In late 2023, the Consumer Financial Protection Bureau (CFPB) proposed a rule that would subject nonbank fintech companies to the CFPB’s authority. The CFPB articulated that it intends the rule to “level the playing field”…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Digital Assets, Financial Services Industry

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Governor Josh Shapiro Launches First Statewide Economic Development Strategy in Nearly Two Decades

From 2018 to 2022, Pennsylvania was outspent on economic development incentives by neighboring states in both total incentive spending and average deal size. Over the same period, neighboring states also outspent Pennsylvania on…more

Agricultural Sector, Economic Development, Economic Growth, Energy Sector, Federal Funding

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Avoiding “Gotcha” Moments: Excusing Non-Production to Address Mechanical Issues Under the Temporary Cessation of Production Doctrine

In Landover Production Company, LLC v. Endeavor Energy Resources, L.P., et al., the Texas Court of Appeals re-affirmed the application of the implied, “temporary cessation of production doctrine” to prevent an oil and gas lease…more

Appeals, Contracts Clause, Mineral Leases, Oil & Gas

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EPA Releases Final TSCA Scope Document for First Two Phthalate Chemicals

The Biden administration continues its rollback of environmental policies employed by the prior administration, as evidenced by the U.S. Environmental Protection Agency’s (EPA) recent release of final scope documents for the…more

Chemicals, Environmental Protection Agency (EPA), Toxic Chemicals, Toxic Substances Control Act (TSCA)

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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CFTC and NFA Announce Changes in Regulation Regarding Position Limits and Virtual Currency

Introduction - The Commodity Futures Trading Commission (“CFTC”), the U.S. federal regulatory agency for futures and other derivatives, and the National Futures Association (“NFA”), the industry-wide self-regulatory…more

CFTC, Comment Period, Commodity Trading Advisors (CTAs), CPOs, Disclosure Requirements

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ASIC Whistleblower Policy Requirements More Onerous but 1 January Deadline Remains

WHAT HAS HAPPENED? ASIC has released Regulatory Guide 270 for Whistleblower Policies. Despite concerns raised that the Guide's requirements are onerous and will require companies to once again amend their policy to ensure…more

ASIC, Australia, The Corporations Act, Whistleblowers

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Litigation Minute: Earn-Out Provisions (Deal Litigation Series: Part Two of Four)

What You Need to Know in a Minute or Less - An earn-out provision is a common provision in an acquisition agreement that makes a portion of the purchase price contingent on satisfaction of certain post-closing targets or other…more

Acquisition Agreements, Acquisitions, Earn-Outs

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Trademarks and Unfair Competition

It is my pleasure to present the second issue of our bulletin this year, which contains interesting and important information on trademarks, unfair competition and, in this issue, personal data. There have been big changes in…more

EU, European Union Intellectual Property Office (EUIPO), Trademark Infringement, Trademark Registration, Trademarks

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Allocation of FATCA Withholding Risk in Financial Transactions Outside the United States

The U.S. Treasury Department has delayed implementation of FATCA once again. However, this delay may be the last, and a phased implementation of FATCA is scheduled to begin on July 1, 2014. FATCA introduces the potential for…more

Extraterritoriality Rules, FATCA, FFIs, International Tax Issues, U.S. Treasury

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Trademarks and Unfair Competition

It is my pleasure to present the second issue of our bulletin this year, which contains interesting and important information on trademarks, unfair competition and, in this issue, personal data. There have been big changes in…more

EU, European Union Intellectual Property Office (EUIPO), Trademark Infringement, Trademark Registration, Trademarks

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The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is a Covered “Occurrence”

The United States Court of Appeals, Tenth Circuit recently issued a favorable decision for policyholders finding property damage arising from a subcontractor’s faulty work arose from an accidental “occurrence” under New York…more

Commercial General Liability Policies, Construction Defects, Construction Industry, Insurance Industry, Insurance Litigation

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One Size Does Not Fit All: Court Declares 38 Terms in Fujifilm Small Business Contracts to be Unfair and Void

In Brief - The Federal Court has declared 38 terms across 11 of Fujifilm's (being Fujifilm Business Innovation Australia or Fujifilm Leasing Australia) small business contracts to be unfair contract terms (UCT) and void under…more

Australia, Australian Competition and Consumer Commission (ACCC), Contract Terms, Small Business

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China Amends Key Medical Device Regulations

The State Council of China passed amendments to the Regulations on Supervision and Administration of Medical Devices which came into effect on June 1, 2014. The amendments present significant regulatory changes that will impact…more

China, Clinical Trials, Manufacturers, Medical Devices, New Amendments

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US Asset Management Regulatory Year in Review 2023

It is a dramatic understatement to describe 2023 as a busy year in the United States for asset management regulation. With 24 rules adopted and 18 new rules or rule amendments proposed, the US Securities and Exchange Commission…more

Asset Management, Beneficial Owner, Capital Markets, Compliance, Digital Assets

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Student Athletes No More, NLRB Reinstates Scope of NLRA Section 7 to Include "Players at Academic Institutions"

On 8 February 2022, the National College Players Association, an advocacy group for college athletes, filed an unfair labor practice charge with the National Labor Relations Board (NLRB), accusing the National Collegiate…more

Collective Bargaining, College Athletes, Colleges, Department of Labor (DOL), NLRA

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Fashion Law Newsletter - March 2018

Style is something each of us already has, all we need to do is find it." – Diane von Furstenberg Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion…more

Australia, Brand, Cybersquatting, Domain Names, Fashion Branding

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Social Media and Beyond: California Ushers in New Employment Laws for 2013

The California legislature was particularly busy this past session in enacting new laws that directly affect employers in 2013. The new laws address a wide variety of topics, including social media protections for employees; new…more

Appearance Policy, Breastfeeding, Discrimination, Passwords, Personnel Records

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[Webinar] Regulating AI: The Potential Impact of Global Regulation of Artificial Intelligence–Part III - December 12th, 3:00 pm - 5:00 pm ET

This event is Part III of our series “Regulating AI: The Potential Impact of Global Regulation of Artificial Intelligence.” The program will take place virtually and in-person at our Washington, D.C. office and will feature…more

Artificial Intelligence, Federal Funding, Legislative Agendas, Machine Learning, Natural Language Processing

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340B Update: Hospitals Appeal Ruling on OPPS Reimbursement Cut; House Committee Issues Report Recommending Changes to 340B Program

The beginning of 2018 has brought significant developments relating to the federal 340B Drug Pricing Program (“340B Program”). On January 1, reimbursement under the Medicare Part B hospital Outpatient Prospective Payment System…more

Health Care Providers, Hospitals, Outpatient Prospective Payment System (OPPS), Prescription Drugs, Section 340B

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COVID-19: CFPB Narrows Servicers' Obligations in Final COVID-19 Mortgage Servicing Regulations

In the wake of the COVID-19 pandemic, the Consumer Financial Protection Bureau (CFPB) issued a series of proposed amendments to the federal servicing regulations designed to assist mortgage borrowers impacted by the pandemic and…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Mortgage Lenders, Mortgage Servicers

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What is a "Day" When it Comes to Personal/Carers' Leave?

The Full Court of the Federal Court has handed down its decision in the matter of Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing…more

Australia, Fair Work Act, Paid Leave, Paid Time Off (PTO), Wage and Hour

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SEC Adopts New Rule 12d1-4 Overhauling Fund of Funds Arrangements--Are You Ready?

I. EXECUTIVE SUMMARY - On 7 October 2020, the Securities and Exchange Commission (the SEC) adopted new rule 12d1-4 (Rule 12d1-4) and related amendments under the Investment Company Act of 1940 (the 1940 Act) that it believes…more

ETFs, ETMFs, Investment Adviser, Investment Companies, Investment Company Act of 1940

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Corporate Criminal Liability – What is Next for the United Kingdom?

It is no great secret that criminal enforcement in the United Kingdom against corporations has lagged behind our counterparts in the United States and other jurisdictions. In recent years the UK government has introduced a…more

Bribery, Corporate Liability, Criminal Liability, Fraud, Risk Assessment

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Heard at the SIFMA Conference

Recently, partners from K&L Gates’ Government Enforcement, Broker-Dealer and Investment Management practice groups attended the Securities Industry and Financial Markets Association’s (“SIFMA”) Compliance and Legal Society…more

CFTC, Department of Justice (DOJ), Financial Industry Regulatory Authority (FINRA), Securities and Exchange Commission (SEC), SIFMA

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USCIS Increases Fees for Employer-Based Petitions

On 30 January 2024, the US Citizenship and Immigration Services (USCIS) published a final rule (Final Rule) increasing the premium processing fee from US$2,500 to US$2,805, increasing filing fees for I-129 and I-140…more

Filing Fees, Form I-129, Form I-140 Petitions, Immigration Procedures, Nonprofits

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Arbitrator Bias and Conduct - Contrasting Fortunes of Recent Challenges Under Sections 24 and 68 of the Arbitration Act 1996

Acting impartially as between the parties is a “cardinal duty” of an arbitrator, as enshrined in s33 of the Arbitration Act 1996 (the Act). Failure to observe this fundamental duty can lead to applications for the removal of an…more

Arbitration, Arbitration Awards, Arbitrators, Bias, Federal Arbitration Act

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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The New Kickback Prohibition for Substance Use Disorder Treatment Facilities, Clinical Laboratories and Recovery Homes

On October 24, 2018, President Trump signed into law comprehensive opioid legislation known as the “Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act” or the “SUPPORT…more

Anti-Kickback Statute, Health Care Providers, Kickbacks, Pharmaceutical Industry, Physicians

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Corporate Collective Investment Vehicles Introduced

The Government has today released an exposure draft of legislation introducing corporate collective investment vehicles into the Australian market for the first time. This is the result of significant collaboration between…more

Australia, Fund Managers, Investment Management, Proposed Legislation

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Government Announces Australia to Have a Mandatory and Suspensory Merger Control Regime

In a move that has long been advocated for by the Australian Competition and Consumer Commission (ACCC), the Australian government has announced sweeping reforms to Australia's competition law merger control regime…more

Acquisitions, Australia, Australian Competition and Consumer Commission (ACCC), Competition, Merger Controls

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Investing in India? Take a Look at the Amended India-Mauritius Tax Treaty Before You Do

On May 10, 2016, India and Mauritius signed a protocol amending the India-Mauritius double income tax treaty that would, among other things, permit India to tax a Mauritian resident on capital gains arising from the sale of…more

Double Taxation, Equity Investors, Foreign Investment, India

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UK Government Publishes Long-Awaited Hydrogen Strategy

The UK government, through the Department of Business, Energy and Industrial Strategy (DBEIS), published its long-awaited hydrogen strategy on 17 August 2021. The strategy, presented by DBEIS Secretary Kwasi Kwarteng, builds on…more

Clean Energy, Energy Projects, Energy Sector, Green Energy, Hydrogen Power

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COVID-19: Local Authority Execution of Registrable Deeds and S.106 Agreements in England and Wales During the COVID-19 Crisis

BACKGROUND - We have been asked by Local Authorities to provide clarification on the execution of s.106 agreements, registrable leases, deeds and transfers by companies and partnerships that a Local Authority owns and also by…more

Coronavirus/COVID-19, Deeds, Leases, UK

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Beyond a Reasonable DAOubt: Tennessee's Limited Liability Statute for Decentralized Autonomous Organizations (DAOs)

On 20 April 2022, Tennessee became the second state in the United States to create a specialized business entity for decentralized autonomous organizations (DAOs), an emerging collaborative management structure for legal…more

Blockchain, Business Entities, Decentralized Finance (DeFi), Digital Assets, Limited Liability Company (LLC)

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Conflicting Dispute Resolution Provisions: English Court Stays its own Proceedings in Favour of International Arbitration in Aviation Lease Dispute

SUMMARY - In Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TBK [2021] EWHC 99 (Comm), the English Commercial Court has interpreted conflicting dispute resolution provisions and ordered a stay of court proceedings in…more

Aircraft, Arbitration, Aviation Industry, Commercial Court, International Arbitration

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The Practical Effects of the Building Safety Act 2022

The first provisions of the Building Safety Act 2022 (BSA) came into force on 28 June 2022 and the remainder are expected to be implemented by October 2023. The BSA introduces a new regime governing the design, construction,…more

Construction Industry, Housing Developers, Real Estate Development, Safety Standards, UK

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SEC and FINRA Broker-Dealer Enforcement: Recapping 2023 and Previewing 2024

With the close of FINRA’s fiscal year comes the opportunity for broker-dealer firms to consider where regulators have focused their enforcement efforts and also what can be expected in the coming year. Fortunately, FINRA has…more

Anti-Money Laundering, Broker-Dealer, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Investment

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A Bright Outlook for Solar Energy in South Carolina

South Carolina’s major utilities recently submitted their proposed distributed energy resource programs to the South Carolina Public Service Commission (PSC) for approval. The proposals come in the wake of the South Carolina…more

Renewable Energy, Solar Energy, Utilities Sector

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Maui Wildfires - Coverage Considerations and What Business Policyholders Need to Know

The Maui wildfires are now the deadliest—and certainly among the most destructive—in modern US history, already outpacing the loss of life and impact on critical wildlife habitat/species of the 2018 Camp fire in California…more

Business Interruption, Commercial Insurance Policies, Insurance Claims, Insurance Industry, Natural Disasters

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Trump Administration Issues Flurry of Last Minute Healthcare Regulations: What Will the Incoming Administration Do Next?

On 20 November 2020, the Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services (HHS) Office of Inspector General finalized several rules from President Trump’s health care agenda that…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Medicare

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A “FAIR” Chance for Infrastructure P3s in Obama Administration’s Final Budget Request - President Unveils Financing America’s Infrastructure Renewal Proposal

In his final State of the Union address, President Obama acknowledged that “because it’s an election season, expectations for what we will achieve this year are low.” However, the Administration’s Fiscal Year 2017 budget request…more

Broadband, Critical Infrastructure Sectors, Energy Sector, Federal Budget, Federal Loans

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Cleared to Land: Aviation Newsletter

Happy new year and welcome to our latest edition of K&L Gates’ Cleared to Land published jointly by our Aviation and Banking & Asset Finance practice groups to keep you updated on significant developments and issues relating to…more

Airports, Airspace, Aviation Industry, Investors, Letters of Intent

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Lay of the Land: Global Office Trends

In our second episode of Lay of the Land, hosts Heather Horowitz, Jen McCosker, Christian Major, Tobias Gries, and Anna Amprimo discuss office asset market trends in the United States, Australia, the UK, Germany, and Italy…more

Commercial Buildings, Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Environmental Social & Governance (ESG)

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UK National Security and Investment Act—Considerations for Sellers of Shares and Assets

Executive Summary - The UK National Security and Investment Act (the Act) came into force on 4 January 2022, and applies to transactions that completed as of 11 November 2020. The Act is designed to govern arrangements that may…more

Asset Management, Financial Services Industry, Foreign Investment, Insolvency, National Security

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Supreme Court Wades Into Circuit Split, Endorses Broader View of "Scheme Liability" for Disseminating False Statements

On Wednesday, March 27, 2019, the U.S. Supreme Court ruled in favor of the Securities and Exchange Commission (“SEC”) and endorsed a broad view of so-called “scheme liability” under SEC Rule 10b-5(a) and (c)…more

Appeals, Enforcement Actions, False Statements, Fines, Intent to Defraud

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Global Boardroom Risk Solutions Newsletter

“Risk is sexy?” - Anonymous GC - Not every Director or General Counsel (GC) is likely to describe risk analysis as “sexy” but there is little doubt that risk issues have demanded a board level focus which would have been…more

Chief Compliance Officers, EU, Natural Gas, Oil & Gas, Oil Prices

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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COVID-19: Planning for Wave of CARES Act Enforcement for Aviation Industry

As detailed in prior alerts, the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act” or the “Act”) provides, among other things, financial assistance to the aviation industry through payroll support (the…more

Aviation Industry, CARES Act, Coronavirus/COVID-19, Federal Loans

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Climate Change Hits EPA: 30 Pending Regulations Frozen

In accordance with direction from the Trump administration, the U.S. Environmental Protection Agency (“EPA”) has published a final rulemaking delaying the effective date of 30 pending regulations until at least March 21, 2017…more

Biofuel, CERCLA, Climate Change, Environmental Protection Agency (EPA), FIFRA

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Hypothetical Performance Crackdown: Nine Firms Charged With Violations of Investment Adviser Marketing and Recordkeeping Rules

On 11 September 2023, the Securities and Exchange Commission (SEC) announced charges against nine investment advisers for violations of: (i) the hypothetical performance requirements set forth in Advisers Act Rule 206(4)-1 (the…more

Asset Management, Enforcement Actions, Investment Adviser, Recordkeeping Requirements, Securities and Exchange Commission (SEC)

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The SEC's Marketing Rule: Open Issues and Looming Sweep Exams

More than a month has passed since the 4 November compliance date for the Securities and Exchange Commission’s (SEC) Modernized Marketing Rule for Investment Advisers (the Marketing Rule or the Rule), and many in the industry…more

Investment, Investment Adviser, Investment Management, Investment Portfolios, Securities and Exchange Commission (SEC)

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COVID-19: New DOJ Guidance on Inability-to-Pay Claims: What Companies Affected by COVID-19 Need to Know When Seeking Reduced Civil and Criminal Penalties from DOJ

As many corporate practitioners know from experience, U.S. Department of Justice (DOJ) lawyers and federal prosecutors often factor a company’s inability to pay into corporate civil and criminal resolutions with the government…more

Coronavirus/COVID-19, Corporate Counsel, Corporate Criminal Fines, Criminal Penalties, Department of Justice (DOJ)

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What Privilege Rules Govern My International Arbitration?

International arbitration inevitably involves different parties from different jurisdictions. The parties, their counsel, the seat, the arbitrators, the governing law of the contract, the setting of the relevant facts, and the…more

Arbitration, Attorney-Client Privilege, Australia, International Arbitration, Jurisdiction

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COVID-19: The Impact on UK Annual General Meetings

INTRODUCTION - At this time of year, many public limited companies are preparing to convene and host their annual general meetings ("AGMs"), but the current COVID-19 pandemic has thrown into question how they will be able to do…more

Coronavirus/COVID-19, London Stock Exchange, Shelter-In-Place, UK

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Competition Law "Leaves its Studs in" on UEFA and FIFA

Introduction - The Court of Justice of the European Union (CJEU) has issued two major decisions in separate cases concerning sporting organisations’ ability to regulate their: (i) competitions; and (ii) members’ activities which…more

Competition, Court of Justice of the European Union (CJEU), EU, European Commission, Fédération Internationale de Football Association (FIFA)

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German Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG)

A comprehensive change to German insolvency and restructuring law has become effective starting 1 January 2021. The change allows that a company's reorganization is possible without insolvency and includes the majority decision…more

Coronavirus/COVID-19, Creditors, Debt Restructuring, Debtors, Germany

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Be Ready When the Dragon Awakens—Breathing Fire Back Into Business: What You Need to Know if You Are Coming to China in 2023

What will you be doing on 8 January 2023? Many will head to the spa for National Bubble Bath Day, while others will be eating English toffee for National English Toffee Day. But for the thousands of businesses with investments…more

China, Corporate Taxes, Tax Benefits, Tax Treaty, Work Permits

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Brussels Regulatory Brief: April 2019

Defence and Security - Establishment of the European Defence Fund - On 20 February 2019, the European Parliament and the Council of the EU reached a partial political agreement on the European Defence Fund (the “EDF”)…more

Competition, EIOPA, EU, European Commission, European Securities and Markets Authority (ESMA)

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

See all updates »

Questions & Answers on State and Local Variations on the SEC Pay-to-Play Rule

Many states and municipalities have adopted laws and regulations that affect how investment managers may solicit investment advisory business, including investment in sponsored public and private funds, from the state agencies…more

Government Officials, Investment Adviser, Investment Advisers Act of 1940, Pay-To-Play, Political Contributions

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Labour's First 100 Days for Workplace Law

As the first 100 days of the Prime Minister Jacinta Arden led Labour government comes to a close this week, we take a look at the status of the government's proposed amendments to workplace and immigration policy to…more

Collective Bargaining, Employer Liability Issues, Equal Pay, Foreign Workers, Minimum Wage

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Queensland Workers' Compensation Bill Will Remove the Current Impairment Threshold for Injured Workers

If passed by the Queensland Parliament, the Workers' Compensation Amendment Bill 2015 (QLD) (Bill) will remove the previous Liberal National Party Government's limitations on an injured worker's entitlement to commence a common…more

Workplace Injury, Workplace Safety

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Latin America Enforcement and Security Guide

In the current economic climate, it is important that lenders understand how they can enforce security and debt claims to help in assessing options in the event of default by their customers, and when structuring new lending. It…more

Argentina, Brazil, Colombia, Creditors, Cross-Border

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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Arbitration World - April 2020

FROM THE EDITORS - Welcome to the 37th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Foreign Arbitration Clauses

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11th Circuit Creates Circuit Split Holding that an "Adverse Act" Is Needed to Bring an ADA Claim for Failure to Accommodate

Overview - On 24 May 2023, in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit created a split in the circuit courts by holding that an employee must establish the occurrence of an…more

Adverse Employment Action, Americans with Disabilities Act (ADA), Disability, Disability Discrimination, Failure to Accommodate

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Court Orders Elimination of Medicare Appeals Backlog by 2022

On November 1, 2018, the United States District Court for the District of Columbia (“District Court”) issued an order and memorandum opinion addressing the government’s current backlog of administrative appeals for Medicare…more

Administrative Appeals, Administrative Backlogs, Department of Health and Human Services (HHS), Health Care Providers, Medicare

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In the Weeds: Why Arbitration May Be the Key to Preserving Enforcement of Cannabis M&A and VC Contracts

As 2022 hits, new markets continue to beckon for the cannabis industry, with New York, New Jersey, and Virginia all set to open business for recreational marijuana sales in the next 18-24 months…more

Acquisitions, Arbitration, Cannabis-Related Businesses (CRBs), Contract Disputes, Contract Terms

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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The New European Unitary Patent System

The new Unitary Patent System is expected to go into effect in the spring of 2017. This system will bring a groundbreaking change to the European patent landscape as it allows patentees to apply for a European Patent with…more

EPO, EU, Patent Litigation, Patents

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Implementing Berkheimer: Shifting the Examination Burden at the USPTO

In the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank Int’l, the Supreme Court cemented a two-step framework for determining whether a patent claim is ineligible for patenting under §101. The first step assesses…more

CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents, Section 101

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Amendments to the Qatar Commercial Companies Law

The Qatar Commercial Companies Law Number 11 of 2015 (the Companies Law) has recently been amended by Law Number 8 of 2021 (the Amending Law). The Amending Law introduces significant changes to the Companies Law, enhancing the…more

Corporate Governance, Qatar

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Key Intellectual Property Takeaways for the Cannabis Industry

INTRODUCTION - Cannabis is a rapidly evolving field with 33 states and the District of Columbia having passed laws broadly legalizing some form of medicinal or recreational use…more

Cannabis Products, Intellectual Property Protection, Marijuana Related Businesses, Patents, Trademarks

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UK and EU Sanctions Update–April 2024

The following alert provides an update on recent sanctions developments, including: The publication of the UK government’s first sanctions strategy. The announcement of over 50 new sanctions. Measures to strengthen the Oil…more

Asset Freeze, Economic Sanctions, EU, Export Controls, Exports

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Time Waits for No-One When a Garnishee Order can be Obtained to Enforce an Adjudicator's Determination

The Supreme Court is often called upon by an aggrieved party to restrain enforcement of an adjudicator's determination whilst that party seeks to have the determination set aside. In an ex tempore decision in Atlas…more

Adjudicatory Process, Australia, Construction Industry

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After the Election: What Can and Will Get Done?

The Biden-Harris transition is in full swing. President-elect Biden has started announcing Cabinet positions, and key staff and agency teams are soliciting input as they work feverishly to put together personnel, policies, and…more

Appropriation, Biden Administration, Climate Change, Coronavirus/COVID-19, Infrastructure

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Sometimes Borrowing Isn’t Stealing: De Minimis Sampling of Music Sound Recordings Isn’t Copyright Infringement, Say Two Key Courts in the United States and Germany

Setting music sampling up for a potential U.S. Supreme Court battle, the Ninth Circuit sided with Madonna Louise Veronica Ciccone and her producer (Shep Pettibone) in emphatically rejecting the Sixth Circuit’s bright-line rule…more

Copyright Infringement, Copyright Litigation, Madonna, Music Industry, Musical Sound Recordings

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COVID-19: UK Public Sector Construction - Cabinet Office publishes FAQs regarding PPN02/20

Further to our recent blog post “COVID-19: UK Public Sector Construction - cash flow relief for suppliers” on 31 March 2020, in which we set out guidance on the Government’s Procurement Policy Note - Supplier relief due to…more

Construction Contracts, Construction Industry, Construction Project, Procurement Guidelines, UK

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Amendments Allow Insurers to Utilise Electronic Communication Channels

Recent amendments to the Insurance Contracts Act 1984 (Cth) (IC Act) include significant changes to electronic communications which, in combination with amendments to the Electronic Transactions Act 1999 (Cth) (ET Act), will…more

Australia

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FAA Announces Final Rules to Further Integrate Drones Into the National Airspace System

On 28 December 2020, the Federal Aviation Administration (FAA) announced two final rules that will allow for expanded unmanned aircraft system (UAS or, more commonly, drones) operations and further integrate UAS into the…more

Airspace, Aviation Industry, Drones, Federal Aviation Administration (FAA), Public Policy

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Addressing Whistleblower Claims Under Sarbanes-Oxley and Beyond: US Supreme Court Hears Argument on Burden of Proof Requirements

The United States Supreme Court recently heard oral argument in a case arising under the whistleblower provisions of the Sarbanes-Oxley Act of 2002 (SOX), presenting the question of who must prove intent in a whistleblower…more

Anti-Retaliation Provisions, Burden of Proof, Publicly-Traded Companies, Sarbanes-Oxley, SCOTUS

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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HUB Talks: Arbitration World: Virtual Collaboration Tools and their e-Discovery implications in Arbitration and Litigation

Join London Commercial Disputes Partner Martin King and Seattle Partner Julie Anne Halter—practice group coordinator for K&L Gates’ e-Discovery Analysis and Technology group (e-DAT)—as they discuss virtual collaboration tools…more

Arbitration, Arbitrators, Collaboration, Data Collection, Discovery

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PTAB’s Motion to Amend Patentability Powers

In a 2-1 split decision on Wednesday, July 22, 2020, the Federal Circuit confirmed that the Patent Trial and Appeal Board (“PTAB“) had the authority to reject substitute claims under 35 U.S.C. §§ 101 and 112, statutory grounds…more

Patent Litigation, Patent Trial and Appeal Board, Patents

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Delaware Court of Chancery Holds Deal Price Generated Through Reliable Sales Process Was Fair Value

In the statutory appraisal proceeding, In re Appraisal of Columbia Pipeline Group, Inc., Cons. C.A. No. 12736-VCL (Del. Ch. August 12, 2019), the Delaware Court of Chancery determined that the fair value of Columbia Pipeline…more

Acquisitions, Appraisal, Deal Price, Fair Market Value, Mergers

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Life Insurance – Some Sales Tactics Exposed

An Australian Securities & Investments Commission (ASIC) Report, "Sale of Direct Life Insurance" (Report), has exposed systemic issues within the life insurance industry. The findings include a number of dramatic case studies…more

ASIC, Australia, Insurance Industry, Life Insurance

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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FY2025 Budget Supports Biden Administration's Focus on Fairness in the Tax Code

Overview - On Monday, 11 March 2024, the Biden administration released the president’s budget request (PBR) for fiscal year 2025 (FY2025), as well as the “Greenbook” containing explanations of the various revenue proposals in…more

Biden Administration, Capital Gains, Excise Tax, Federal Budget, GILTI tax

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Delaware Chancery Court Makes Groundbreaking “Material Adverse Effect” Finding Allowing Buyer to Terminate Merger Agreement

In a landmark decision, a Delaware court has, for what is widely believed to be the first time ever, found that a material adverse effect actually occurred in an acquisition transaction, giving the buyer a right to terminate the…more

Acquisitions, Material Adverse Effects, Merger Agreements, Mergers

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Recent Developments to the 340B Drug Pricing Program

In this episode Victoria Hamscho, Andrew Ruskin, and Leah Richardson provide an update on key developments to the 340B Program. They discuss the effects of the Supreme Court’s decision earlier this year overturning 340B hospital…more

Drug Pricing, Hospitals, Medicare Advantage, Outpatient Prospective Payment System (OPPS), Proposed Rules

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From Behind Closed Doors To The Steps Of The Federal Courthouse: The Defend Trade Secrets Act of 2016

The Defend Trade Secrets Act of 2016 (“DTSA”) was unanimously passed by the Senate on April 4, 2016, and then by the House Judiciary Committee on April 20, 2016. The House voted to pass the DTSA on Wednesday, April 27, 2016,…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte, Intellectual Property Protection

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Banks Take Notice: FDIC Continues Regulatory Scrutiny of Fees Charged to Consumers

New guidance from the Federal Deposit Insurance Corporation (FDIC), released on 18 August 2022, regarding multiple re-presentment nonsufficient funds (NSF) fees, suggests that banks eliminate the fees altogether and continues…more

Banking Sector, FDIC, Fees, Financial Institutions, Financial Services Industry

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London’s New Appeal for Chinese Companies Looking to List

In the wake of the COVID-19 crisis, it has been widely reported that China has been urging domestic companies to look at listing in London, as it aims to revive transactions and strengthen overseas ties. Similarly, it is also…more

London Stock Exchange, Nasdaq, NYSE, Shanghai Stock Exchange, UK

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Arbitration World - November 2021

FROM THE EDITORS - In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the…more

Arbitral Authority, Arbitration, Arbitration Agreements, Arbitration Awards, Dispute Resolution

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Don't Lose Your Priority in 2014 – Australian Transitional Perfection of Security Interests to Expire!

Many companies doing business in Australia have been caught unaware of an impending impactof the Personal Property Securities Act 2009 (Cth) (PPSA). In considering the effect of the PPSA on your business, it is critical that you…more

Australia, Personal Property, PPSA

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Three Practical Considerations When Evaluating Your Cyber Extortion Coverage

Cyber crime has increased significantly over the past several years, with no indications that the annual increases will stop or even slow down. Many analysts predict that global ransomware “damages” will exceed $5 Billion in…more

Cyber Crimes, Cyber Insurance, Cyber Threats, Cybersecurity, Malware

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Triumph over Trolls: Combatting Online Abuse and Lessons from Going 'Viral'

Quaden Bayles is a nine-year-old Indigenous Australian who suffers from a rare case of dwarfism as well as other significant health issues. Quaden's story became topical globally following the release of a video filmed by…more

Australia, Copyright Infringement, Cyberbullying, Fair Use, Harassment

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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COVID-19: Real Estate Finance and COVID-19 - Will COVID-19 Trigger a Material Adverse Change (MAC) Clause?

In this Alert our real estate and finance lawyers will look at whether COVID-19 can trigger Material Adverse Change Clauses (MAC) in facility and loan agreements…more

Coronavirus/COVID-19, Loan Agreements, MACs, Material Adverse Change Clauses (MACs), UK

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

SEC Proposes Rules on Clawback Policies & Other Dodd-Frank Act Executive Compensation Updates - July 2015

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank” or the “Act”) includes a number of measures focused on governance and disclosure practices related to executive compensation. Although several…more

Clawbacks, Disclosure Requirements, Dodd-Frank, Executive Compensation, Financial Restatements

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Dialing for Dollars: US Department of Justice Announces New Whistleblower Pilot Program

On 7 March 2024, the US Department of Justice (DOJ) announced that it is launching a new whistleblower pilot program designed to reward individuals who report acts of significant corporate misconduct or financial wrongdoing (DOJ…more

CFTC, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Pilot Programs

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Secure Jobs, Better Pay Bill Introduced Into Parliament

The Federal Government recently introduced the Secure Jobs, Better Pay Bill 2022 (Cth) (Bill) into Parliament, which proposes to amend the Fair Work Act 2009 (Cth) (Act) and the operation of the Fair Work Commission (FWC). If…more

Australia, Collective Bargaining, Employee Rights, Employer Responsibilities, Enterprise Bargaining

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PRIIPs KID – The New Disclosure Document for Manufacturers and Distributors of Funds, Structured Securities and Other Packaged Investment Products

Commencing on 1 January 2018, European and non-European entities or persons producing or selling packaged retail investment and insurance-based products (so-called PRIIPs) to retail investors in Europe, will be required under…more

EU, European Supervisory Authorities (ESAs), Financial Institutions, MiFID II, Packaged Retail And Insurance-Based Investment Products (PRIIPS)

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SECURE 2.0 Act Legislation Includes Significant Changes to Individual Retirement Accounts

Late last year, Congress enacted a sweeping set of new retirement savings rules. The SECURE 2.0 Act of 2022 (SECURE 2.0), included as part of the Consolidated Appropriations Act, 2023, builds on the significant retirement…more

Consolidated Appropriations Act (CAA), Excise Tax, Individual Retirement Account (IRA), Required Minimum Distributions, Retirement

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Precidian and ActiveShares ETFs: The Dawn of a New Era for Active Management

On Monday, April 8, 2019, the U.S. Securities and Exchange Commission (“Commission” or “SEC”) signaled the dawn of a new era for traditional active management and exchange-traded fund (“ETF”) regulation by noticing its intent to…more

ETFs, Investment Adviser, Investment Company Act of 1940, Investment Management, Securities and Exchange Commission (SEC)

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Workplace Safety in the U.K. - Multi-Million Dollar Fines for Workplace Safety Offences by Companies - New U.K. Sentencing Guidelines

Accidents do sometimes happen, even in well-run factories and construction sites. Where there has been an accident in the U.K., companies face prosecution by the Health & Safety Executive (“HSE”) in the criminal courts and…more

Criminal Prosecution, Food Safety, Manufacturers, Sentencing, UK

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The Digital Economy: The Tax Man is Coming

Once again, we find ourselves faced with a proposal attempting to target and provide special tax rules for income generated in the digital economy. As was the case in the previous year’s budget proposal, the Administration’s…more

Digital Goods, Digital Services, Green Book, IRS

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U.S. Supreme Court Issues Landmark Clean Water Act Decision, Significantly Narrowing the Scope of "Waters of the United States" Under Federal Law

It is rare for the U.S. Supreme Court to construe a statutory phrase on multiple occasions.  And yet now, for purposes of the federal Clean Water Act (CWA or the Act), it has rendered no less than four interpretations of the…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

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Workplace Reform Rolls on… Again

The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill…more

Arbitration, Australia, Compliance, Employees, Employer Liability Issues

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Cross-border Investigations: When Are Documents Developed in the Course of an Internal Investigation Protected by Legal Privilege?

Introduction - A recent decision by Germany’s Federal Constitutional Court (Bundesverfassungsgericht) (“FCC”) has renewed important questions with respect to legal privilege, its varied conceptual and practical scopes and…more

Attorney-Client Privilege, Constitutional Courts, Criminal Investigations, Germany, Internal Investigations

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Key Implications of the Supreme Court’s Decision in Salman

Yesterday the Supreme Court issued its decision in Salman v. United States, the first insider trading case to reach the Court in decades. In a unanimous opinion delivered by Justice Alito, the Court affirmed the criminal…more

Confidential Information, Dirks v SEC, Illegal Tipping, Insider Trading, Personal Benefit

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[Webinar] Regulating AI: The Potential Impact of Global Regulation of Artificial Intelligence – Part II - December 7th, 10:00 am - 11:00 am SGT

This will be a panel discussion featuring a series of webinars that address the potential impacts of artificial intelligence (AI) regulations on business across the globe. Recent developments in general availability of AI and…more

Artificial Intelligence, Asia Pacific, Best Practices, Business Operations, Ethics

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The Hydrogen Handbook - United States

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

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"Nine Commandments" for the NSW Planning System: Planning Minister Announces Further Planning Reforms

The NSW Government recently announced the next stage of NSW's ongoing planning reforms which consist of: new ministerial planning principles intended to guide strategic decisions and planning policies; and further consolidation…more

Australia, Environmental Policies, Greenhouse Gas Emissions, Risk Management, Sustainability

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Cinderella May Not Turn Into a Pumpkin After All: The Proposed Relaxation of the Two-Midnight Rule

On July 8, 2015, the Centers for Medicare and Medicaid Services (“CMS”) released a Proposed Rule regarding the 2016 Hospital Outpatient Prospective Payment System (“OPPS”). The Proposed Rule, in addition to proposing updates to…more

Centers for Medicare & Medicaid Services (CMS), EMTALA, Healthcare, Hospitals, Inpatient Prospective Payment System (IPPS)

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Supreme Court Redefines Framework for Determining Whether a Patent Case is Exceptional and Warrants an Award of Attorney’s Fees

On April 29, 2014, the Supreme Court delivered much-anticipated decisions in the Octane and Highmark cases and redefined the framework for determining whether a patent lawsuit is “exceptional,” justifying an award of attorney’s…more

Attorney's Fees, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement, Patent Litigation

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ESG – Recent Developments in Global Sustainable Finance

Introduction - With an intense focus on sustainability by governments, companies, investors and financial intermediaries, environmental, social and governance (“ESG”) principles are more important than ever…more

Corporate Governance, Environmental Social & Governance (ESG), Financial Services Industry, Green Finance, Loans

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WA Regulation of Performance Security in Contracts

All participants in the construction industry should be aware of legislative provisions that apply to performance security in more recent construction contracts for projects in Western Australia. The changes create new…more

Australia, Construction Contracts, Construction Industry, Construction Project, Notice Requirements

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Agribusiness, Food & Beverage Sector Year in Review

2019 was a productive and thought-provoking year for our global agribusiness, food and beverage team. Over the course of the year our lawyers worked on numerous exciting and meaningful matters with our clients…more

Agribusiness, Agricultural Sector, Dietary Supplements, Farm & Fisherman Bankruptcies, Food Labeling

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Should Job Applicants be Permitted to Use Artificial Intelligence?

As employers explore ways to use Artificial Intelligence (AI) within the bounds of existing and emerging legislation and guidance, and as government agencies, states, and municipalities seek to regulate AI in employment and…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Job Applicants

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UK Real Estate Ownership and the Implications of the Economic Crime (Transparency and Enforcement) Act

On 2 August 2023, the Register of Overseas Entities (ROE) update process went live. UK Companies House issued guidance on the requirements overseas entities will have to adhere to in their annual update of the ROE. Our previous…more

Beneficial Owner, Disclosure Requirements, Foreign Entities, Foreign Ownership, Property Owners

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SEC Adopts Final Rule Implementing Amendments to Regulation S-K, Regulation S-X, and other Securities Laws to Simplify Disclosure Requirements

In August 2018, the Securities and Exchange Commission (the “Commission”) adopted amendments to certain disclosure requirements set forth in Regulation S-K, Regulation S-X, and other Commission rules and forms promulgated under…more

Amended Regulation, Disclosure Requirements, Final Rules, Financial Statements, GAAP

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Taking Care of Business: 1st Circuit Affirms Admittance Integrated Business Records

The 1st Circuit Court of Appeals recently affirmed a district court’s ruling to allow in evidence a mortgage loan account history printout that included entries from two prior loan servicers as a business record exception to the…more

Appeals, Business Records, Evidence, Federal Rules of Evidence, Hearsay

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Keeping “PACE” in Commercial Real Estate Improvements: A Primer on the New Washington Commercial Property Assessed Clean Energy and Resiliency (C-PACER) Program

Commercial property owners in the state of Washington may soon have access to a new source of funding for energy efficiency, renewable energy, and resiliency improvements to their buildings. Washington’s C-PACER legislation…more

Clean Energy, Commercial Property Owners, Loans, Mortgages, Property Owners

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SEC Issues Long-Awaited Climate Risk Disclosure Rule

Introduction - On Wednesday, 6 March 2024, the Securities and Exchange Commission (SEC) approved its highly anticipated final rules on “The Enhancement and Standardization of Climate-Related Disclosures for Investors” by a vote…more

Asset Management, Board of Directors, Climate Change, Corporate Governance, Disclosure Requirements

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Current Industry Terms and Observations: 2019 Seattle Investment Management Conference

AGENDA - - Where is the money going? - Where is the money coming from? - Observation of market terms - Ways to enhance returns - Changing terms and issues to consider - Practical realities of being an investor …more

CFIUS, Hedge Funds, Investment Funds, Private Equity, Venture Capital

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What's in a Fund Name? SEC Approves Changes to the Fund Names Rule

On 20 September 2023, the US Securities and Exchange Commission (the SEC) adopted amendments to Rule 35d-1 (the Names Rule or Rule) under the Investment Company Act of 1940, as amended (the 1940 Act), and made related form…more

Financial Services Industry, Fund Managers, Investment Companies, Investment Company Act of 1940, Investment Funds

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German Whistleblower Protection Act Enters into Force

On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels enabling employees to report certain…more

Employees, Employer Responsibilities, Germany, Whistleblower Protection Policies, Whistleblowers

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Oregon Employment Legislation to Keep an Eye on This Year

As the Oregon 2021 legislative session gets underway, there are several bills that, if passed, would have a significant impact on the employment landscape: lowering burden of proof requirements for employees bringing claims of…more

Burden of Proof, Discrimination, Independent Contractors, Legislative Agendas, Non-Compete Agreements

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Oregon Is Set to Become the First State in the Nation Requiring Employers to Give Hourly Employees Advance Notice of Their Work Schedules

Following cities like San Francisco and Seattle, on June 29, 2017, the Oregon Legislature passed the Fair Work Week Act (the “Act”), becoming the first state in the nation to require advance notice of hourly employee work…more

Employer Liability Issues, Fast-Food Industry, Food Service Workers, Local Ordinance, On-Call Employees

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Deference and Comity: CFTC Approves Cross-Border Swaps Final Rule

INTRODUCTION - The Commodity Futures Trading Commission (CFTC or Commission) recently voted 3–2 to approve a final rule (Final Rule) on the cross-border application of certain swap provisions under the Commodity Exchange Act…more

CFTC, Commodity Exchange Act (CEA), Dodd-Frank, Investment, Investment Funds

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SEC Adopts Final Rules for Cybersecurity Disclosures

Companies will soon face new reporting requirements with respect to cybersecurity incidents and governance after the US Securities and Exchange Commission (SEC) adopted final rules on 26 July 2023. The final rules supplement…more

Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Form 10-K

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Summer's Over, but the Pool Is Open: SEC Expands the Definition of Accredited Investor

INTRODUCTION - On 26 August 2020, the U.S. Securities and Exchange Commission (the SEC) adopted amendments to Rule 501(a) of Regulation D promulgated under the Securities Act of 1933, as amended (the Securities Act), which…more

Accredited Investors, Investment Adviser, Investors, Limited Liability Company (LLC), Private Equity Funds

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SEC Broadens Enforcement Activity Related to Private Equity Fees and Expenses — And Narrows the Opportunity for Managers to Correct Past Deficiencies

On December 21, 2017 the U.S. Securities and Exchange Commission (the “SEC”) published a settlement order with TPG Capital Advisors, LLC (“TPG”) arising from insufficient disclosure regarding the acceleration of monitoring fees…more

Disclosure Requirements, Enforcement Actions, Fees, Form ADV, Investment Advisers Act of 1940

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In a Section 262 Appraisal Rights Proceeding, Chancery Court Accepts a Modified Version of Petitioners' Valuation of a Merging Company's Stock

In Manichaean Capital, LLC, et al. v. SourceHOV Holdings, Inc., C.A. No. 2017-0673-JRS (Del. Ch. January 30, 2019), certain minority stockholders of a merging company filed a petition with the Delaware Court of Chancery (the…more

Appraisal, Delaware General Corporation Law, Mergers, Section 262, Shareholder Rights

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Bega Claims the Peanut Butter Throne in $60 Million War With Kraft Heinz

WHAT YOU NEED TO KNOW - - Under Australian law, an entity can't transfer an unregistered trade mark to another entity without also transferring its entire business. - To transfer a trade mark without transferring a business,…more

Australia, Intellectual Property Protection, Trademark Registration, Trademarks

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Supreme Court Issues Decision Regarding False Claims Act's Scienter Element

The United States Supreme Court recently held that a defendant’s subjective belief is always relevant to the False Claims Act’s scienter element, regardless of what an objectively reasonable person may have believed. This means…more

Drug Pricing, False Claims Act (FCA), Pharmaceutical Industry, Pharmacies, Prescription Drugs

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The Third Time Is the Charm: The Eleventh Circuit Allows Creditor's Use of Commercial Mail Vendor

On 8 September 2022, sitting en banc, the Eleventh Circuit held that a debt collector’s communication of a customer’s information to the debt collector’s private, third-party commercial mail vendor was not actionable under the…more

Article III, Collection Agencies, Debt Collection, Debt Collectors, FDCPA

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Preparing for a Washington State Department of Revenue Audit

The Washington State Department of Revenue (“DOR”) is the enforcement agency for the state sales, business and occupation (“B&O”), and other excise taxes. The DOR conducts routine excise tax audits through its Audit Division,…more

Audits, Corporate Taxes, Department of Revenue, Tax Returns

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President’s Opioid Commission Issues Final Recommendations: Implications for Health Care Stakeholders

In late October, President Trump declared the nation’s opioid addiction crisis a public health emergency. Less than a week later, the President’s Commission on Combating Drug Addiction and the Opioid Crisis (the “Commission”)…more

Drug & Alcohol Abuse, Governor Christie, Health Care Providers, Opioid, Pharmaceutical Industry

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Brussels Regulatory Brief: June 2018

Antitrust and Competition - Gun jumping attracts increased scrutiny by the European Commission - The European Commission continues its scrutiny against breaches of the procedural obligations in the framework of the EU merger…more

Acquisitions, Competition, EU, European Commission, European Merger Control Regulation

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The Committee on Foreign Investment in the United States Sharpens Its Enforcement Edge: Proposed Regulatory Revisions Expand Penalty Authority

On 15 April 2024, the Treasury Department’s Office of Investment Security published a Proposed Rule to revise the regulations governing the Committee on Foreign Investment in the United States (CFIUS or the Committee). The…more

CFIUS, Civil Monetary Penalty, Enforcement, Foreign Acquisitions, Foreign Investment

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ESG and the Sustainable Economy Handbook - Perspectives in ESG and Sustainable Investment

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Capital Investments, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Health Care Triage: Highlights for Research Institutions and Sponsors in FDA's Recent Draft Guidance on Decentralized Clinical Trials

In this episode, Michael Hinckle and Rebecca Schaefer provide an overview of FDA’s recently issued draft guidance on decentralized clinical trials. They review the goals of the guidance to promote diversity in clinical trials,…more

Biologics, Clinical Trials, Comment Period, Draft Guidance, Food and Drug Administration (FDA)

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Welcome to the Tax Credit Revolution: New Opportunities for the Energy Industry in the Inflation Reduction Act

On 16 August 2022, President Joe Biden signed the Inflation Reduction Act of 2022 (IRA). While not as expansive as the Build Back Better Act, the IRA has the potential to dramatically accelerate the energy transition in the…more

Biden Administration, Electric Vehicles, Electricity, Energy Sector, Energy Storage

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Federal Circuit Holds Prosecution Laches Defense is Available to PTO in a 35 U.S.C. § 145 Action

On Tuesday, 1 June 2021, the Federal Circuit issued a rare decision holding that the Patent and Trademark Office (the PTO) may assert prosecution laches as an affirmative defense in a civil action brought by a patentee to obtain…more

Board of Patent Appeals, GATT, Patent Applications, Patent Litigation, Patents

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“Trump Majeure”: Managing Commercial Uncertainty in a New Age of Tariffs

Customs duties—the fees levied by governments on imported goods—have always been a feature of international business and trade. Until recently, duties were a fairly routine subject…more

Imports, Retaliatory Tariffs, Tariffs, Trade Relations, Trade Retaliation

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SEC's Settlement with BarnBridge DAO: Implications for the Future of DeFi

The BarnBridge decentralized autonomous organization (the DAO), along with its founders, agreed to a cease-and-desist order (Order), settling charges brought by the US Securities and Exchange Commission (SEC) finding that its…more

Cease and Desist Orders, Decentralized Autonomous Organization (DAO), Decentralized Finance (DeFi), Investment Companies, Securities and Exchange Commission (SEC)

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K&L Gates Carolinas Environmental Update: A quarterly update on environmental issues and solutions for clients in the Carolinas

A quarterly update on environmental issues and solutions for clients in the Carolinas - WELCOME TO THE K&L GATES CAROLINAS ENVIRONMENTAL UPDATE - With experienced environmental attorneys in four offices across North Carolina…more

CERCLA, Clean Water Act, Contamination, Department of Environmental Quality, Environmental Protection Agency (EPA)

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ESG–Australia – Consultation Material for the 5th Edition of the Corporate Governance Council Principles and Recommendations Released

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and…more

Annual Reports, Australia, Australian Securities Exchange (ASX), CEOs, CFOs

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Brussels Regulatory Brief: April 2022

ANTITRUST AND COMPETITION - The Commission and the German Competition Authority conducted surprise inspections in Germany for suspected abuse of a dominant position in the natural gas sector…more

Antitrust Investigations, Antitrust Provisions, Competition, Digital Currency, Digital Marketplace

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Litigation Minute: Current Issues in Cryptocurrency-Related Litigation (Cryptocurrency Litigation Series: Part Four of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Blockchain and distributed ledger technology hold great promise for advancements in logistics and supply chain management, health care, finance, and many other aspects of business and…more

Blockchain, Cryptocurrency, Digital Assets, Distributed Ledger Technology (DLT), Risk Management

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Arbitration World

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, China

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The Federal Circuit Dismisses Biosimilar Petitioner’s IPR Appeal for Lack of Standing Due to Mootness

In Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Company, the Federal Circuit dismissed a biosimilar petitioner’s appeal of an adverse inter partes review (“IPR”) decision for lack of standing…more

Biosimilars, Inter Partes Review (IPR) Proceeding, Mootness, Patent Litigation, Patent Trial and Appeal Board

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Biometric Privacy Statutes and Insurance Coverage: Recent Developments in Illinois and the National Landscape

Introduction - Disputes between insurers and their policyholders relating to insurers’ coverage obligations in biometric privacy-related litigation are on the rise. Over the past year, insurers have commenced a number of…more

Biometric Information, Biometric Information Privacy Act, Illinois, Insurance Industry, Policy Terms

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Shipping Emissions Remain a Focus of Reintroduced House Bill

In honor of World Oceans Day, House Natural Resources Committee Chair Raúl Grijalva (D-AZ) reintroduced legislation aimed at addressing the ocean impacts of climate change and reforming federal ocean management to better account…more

Greenhouse Gas Emissions, MARAD, Maritime Transport, NOAA, Reporting Requirements

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Session II - Private Fund Developments: 2019 Boston Investment Management Conference

RECENT SEC ENFORCEMENT ACTIONS - FEES AND EXPENSE ALLOCATIONS - ECP Manager (Sept. 27, 2019) Administrative Proceeding File No. 3-19535 - - A PE adviser settled claims which alleged that it caused its fund to overpay…more

Capital Gains, Enforcement Actions, Investment Management, Investors, Opportunity Zones

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Regulation on Wholesale Energy Markets Integrity and Transparency - Are You REMIT Compliant?

The regulatory and enforcement landscape of the European natural gas and electricity markets is changing considerably following the last stage in the implementation of the Regulation on Wholesale Energy Markets Integrity and…more

Energy Market, Energy Sector, EU, Natural Gas, Registration Requirement

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Confidentiality of Substance Use Disorder Records: Long-awaited NPRM Proposes Aligning Part 2 with HIPAA

BACKGROUND - As we noted in prior health care alerts in 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) significantly overhauled the federal law that governs the confidentiality of substance use disorder…more

Confidential Information, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Medical Records, NPRM

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Brussels Regulatory Brief: March 2024

Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8 billion…more

Anti-Competitive, Antitrust Provisions, Apple, Artificial Intelligence, Competition

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Supreme Court Redefines Framework for Determining Whether a Patent Case is Exceptional and Warrants an Award of Attorney’s Fees

On April 29, 2014, the Supreme Court delivered much-anticipated decisions in the Octane and Highmark cases and redefined the framework for determining whether a patent lawsuit is “exceptional,” justifying an award of attorney’s…more

Attorney's Fees, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement, Patent Litigation

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Preparing for the Next Hanjin: The Unique Challenges and Ripple Effects of Maritime Insolvency and Restructuring

As we attempt to mitigate the potential effects of the COVID-19 pandemic on our global supply chain, stakeholders should be actively considering downstream impacts. In this current environment, considering prospective internal…more

Commercial Bankruptcy, Insolvency, Maritime Liens, Restructuring, Shipping Cargo

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The Eleventh Circuit Has Ruled that Websites Are Not Places of Public Accommodation-Unless Congress Says So

In a recent landmark ruling, the Eleventh Circuit Court of Appeals has held that websites are not places of public accommodation within the meaning of Title III of the Americans with Disabilities Act (ADA). In a 2-1 decision,…more

Americans with Disabilities Act (ADA), Corporate Counsel, Reasonable Accommodation, Website Accessibility, Websites

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SEC Takes First Step Toward Standardized ESG Disclosures for Funds and Investment Advisers

Executive Summary - On 25 May 2022, the U.S. Securities and Exchange Commission (the SEC) proposed amendments to existing rules and reporting forms (the Proposed Amendments) designed to promote consistent, comparable, and…more

Disclosure Requirements, Environmental Social & Governance (ESG), Investment Adviser, Investment Funds, Investors

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COVID-19: Federal Reserve Board Expands Terms and Conditions of Main Street Lending Program to Improve Accessibility to Small and Medium-sized Businesses

On June 8, 2020, the Federal Reserve Board (FRB) updated the terms and conditions to the Main Street Lending Program (the Program): the Main Street New Loan Facility (MSNLF), the Main Street Priority Loan Facility (MSPLF), and…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Main Street Expanded Loan Facility, Main Street Lending Programs

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Arbitration World - November 2021

FROM THE EDITORS - In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the…more

Arbitral Authority, Arbitration, Arbitration Agreements, Arbitration Awards, Dispute Resolution

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What Chinese Businesses Need to Know About Establishing an R&D Center in the United States

There is increasing interest from Chinese businesses in establishing an R&D center in the Silicon Valley and other technology centers in the United States. For example, the world’s largest mobile phone operator, China Mobile,…more

China, Export Controls, Licenses, Scientific Research, Technology

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An Ounce of Prevention: Act Now with “.sucks” Registration Opening

As many brand owners may know, the Internet Corporation for Assigned Names and Numbers (“ICANN”) recently approved the .sucks gTLD. The Sunrise period for trademark owners to register .sucks domain names containing their…more

Domain Names, gTLD, ICANN, Sunrise Periods, Trademarks

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Planning Bulletin - Prior Approval – 56 Day Rule

Historically, there was no scope to agree an extension of time for the determination of a prior approval application in relation to a permitted development…more

Extensions, Land Developers, Urban Planning & Development

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Offshore Wind Handbook

The U.S. offshore wind market has surged in growth over the last few years, bolstered by the U.S government’s commitment in 2021 to increase offshore wind lease capacity as well as the Biden Administration’s declaration that the…more

Asset Management, Biden Administration, BOEM, Energy Policy, Energy Projects

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The SEC's New Private Fund Adviser Rules: A Guide to Compliance (Updated)

On 23 August, the US Securities and Exchange Commission adopted new rules and rule amendments that will impose substantial regulation on the management and operation of private funds by investment advisers. The Guide to…more

Asset Management, Audits, Compliance, Disclosure Requirements, Fund Managers

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Sports and Only Sports: 1st Circuit Addresses Scope of the Wire Act

The U.S. Court of Appeals for the 1st Circuit recently issued an important decision regarding the scope of the Wire Act. Aligning itself with the 5th Circuit, the 1st Circuit concluded that, in all of its applications, the Wire…more

Department of Justice (DOJ), Gambling, Sports, Sports Betting, Sports Gambling

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COVID-19: Crisis Management for End-Users of Swaps and Repos: Key Issues in Responding to Margin Calls and Early Termination Notices

Counterparties to swap and repurchase transactions have come under pressure following the financial dislocations caused by the novel coronavirus pandemic in 2020 (“COVID-19”). Falling and illiquid markets may result in margin…more

Collateral, Coronavirus/COVID-19, Crisis Management, ISDA, ISDA Master Agreement

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China Releases Consultation Draft on Cyber Security Review of Online Services and Products

On February 4, 2017, the Cyberspace Administration of China (“CAC”) issued its consultation draft measures for the security review of online products and services (“draft measures”), among the anxieties caused by the vagueness…more

China, Cybersecurity, Data Protection, Popular

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The Committee on Foreign Investment in the United States Sharpens Its Enforcement Edge: Proposed Regulatory Revisions Expand Penalty Authority

On 15 April 2024, the Treasury Department’s Office of Investment Security published a Proposed Rule to revise the regulations governing the Committee on Foreign Investment in the United States (CFIUS or the Committee). The…more

CFIUS, Civil Monetary Penalty, Enforcement, Foreign Acquisitions, Foreign Investment

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Impacts of a Government Shutdown: Government Contractors

Introduction - Current federal funding expires this Saturday. As we approach the deadline, it is looking less likely that Congress will pass a continuing resolution, a short-term stopgap measure, to avoid a government shutdown…more

Federal Budget, Federal Contractors, Federal Funding, Government Shutdown

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Japan’s First Plea Bargain Reached in Foreign Bribery Case

Japanese prosecutors and Mitsubishi Hitachi Power Systems Ltd. (“MHPS”) have entered into a plea bargain with respect to bribery charges stemming from a plant construction project in Thailand. This is the first plea bargain…more

Bribery, Corporate Counsel, Criminal Prosecution, Japan, Plea Agreements

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High Court of Australia to Hear Appeal on Recognition of ICSID Arbitral Award Against Spain in November 2022

The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in…more

Arbitration Awards, Australia, EU, Foreign Investment, High Court of Australia

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Continuation of contracts under an insolvency proceeding governed by French law: Better be short!

When a company is in good standing and healthy, the question of the renewal of a contract or its duration arises only in a competitive environment. In case of an insolvency proceeding, the situation is more complex, notably for…more

Contract Term, EU, Insolvency

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Lay of the Land: Successful Real Estate Projects: Creating a Community at The Wharf in Southwest Washington, D.C.

In this episode, hosts Alex Kaplan and Heather Horowitz speak with guest Andrew Son, President of District Wharf Properties. The Wharf is one of the largest and most successful real estate projects developed in Washington, D.C.,…more

Community Development, Construction Project, Housing Developers, Housing Market, Real Estate Development

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Global Employer Guide

K&L Gates is proud to release the latest update of our Global Employer Guide. Created to complement our global employer solutions service, the interactive guide provides a quick, concise summary of the main employment law…more

Background Checks, Confidentiality Agreements, Employment Contract, Hiring & Firing, International Labor Laws

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Between a Rock and a Hard Place: The Sanctions Climate for Foreign Investment in Russia - Part I of II

Russia’s invasion of Ukraine and subsequent revelations of alleged atrocities in territories previously controlled by Russia have had a global impact. Dozens of foreign countries (States) have imposed a wide variety of sanctions…more

Blocking Sanctions, Economic Sanctions, EU, Financial Transactions, Foreign Investment

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The Decision of the International Court of Justice in Certain Iranian Assets

Implications for the Enforcement of Investor-state Arbitration Awards Arising From the Application of International Sanctions Against Russia - On 30 March 2023, the International Court of Justice (ICJ) issued its judgment in…more

Economic Sanctions, Foreign Investment, International Arbitration, Investor-State Arbitration, Iran

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CFTC Asserts Jurisdiction Over DAOs in Groundbreaking Enforcement Action

On 22 September 2022, in its first-ever enforcement action against a decentralized autonomous organization (DAO), the Commodity Futures Trading Commission (CFTC) alleged that certain automated crypto transactions conducted on a…more

CFTC, Cryptocurrency, Digital Assets, Enforcement Actions

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COVID-19 (Australia): Updated Guide to ACCC Authorisations (October 2020)

*This information is accurate as of Thursday 1 October and is subject to change as this situation evolves. Welcome to our updated guide to industry collaborations approved by the Australian Competition and Consumer Commission…more

Australia, Australian Competition and Consumer Commission (ACCC), Competition, Coronavirus/COVID-19

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Tax Credit Revolution: US Treasury and IRS Propose Section 45V Hydrogen Production Tax Credit Regulations

Members of the K&L Gates Hydrogen, Power, Tax, and Tax Policy teams speak with Sandi Safro Osborn, Assistant General Counsel of the Edison Electric Institute, about the proposed regulations the Treasury Department and Internal…more

Energy Projects, Energy Sector, Energy Tax Incentives, Hydrogen Power, Inflation Reduction Act (IRA)

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Changes to Thin Capitalisation and Non-Portfolio Dividend Exemption Rules

On 16 October 2014, changes to Australia's thin capitalisation and non-portfolio dividend exemption rules received Royal Assent. The changes to the thin capitalisation rules represent a significant tightening of the rules…more

Australia, Corporate Taxes, Exemptions, Small Business, Thin Capitalization

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Brussels Air Transport Brief: November 2018

Aviation Regulatory and Policy - Drones: European Commission prepares smart mobility solutions for tomorrow - On 28 November 2018, the European Commission (the “Commission”), together with European and national authorities…more

Airports, Aviation Industry, Drones, EU, Unmanned Aircraft Systems

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Introduction of the Taiwan Limited Partnership Act

On June 24, 2015, the new Limited Partnership Act was announced by President Ma Ying-jeou and will become effective on a date to be set by the Executive Yuan. The Act allows the establishment of a limited partnership in Taiwan,…more

Commercial Bankruptcy, Entrepreneurs, General Partner, Limited Partnerships, Taiwan

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Litigation Minute: Mitigating Class Action Risks Posed by Collecting and Storing Sensitive Data

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The collection and storage of sensitive data can not only invite the attention of government agencies, but also that of putative class action plaintiffs. Government inquiries, required…more

Class Action, Data Collection, Data Privacy, Data Security, Personal Data

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What Are Your Company's New Disclosure Obligations in China? – Potential Anti-Corruption Compliance Implications

In 2014, China adopted regulations intended to update and streamline company periodic reporting obligations. The regulations include a new obligation for compulsory interim disclosure of penalties imposed by PRC regulators that…more

Anti-Corruption, Chief Compliance Officers, China, Compliance, Disclosure Requirements

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Global Food, Drugs, Medical Devices and Cosmetics Newsletter - 3rd Edition

Welcome - We are pleased to provide you with the Fall edition of the Global Food, Drugs, Medical Devices and Cosmetics newsletter. This newsletter provides updates on important issues and developments across these…more

China, Clinical Trials, Cosmetics, EU, Food Labeling

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French IP Law Update – The Delicate Balance between Employers and Inventors: A French Revolution?

Counsel from jurisdictions where payments to employee-inventors only arise from contracts or employee incentive programs are sometimes surprised when they first become involved with jurisdictions that have statutory payment…more

Employees, France, Inventors, Patent Applications, Patents

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Qui Tam Quarterly: Enforcement Trends in False Claims Act Liability for Patient Assistance Programs

Patient assistance programs (“PAPs”) provide financial assistance to patients of limited financial means in a variety of forms, including free or discounted products, product coupons, cost-sharing assistance, and, in some cases,…more

False Claims Act (FCA), Fraud and Abuse, Health Care Providers, Healthcare Fraud, Patient Assistance Programs

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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Health Care Triage: Medicare Advantage False Claims Act Developments

In this episode, Stephen Bittinger and Nathan Huff discuss the growth of Medicare Part C (Medicare Advantage), new enforcements for Medicare Advantage Organization fraud, recent cases of False Claims Act liability, and key…more

Enforcement Actions, False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Medicare

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Out With the Old, in With the New – SEC Scraps Swing Pricing Proposal, Removes Redemption Gates, and Mandates Liquidity Fees for Money Market Funds

In a surprising change, the SEC heeded the cacophony of opposition to swing pricing, but instead threw the industry a curveball by requiring mandatory liquidity fees for institutional prime and institutional tax-exempt money…more

Financial Markets, Investment Company Act of 1940, Investors, Liquidity Fees, Money Market Funds

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Islamic Finance in Germany: Roundtable Report

On 4 June 2013, Rüdiger von Hülst and Matthias Grund of the Berlin and Frankfurt offices of international law firm K&L Gates hosted a roundtable in relation to the future role of Islamic finance in the German economy…more

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CFTC and SEC Perspectives on Cryptocurrency and Digital Assets – Volume I: A Jurisdictional Overview

I. Introduction - The rise of cryptocurrencies and digital assets in the financial markets, including the investment management industry, has given rise to a crucial question: which federal regulator - the Securities and…more

Asset Management, CFTC, Cryptocurrency, Digital Assets, Enforcement Actions

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UK and EU Sanctions Update–April 2024

The following alert provides an update on recent sanctions developments, including: The publication of the UK government’s first sanctions strategy. The announcement of over 50 new sanctions. Measures to strengthen the Oil…more

Asset Freeze, Economic Sanctions, EU, Export Controls, Exports

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COVID-19: Department of Labor Publishes Temporary Rules for the Implementation of the FFCRA

The Families First Coronavirus Response Act (“FFCRA” or “Act”) was passed by the Senate and signed into law by President Trump on March 18, 2020. The FFCRA contains multiple provisions aimed at extending temporary relief through…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave, Relief Measures

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Tax and Estate Planning Opportunities to Consider Now

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Tax Exemptions

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Miami Legal Tropics: Sexual Harassment & Holiday Parties

In this episode, K&L Gates Miami partner April Boyer and associate Yamilet Hurtado discuss a number of key issues on “How To Keep Your Holiday Party Festive While Still Complying with Employment Laws”. The “most wonderful time…more

Anti-Discrimination Policies, Anti-Harassment Policies, Dress Codes, Drunk Driving, Employer Liability Issues

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Amendments to the Qatar Commercial Companies Law

The Qatar Commercial Companies Law Number 11 of 2015 (the Companies Law) has recently been amended by Law Number 8 of 2021 (the Amending Law). The Amending Law introduces significant changes to the Companies Law, enhancing the…more

Corporate Governance, Qatar

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New Jersey Court Rules Talcum Powder Claims Not Supported by Science

Talcum powder has been widely used as a cosmetic and bath product by Americans for well over a century. In recent years, claims have been asserted that talcum powder causes certain forms of ovarian cancer. This has resulted in…more

Cancer, Johnson & Johnson, Mass Tort Litigation, Summary Judgment

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Hydraulic Fracturing in Illinois: Draft Regulations to Protect Chemical Proprietary Information

Last month, the Illinois Department of Natural Resources (“IDNR”) published its first draft of the regulations (62 Ill. Adm. Code 245) (the “HFRA Draft Regulations”) under the Illinois Hydraulic Fracturing Regulatory Act (225…more

Chemicals, Energy Sector, Environmental Policies, Fracking, Natural Gas

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Sis-Boom-Bah: U.S. Supreme Court Rules That Cheerleader Uniform Design Elements May Be Eligible for Copyright Protection

In a decision that clarifies one controversial aspect of copyright and fashion law, the U.S. Supreme Court recently ruled that certain design elements of cheerleader uniforms may be eligible for copyright protection. The Supreme…more

Cheerleaders, Copyright, Copyright Infringement, Fashion Design, SCOTUS

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CMS Proposed Rule Seeks to Provide Transparency and Efficiency in Preauthorization Process

INTRODUCTION - On 13 December 2022, the Centers for Medicare and Medicaid Services (CMS) published CMS-0057-P (the Rule),1 a proposed rule that, if adopted, will place new requirements on a number of entities, including Medicare…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare Advantage, Qualified Health Plans

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Delaware Court Finds Corporate Officers Have Duty of Oversight and Sexual Harassment Can Be a Breach of the Duty of Loyalty

Overview - On 26 January 2023, the Delaware Court of Chancery (the Court) issued an important decision for corporations and their officers, finding for the first time that corporate officers—not just directors—owe a fiduciary…more

Breach of Duty, Corporate Culture, Corporate Officers, Delaware, Duty of Loyalty

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Congressional and Enforcement Priorities Related to Higher Education Issues

Colleges, universities, and their federally funded research centers must navigate a range of evolving legal challenges associated with changing technologies, increased frequency of cyberattacks, global expansions, and more…more

Colleges, Educational Institutions, Enforcement, Free Speech, Title IX

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SEC Finalizes Expanded Proxy Voting Reporting and New Say-On-Pay Reporting Requirements

On 2 November 2022, by a vote of 3-2 (with Commissioners Hester Peirce and Mark Uyeda objecting), the Securities and Exchange Commission (SEC) adopted, substantially as proposed in September 2021, final form and rule amendments…more

Corporate Counsel, Corporate Governance, Investment Management, Proxy Voting, Proxy Voting Guidelines

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EU Disclosure Requirements for Structured Finance Instruments from 2017 Onwards

The European Commission has recently issued a supplementary regulation relating to regulatory technical standards on disclosure requirements for structured finance instruments. The disclosure requirements cover structured…more

Amended Regulation, Disclosure Requirements, EU, Structured Financial Products

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What is a "Material Change" Affecting Off The Plan Sales?

The Supreme Court of Victoria has recently decided a case that highlights a number of issues for off the plan sales and developments in Victoria. The Court addressed situations where purchasers are entitled to rescind off…more

Canada, Contract Drafting, Land Developers, Materiality, Sales Contracts

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Safe Separation: New Study Provides Objective Collision Avoidance Guidance for Unmanned Aircraft Flights

Recent government-sponsored research provides operators of small unmanned aircraft systems (sUAS) helpful guidance for legally operating in proximity to manned aircraft. The Federal Aviation Administration’s first comprehensive…more

Aviation Industry, Commercial Use, Drones, Federal Aviation Administration (FAA), Unmanned Aircraft Systems

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CFTC Asserts Jurisdiction Over DAOs in Groundbreaking Enforcement Action

On 22 September 2022, in its first-ever enforcement action against a decentralized autonomous organization (DAO), the Commodity Futures Trading Commission (CFTC) alleged that certain automated crypto transactions conducted on a…more

CFTC, Cryptocurrency, Digital Assets, Enforcement Actions

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UK Government Publishes Long-Awaited Hydrogen Strategy

The UK government, through the Department of Business, Energy and Industrial Strategy (DBEIS), published its long-awaited hydrogen strategy on 17 August 2021. The strategy, presented by DBEIS Secretary Kwasi Kwarteng, builds on…more

Clean Energy, Energy Projects, Energy Sector, Green Energy, Hydrogen Power

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In the Weeds — FDA Enforcement Priorities, Public Hearing, and Litigation Considerations for Cannabis Products

CBD, or cannabidiol, is a compound in the cannabis plant that does not cause the psychoactive or hallucinogenic effect of tetrahydrocannabinol (THC). It is being widely studied, marketed, and reported as having beneficial…more

Cannabidiol (CBD) oil, Dietary Supplements, Farm Bill, Food and Drug Administration (FDA), Marijuana

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The Committee on Foreign Investment in the United States Sharpens Its Enforcement Edge: Proposed Regulatory Revisions Expand Penalty Authority

On 15 April 2024, the Treasury Department’s Office of Investment Security published a Proposed Rule to revise the regulations governing the Committee on Foreign Investment in the United States (CFIUS or the Committee). The…more

CFIUS, Civil Monetary Penalty, Enforcement, Foreign Acquisitions, Foreign Investment

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COVID-19: Employment Policies and Factsheet for Companies in Japan

The outbreak of the novel coronavirus (“COVID-19”) continues to affect employment and business relationships in Japan. Companies are facing a number of issues in dealing with the current situation and the myriad potential…more

Coronavirus/COVID-19, Japan, Remote Working, Telecommuting, Traveling Employee

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What to do When an Inspector Comes Knocking

Visits to workplaces by work health and safety (WHS) inspectors are a necessary part of the enforcement regime of WHS regulators. They often occur in circumstances where organisations are under considerable time pressures,…more

Australia, Employer Liability Issues, Safety Inspections, Workplace Safety

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"Brexit Bites": Tax Implications for the United Kingdom

This is the twelfth in our series of "Brexit Bites" which focuses on Tax. National Tax Competence Regained? Taxation is largely a Member State competence under current EU law. However, there are a number of significant…more

Customs, EU, European Economic Area (EEA), Holding Companies, Member State

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Antitrust Agencies Release Draft Vertical Merger Guidelines

The Department of Justice Antitrust Division and the Federal Trade Commission recently released a long-awaited draft of their updated Vertical Merger Guidelines (the “Guidelines”), the first update since 1984…more

Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Mergers, Vertical Mergers

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Opportunity for Exporters to Improve the Competitive Framework in Australia

The Competition Policy Review Panel (Review Panel) has released its much anticipated Issues Paper on the 'root and branch' review of Australian competition laws and policy. It is a wide ranging review which is intended to…more

Australia, Competition

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The SEC Brings Its First Enforcement Action under the Identity Theft Red Flags Rule

On September 26, 2018, the Securities and Exchange Commission (SEC) settled claims that Voya Financial Advisors, Inc. (VFA) failed to adequately protect customer information following a six-day cyberattack in 2016…more

Cybersecurity, Enforcement Actions, Identity Theft, Identity Theft Prevention Program, Investment Adviser

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HUD Issues QM Proposal for Comment: There is a “There” There

This week, the United States Department of Housing and Urban Development (“HUD”) weighed in on its proposed version of a Federal Housing Administration (“FHA”) Qualified Mortgage (“QM”). Although the Consumer Financial…more

Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Fair Housing Act (FHA), Housing Market, HUD

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UAE Launches New Financial Free Zone in Abu Dhabi

The federal government of the United Arab Emirates (“UAE”) has issued legislation establishing a new financial free zone in Abu Dhabi. The name of the new free zone, “Global Marketplace Abu Dhabi” (“GMAD”), serves as a statement…more

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Looking Forward: The FCA Enforcement Trends Firms Can Expect in 2022 Part 1

As the Financial Conduct Authority (FCA) attempted to mitigate the effect of COVID-19 on consumers and the market, enforcement investigations and action slowed. …more

Coronavirus/COVID-19, Enforcement, Enforcement Priorities, Financial Conduct Authority (FCA), Financial Crimes

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Federal Circuit Confirms Cuozzo Does Not Disturb § 314(d) Bar on Appellate Review of PTAB Reconsideration of IPR Institutions

The Federal Circuit’s recent decision in Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., addressed the effect of the Supreme Court’s decision in Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131 (2016), on the issue of…more

Cuozzo Speed Technologies v Lee, Inter Partes Review (IPR) Proceeding, Medtronic, Patent Litigation, Patent Trial and Appeal Board

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Goodridge & Anor v Baker [2023] VSC 331

This is a Limitations of Actions Act 1958 (Vic) (LAA) ruling that was handed down on 16 June 2023 in the context of a medical negligence claim. Adam and Michelle Goodridge brought an application for an extension of time in…more

Australia, Claim Limitations, Discovery, Dispute Resolution, Health Care Providers

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Legality of Industrial Hemp Products Back in Limbo in the Carolinas

Industrial hemp appears poised to become a significant agricultural commodity in the United States in coming years. In addition to Washington and South Carolina, states such as North Carolina have started changing – and in many…more

Agricultural Sector, Hemp, Marijuana Cultivation, State and Local Government

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Act on Financial Support for Audiovisual Production Published in the Journal of Laws

An act on financial support for audiovisual production was published in the Journal of Laws on 10 January 2019, which marks the final stage of the legislative process. The Polish Film Institute (PISF) will soon provide financial…more

Film Industry, Media, Poland

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Energy Storage Handbook Vol. 2

Designed as a basic primer on what energy storage is, how it is regulated and what sorts of issues are encountered when such projects are financed and developed, the Handbook is intended to highlight the most common regulatory…more

Electricity, Energy Efficiency, Energy Market, Energy Sector, Energy Storage

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The Right Fit - January 2015

Retailers, hoteliers and franchisors will welcome a recent decision of the Court of Justice of the European Union (ECJ) which confirmed that it is possible to register the design of the fit-out of a retail store as a trade mark,…more

EU, European Court of Justice (ECJ), Franchises, Hotels, Retailers

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NFA Requires Delegated CPOs to Identify Themselves

The National Futures Association (“NFA”) issued a Notice to Members on April 8, 2015 that requires “Delegated CPOs” to identify themselves as such when filing a commodity pool’s annual financial statement. Registered commodity…more

CFTC, CPOs, Financial Statements, Futures Commission Merchants (FCMs), National Futures Association

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Travel Sentry: Another Divided Infringement Case With a Lot of Baggage

The litigation between Travel Sentry and David Tropp received its third Federal Circuit opinion on December 19, 2017. The opinion sheds further light on the Akamai decisions and reinforces the importance of context in properly…more

Akamai Technologies, Divided Infringement, Limelight v Akamai, Patent Infringement, Patent Litigation

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SEC and CFTC Adopt Amendments to Form PF for Increased Disclosure

Brief Overview - On 8 February 2024, the US Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly adopted amendments to Form PF (the Amendments), the confidential reporting form for…more

Asset Management, CFTC, Compliance, Digital Assets, Disclosure Requirements

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White Paper: CMS Finalizes Updates to the Stark Law to Reduce Regulatory Burdens and Provide Flexibility to Providers

On 2 December 2020, the Centers for Medicare & Medicaid Services (CMS) published a Notice of Final Rulemaking in the Federal Register (Final Rule), modifying the regulations implementing the federal physician self-referral law…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Donations, Health Care Providers

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PFAS Regulation Continues to Take Center Stage: EPA Releases Final Drinking Water Standards

On Wednesday, 10 April 2024, the US Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulations (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This came one day after…more

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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The Energizer – Volume 79

California Utilities to Launch Hydrogen Blending Demonstration Project - On 23 November 2020, Southern California Gas Co. (SoCalGas) and San Diego Gas and Electric (SDG&E) announced the creation of the Hydrogen Blending…more

Electricity, Energy Projects, Energy Sector, Energy Storage, Greenhouse Gas Emissions

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The Committee on Foreign Investment in the United States Sharpens Its Enforcement Edge: Proposed Regulatory Revisions Expand Penalty Authority

On 15 April 2024, the Treasury Department’s Office of Investment Security published a Proposed Rule to revise the regulations governing the Committee on Foreign Investment in the United States (CFIUS or the Committee). The…more

CFIUS, Civil Monetary Penalty, Enforcement, Foreign Acquisitions, Foreign Investment

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COVID-19: Evaluating the Need for In-Person Fund Board Meetings and Other Considerations for U.S. Asset Managers

The pandemic coronavirus (COVID-19) has significantly disrupted certain industries and markets, and captured the attention of market participants. This client alert reviews the March 4, 2020 SEC guidance issued in response to…more

Asset Management, Board of Directors, Coronavirus/COVID-19, Health and Safety, Infectious Diseases

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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SEC Adopts New Rule 12d1-4 Overhauling Fund of Funds Arrangements--Are You Ready?

I. EXECUTIVE SUMMARY - On 7 October 2020, the Securities and Exchange Commission (the SEC) adopted new rule 12d1-4 (Rule 12d1-4) and related amendments under the Investment Company Act of 1940 (the 1940 Act) that it believes…more

ETFs, ETMFs, Investment Adviser, Investment Companies, Investment Company Act of 1940

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NASDAQ Proposes New Board Diversity Listing Rules

On 1 December 2020, The Nasdaq Stock Market (Nasdaq) filed a proposal with the Securities and Exchange Commission (SEC) to adopt listing rules related to director diversity and disclosure. The proposed rules would not mandate…more

Board of Directors, Capital Markets, Disclosure Requirements, Diversity, Nasdaq

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Supreme Court of Florida Amends Rule 1.280 to Add Apex Doctrine to Corporate Officials

On 26 August 2021, the Supreme Court of Florida (the Court), on its own motion, issued an opinion amending Florida Rule of Civil Procedure 1.280 (the Opinion). The amendment officially codifies the common-law “Apex Doctrine” and…more

Apex Doctrine, FL Supreme Court, Florida, Litigation Strategies

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The Sixth Circuit Holds That an Arbitration Clause in an Expired Contract Still Applies

Does the duty to arbitrate survive the expiration of a contract? The United States Court of Appeals, Sixth Circuit recently held “yes.” The Sixth Circuit became the first federal appeals court to examine whether a contract’s…more

Arbitration, Contract Term, Employer Liability Issues, Employment Contract, Mandatory Arbitration Clauses

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The False Claims Act and Health Care: 2020 Recoveries and 2021 Outlook

False Claims Act (FCA) civil fraud recoveries in Fiscal Year (FY) 2020 dropped over US$850 million when compared to those in FY 2019. While the more than US$2.2 billion in recoveries in FY 2020 continued a general downward trend…more

Enforcement Actions, False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Investigations

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Planned RET Amendments in Poland

On 28 June 2017, an official bill amending the Renewable Energy Sources Act and certain other acts (including the Act on Wind Farm Investments), was published on the website of the Government Centre for Legislation. One of the…more

Energy Sector, Poland, Property Tax, Renewable Energy, Wind Farm

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FDA Refuses Judges’ Request for Clarification Regarding “All Natural” Foods

On January 6, 2014, the U.S. Food and Drug Administration (FDA) refused the request of three federal judges to clarify whether food with bioengineered ingredients may be labeled “Natural,” “All Natural” or “100%…more

Food and Drug Administration (FDA), Food Labeling, GMO

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Bad Actors

On July 10, 2013, the Securities and Exchange Commission (“SEC”) adopted amendments to Rule 506 of Regulation D (“Reg D”) that, among other things, prohibit issuers of securities from relying on Reg D if “bad actors” are…more

Bad Actors, Blue Sky Laws, Disclosure Requirements, Disqualification, Private Placements

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Delaware Supreme Court Shines a (Blurry) Spotlight on Director Compensation Decisions: In re Investors Bancorp, Inc. Stockholder Litigation

Delaware court decisions in recent years have led a number of companies to adopt stockholder-approved director compensation limits in order to benefit from the stockholder ratification defense, which can prove useful if director…more

Director Compensation, Directors, Ratification, Shareholder Litigation, Shareholders

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Threading the Needle: The US Securities and Exchange Commission's Final Climate-Related Disclosure Rules

On 6 March 2023, by a 3-2 vote of the Commissioners split along party lines, the US Securities and Exchange Commission (SEC) adopted “The Enhancement and Standardization of Climate-Related Disclosures for Investors” final…more

Capital Markets, Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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COVID-19: Leases (Commercial and Retail) COVID-19 Emergency Response Declaration 2020 - ACT

*This information is accurate as of 4:00pm on 20 May 2020 and is subject to change as this situation evolves. On 7 April 2020, the National Cabinet issued a Mandatory Code of Conduct (the Code), which imposes a set of good…more

Australia, Coronavirus/COVID-19, Landlords, Leases, Tenants

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Breaking News – Full Federal Court Confirms Patentability of Isolated Genes

A five-judge bench of the Full Court of the Federal Court of Australia (Full Court) has today unanimously decided that Myriad Genetics Inc's (Myriad) patent covering the isolated BRCA1 gene (Patent) is patentable subject matter…more

Australia, BRCA, DNA, Genetic Materials, Myriad

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Arbitration World

From the Editors - Welcome to the 23rd edition of Arbitration World, a publication from K&L Gates' International Arbitration Group that highlights significant developments and issues in international and domestic arbitration…more

Arbitration

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COVID-19: North Carolina Businesses Now Shielded from COVID-19-based Claims

New bipartisan legislation provides liability protections for North Carolina businesses that develop COVID-19 mitigation plans. Both houses of the General Assembly passed House Bill 118 (now Session Law 2020-89) by an…more

Coronavirus/COVID-19, Governor Cooper, Liability, Risk Mitigation

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US Asset Management Regulatory Year in Review 2023

It is a dramatic understatement to describe 2023 as a busy year in the United States for asset management regulation. With 24 rules adopted and 18 new rules or rule amendments proposed, the US Securities and Exchange Commission…more

Asset Management, Beneficial Owner, Capital Markets, Compliance, Digital Assets

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50,000 Reasons for Employees to Think Twice Before Taking Their Employer's Copyright Works and Confidential Information

An ex-employee was recently ordered to pay his former employer AUD50,000 in damages after the Federal Court (Court) held that the employee had infringed copyright and breached his employment agreement and duty of confidentiality…more

Breach of Contract, Confidential Information, Copyright, Copyright Infringement, Electronically Stored Information

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Formerly named “Competition Commission of Singapore” Takes on a New Name in Light of Expanded Consumer Protection Role

Last month, the Singapore Parliament passed a bill expanding the Competition Commission of Singapore’s regulatory powers. In addition to administering and enforcing Singapore’s Competition Act, the regulatory body will now…more

Competition, Manufacturers, Resale Pricing, Singapore

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FINRA Requests Comment on Proposed Amendments to Rules Governing Communications with the Public

Introduction - On February 10, 2017, the Financial Industry Regulatory Authority, Inc. (“FINRA”) requested comments on proposed amendments to Rule 2210 (Communications with the Public) to allow performance projections in…more

Comment Period, Financial Industry Regulatory Authority (FINRA), Investment Advisers Act of 1940, Proposed Amendments

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It's a Gas! Federal and State Developments Continue to Light Up the Natural Gas Debate

In April 2023, we reported on the US Court of Appeals for the Ninth Circuit’s decision in California Restaurant Association (CRA) v. City of Berkeley striking down a Berkeley ordinance that prohibited natural gas piping in new…more

Building Codes, California, Department of Energy (DOE), Energy Policy, Energy Policy and Conservation Act (EPCA)

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The Rule of Law Matters in US-Australian Relations

For the past decade, the United States has topped the “league tables” in foreign direct investment in Australia. The enormous investment flow has spanned multiple industry sectors and geographic locations. As a global law firm…more

Australia

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March 2024 ESG Policy Update—Australia

Australian Update - Australian Securities and Investments Commission Continues Greenwashing Enforcement Efforts - On 28 February 2024, the Australian Securities and Investments Commission (ASIC) reported that an outsourced…more

ASIC, Australia, Climate Change, Corporate Governance, Corporate Social Responsibility

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New Jersey Legislature Amends Statute of Limitations for Defect Claims Brought by Condominium and Homeowners' Associations

Common interest communities in New Jersey likely have more time to assert construction and design defect claims under the New Jersey Legislature’s 2022 amendment to N.J.S.A. 2A:14-1. Condominium associations, cooperative…more

Condominium Associations, Construction Industry, Design Defects, Design Professionals, Homeowners Association (HOA)

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Government Announces Australia to Have a Mandatory and Suspensory Merger Control Regime

In a move that has long been advocated for by the Australian Competition and Consumer Commission (ACCC), the Australian government has announced sweeping reforms to Australia's competition law merger control regime…more

Acquisitions, Australia, Australian Competition and Consumer Commission (ACCC), Competition, Merger Controls

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Working Wise: Silenced No More: A Survey Across Three States

Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit…more

Confidentiality Agreements, Employer Liability Issues, Employment Discrimination, Non-Disclosure Agreement, Retaliation

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Tendering? Be Ready to Identify, Assess, and Address Your Modern Slavery Risks

The Australian Government has uploaded two new resources to its Modern Slavery Register: A model clause for use in tenders (Model Tender Clauses); and An educational video on modern slavery for the cleaning industry…more

Australia, Compliance, Modern Slavery Act, Supply Chain

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Lay of the Land: Successful Real Estate Projects: Creating a Community at The Wharf in Southwest Washington, D.C.

In this episode, hosts Alex Kaplan and Heather Horowitz speak with guest Andrew Son, President of District Wharf Properties. The Wharf is one of the largest and most successful real estate projects developed in Washington, D.C.,…more

Community Development, Construction Project, Housing Developers, Housing Market, Real Estate Development

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USPTO Proposes Rulemaking to Implement Provisions of the Trademark Modernization Act of 2020

On 18 May 2021, the U.S. Patent and Trademark Office (USPTO) published a notice of proposed rulemaking concerning the Trademark Modernization Act of 2020 (TMA). The USPTO proposed to amend the rules to implement certain…more

Corporate Counsel, Trademark Modernization Act (TMA), Trademark Trial and Appeal Board, Trademarks, USPTO

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FERC Issues 2021 Enforcement Report

On 18 November 2021, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2021 Annual Report on Enforcement (FY2021 Report). The FY2021 Report provides an overview of…more

Energy Sector, Enforcement Actions, FERC, Investigations, Market Manipulation

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DOE Directs FERC to Issue Grid Resiliency Rules Providing Cost Recovery for Traditional Baseload Generation

On September 28, 2017, using the Secretary of Energy’s authority under Section 403 of the Department of Energy Organization Act, the Department of Energy (“DOE”) proposed a rule for final action by the Federal Energy Regulatory…more

Department of Energy (DOE), FERC, ISOs, Power Grid, RTO

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The Hydrogen Handbook - European Union

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Clean Energy, Electricity, Energy Sector, EU, Green Deal

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The Essentials - California Employment Law Update

The October 2022 edition of the Essentials marks the end of California’s legislative session. As a helpful summary, we have outlined key provisions of many of the new California employment laws for 2023: MOST SIGNIFICANT,…more

Bereavement Leave, Employees, Employer Responsibilities, Minimum Wage, Paid Leave

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Regulation AB II: Second Time’s the Charm?

On August 27, 2014, following years of preparation, speculation and comment, the Securities and Exchange Commission (SEC) adopted Regulation AB II (Reg AB II). Reg AB II represents a response to requirements of Sections 939A and…more

Asset-Backed Securities, Disclosure Requirements, Dodd-Frank, Initial Public Offering (IPO), Mortgage-Backed Securities

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Enforcing Notice Provisions in Construction Contracts in the United States

Notice provisions are a key part of construction contracts. These provisions typically require a contractor to notify the owner of the project (or an owner-designated representative) when the contractor believes that it is…more

Construction Contracts, Construction Industry, Contract Drafting, Contractors, General Contractors

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TALF 2.0 FAQs Round Two: Questions Answered

On May 12, 2020, the Federal Reserve Bank of New York (the “Fed”) released its initial draft of frequently asked questions (the “Initial FAQs”) relating to the Term Asset-Backed Securities Loan Facility program (“TALF 2.0”)…more

Term Asset-Backed Securities Loan Facility (TALF)

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Federal Circuit Holds Prosecution Laches Defense is Available to PTO in a 35 U.S.C. § 145 Action

On Tuesday, 1 June 2021, the Federal Circuit issued a rare decision holding that the Patent and Trademark Office (the PTO) may assert prosecution laches as an affirmative defense in a civil action brought by a patentee to obtain…more

Board of Patent Appeals, GATT, Patent Applications, Patent Litigation, Patents

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Chancery Court Honors Shareholder Representative Provision Holding Selling Stockholders Are Not Real Parties-In-Interest

In Fortis Advisors LLC, v. Allergan W.C. Holding Inc., C.A. No. 2019-0159-NTZ (Del. Ch. May 14, 2020), a shareholder representative appointed pursuant to a merger agreement asserted a claim on behalf of selling stockholders for…more

Allergan Inc, Corporate Sales Transactions, Discovery, Merger Agreements, Shareholder Rights

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New General Air Permits Target Methane Emission Reductions in Pennsylvania

On June 7, 2018, Pennsylvania Governor Tom Wolf and the Pennsylvania Department of Environmental Protection (the “Department”) announced the issuance of new general permits that fall in line with Pennsylvania’s commitment to…more

Air Pollution, Department of Environmental Protection, Energy Sector, Methane, Oil & Gas

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Data Security in Japan: New Cross-Border Data Transfer Rule

Does your business outside of Japan receive any personal information from Japan, perhaps from your affiliates, business partners, or customers based in Japan? Does your business in Japan transfer any personal information…more

Cross-Border, Data Protection, Data Security, International Data Transfers, Japan

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Litigation Minute: Class-Action Challenges to Natural and Clean Beauty Product Claims (Beauty and Wellness Series: Part Two of Three)

What You Need To Know In A Minute Or Less - A recent rise in class-action complaints against beauty industry leaders, targeting the use of “clean” or “natural” descriptions in cosmetics, further highlights the tightrope brands…more

Advertising, Class Action, Cosmetics, Personal Care Products, Product Labels

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Brussels Regulatory Brief: March 2024

Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8 billion…more

Anti-Competitive, Antitrust Provisions, Apple, Artificial Intelligence, Competition

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Real Estate Developers Grapple with CEQA’S Vehicle Miles Traveled Metric for Measuring Transportation Impacts

The metric by which transportation impacts are analyzed under the California Environmental Quality Act (“CEQA”) has changed, and real estate developers are quickly realizing that it is affecting the economic bottom line of their…more

CEQA, Mitigation, Real Estate Development, Transportation Industry

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The Revised Manual for Federal Prosecutors

A Pragmatic Approach to Being Tough on Crime – Including White Collar Crime - The U.S. Department of Justice (“DOJ”) recently released a comprehensive update and review of the United States Attorneys’ Manual, now called the…more

Attorney General, Department of Justice (DOJ), Federal Prosecutors, Trump Administration

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FTC Announces New HSR Notification Thresholds and Filing Fees for 2024

On 22 January 2024, the Federal Trade Commission (FTC) announced new, increased thresholds and filing fees for transactions requiring premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as…more

Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications, Size of Persons Test

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Preparing for a Washington State Department of Revenue Audit

The Washington State Department of Revenue (“DOR”) is the enforcement agency for the state sales, business and occupation (“B&O”), and other excise taxes. The DOR conducts routine excise tax audits through its Audit Division,…more

Audits, Corporate Taxes, Department of Revenue, Tax Returns

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Will Group Costs Orders "Anchor" Class Actions in Victoria?

INTRODUCTION - The Victorian Supreme Court is fast becoming the jurisdiction of choice for class actions. This is because on 1 July 2020 the Victorian Supreme Court was given power to make orders permitting a law firm to be…more

Australia, Class Action, Dispute Resolution

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Timber Briefing: Updated Washington Heat Exposure and Wildfire Smoke Rules May Require Operational Changes for Summer Forestry Activities

Employers in the timber industry should take note of two new safety rules that take effect on 15 June 2022. These rules, which are intended to protect workers from heat-related illnesses and wildfire smoke, are mandatory for…more

Employees, Employer Responsibilities, Forestry, Heat Exposure, Risk Management

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Banks Take Notice: FDIC Continues Regulatory Scrutiny of Fees Charged to Consumers

New guidance from the Federal Deposit Insurance Corporation (FDIC), released on 18 August 2022, regarding multiple re-presentment nonsufficient funds (NSF) fees, suggests that banks eliminate the fees altogether and continues…more

Banking Sector, FDIC, Fees, Financial Institutions, Financial Services Industry

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Arbitration World

From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment of…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Bilateral Investment Treaties

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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When Medical Opinions Collide

Determining whether an employee is fit to return to work is a common challenge faced by employers. Employers are required to rely on the opinions of medical professionals in determining whether an employee can perform the…more

Employer Liability Issues, Hiring & Firing, Medical Examinations, Termination

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When "One and the Same" Means "One and the Same" for Western Australian Long Service Leave

Over the last 40 years the Australian workforce has gradually become more and more mobile. Whilst employees may remain with the same group of employers, it is not unusual for employees to move between group companies and related…more

Australia, Employer Liability Issues, Employment Contract

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Chancery Court Finds That Allegations Related To Post-Separation Use Of Confidential Information Learned Pre-Separation Warrant Advancement

In Ephrat v. medCPU, Inc., C.A. No. 2018-0852-MTZ (Del. Ch. June 26, 2019), the Court of Chancery found that conduct occurring after Eyal Ephrat and Sonia Ben-Yehuda (together, “Petitioners”) left their positions warrants…more

Advancement, Breach of Contract, Counterclaims, Indemnification

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Biden Administration Seeks to Establish New US$6.5 Billion Health Research Agency to Target Key Disease Areas

On 9 April 2021, during a weekly economic briefing, President Biden announced his administration’s intent to establish and fund a new regulatory agency, named the Advanced Research Projects Agency for Health (ARPA-H), which will…more

Biden Administration, Medical Research, National Institute of Health (NIH), Research and Development

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COVID-19: Implications on M&A Transactions

As the spread of COVID-19 continues to accelerate throughout the world and the financial markets experience increasing amounts of turmoil, companies engaged in mergers and acquisitions are grappling with increased risk and…more

Acquisition Agreements, Acquisitions, Closing Documents, Coronavirus/COVID-19, Due Diligence

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COVID-19: U.S. Oil and Gas Upstream Supply Chain Disruptions and Force Majeure

The COVID-19 global pandemic and the decline of oil and gas prices have added stress and economic uncertainty to a strained oil and gas industry…more

Contract Terms, Coronavirus/COVID-19, Energy Sector, Force Majeure Clause, Oil & Gas

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What is 'Ordinary and Customary Turnover' When it Comes to Employees?

Picture this: A cleaning business successfully obtains a contract to provide cleaning services to a large CBD building. At the end of the term of the contract, the property management company advises that it will not be renewing…more

Employment Contract, Hiring & Firing, Redundancy Payments

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Not Your Average Lessor: The False Claims Act and Treble Damages in Royalty Disputes With the Federal Government

INTRODUCTION - On May 1, 2019, the U.S. Department of Justice (“DOJ”) and the U.S. Attorney’s Office (“USAO”) for the Northern District of Texas announced a $4.375 million civil settlement with a natural gas marketer and three…more

Department of Justice (DOJ), Department of the Interior, False Claims Act (FCA), Gas Royalties, Oil & Gas

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How Secure is Your Pennsylvania Real Property Tax Exemption?

In late January, County Executive Richard Fitzgerald announced that thousands of tax-exempt properties in the county will have their exemptions reviewed in 2013. According to Fitzgerald, each owner of tax-exempt property within…more

Property Tax, Tax Exemptions

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RCEP: Boosting Value Chains and Facilitating Trade Flows

This is the second alert in a four-part series on the Regional Comprehensive Economic Partnership (RCEP). The RCEP is the world’s largest free trade agreement (FTA) involving ASEAN (the Association of Southeast Asian Nations,…more

Asia Pacific, Association of Southeast Asian Nations (ASEAN), E-Commerce, Exports, Foreign Investment

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FCA Comments on the Extraterritorial Effect of MiFID II

In a letter to the Alternative Investment Management Association (AIMA) made available to AIMA members on Monday, August 7, the Financial Conduct Authority (FCA) responded to a request from AIMA seeking interpretation and…more

Alternative Investment Markets (AIM), Financial Conduct Authority (FCA), MiFID II, UK

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SEC Expands "Dealer" Definition to Capture Liquidity Providers

Introduction - On 6 February 2024, the US Securities and Exchange Commission (SEC) voted 3-2 to adopt two new rules that significantly expand the definitions of a “dealer” and “government securities dealer” in Sections 3(a)(5)…more

Asset Management, Broker-Dealer, Compliance, Cryptoassets, Digital Assets

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Australian Government Seeks Feedback on Energy Emissions Technology Investment Roadmap Discussion Paper

What Has Happened? The Australian Government is seeking feedback on its Technology Investment Roadmap Discussion Paper (Technology Discussion Paper) which aims to provide a strategic and system-wide focus for future investments…more

Australia

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Trademarks and Unfair Competition

It is my pleasure to present the second issue of our bulletin this year, which contains interesting and important information on trademarks, unfair competition and, in this issue, personal data. There have been big changes in…more

EU, European Union Intellectual Property Office (EUIPO), Trademark Infringement, Trademark Registration, Trademarks

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Raging Bull and Copyright Trolls: The Supreme Court “Knocks Out” The Laches Defense in Copyright Fights

The 1980 movie classic Raging Bull tells the story of the hard-charging boxer Jake LaMotta, the prizefighter from the Bronx who pulverized opponents and eliminated their defenses in the ring. Just days ago in the biggest ring of…more

Affirmative Defenses, Copyright, Copyright Infringement, Laches, MGM

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FERC Announces Conferences on Carbon Pricing and Offshore Wind in RTOs/ISOs

On June 18, 2020, the Federal Energy Regulatory Commission (“FERC”) announced that it will hold two separate technical conferences later this year…more

Carbon Pricing, Electricity, Energy Market, FERC

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Public Consultation for the Proposed Advisory Guidelines on Use of Personal Data in AI Recommendation and Decision Systems

On 18 July 2023, Singapore’s data protection authority published proposed guidelines on the use of personal data in artificial intelligence (AI) systems (Proposed Guidelines). The Proposed Guidelines will be up for public…more

Artificial Intelligence, Data Protection, Data Protection Authority, Machine Learning, Singapore

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SEC Enforcement Targets Anti-Whistleblower Practices in Financial Firm's Release Agreements With Retail Clients

As the year gets underway, the Securities and Exchange Commission (SEC or Commission) is continuing its ongoing enforcement efforts to target anti-whistleblower practices by pursuing a broader range of entities and substantive…more

Cease and Desist, Civil Monetary Penalty, Compliance, Confidentiality Agreements, Enforcement Actions

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Consumer Rights and Public Policy Prevent Recognition of Crypto US Arbitration Award in England

If an online business thinks it is insulated from court proceedings by an arbitration clause in standard terms, the English Commercial Court decision in Payward Inc. v Chechetkin will give pause for thought, particularly where…more

Arbitration Awards, Commercial Court, Cryptoassets, Cryptocurrency, Dispute Resolution

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The European Banking Authority Shadow Banking Guidelines: Unintended Consequences

This article considers the recent European Banking Authority Shadow Banking Guidelines (the “Guidelines”), seeks a definition of shadow banking and discusses some of the potential consequences of the Guidelines for traditional…more

Banking Sector, EU, European Banking Authority (EBA), Financial Institutions, Regulatory Oversight

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A Novel Duty of Care? Recent Developments in Australian and International Climate Change Law

In the past month, a number of landmark developments have occurred in climate change law in Australia and overseas, which have the potential to materially impact emissions intensive corporations and projects. These reflect the…more

Australia, Carbon Emissions, Climate Change, Duty of Care

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Pennsylvania Supreme Court Opens a New Chapter in the State’s Strict Product Liability Law with its Decision in Tincher V. Omega Flex, Inc.

In Tincher v. Omega Flex, Inc., No. 17 MAP 2013 (Pa. Nov. 19, 2014), the Pennsylvania Supreme Court opened a new chapter in the state’s strict product liability law by overruling Azzarello v. Black Brothers Company, 391 A.2d…more

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IMO Industries Tackles New Jersey Law on Host of Insurance Coverage Issues

On September 30, 2014, New Jersey’s Appellate Division ruled on a bevy of insurance coverage issues in the long-tail liability context, including exhaustion of primary policies, application of policy limits to multi-year and…more

Duty to Defend, Insurance Industry, Long-Tail Claims, Policy Limits

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Costly Thy Habit As Thy Purse Can Buy: Implications of the Proposed HVADC Rules for Borrowers and Lenders of Acquisition, Development and Construction Loans

On September 27, 2017, the Office of Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (the “Agencies”) released a joint Notice of Proposed…more

Acquisitions, Borrowers, HVCRE Loans, HVCRE Rule, Lenders

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Russia-Ukraine Sanctions in Australia

In the response to the ongoing war in Ukraine, the Australian Government announced yesterday further economic sanctions against Russia, with Australia to impose a 35 percent tariff on all imports from Russia and Belarus…more

Australia, Economic Sanctions, Export Controls, Military Conflict, Most-Favored Nations

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Change in the Line of Jurisprudence on Judicial Valorization of Construction Contracts in Poland

In recent months, a number of judgments have been passed that change the previous line of case law and which grant contractors the opportunity to demand a judicial remuneration adjustment in the event of an extraordinary change…more

Construction Contracts, Construction Industry, Contractors, Poland, Remuneration

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Strengthening National Security in Investments: Exploring the Implications of the Significant Investments Review Bill

On 9 January 2024, the Parliament of Singapore passed the Significant Investments Review Bill (SIRB). The SIRB aims to enhance national security by introducing measures to screen investments, both local and foreign, in entities…more

Business Entities, Foreign Investment, Foreign Ownership, Investment, National Security

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International Arbitration and the Singapore International Arbitration Centre

International arbitration is widely accepted as a preferred method of resolving cross-border commercial disputes, whether on a stand-alone basis or in conjunction with other alternative dispute resolution methods, including…more

Arbitration, Arbitration Awards, Dispute Resolution, International Arbitration, SIAC

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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SASH (Sexual Assault and Sexual Harassment) Reporting in the Maritime Industry Key Issues for All US Flag Commercial Vessel Owners and Operators

When Congress enacted the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, it included several provisions requiring owners and operators of US flag commercial vessels to report complaints and incidents of…more

Coast Guard, Maritime Transport, Reporting Requirements, Sexual Assault, Sexual Harassment

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Fraud May Not Always Unravel All–What Does the Contract Say?

Introduction - In the recent case of Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC), the English High Court has determined that a limitation of liability clause in a…more

Breach of Contract, Contract Terms, Fraud, Limitation of Liability Clause, Misrepresentation

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Update – the RSRT's 2016 Order

Delayed start? Yesterday, the Full Bench of the Road Safety Remuneration Tribunal (RSRT) heard from various applicants who had applied for variations to and a stay of the Contractor Driver Minimum Payments and Road Safety…more

Australia, Commercial Truck Drivers, Delivery Drivers, Employee Definition, Employer Liability Issues

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Design Life Warranties and Fitness for Purpose in Construction Contracts: the Position in Australia and England

Originally published in Australian Construction Law Bulletin Volume 27 No 8 to 9 from page 126. 1. Introduction - Although Australian construction contracts quite commonly provide for design life warranties in respect…more

Australia, Construction Contracts, Construction Industry, Contractors

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Oracle Special Litigation Committee Defeats Motion to Compel Production of Protected Work Product

In In re Oracle Corporation Derivative Litigation, Consolidated C.A. No. 2017-0337-SG (Del. Ch. July 9, 2020), the Delaware Court of Chancery (the “Court”) determined that a special litigation committee (the “SLC”) of the board…more

Breach of Duty, Derivative Suit, Fiduciary Duty, Motion to Compel, Subpoenas

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Supreme Court’s Denial of Cert Preserves Safe Harbor for Madoff Victims

Yesterday, the Supreme Court denied two petitions for certiorari filed by Irving H. Picard—the Trustee for the estate of Bernard L. Madoff Investment Securities (“Madoff Securities”)—and the Securities Investor Protection…more

Bankruptcy Code, Bernie Madoff, Liquidation, Petition for Writ of Certiorari, Popular

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FinCEN Adopts New Customer Due Diligence Requirements for Financial Institutions

The Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) has adopted new anti-money laundering (“AML”) regulations that impose additional customer due diligence requirements on certain financial institutions…more

Anti-Money Laundering, Bank Secrecy Act, Banks, Beneficial Owner, Broker-Dealer

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SEC Issues Long-Awaited Climate Risk Disclosure Rule

Introduction - On Wednesday, 6 March 2024, the Securities and Exchange Commission (SEC) approved its highly anticipated final rules on “The Enhancement and Standardization of Climate-Related Disclosures for Investors” by a vote…more

Asset Management, Board of Directors, Climate Change, Corporate Governance, Disclosure Requirements

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COVID-19: Delaware's 2020 Amendments to its General Corporation Law Respond to COVID-19 and More

On 16 July 2020, the General Corporation Law of the State of Delaware (the DGCL) was amended (the 2020 Amendments) to assist Delaware corporations in responding to challenges arising from the novel coronavirus (COVID-19)…more

Board Meetings, Board of Directors, Coronavirus/COVID-19, Delaware General Corporation Law, Dividends

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COVID-19: Bill to Enable Virtual Shareholder Meetings in Germany

Restrictions on public gatherings currently prevent German public companies from holding their shareholder meetings. On 23 March, the German government published a draft bill amending German corporate law governing shareholder…more

Coronavirus/COVID-19, Germany, Remote Working, Shareholder Meetings, Shareholders

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The SEC Limits the Internet Adviser Exemption

Brief Overview - On 27 March 2024, the US Securities and Exchange Commission (SEC) adopted amendments (the Amendments) to Rule 203A-2(e) under the Investment Advisers Act of 1940 (Advisers Act). Rule 203A-2(e) is commonly known…more

Asset Management, Compliance, Form ADV, Internet, Investment

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Update: Dubai International Financial Centre (“DIFC”) Based Entities Allowed to Own Properties Registered with the Dubai Land Department (“DLD”)

The DLD and the Dubai International Financial Centre Authority (“DIFCA”) entered into a Memorandum of Understanding (“MoU”) on 4 May 2017 which allows DIFC entities to purchase property and register real estate title with the…more

DIFC, Dubai, Investors, Memorandum of Understanding, REIT

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Opportunity Zone Proposed Regulations Provide the Certainty Anxious Investors, Developers, and Entrepreneurs Have Been Seeking

Long-awaited guidance expected to trigger a surge of green-lighted projects as investors race to meet holding periods, creating competition for investment dollars and desirable OZ developments and businesses - The Department…more

Capital Gains, Economic Development, Housing Developers, Low-Income Issues, Opportunity Zones

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Last Call for 2017 Allegheny County Tax Assessment Appeals

The property tax appeal deadline for Allegheny County is quickly approaching. All appeals must be filed on or before March 31, 2017. Under the right circumstances, a property tax assessment appeal can save your business…more

Fair Market Value, Property Owners, Property Tax, Reassessments, Tax Appeals

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Positive Effects of Compliance Programs Under the New Guidelines for Fines by the FCO

In October, the German Federal Cartel Office (Bundeskartellamt, "FCO”) published new guidelines on its leniency program and on the setting of fines in cartel proceedings. The guidelines substantiate the changes in the law…more

Antitrust Provisions, Cartels, Competition, EU, Federal Cartel Office (the FCO)

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Litigation Minute: Litigation Holds in the Investment Management Industry

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Given the complexity of the transactions and arrangements involved, entities operating in the investment management industry face significant and unique obligations and risks,…more

Asset Management, Complex Litigation, Financial Services Industry, Investment Management

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The Hydrogen Handbook - United States

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

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FTC Announces New HSR Notification Thresholds and Filing Fees for 2024

On 22 January 2024, the Federal Trade Commission (FTC) announced new, increased thresholds and filing fees for transactions requiring premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as…more

Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications, Size of Persons Test

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COVID-19 Vaccination Sweepstakes: Best Practices for Employee Incentives

In the current pandemic environment, employers are searching for increasingly creative ways to incentivize COVID-19 vaccination among their employees. “Vaccine sweepstakes,” by which employers offer cash or other prizes (often…more

Americans with Disabilities Act (ADA), Best Practices, Coronavirus/COVID-19, Employees, Equal Employment Opportunity Commission (EEOC)

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When Transparency Becomes Opaque: District Court Finds Corporate Transparency Act Unconstitutional

Executive Summary - On 1 March 2024, the US District Court for the Northern District of Alabama issued an opinion holding the Corporate Transparency Act (CTA) unconstitutional…more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, National Security

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Competition Law "Leaves its Studs in" on UEFA and FIFA

Introduction - The Court of Justice of the European Union (CJEU) has issued two major decisions in separate cases concerning sporting organisations’ ability to regulate their: (i) competitions; and (ii) members’ activities which…more

Competition, Court of Justice of the European Union (CJEU), EU, European Commission, Fédération Internationale de Football Association (FIFA)

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The SEC’s Office of Compliance Inspections and Examinations and FINRA Announce 2018 Examination and Regulatory Priorities

On January 8 and February 7, 2018, respectively, the Financial Industry Regulatory Authority (“FINRA”) and the Office of Compliance Inspections and Examinations (“OCIE”) of the U.S. Securities and Exchange Commission (“SEC”)…more

Anti-Money Laundering, Cryptocurrency, Cybersecurity, ETFs, Financial Industry Regulatory Authority (FINRA)

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Health Care Triage: Cybersecurity & HIPAA: NIST’s Practical Guidance Updates for Covered Entities and Business Associates

In this episode, Rebecca Schaefer and J.D. Koesters review key components of the recent National Institute of Standards and Technology (NIST) revised publication regarding cybersecurity. They highlight how this resource…more

Business Associates, Covered Entities, Cybersecurity, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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COVID-19: Illinois Executive Order in Response to COVID-19

On March 20, 2020, Governor J.B. Pritzker of Illinois issued an Executive Order (“Order”) requiring Illinois residents to remain in their homes and requiring businesses deemed non-essential to cease operations. The Order…more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Executive Orders, Operators of Essential Services

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Spring Cleaning: Texas legislature passes bill for dismissal of inactive asbestos and silica claims

The Texas legislature has taken a significant step toward clearing what some regard as very cluttered asbestos and silica dockets. The Texas legislature passed and sent to the governor House Bill 1325 (“HB 1325”) to provide a…more

Asbestos, Asbestos Litigation, Expert Witness, Physicians, Proposed Legislation

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The False Claims Act & Health Care: 2019 Recoveries and 2020 Outlook

In 2019, the False Claims Act (“FCA”) remained the federal government’s (“Government”) primary method of civil fraud enforcement. While the more than $3 billion in civil fraud recoveries in Fiscal Year (“FY”) 2019 resulted from…more

Anti-Kickback Statute, Enforcement Actions, False Claims Act (FCA), Fraud and Abuse, Health Care Providers

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EPA Further Expands NPL List - Is Your Company a Potentially Responsible Party?

On 17 March 2022, the U.S. Environmental Protection Agency (EPA) announced the addition of twelve sites to the Superfund National Priorities List (NPL). The EPA has determined that releases of contamination at these sites pose…more

Contaminated Properties, Environmental Protection Agency (EPA), National Priorities List (NPL), Potentially Responsible Party (PRP), Superfund

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COVID-19: Los Angeles Issues Order Exempting Certain Businesses from Providing Supplemental Paid Sick Leave to Employees Affected by COVID-19

The City of Los Angeles has issued a new order relieving several categories of businesses from their obligations to comply with the City’s requirements for employers to provide supplemental sick leave pay to employees affected…more

Coronavirus/COVID-19, Employee Benefits, Mayor Garcetti, Risk Management, Sick Leave

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The MAS’s New Regulatory Regime for Venture Capital Fund Managers Comes into Force

As part of the Singapore government’s drive to attract more venture capital fund managers (“VCFM”) and venture capital (“VC”) funding into Singapore to boost the growth of startups and growth-stage enterprises, following a…more

Capital Markets, Fund Managers, Monetary Authority of Singapore, Singapore, Venture Capital

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Where Do We Go from Here? Teva’s Impact on IPR and District Court Practice

The recent Supreme Court case of Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. held that, although the ultimate issue of claim construction is a legal question subject to de novo review, underlying factual determinations based…more

Claim Construction, Clear Error Standard, De Novo Standard of Review, Inter Partes Review (IPR) Proceeding, Patent Litigation

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Crisis Averted: How The USCG Environmental Crimes Voluntary Disclosure Policy Can Shield Against Prosecution

A vessel owner or operator discovers a (potential) environmental violation; now what? As the saying goes, the cover-up is worse than the crime. Over 13 years since its inception, the U.S. Coast Guard (USCG) Environmental Crimes…more

Coast Guard, Department of Justice (DOJ), Disclosure Requirements, Environmental Crimes

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In the Weeds: Why Arbitration May Be the Key to Preserving Enforcement of Cannabis M&A and VC Contracts

As 2022 hits, new markets continue to beckon for the cannabis industry, with New York, New Jersey, and Virginia all set to open business for recreational marijuana sales in the next 18-24 months…more

Acquisitions, Arbitration, Cannabis-Related Businesses (CRBs), Contract Disputes, Contract Terms

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Arbitration World

Welcome to this 34th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Foreign Arbitration Clauses

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FERC Issues 2023 Enforcement Report

On 16 November 2023, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2023 Annual Report on Enforcement (FY2023 Report). The FY2023 Report is the 8th annual report…more

Compliance, Energy Market, Energy Sector, Enforcement Actions, FERC

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SEC Pays $14 Million to Dodd-Frank Whistleblower After Tip Leads to Rapid Enforcement Action

The Securities and Exchange Commission recently paid $14 million to an unidentified informant under the Dodd-Frank whistleblower program. Although the particular enforcement action was not identified, the SEC said the…more

Dodd-Frank, Enforcement Actions, Securities and Exchange Commission (SEC), Whistleblower Awards, Whistleblowers

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Trademarks and Unfair Competition Bulletin

In This Issue: - Legislation - Poland – A trademark as a source of information for consumers: the Consumer Rights Act of 30 May 2014 - Poland – Draft amendment to the Industrial Property Law -…more

EU, Trademarks, Unfair Competition

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OIG Urges Additional Oversight to Combat Medicare Part D Fraud

Fraud, waste, and abuse in the Medicare Part D prescription drug program continue to threaten the integrity of the program and pose challenges to the federal agencies charged with its administration and oversight. Earlier this…more

Controlled Substances, Medicare, Medicare Part D, OIG, Physician Medicare Reimbursements

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Recent and Upcoming Enhancements to Singapore's Work Pass Framework

On 29 August 2022, Singapore’s Ministry of Manpower (MOM), Ministry of Trade and Industry, and Ministry of Communications and Information announced four key enhancements to Singapore’s work pass framework, namely: Introduction…more

Employment Policies, Ministry of Manpower, Singapore

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COVID-19: Air Carrier Worker Support Under the CARES Act

Last Friday, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act”), which will provide, among other things, financial assistance directed towards the continued…more

Airlines, Aviation Industry, CARES Act, Coronavirus/COVID-19, Federal Loans

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The Burden of Corporate Probation May Follow an Antitrust Conviction

The Antitrust Division of the Department of Justice (the “Division”) has announced a major policy shift. When a company has been convicted for a criminal antitrust offense, the Division may seek to impose the significant burdens…more

Chief Compliance Officers, Convictions, Corporate Counsel, Criminal Antitrust Litigation, Department of Justice (DOJ)

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Lessons from the SEC’s Whistleblower Anti-Retaliation Cases

Originally published in NSCP Currents - February 2017. While announcements of large cash awards grab most of the spotlight for the Securities and Exchange Commission’s (SEC or the Commission) whistleblower program, SEC…more

Anti-Retaliation Provisions, Enforcement Actions, Rule 21F, Securities and Exchange Commission (SEC), Whistleblower Protection Policies

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The New Jersey Supreme Court Deals a Significant Blow to TCCWNA Claims

The New Jersey Supreme Court has spoken: a plaintiff suing for a violation of New Jersey’s Truth in Consumer Contract Warranty and Notice Act (TCCWNA) must have suffered an actual injury - but not necessarily a monetary one - to…more

Consumer Contracts, NJ Supreme Court, Terms and Conditions, Truth in Consumer Contracts Laws, Warranties

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Will Group Costs Orders "Anchor" Class Actions in Victoria?

INTRODUCTION - The Victorian Supreme Court is fast becoming the jurisdiction of choice for class actions. This is because on 1 July 2020 the Victorian Supreme Court was given power to make orders permitting a law firm to be…more

Australia, Class Action, Dispute Resolution

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Trump Administration Begins “Round 4” in the Battle Over Clean Water Act Jurisdiction

Last month the Trump Administration announced a proposed rule that would dramatically reduce the scope of federal authority under the Clean Water Act (“Act”). If finalized in its current form, the rule would eliminate federal…more

Clean Water Act, Discharge of Pollutants, Environmental Protection Agency (EPA), Navigable Waters, Trump Administration

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Litigation Minute: Obtaining Information After the Close of Discovery

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Imagine this scenario: you just learned that the opposing party is using the same witness or expert from your case in some related litigation. You have good reason to suspect that the…more

Disclosure Requirements, Discovery, Trial Preparation, Witness Statements, Witnesses

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Fit For 55 Package: EU Revises The EU Emissions Trading System And Establishes a New Carbon Border Adjustment Mechanism

In the last couple of years, the European Union has announced and adopted a wave of sustainability initiatives that will have significant implications for European and global companies across all industries. Among other…more

Aviation Industry, Carbon Emissions, Energy Sector, EU, European Commission

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A Cure for What Ails You – Or At Least One Thing That Does: CFPB’s Cure for “Points and Fees” Mistakes

In a recent amendment to Regulation Z, the CFPB offers a tonic to mortgage lenders and their assignees that have struggled with the “points and fees” calculation for Qualified Mortgages (QMs). The CFPB’s cure allows lenders or…more

Consumer Financial Protection Bureau (CFPB), Final Rules, HOEPA, Lenders, Mortgages

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EU-UK Adequacy Decisions Finalized

On 28 June 2021, within 48 hours of the expiration of the post-Brexit grace period under the UK-EU Trade and Cooperation Agreement, the European Commission has adopted two adequacy decisions addressing the transfers of personal…more

Cybersecurity Framework, Data Protection, Data Security, EU, General Data Protection Regulation (GDPR)

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Importance of the Amendment to the Public Procurement Law for the Expenditure of EU Funds

It is projected that in 2014–2020 Poland will receive a total of 350 billion zloty in EU funds for developing infrastructure, including 67 billion zloty for developing railway infrastructure, 107 billion for road infrastructure,…more

EU, EU Directive, Public Contracts, Public Procurement Policies, Railways

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USPTO Announces Second Round of AIA Rule Changes

On August 20, 2015, the Patent and Trademark Office published, in the Federal Register, a set of “Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board” that would amend 37 CFR Part 42. Among…more

America Invents Act, Broadest Reasonable Interpretation Standard, Cuozzo Speed Technologies, Federal Register, Patent Ownership

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European Data Protection Board Clarifies the Interplay Between the EU Clinical Trials Regulation and the General Data Protection Regulation

On January 23, 2019, the EU Data Protection Board (“EDPB” - the gathering of all European Union (EU) data protection authorities) adopted opinion no. 3/2019 (the “Opinion”) on the interplay between the Clinical Trials Regulation…more

Cybersecurity, Data Controller, Data Protection, EU, European Commission

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D.C. Circuit Broadly Applies Attorney-Client Privilege to Internal Investigations

The attorney-client privilege broadly applies to communications made for the purpose of obtaining or providing legal advice. However, what if an internal investigation has multiple purposes, some of which are to provide legal…more

Appeals, Attorney-Client Privilege, Compliance, False Claims Act (FCA), Internal Investigations

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The Hong Kong Stock Exchange's Consultation: Conclusions on the Main Board Profit Requirement

On 20 May 2021, The Stock Exchange of Hong Kong Limited (the Exchange) published conclusions (Consultation Conclusions) to its consultation paper on 27 November 2020 (the Consultation Paper). The Consultation Paper relates to…more

Consultation Papers, Hong Kong, Hong Kong Stock Exchange, Listing Rules, Small and Medium-Sized Enterprises (SMEs)

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A Uniform Approach to Standing for False Advertising Claims under the Lanham Act

On March 25, 2014, the Supreme Court, in Lexmark International, Inc. v. Static Control Components, Inc., 572 U.S. ___ (2014), resolved a circuit split regarding the test for standing to assert a claim for false advertising under…more

False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components, SCOTUS

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The ESG Debate Heats Up: State AGs Investigating Asset Manager Involvement in ESG Initiatives and Related Proxy Voting

Over the past two weeks, multiple state attorneys general have sent civil investigative demands (CIDs) or subpoenas to asset managers regarding their involvement in the environmental, social, and governance (ESG) initiatives…more

Asset Management, Civil Investigation Demand, Environmental Social & Governance (ESG), Investigations, Investment Funds

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Surprise Billing Regulations: Impact on Out-of-Network Providers

On 1 July 2021, the United Stated Office of Personnel Management, and the Departments of the Treasury, Labor, and Health and Human Services (collectively, the Departments) issued an Interim Final Rule (the IFR) implementing the…more

Affordable Care Act, Health Care Providers, Health Insurance, Out of Network Provider, Surprise Medical Bills

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California Utilities Poised to Commence Renewable Energy Procurement

At its November 14, 2013 Commission meeting, the California Public Utilities Commission (the “CPUC”) conditionally accepted the renewables portfolio standard (“RPS”) procurement plans filed by various California utilities. With…more

CPUC, Energy Policy, Procurement Guidelines, Renewable Energy, Utilities Sector

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Civil Forfeiture: Can the Government Really Seize and Take Ownership of My Company’s Assets?

In 2017, the Department of Justice (“DOJ”) reported more than $8.2 billion held in its forfeited-assets fund, which is a $600 million increase from the $7.6 billion in the fund in 2016. The cases brought by the government in…more

Asset Seizure, Civil Forfeiture, Corporate Investigations, Department of Justice (DOJ), Forfeiture

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Ethylene Oxide: The Litigation Risks and Regulatory Issues Ahead

Companies using ethylene oxide (EtO) in their operations should be aware of the substantial increase in litigation and regulatory activities surrounding the compound and how those developments may affect their businesses. With…more

Air Pollution, Chemicals, Environmental Protection Agency (EPA), Hazardous Substances, Regulatory Standards

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SEC Proposes Significant New Rules for Private Fund Advisers

The Securities and Exchange Commission (the SEC) on 9 February 2022 proposed new rules and amendments (collectively, the Proposed Rules) under the Investment Advisers Act of 1940, as amended (the Advisers Act)…more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Private Funds, Proposed Amendments

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Carbon Quarterly – Special Edition

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Carbon Emissions, Clean Energy, Energy Projects, Energy Sector, Inflation Reduction Act (IRA)

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Brussels Regulatory Brief: June-July 2020

ANTITRUST AND COMPETITION - The General Court Of The EU Overturns A Commission Decision To Prohibit A £10.25bn Telecom Takeover In The UK - In 2016, the European Commission (Commission) blocked the proposed acquisition of a UK…more

Competition, Digital Services, E-Commerce, EU, European Commission

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An Abundance of Riches: Do Increasing Deposits Mean Less for Borrowers?

Attracting deposits for banks isn’t always an easy thing, witness the use of brokered deposits. But these days, since the beginning of the pandemic, deposits in banks have jumped to over $15.8 trillion in the first quarter, or…more

Banking Sector, Banks, Borrowers, Lenders, Loans

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2021 COVID-19 Support Package (NSW)

The Commonwealth Government and NSW Government will both be offering financial support to NSW businesses impacted by the recent COVID-19 restrictions and stay-at-home orders. We have tabled the key components of the 2021…more

Australia, Business Interruption, Coronavirus/COVID-19, Grants, Landlords

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Arbitration World

From the Editors - Welcome to the 23rd edition of Arbitration World, a publication from K&L Gates' International Arbitration Group that highlights significant developments and issues in international and domestic arbitration…more

Arbitration

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New Nevada Commerce Tax Effective July 1, 2015

While not purporting to give specific advice on Nevada tax law, the following is a summary of some of the general principals underlying the new tax law. A new Nevada Commerce Tax (“NCT”) was signed into law by Nevada Governor…more

Charitable Donations, Credit Unions, Deductions, Dividends, Educational Institutions

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SEC’s Division of Investment Management Offers New Guidance on “Distribution in Guise” Payments

On January 6, 2016, the Securities and Exchange Commission’s (“SEC”) Division of Investment Management issued its first written guidance (“New Guidance”) on payments made by mutual funds to intermediaries for distribution and…more

Distribution Rules, Division of Investment Management, Mutual Funds, New Guidance, Securities and Exchange Commission (SEC)

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SEC Enforcement Targets Anti-Whistleblower Practices in Financial Firm's Release Agreements With Retail Clients

As the year gets underway, the Securities and Exchange Commission (SEC or Commission) is continuing its ongoing enforcement efforts to target anti-whistleblower practices by pursuing a broader range of entities and substantive…more

Cease and Desist, Civil Monetary Penalty, Compliance, Confidentiality Agreements, Enforcement Actions

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PFAS Regulation Continues to Take Center Stage: EPA Releases Final Drinking Water Standards

On Wednesday, 10 April 2024, the US Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulations (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This came one day after…more

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Continuation of contracts under an insolvency proceeding governed by French law: Better be short!

When a company is in good standing and healthy, the question of the renewal of a contract or its duration arises only in a competitive environment. In case of an insolvency proceeding, the situation is more complex, notably for…more

Contract Term, EU, Insolvency

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The Conscience of the Fictional Reasonable Person and the Concept of "Doing the Right Thing" - Their Impact on Directors Duties

The ‘reasonable person’ test is used to interpret much of our statutory law and concepts in equity. It is the required standard to determine the extent of directors’ duties under the Corporations Act, which imposes their legal…more

Corporate Governance, Reasonable Person Test, Shareholders, The Corporations Act

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ACMA: Misinformation and Disinformation Bill

What Is the Background to the Misinformation and Disinformation Bill?  Currently, an exposure draft for public comment, the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (Cth) (the…more

ACMA, Australia, Australian Competition and Consumer Commission (ACCC), Broadcasting, Online Platforms

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Pennsylvania's New Lobbying Equity Report: Short Legislation Leads to Long List of Questions

Tucked into an obscure corner of Pennsylvania’s Administrative Code by Act 70 of 2021 is a brief paragraph that is now causing significant confusion for Pennsylvania’s lobbying community. Beginning 7 October 2021 and continuing…more

Disclosure Requirements, Equity, Ethics, Lobbying, Lobbyists

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COVID-19: (Australia) New WA COVID-19 Laws Sets Wider Net for Impacted Landlords/Tenants

*This information is accurate as of 11.00 am 28 April 2020 and is subject to change as this situation evolves. WA's Parliament has fast-tracked into law the Commercial Tenancies (COVID-19 Response) Act 2020 (WA) (CTCR), setting…more

Australia, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Landlords

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Plaintiff Alleged Facts Sufficient To Support Claims Against Defendants To Survive A Motion To Dismiss

In Chester County Employees’ Retirement Fund v. KCG Holdings, Inc. et al, C.A. No. 2017-0421-KSJM (Del. Ch. June 21, 2019), the Delaware Court of Chancery denied the defendants’ motion to dismiss claims of breach of fiduciary…more

Aiding and Abetting, Breach of Duty, Directors, Fiduciary Duty, Financial Adviser

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Real Estate Beneficial Ownership Regulatory Alert: USDA Seeks Input on Information Reporting for Foreign Ownership of Agricultural Land

On 15 December, 2023 the United States Department of Agriculture (USDA) announced a request for information on proposed revisions to the Agricultural Foreign Investment Disclosure Act (AFIDA) Report. AFIDA and its regulations,…more

Agricultural Sector, Beneficial Owner, Disclosure Requirements, Farm Service Agency (FSA), Foreign Ownership

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Act on Electromobility and Alternative Fuels Enters into Force

The Act of 11 January 2018 on Electromobility and Alternative Fuels enters into force on 22 February this year. It establishes a system of incentives for the promotion of the use of vehicles powered by alternative fuels, mainly…more

Alternative Fuels, Automotive Industry, Electric Vehicles, Member State

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COVID-19: A Roadmap to Fraud Investigations: Office of Inspector General Targets Labs for Billing COVID-19 Add-On Tests

Introduction - On 6 December 2022, the Department of Health and Human Services Office of Inspector General (HHS-OIG) issued a report (Report) that summarized findings of HHS-OIG’s review of laboratories with questionably high…more

Clinical Laboratories, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Fraud, Medicare Part B

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The Privilege Against Self-Incrimination in Hong Kong Regulatory Investigations Under the Securities and Futures Ordinance

On 11 February 2019, in the case of AA & EA v The Securities and Futures Commission [2019] HKCFI 246, the Hong Kong Court of First Instance (“CFI”) dismissed an application for judicial review against a decision of the…more

Hong Kong, Hong Kong Securities and Futures Commission (HKSFC), Market Manipulation, Self-Incrimination, SFO

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SEC Finalizes Major Changes to Shareholder Report Disclosure Scheme and Investment Company Advertisement Rules

On 26 October 2022, the Securities and Exchange Commission (SEC) adopted final rule and form amendments (the Final Rules) representing major reforms to: 1) shareholder reports for open-end mutual funds and exchange-traded funds…more

Asset Management, Corporate Governance, Disclosure, ETFs, Investment Companies

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Litigation Minute: Drafting International Arbitration Provisions for Cross-Border Manufacturing Contracts

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Potential future disputes are a reality in all cross-border manufacturing agreements––whether for the sale or purchase of goods or services, or corporate transactions––even for the…more

Arbitration, Cross-Border Transactions, International Arbitration, Manufacturers

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Competition Law "Leaves its Studs in" on UEFA and FIFA

Introduction - The Court of Justice of the European Union (CJEU) has issued two major decisions in separate cases concerning sporting organisations’ ability to regulate their: (i) competitions; and (ii) members’ activities which…more

Competition, Court of Justice of the European Union (CJEU), EU, European Commission, Fédération Internationale de Football Association (FIFA)

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Transitioning from PAMDA to Property Occupations Act

The Attorney General has announced that the Property Occupations Act 2014 (POA) and amendments to the Land Sales Act 1984 (LSA) will commence on 1 December 2014. These legislation changes will affect all sale and purchase…more

Australia, Real Estate Market

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Governor Josh Shapiro Launches First Statewide Economic Development Strategy in Nearly Two Decades

From 2018 to 2022, Pennsylvania was outspent on economic development incentives by neighboring states in both total incentive spending and average deal size. Over the same period, neighboring states also outspent Pennsylvania on…more

Agricultural Sector, Economic Development, Economic Growth, Energy Sector, Federal Funding

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Long-Term Energy Service Agreements - Have Your LTEsay

On Monday 9 August 2021, the NSW Government released a consultation paper (Consultation Paper) seeking industry feedback in relation to its Long-Term Energy Service Agreements (LTESAs) proposals. But you may ask, what are…more

Australia, Contract Terms, Electricity, Energy Sector, Service Agreements

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US Department of Justice Announces US$2.68 Billion in Fiscal Year 2023 False Claims Act Recoveries

On 22 February 2024, the US Department of Justice (DOJ) published its report (Report) announcing civil recoveries under the False Claims Act (FCA) for Fiscal Year (FY) 2023. The recoveries for FY 2023 exceeded US$2.68 billion,…more

Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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UK Company Restructuring Plans: What Is Next After Adler?

The England and Wales Court of Appeal recently handed down its first judgment relating to a restructuring plan under Part 26A of the UK Companies Act 2006: Re AGPS Bondco Plc [2024] EWCA Civ 24. Restructuring plans were a 2020…more

Corporate Restructuring, Cramdown, Creditors, Debt Restructuring, Equity

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Supreme Court Strikes Down Ban on Sports Wagering

On May 14, 2018, the U.S. Supreme Court issued a decision that struck down the Professional and Amateur Sports Protection Act (“PASPA”) on grounds that the act unconstitutionally “commandeers” the powers of the states. By…more

Anti-Commandeering, Constitutional Challenges, PASPA, SCOTUS, Sports

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CMS Issues Proposed Medicare PFS Rule for CY 2019

On July 27, 2018, the Medicare Physician Fee Schedule (PFS) Proposed Rule for Calendar Year (CY) 2019 (PFS Proposed Rule) was published in the Federal Register…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Drug Pricing, Health Care Providers, Medicare

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Punch and File the License Agreement? The New Duty under German Law to Proactively Inform When Using Copyrights

New statutory duty for copyright users to proactively inform–first reporting required by 7 June 2023! Background - No matter if you are an online portal or a traditional company: anyone who uses creative content should…more

Copyright, Germany, License Agreements

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Sirius XM Radio, Inc. v. Hegar: Texas Supreme Court Rejects Comptroller Franchise Tax Apportionment Interpretation

In a much anticipated opinion addressing Texas franchise tax apportionment, the Texas Supreme Court ruled on 25 March 2022 in favor of the taxpayer, overturning a court of appeals decision that had upheld the Texas Comptroller’s…more

Apportionment, Comptroller, Franchise Taxes, SiriusXM, TX Supreme Court

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Global Employer Guide

K&L Gates is proud to release the latest update of our Global Employer Guide. Created to complement our global employer solutions service, the interactive guide provides a quick, concise summary of the main employment law…more

Background Checks, Confidentiality Agreements, Employment Contract, Hiring & Firing, International Labor Laws

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U.S. Supreme Court Allows Booking.com to Trademark Its Domain Name

On June 30, 2020, the U.S. Supreme Court held in U.S. Patent and Trademark Office v. Booking.com B.V., 591 U.S. ___ (2020) that “Booking.com” is eligible for trademark registration because consumers do not perceive “Booking.com”…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

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Can’t “Shake It Off” Yet: Court Denies Taylor Swift’s Motion to Dismiss Copyright Infringement Lawsuit

On September 2, 2020, a California federal judge denied musician Taylor Swift’s motion to dismiss copyright infringement claims related to the lyrics in Swift’s hit song Shake It Off. On remand from the Ninth Circuit, the…more

Copyright, Copyright Infringement, Music Industry, Song Lyrics, Taylor Swift

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The Dual Licensing Regime for Virtual Asset Trading Platforms in Hong Kong – Part 3

In our previous alerts (Part I and Part II), we provided a brief overview of the new Dual Licensing Regime and highlighted some of the key aspects of the new regime, particularly those set out under the Guidelines for Virtual…more

Digital Assets, Financial Services Industry, FinTech, Hong Kong, Hong Kong Securities and Futures Commission (HKSFC)

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Global Food, Drug and Medical Device Newsletter

In this issue: Legislative Updates: - (i) USA - (ii) EU - (iii) China - (iv) Australia - (v) Japan. - Featured Articles: - (i) Caffeinated Energy Drinks - a Global Perspective - (ii)…more

Advertising, Animal Testing, Australia, Cosmetics, Energy Drinks

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SEC Adopts Final Rule Requiring Additional Proxy Voting Disclosures

On 2 November 2022, the U.S. Securities and Exchange Commission (SEC) voted 3–2, along party lines, to adopt a final rule and form amendments (together, the Final Rule) that would require additional disclosure on Form N-PX about…more

Corporate Governance, Investment Adviser, Investment Management, Proxy Season, Proxy Voting

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Disaster Preparedness Toolkit

While the onset of a natural disaster is generally unpredictable, we can proactively prepare with mitigation efforts and emergency response procedures. As we experienced throughout 2020, and through present day, natural…more

Acquisitions, Business Interruption, Business Losses, Disaster Preparedness, Insurance Claims

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A Last Minute, Temporary Reprieve for Chicago Employers: Chicago Amends Paid Sick Leave Ordinance

With the 31 December 2023 effective date for the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (Ordinance) rapidly approaching, the Chicago City Council passed an amendment on 14 December 2023 (Amendment), which…more

City of Chicago, Employees, Employer Responsibilities, Employment Policies, Illinois

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Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and Require Disclosure of Salary Ranges in Job Postings

On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information…more

Disclosure Requirements, Federal Acquisition Regulations (FAR), Federal Contractors, Job Ads, Job Applicants

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The FTC's "New" Tool: Greater Enforcement of the Robinson-Patman Act

While, historically, government enforcement of the Robinson-Patman Act has been virtually non-existent, the Federal Trade Commission (FTC) recently announced its intention to dust-off the oft-forgotten Act to encourage…more

Corporate Counsel, Federal Trade Commission (FTC), Manufacturers, Pharmaceutical Industry, Prescription Drugs

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2023 PFAS Regulatory Roundup and Looking Ahead

On Thursday, 14 December 2023, the US Environmental Protection Agency (EPA) released its Second Annual Progress Report under the 2021 PFAS Strategic Roadmap outlining notable regulatory actions taken on per- and polyfluoroalkyl…more

Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers

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COVID-19: Grassley: “Targeted Tax Relief” Being Considered to Counter Economic Effects of Coronavirus Spread

As the novel coronavirus (COVID-19) continues to spread globally and the number of cases in the U.S. grows, attention on Capitol Hill has shifted to potential legislative responses aimed at combatting the outbreak and addressing…more

Coronavirus/COVID-19, Infectious Diseases, Public Health, Trump Administration

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SEC Proposes Significant New Rules for Private Fund Advisers

The Securities and Exchange Commission (the SEC) on 9 February 2022 proposed new rules and amendments (collectively, the Proposed Rules) under the Investment Advisers Act of 1940, as amended (the Advisers Act)…more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Private Funds, Proposed Amendments

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A Statutory Tort for Serious Invasions of Privacy?

Introduction - To many people’s surprise, it remains the case in Australia that individuals do not have a specific right to obtain compensatory damages for serious invasions of privacy, such as the sharing of intimate images on…more

Australia, Compensatory Damages, Data Privacy, Data Protection, Invasion of Privacy

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Enactment of New Companies Legal Regime in the DIFC

On 12 November 2018, the Dubai International Financial Centre (the “DIFC”) enacted several new laws, which overhaul the legal framework applicable to companies incorporated or registered in the DIFC…more

Beneficial Owner, DFSA, DIFC, Dubai, Mergers

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Whistle While You Work

On 12 March 2019, royal assent was given to the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018, which amends several pieces of legislation, notably the Corporations Act 2001 (Cth). These amendments come…more

ASIC, Australia, The Corporations Act, Whistleblowers

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K&L Gates Texas Environmental Legislative Review

The 84th Texas Legislature ended June 1, 2015. This was the first legislative session under Republican Governor Greg Abbott, and while over 6,000 bills were filed, approximately 1,300 were enacted. For your review, we have…more

Chemicals, Desalination, Landfills, New Legislation, Oil & Gas

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AAA Amendments to the Commercial Arbitration Rules and Mediation Procedures

Effective 1 September 2022, the American Arbitration Association (AAA) has updated its Commercial Arbitration Rules and Mediation Procedures, representing their first revisions since 1 July 2013…more

American Arbitration Association, Arbitration, Commercial Arbitration, Mediation

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RCEP: Boosting Value Chains and Facilitating Trade Flows

This is the second alert in a four-part series on the Regional Comprehensive Economic Partnership (RCEP). The RCEP is the world’s largest free trade agreement (FTA) involving ASEAN (the Association of Southeast Asian Nations,…more

Asia Pacific, Association of Southeast Asian Nations (ASEAN), E-Commerce, Exports, Foreign Investment

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U.S. Supreme Court to Decide Case That Could Impact Inter Partes Review

It often takes several years for new statutory regimes to work through the court system before the Supreme Court can authoritatively interpret them. The America Invents Act (AIA), enacted in 2011, is no exception. The Supreme…more

America Invents Act, Cuozzo Speed Technologies v Lee, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Trial and Appeal Board

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Arbitration World

From the Editors - Welcome to the 23rd edition of Arbitration World, a publication from K&L Gates' International Arbitration Group that highlights significant developments and issues in international and domestic arbitration…more

Arbitration

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Release of Report on the Impact of Foreign Investment on the Housing Market

The House of Representatives Standing Committee on Economics (Committee) released its report on Foreign Investment in Residential Real Estate on 27 November 2014 (Report). As a response to concerns continually raised…more

Australia, Foreign Investment, Real Estate Market

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The Extra A in UDAAP: An Analysis of the CFPB’s Abusiveness Claims

Since 1938, the Federal Trade Commission Act has rendered it unlawful to engage in Unfair or Deceptive Acts or Practices as a matter of federal law. The scope and meaning of that “UDAP” prohibition has been fleshed out in agency…more

Abusive Acts, Consumer Financial Protection Bureau (CFPB), Debt Collection, Financial Institutions, UDAAP

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ESG–Australia – Consultation Material for the 5th Edition of the Corporate Governance Council Principles and Recommendations Released

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and…more

Annual Reports, Australia, Australian Securities Exchange (ASX), CEOs, CFOs

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SEC Proposes Major Changes to Prospectus and Shareholder Report Disclosure Scheme

I. INTRODUCTION AND SUMMARY - The Securities and Exchange Commission (SEC) has proposed a bold new approach to shareholder and investor communications by investment companies registered on Form N-1A under the Investment Company…more

Advertising, Asset Management, Disclosure Requirements, ETFs, Fees

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Employment Practices and Data Protection: Monitoring Workers 101

The Information Commissioner’s Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers’ data protection rights and help employers…more

Artificial Intelligence, Data Privacy, Data Protection, Electronic Monitoring, Email

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Energy Storage Handbook Vol. 6

As a courtesy to our clients and friends, the K&L Gates Power practice has updated the Energy Storage Handbook. This Energy Storage Handbook is designed to be a basic primer on what energy storage is, how federal and state…more

Batteries, Clean Energy, Electricity, Energy Sector, Energy Storage

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Trademarks and Unfair Competition Bulletin

In This Issue: - Legislation - Poland – A trademark as a source of information for consumers: the Consumer Rights Act of 30 May 2014 - Poland – Draft amendment to the Industrial Property Law -…more

EU, Trademarks, Unfair Competition

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An Overview of the US Food and Drug Administration's Legislative Goals (Part I)

In anticipation of the US Food and Drug Administration (FDA) budget request for Fiscal Year (FY) 2025, this alert provides an overview of the agency’s most recent priorities as outlined in FDA’s FY 2024 budget, found here. This…more

Animal Drugs, Federal Food Drug and Cosmetic Act (FFDCA), Food & Drug Regulations, Food and Drug Administration (FDA), Food Labeling

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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The Second Payment Services Directive - Political Agreement Nears

The original Payment Services Directive (2007/64/EC) (“PSD1”) was introduced to provide greater price transparency for users of payment services and to create a level, competitive playing field among providers of different types…more

ATMs, Banking Sector, Banks, European Commission, Financial Institutions

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SEC Proposes New Limits on Funds’ Use of Derivatives

On December 11, 2015, the Securities and Exchange Commission (“SEC”) proposed new Rule 18f-4 under the Investment Company Act of 1940, as amended (“1940 Act”) to reduce leverage risks associated with derivatives and to achieve a…more

Derivatives, Financial Markets, Form N-CEN, Form N-PORT, Investment Company Act of 1940

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By Indirections Find Directions Out: Credit Default Swaps and the Hovnanian Exchange Offer

The recently completed exchange offer for K. Hovnanian Enterprises’ 8% 2019 senior notes has roiled the world of credit default swaps (“CDS”); some observers have gone so far as to call it an existential problem for CDS. At…more

CFTC, Credit Default Swaps, Dodd-Frank, ISDA

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Supplying Products & Managing Margin Down Under: Online Price Erosion Strategies for Product Manufacturers in Australia and New Zealand

The Australian and New Zealand markets present a dilemma for manufacturers. Both are highly developed economies with wealthy, well-educated consumers who are amongst the world's most enthusiastic adopters of new technologies…more

Australia, CCA, Competition, Manufacturers, New Zealand

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Penalties for Australian Consumer Law Breaches Increase Tenfold (if not More)

In Brief - On 23 August 2018, Federal Parliament passed the Treasury Laws Amendment (2018 Measures No. 3) Bill 2018 (Bill) to substantially increase the maximum financial penalties for contraventions of the Australian Consumer…more

Australia, Australian Competition and Consumer Commission (ACCC), Australian Consumer Law, Corporate Counsel, Penalties

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Recognition and Enforcement of Court Judgments Between Hong Kong and China: A Review of the 2019 Arrangement

On January 18, 2019, Hong Kong and China signed the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative…more

China, Corporate Counsel, Final Judgment, Foreign Judgments, Hong Kong

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Proposed Money Market Fund Reforms Related to Negative Interest Rates Favor Conversion to Floating NAV and Prohibit Other Stabilizing Measures

On 15 December 2021, the Securities and Exchange Commission (the SEC) proposed amendments to Rule 2a-7 under the Investment Company Act of 1940, as amended (the 1940 Act) (the Proposed Rule), which governs the structure and…more

Asset Management, Comment Period, Floating NAV, Interest Rates, Investment Company Act of 1940

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Federal Circuit Continues to Clarify Subject Matter Eligibility for Software Patents

Many software-related and business method-related patents have been invalidated for being directed to “abstract ideas.” On January 10, 2018, in Finjan, Inc., v. Blue Coat Systems, Inc., the Federal Circuit affirmed the district…more

Corporate Counsel, Patent Infringement, Patent Litigation, Patent-Eligible Subject Matter, Patents

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France's Financial Markets Authority Considers Its Options for Regulating Initial Coin Offerings

On 26 October 2017, France’s Financial Markets Authority, the “Autorité des Marchés Financiers” (“AMF”), published a discussion paper focusing on initial coin offerings (“ICOs”) that highlights the (many) dangers that arise from…more

AMF, Blockchain, Distributed Ledger Technology (DLT), France, Initial Coin Offering (ICOs)

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Litigation Funding: A New Era?

The PACCAR Judgment - The Supreme Court of the United Kingdom’s (Supreme Court) ruling in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28…more

Damages, Litigation Fees & Costs, Litigation Funding, UK

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Arbitration World - April 2020

FROM THE EDITORS - Welcome to the 37th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Foreign Arbitration Clauses

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2020 Global Low Sulfur Fuel

Enforcement is Getting Closer, but for Vessel Owners, Operators, Charterers, and Others, Visibility Remains Cloudy - In our July 9, 2018, alert titled “Do You Clearly See What’s Coming: Having 20/20 Vision For the New 2020…more

Oil & Gas, Shipping, Vessels

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European Data Protection Board Clarifies the Interplay Between the EU Clinical Trials Regulation and the General Data Protection Regulation

On January 23, 2019, the EU Data Protection Board (“EDPB” - the gathering of all European Union (EU) data protection authorities) adopted opinion no. 3/2019 (the “Opinion”) on the interplay between the Clinical Trials Regulation…more

Cybersecurity, Data Controller, Data Protection, EU, European Commission

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Safety First – Spotlight on Mandatory Safety Standards

The recent case of Director of Consumer Affairs Victoria v Dimmeys Stores[1] serves as a timely reminder to businesses of the importance of adhering to product safety standards prescribed by the Australian Consumer Law (ACL)…more

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Patent and Plant Breeder’s Rights Year in Review

Welcome to the first edition of K&L Gates Australia, Patent and Plant Breeder’s Rights Year in Review in which we examine the significant judgments, developments and events effecting patents and plant breeder’s rights in…more

Australia, Patent Infringement, Patent Litigation, Patents, Plant Breeders Rights Act

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COVID-19: Child Access in the Midst of the COVID-19 Pandemic: The Singapore Situation

On April 3, 2020, the Singapore government announced a series of new measures to combat the COVID-19 pandemic. This included a “Circuit Breaker” period from April 7 to May 4, 2020, to restrict movement and to promote social…more

Child Visitation, Coronavirus/COVID-19, Custody Agreements, Singapore

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The Singapore Convention on Mediation: A Primer

WHAT IS THE AIM OF THE SINGAPORE CONVENTION? The Singapore Convention on Mediation, formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, was adopted by the UN General…more

Dispute Resolution, International Mediation, Mediation, Settlement Negotiations, Singapore

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Fashion Law Newsletter - March 2017

"Fashions fade, style is eternal." - Yves Saint Laurent - Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In this issue we touch…more

Fashion Design, Fashion Industry, Intellectual Property Protection, Retail Market, Trademarks

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Singapore's New Civil Justice Regime: Seven Likely Changes of Note and What They Mean in Practical Terms

A variety of reforms (draft amendments) have been proposed to Singapore’s Rules of Court (Rules), the procedural rules applicable to all litigants in Singapore. The draft amendments aim to enhance the efficiency of resolving…more

Arbitration, Dispute Resolution, Singapore

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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Spring 2015 In Site

Welcome to the Spring 2015 edition of “In Site”. This edition covers the following topics: - CDM 2015 - a summary of the key changes to the health and safety regulatory framework with the coming into force of the…more

Construction Industry, Health and Safety, UK

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Anti-Corruption: Effective Compliance Begins with the Assessment of Risks

Virtually every authoritative source of guidance on effective anti-corruption compliance emphasizes the importance of conducting a company-wide “risk assessment.” For example, U.S. authorities have stressed with regard to the…more

Anti-Corruption, Compliance, Foreign Corrupt Practices Act (FCPA), Risk Assessment, UK Bribery Act

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K&L Gates Carolinas Environmental Update: A quarterly update on environmental issues and solutions for clients in the Carolinas

A quarterly update on environmental issues and solutions for clients in the Carolinas - WELCOME TO THE K&L GATES CAROLINAS ENVIRONMENTAL UPDATE - With experienced environmental attorneys in four offices across North Carolina…more

CERCLA, Clean Water Act, Contamination, Department of Environmental Quality, Environmental Protection Agency (EPA)

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SEC Adopts Payment Disclosure Rules for Resource Extraction Issuers

On June 27, 2016, the U.S. Securities and Exchange Commission (“SEC”) adopted Rule 13q-1 under the Securities Exchange Act of 1934 (the “Exchange Act”) and amendments to Form SD (Specialized Disclosure Report) (See SEC Release…more

Disclosure Requirements, Dodd-Frank, Exemptions, Form SD, IFRS

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New Code of Conduct for Leasing of Retail Premises in Singapore

A Code of Conduct for the Leasing of Retail Premises in Singapore (the Code) has been developed by the Fair Tenancy Pro Tem Committee (Pro-Tem Committee) set up by the Singapore Business Federation. The objective of the Code is…more

Code of Conduct, Commercial Leases, Landlords, Retail, Singapore

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Start the New Year on the Right Foot by Getting Your ISO and ESPP Returns and Statements Filed on Time

Reporting Requirements - Section 6039 of the Internal Revenue Code requires corporations to file information returns with the Internal Revenue Service (IRS) and provide information statements to current and former employees for…more

Employee Stock Purchase Plans, Incentive Stock Options, Internal Revenue Code (IRC), IRS, ISOs

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Goodridge & Anor v Baker [2023] VSC 331

This is a Limitations of Actions Act 1958 (Vic) (LAA) ruling that was handed down on 16 June 2023 in the context of a medical negligence claim. Adam and Michelle Goodridge brought an application for an extension of time in…more

Australia, Claim Limitations, Discovery, Dispute Resolution, Health Care Providers

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Relationship Between a Security Agreement and the Underlying Primary Agreement – A New Development

The PRC Civil Code and the Supreme Court Interpretation on Application of the Relevant Security Provisions in the Civil Code (the Interpretation) that came into effect on 1 January 2021 have both altered the position of whether…more

China, Cross-Border Transactions, PRC, Security Agreements

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Delaware Supreme Court Shines a (Blurry) Spotlight on Director Compensation Decisions: In re Investors Bancorp, Inc. Stockholder Litigation

Delaware court decisions in recent years have led a number of companies to adopt stockholder-approved director compensation limits in order to benefit from the stockholder ratification defense, which can prove useful if director…more

Director Compensation, Directors, Ratification, Shareholder Litigation, Shareholders

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ICSDs' New DVP Settlement Model for Syndicated New Issues

Summary - On 14 March 2022, the ICSDs will introduce a new DVP settlement model for new-issue syndicated notes. The changes will impact the roles of the ICSDs, lead manager and common depositary in the payment flows and…more

Bond Issuers, Bonds, High Yield Bonds, Liquidity, Promissory Notes

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SEC Adopts Final Rules Regarding SPACs and De-SPAC Transactions to Impose Additional Disclosure and Reporting Requirements

On 24 January 2024, the US Securities and Exchange Commission (SEC), by a 3-to-2 vote, adopted the long-awaited final rules regarding special purpose acquisition companies (SPACs), shell companies, and projections. The final…more

Disclosure Requirements, Initial Public Offering (IPO), Investment Company Act of 1940, Reporting Requirements, Securities and Exchange Commission (SEC)

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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COVID-19: Federal Reserve Board Expands Terms and Conditions of Main Street Lending Program to Improve Accessibility to Small and Medium-sized Businesses

On June 8, 2020, the Federal Reserve Board (FRB) updated the terms and conditions to the Main Street Lending Program (the Program): the Main Street New Loan Facility (MSNLF), the Main Street Priority Loan Facility (MSPLF), and…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Main Street Expanded Loan Facility, Main Street Lending Programs

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M&A Deal Points

On 28 March 2017, the Federal Government released its long awaited draft legislation that is designed to encourage restructuring of distressed businesses. The proposed legislation is open for consultation with the finalised…more

Australia, Debt Restructuring, Insolvency, Proposed Legislation, Safe Harbors

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Global Survey of ESG Regulations for Asset Managers

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Offshore Wind Handbook

The U.S. offshore wind market has surged in growth over the last few years, bolstered by the U.S government’s commitment in 2021 to increase offshore wind lease capacity as well as the Biden Administration’s declaration that the…more

Asset Management, Biden Administration, BOEM, Energy Policy, Energy Projects

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The New Electronic Communications Code - Key Signals for Landowners

The Electronic Communications Code (“Code”) gives rights to certain telecommunication services providers (“operators”) to install and maintain “apparatus” such as masts, exchanges, cables and cabinets on over and under public…more

Electronic Communications, Land Owners, Leases, Telecommunications, Tenure

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Chancery Court Finds Plaintiff’S Claims of Fraud, Breach of Fiduciary Duty, and Related Claims, Pass Muster under 12(B)(6)

In Simon Ogus v. SportTechie, Inc., memorandum opinion 200131, C.A. No. 2018-0869-AGB, the Delaware Court of Chancery (the “Court”), generally held that Simon Ogus (the “Plaintiff”), pled sufficiently claims for fraud, breach of…more

Breach of Duty, Fiduciary Duty, Fraud

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Australia Joins the Global Patent Prosecution Highway

The Australian Patent Office is one of 13 patent offices from around the globe that have joined forces to create a Global Patent Prosecution Highway (GPPH) pilot program, which commenced on 6 January 2014. …more

Australia, Australian Patent Office, Patent Examinations, Patent Prosecution, Patents

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Chinese High Court Decision Confirms the OEM Exception to Trade Mark Infringement for the First Time

For years, overseas companies that manufacture goods featuring their brands in China only for export have faced issues where a Chinese National had registered their trade mark in China. This is because the owner of the Chinese…more

China, Corporate Counsel, Exports, Manufacturers, OEM

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Ninth Circuit Cans Berkeley Gas Ban Under Federal Law

On 17 April 2023, in California Restaurant Association v. City of Berkeley, the Ninth Circuit struck down a local ordinance banning natural gas piping in newly constructed buildings, concluding that federal law preempts the…more

Infrastructure, Local Ordinance, Natural Gas, Oil & Gas, Utilities Sector

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BTR Series Part 10: BTR and Investment Structuring—What Do Investors Need to Know Now?

In this final Part 10 of our build-to-rent (BTR) series, we identify some key investment structuring challenges for investors in new BTR assets in Australia, and consider how investors may be able to overcome some of them…more

Affordable Housing, Asset Management, Australia, Foreign Investment, GST

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Qui Tam Quarterly - Hunting Telehealth Fraud Under Covid-19 Waivers and Expansion

Over the COVID-19 pandemic, telehealth has evolved from an infrequent method of providing health care services that was often abused into a vital tool used by providers to connect with patients. This article examines fraudulent…more

Coronavirus/COVID-19, Fraud, Health Care Providers, Qui Tam, Telehealth

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Supreme Court’s Denial of Cert Preserves Safe Harbor for Madoff Victims

Yesterday, the Supreme Court denied two petitions for certiorari filed by Irving H. Picard—the Trustee for the estate of Bernard L. Madoff Investment Securities (“Madoff Securities”)—and the Securities Investor Protection…more

Bankruptcy Code, Bernie Madoff, Liquidation, Petition for Writ of Certiorari, Popular

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COVID-19: UK Public Sector Construction - Cash Flow Relief for Suppliers

Introduction - The impact of COVID-19 on the construction industry has been the subject of much debate this week, as discussed in our blog article “COVID-19 Construction Industry - Operating in a Pandemic”, with businesses…more

Construction Contracts, Construction Industry, Construction Project, Procurement Guidelines, UK

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K&L Gates Triage: Emergency Preparedness and Response in Long Term Care

This is the first episode in a three-part series on emergency preparedness and response in long-term care. Recent hurricanes affecting the United States have brought to light the importance of health care providers devising a…more

Centers for Medicare & Medicaid Services (CMS), Disaster Preparedness, Emergency Response, Health Care Providers, Long Term Care Facilities

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New Washington Law Regarding Durable Powers of Attorney Provides for Significant Changes to Previous Law

A power of attorney is an integral part of a person’s estate plan. Under a power of attorney, a person (known as the principal) gives broad powers to another party (known as an agent or attorney in fact) to act on his or her…more

Durable Power of Attorney, Estate Planning, Power of Attorney

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Consultation Process on Ipso Facto Insolvency Regulations Begins

In September 2017, the Australian government introduced the most significant reforms to Australia's insolvency regime for the past 30 years with the enactment of the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act…more

Australia, Debt Restructuring, Insolvency, Ipso Facto Clauses

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Deferred Prosecution and Corporate Criminal Prosecution: A Comparative Analysis

Abstract Deferred prosecutions are frequently used in the U.S. as an alternative to prosecution in cases of corporate crime. In England, the Crime and Courts Act of 2013 adopted the deferred prosecution approach to…more

Corporate Counsel, Criminal Prosecution, Deferred Prosecution Agreements, Department of Justice (DOJ), Non-Prosecution Agreements

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OnRisk: The Misrepresentation Defense

In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent…more

Commercial Insurance Policies, False Statements, Insurance Brokers, Insurance Claims, Insurance Industry

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COVID-19: Business Impacts on Franchisors - Overview and Analysis

The World Health Organization (“WHO”) declared the coronavirus (“COVID-19”) a global pandemic on March 11, 2020. In less than a week after the declaration from WHO, the COVID-19 pandemic has caused the closure of fitness club…more

Coronavirus/COVID-19, Franchise Agreements, Franchise Laws, Franchises, Franchisors

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Sephora Prevails in Consumer Challenge of "Clean at Sephora" Claims

On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term…more

Class Action, Cosmetics, Dispute Resolution, Marketing, Motion to Dismiss

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Final Rule Changes to the Edges of U.S. Health Insurance Markets

Department of Labor Issues Final Rule that Expands Association Health Plans - On June 21, 2018, the Employee Benefits Security Administration, Department of Labor (“DOL”) issued a final rule that establishes additional…more

Affordable Care Act, Association Health Plans, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Dodd-Frank Reform 2.0

Recent activity in Congress suggests that the return from the July 4th recess will see a continued push to reform the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) before year’s end. This alert…more

Banking Sector, Dodd-Frank, Financial Institutions, Financial Regulatory Reform, Financial Services Committee

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Saudi Arabia Looks Beyond Oil and Encourages Foreign Investment

Foreign investment in Saudi Arabia is anticipated to become easier following an announcement of a significant relaxation of ownership rules in the Kingdom which will enable foreign investors to own 100% of wholesale and retail…more

Foreign Investment, Investors, Oil & Gas, Saudi Arabia

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Deepening the Divide: D.C. Circuit Continues Circuit Split Regarding Standing in Data Breach Class Action Based on Risk of Future Harm

The D.C. Circuit Court of Appeals recently reaffirmed its position that a plaintiff can establish Article III standing (federal court subject matter jurisdiction) based solely on the risk of potential future harm following a…more

Article III, Class Action, Corporate Counsel, Data Breach, Future Harm

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Spring Cleaning: Texas legislature passes bill for dismissal of inactive asbestos and silica claims

The Texas legislature has taken a significant step toward clearing what some regard as very cluttered asbestos and silica dockets. The Texas legislature passed and sent to the governor House Bill 1325 (“HB 1325”) to provide a…more

Asbestos, Asbestos Litigation, Expert Witness, Physicians, Proposed Legislation

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New Treasury Guidance Significantly Expands Field of Renewable Energy Projects That May Qualify for the PTC or ITC

On May 5, the U.S. Treasury Department released Notice 2016-31 to address certain changes made to the Production Tax Credit (“PTC”) and Investment Tax Credit (“ITC”) in the Protecting Americans from Tax Hikes (“PATH”) Act of…more

FERC, Investment Tax Credits, Production Tax Credit, Protecting Americans from Tax Hikes (PATH) Act, Renewable Energy

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Australian Corporate Insolvency Reform: the PJC's Report Is in, So What Can We Expect Next?

After a 10-month inquiry process, on 12 July 2023 the Parliamentary Joint Committee on Corporations and Financial Services (PJC) delivered its final report on the effectiveness of Australia’s corporate insolvency laws. In this…more

Australia, Corporate Restructuring, Debt Restructuring, Financial Services Industry, Insolvency

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Real Estate Beneficial Ownership Regulatory Alert: USDA Seeks Input on Information Reporting for Foreign Ownership of Agricultural Land

On 15 December, 2023 the United States Department of Agriculture (USDA) announced a request for information on proposed revisions to the Agricultural Foreign Investment Disclosure Act (AFIDA) Report. AFIDA and its regulations,…more

Agricultural Sector, Beneficial Owner, Disclosure Requirements, Farm Service Agency (FSA), Foreign Ownership

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ASIC Enforces its Newly Implemented Guidance on Rights Offerings

Following the Australian Securities and Investments Commission's (ASIC) recent overhaul of its regulatory guidance on takeovers, ASIC has demonstrated its commitment to enforcing its takeovers policy and maintaining market…more

Australia, Corporate Sales Transactions, Takeover Code

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New California Bill Expands Guidance to Businesses to Mitigate Accessibility Claims for Websites, Parking Lots, and Other Exterior Paths of Travel

In California, the Unruh Civil Rights Act (Unruh) seeks to protect individuals from discrimination on the basis of disability and includes accessibility requirements for privately owned businesses. Businesses that do not comply…more

Americans with Disabilities Act (ADA), Dispute Resolution, Public Accommodation, Unruh Civil Rights Act, Website Accessibility

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What is Required Under the PIPL: A PRC-Based Representative or a Personal Information Protection Officer?

Multinational entities with operations in or having business with the People’s Republic of China (PRC) should take note of the PRC’s new Personal Information Protection Law (PIPL), which took effect on 1 November 2021 and is…more

China, Data Privacy, Data Processors, Data Protection, Data Security

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Workplace Reform Rolls on… Again

The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill…more

Arbitration, Australia, Compliance, Employees, Employer Liability Issues

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Qatar Data Protection Guidelines – Update

Status of the Guidelines - After a substantial period following the passing of Law No. 13 of 2016 on the Protection of Personal Data Privacy (the Data Protection Law), the Ministry of Transport and Communications (MoTC) in…more

Consent, Data Controller, Data Privacy, Data Protection, Qatar

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Annual Reports Coming to Pennsylvania and Other Updates to the Pennsylvania Associations Code: Part 4—Ratifying Defective Actions

On 3 November 2022, Governor Wolf signed House Bill 2057 into law as Act 122. The act made numerous amendments to Title 15 of the Pennsylvania Consolidated Statutes, also known as the “Associations Code” (the Title 15 Update)…more

Annual Reports, Corporate Governance, Pennsylvania, Reporting Requirements

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Penalties - About to Get Higher! - Commonwealth Penalty Units to Increase

In the most recent Federal Budget, the Government announced that as of 31 July 2015, the value of all Commonwealth penalty units will increase from AUD170 to AUD180. Rather than state a specific dollar penalty in the Act itself,…more

Australia, Consumer Price Index, Federal Budget, Penalties

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DC District Court Bats Down Northern Long-Eared Bat Listing

On January 28, 2020, the U.S. District Court for the District of Columbia released an opinion rejecting the U.S. Fish and Wildlife Service’s (the “Service”) 2015 decision to list the northern long-eared bat (Myotis…more

Endangered Species, Endangered Species Act (ESA), ESA Listings, US Fish and Wildlife Service

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Strategic Insurance Considerations for Emerging Coal Ash Bodily Injury Claims

Many utilities with historical coal-fired power plants are confronting increased regulatory scrutiny relating to the storage of coal combustion residuals (CCRs, also known as coal ash). Now, those utilities (and other companies…more

Bodily Injury, Coal, Coal Ash, Coal-Fired Plants, Dispute Resolution

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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March 2024 ESG Policy Update—Australia

Australian Update - Australian Securities and Investments Commission Continues Greenwashing Enforcement Efforts - On 28 February 2024, the Australian Securities and Investments Commission (ASIC) reported that an outsourced…more

ASIC, Australia, Climate Change, Corporate Governance, Corporate Social Responsibility

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Working Wise: New Pay-Data Reporting Requirements

In this episode of the Working Wise Podcast Series, K&L Gates Los Angeles Associate Jimmy Ma discusses recent developments in the EEOC’s reporting requirements for employee pay data…more

Data Collection, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), OMB

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New UAE Insolvency Law

Executive Summary - The new UAE bankruptcy law was published in the Official Gazette dated 29 September 2016 following the issuance of Federal Decree Law No.9 of 2016 on Bankruptcy (the “Bankruptcy Law”) and became effective…more

Abu Dhabi Global Markets (ADGM), Commercial Bankruptcy, Companies Law, Debtors, United Arab Emirates (UAE)

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Pennsylvania DEP Publishes Final Interim Environmental Justice Policy

The Pennsylvania Department of Environmental Protection (DEP or the Department) has issued a new environmental justice (EJ) policy (Interim Final EJ Policy)—published as an interim final policy effective on 16 September…more

Environmental Justice, Environmental Policies, Pennsylvania, Permits

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HHS Proposes Rules for Nondiscrimination in Health Care

On September 8, 2015, the U.S. Department of Health and Human Services (“HHS”) proposed new regulations implementing Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). Section 1557 prohibits discrimination…more

Affordable Care Act, Age Discrimination, Anti-Discrimination Policies, Compliance, Covered Entities

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Arbitration World

FROM THE EDITORS: Welcome to the 36th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Federal Arbitration Act

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BTR Series Part 5: Debt Funds Options—NHFIC and Alternatives

Investment in build to rent (BTR) residential developments is being driven by community and government demand, tax and other government incentives, longer term returns and lower maintenance costs and incentives compared to…more

Affordable Housing, Australia, Housing Market, Investors, Popular

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Private Fund Developments: 2019 New York Investment Management Conference

DEVELOPMENTS IN SEEDING ARRANGEMENTS – OVERVIEW - - Seeding Arrangements Fall Along a Spectrum, with Features Including: - Making a Significant Capital Commitment to a Fund Manager at the Initial Closing of the Fund - Assisting…more

Fund Managers, Investment Funds, Investors, Opportunity Zones, Popular

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Changes to Washington's Paid Family and Medical Leave Program Took Effect on 9 June 2022

In 2017, Washington’s Paid Family and Medical Leave (PFML) program was enacted to provide partial wage replacement to employees on leave for specified family and medical reasons. The state-administered PFML fund provides…more

Bereavement Leave, Employees, Employer Responsibilities, Family Medical Leave, Medical Leave

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Chancery Court Reaffirms Delaware Policy of Broad Section 220 Stockholder Inspection Rights

In Lebanon County Employees’ Retirement Fund and Teamsters Local 443 Health Services & Insurance Plan v. AmerisourceBergen Corp., C.A. No 2019-0527-JTL (Del. Ch. Jan. 13, 2020), the Delaware Court of Chancery (the “Court”)…more

Books & Records, Controlled Substances Act, Distributors, Document Review, Inspections

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Trademarks and Unfair Competition

It is my pleasure to present the second issue of our bulletin this year, which contains interesting and important information on trademarks, unfair competition and, in this issue, personal data. There have been big changes in…more

EU, European Union Intellectual Property Office (EUIPO), Trademark Infringement, Trademark Registration, Trademarks

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No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market…more

Competition, Corporate Counsel, Department of Justice (DOJ), EU, Federal Trade Commission (FTC)

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High Court of Australia to Hear Appeal on Recognition of ICSID Arbitral Award Against Spain in November 2022

The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in…more

Arbitration Awards, Australia, EU, Foreign Investment, High Court of Australia

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Back to the Drawing Board: Regulatory Agencies Re-Propose Risk-Retention Rules for Securitizations

On August 28, 2013, a consortium of U.S. banking, housing and securities regulators (the “Agencies”) re-proposed the joint regulations (the “Re-Proposed Rules”), to implement Section 15G of the Securities Exchange Act of 1934…more

Banks, CMBS, Risk Retention, Securities Exchange Act

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Benefits Now Available under the Massachusetts Paid Family and Medical Leave Law

As of 1 January 2021, individuals covered under the Massachusetts Paid Family and Medical Leave (PFML) law are entitled to receive paid leave for certain events. Specifically, covered individuals may take: Up to 20 weeks of…more

Employee Benefits, Employer Contributions, Medical Leave, Paid Family Leave Law, Paid Leave

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USPTO Clarifies Alice/Mayo Step 2A With New Patent Subject-Matter Eligibility Guidance

For the last several years, a major part of prosecuting software-related patents at the U.S. Patent and Trademark Office (“USPTO”) has been dealing with the USPTO’s inconsistent interpretation of patent subject-matter…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Intellectual Property Protection, Mayo v. Prometheus

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Lay of the Land: Global Office Trends

In our second episode of Lay of the Land, hosts Heather Horowitz, Jen McCosker, Christian Major, Tobias Gries, and Anna Amprimo discuss office asset market trends in the United States, Australia, the UK, Germany, and Italy…more

Commercial Buildings, Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Environmental Social & Governance (ESG)

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Tenant’s Use – Illegal or Not?

Impact on lease provisions of state laws allowing marijuana cultivation and distribution. The State of California was a pioneer in legalizing the use, distribution, and cultivation of marijuana in varying forms. In recent…more

Marijuana, Tenants

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Recent Federal and State Actions In Support of Proposition 65 Exemption For Coffee Reinforces Need for Science-Based Nutrition Information

The words “coffee” and “cancer” have been used in sentences together more over the past several years than the coffee industry ever could have contemplated — or wanted…more

Beverage Manufacturers, Cancer, Chemicals, OEHHA, Product Labels

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Royal Commission into Aged Care Quality and Safety

On 16 September 2018, Prime Minister Scott Morrison announced a Royal Commission into the Aged Care Sector to examine the quality of care provided to both senior Australians and young Australians with disabilities in residential…more

Australia, Health Care Providers, Quality of Care Standards, Residential Care Facilities

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Italian Small and Medium-Sized Enterprises to Tap Into Equity Crowdfunding

On June 15, 2017, the Italian Senate approved the conversion into law of Law Decree No. 50, dated April 24, 2017, whereby small and medium-sized enterprises (“SMEs”) are given recourse to equity crowdfunding that was originally…more

Crowdfunding, Italy, Small and Medium-Sized Enterprises (SMEs), Startups

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Regulation AB II: Second Time’s the Charm?

On August 27, 2014, following years of preparation, speculation and comment, the Securities and Exchange Commission (SEC) adopted Regulation AB II (Reg AB II). Reg AB II represents a response to requirements of Sections 939A and…more

Asset-Backed Securities, Disclosure Requirements, Dodd-Frank, Initial Public Offering (IPO), Mortgage-Backed Securities

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Manhattan Commercial Revitalization Program (M-CORE) Launched to Transform Aging Office Buildings

As many companies settle into hybrid work models, office occupancy rates in the United States have flatlined during the first half of 2023. In the Borough of Manhattan (the Borough) in New York City, upwards of 255 million…more

Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, New York

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Department of Justice Issues Guidance on Organizations’ Responses to Cyber Incidents

On April 29, the Department of Justice’s (DOJ) new Cybersecurity Unit within the Criminal Division issued a summary of “Best Practices for Victim Response and Reporting of Cyber Incidents” (“Best Practices”). While created…more

Best Practices, Cybersecurity, Department of Justice (DOJ), New Guidance

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Slavery and Human Trafficking: How Businesses Can Manage their Risks

“Whatever day makes man a slave, takes half his worth away.” Trafficked labour and slavery are very much at the top of the global agenda. Global organisations need to be increasingly aware of their ethical and legal…more

Human Trafficking, Modern Slavery Act, NGOs, Risk Management, Slavery

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Litigation Minute: Earn-Out Provisions (Deal Litigation Series: Part Two of Four)

What You Need to Know in a Minute or Less - An earn-out provision is a common provision in an acquisition agreement that makes a portion of the purchase price contingent on satisfaction of certain post-closing targets or other…more

Acquisition Agreements, Acquisitions, Earn-Outs

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Qui Tam Quarterly: Strategies for Avoiding the "Battle of the Experts" in False Claims Act Cases Based on Medical Necessity

Medical necessity cases continue to be a focal point for False Claims Act (FCA) investigations and lawsuits. With this focus comes an age-old problem for health care providers and entities defending these actions: the so-called…more

False Claims Act (FCA), False Statements, Health Care Providers, Healthcare Fraud, Medical Necessity

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Carbon Quarterly – Volume 6

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Carbon Emissions, Climate Change, Energy Sector, Environmental Policies

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The SEC Fines Stand-Alone Adviser for Off-Channel Communications

Overview - On 3 April 2024, the US Securities and Exchange Commission (the SEC) announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve certain…more

Asset Management, Compliance, Data Preservation, Electronic Communications, Email

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Bats in the Balance: Northern Long-Eared Bat Listing and Interim 4(d) Rule

The U.S. Fish and Wildlife Service (“Service”) recently listed the northern long-eared bat (the “Bat”) as a “threatened” species under the U.S. Endangered Species Act (“ESA”) and issued an interim “species-specific” rule under…more

Endangered Species Act (ESA), ESA Listings, Takings Clause, US Fish and Wildlife Service

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Government Announces Australia to Have a Mandatory and Suspensory Merger Control Regime

In a move that has long been advocated for by the Australian Competition and Consumer Commission (ACCC), the Australian government has announced sweeping reforms to Australia's competition law merger control regime…more

Acquisitions, Australia, Australian Competition and Consumer Commission (ACCC), Competition, Merger Controls

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The SEC's New Private Fund Adviser Rules: A Guide to Compliance (Updated)

On 23 August, the US Securities and Exchange Commission adopted new rules and rule amendments that will impose substantial regulation on the management and operation of private funds by investment advisers. The Guide to…more

Asset Management, Audits, Compliance, Disclosure Requirements, Fund Managers

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February 2024 ESG Policy Update—Australia

Australian Update - Draft Legislation – Climate-Related Financial Disclosures The Australian Government has released Treasury Laws Amendment Bill 2024: Climate-related financial disclosure, which is draft legislation confirming…more

Anti-Slavery Commissioner, ASIC, Audits, Australia, Climate Change

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COVID-19: Effects on Payment Obligations of Tenants in Germany

Due to the COVID 19 pandemic (hereafter, “COVID-19”), the closure of numerous shops and other businesses has been ordered by the authorities. Other shops and businesses are suffering losses in sales, some of them severe. As a…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Frustration of a Common Purpose

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Heightened Scrutiny of Director Positions by FERC and DOJ

The Federal Energy Regulatory Commission (FERC) and the Department of Justice (DOJ) recently issued orders and statements demonstrating concerns related to director positions and potentially interlocking directorates. These…more

Board of Directors, Corporate Governance, Department of Justice (DOJ), Directors, Energy Sector

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Global Boardroom Risk Solutions Newsletter

Now more than ever, there is a need for risk solutions in the boardroom. Any organization can be faced with a significant crisis, whether a fraud investigation, a regulatory infringement, allegations of anticompetitive behavior,…more

Chief Compliance Officers, Compliance, Enforcement, EU, Foreign Corrupt Practices Act (FCPA)

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Inaugural National Defense Industrial Strategy Emphasizes Cooperation Among Partner-Allies

In January, the Department of Defense (DoD) released its inaugural National Defense Industrial Strategy (NDIS), which seeks to “catalyze generational change” to the existing defense industrial ecosystem. This “first-of-its-kind”…more

Defense Sector, Department of Defense (DOD), Government Agencies, Industrial Sector, Manufacturers

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Review of the Singapore Employment Act: What to Expect

The employment landscape in Singapore continues to evolve dynamically in tandem with the growth and maturity of its domestic economy and workforce. Accordingly, the Employment Act (“EA”), Singapore’s main employment legislation,…more

Dismissals, Employer Liability Issues, International Labor Laws, Popular, Singapore

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Supreme Court Finds Bank Fraud Need Not Target Banks; Resolves Circuit Split in Prosecutors’ Favor

On Monday, the Supreme Court issued a unanimous opinion in Shaw v. United States, holding that a violation of the Bank Fraud Act, does not require proof that a defendant intends to target a bank, but only that defendant’s…more

Bank Fraud, Banking Sector, Banks, Criminal Prosecution, Financial Institutions

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Merger Parties Beware: ACCC Commences First Gun Jumping Cartel Prosecution

In brief: - The Australian Competition and Consumer Commission (ACCC) has commenced the first prosecution in Australia for alleged "gun jumping" (where parties to a merger commence coordinating prior to merger completion)…more

Australia, Australian Competition and Consumer Commission (ACCC), Cartels, Competition, Gun-Jumping

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COVID-19: Enforceability of Electronic Signatures and Notaries Amidst COVID-19

The COVID-19 outbreak has clearly led to many disruptions in the workplace, including an increasing amount of employers encouraging, and in some cases requiring, their employees to work remotely…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Electronic Records, Public Notaries

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Brussels Regulatory Brief: November 2023

Antitrust and Competition - European Commission Approves Consolidation in the Ground Transportation Sector Subject to Remedies - The companies are two global suppliers of signalling systems for mainline and urban railway…more

Big Tech, Competition, Court of Justice of the European Union (CJEU), Economic Sanctions, EU

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HUB Talks: May The Enforcement Be With You: Reflections on Five Years of GDPR

In this episode, Claude-Etienne Armingaud, Eleonora Curreri, and Camille Scarparo celebrate the fifth year anniversary of GDPR along with lawyers from our European offices; Thomas Nietsch and Andreas Müller (Berlin), Nóirín…more

Data Privacy, Data Protection, Data Security, Enforcement, EU

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When "One and the Same" Means "One and the Same" for Western Australian Long Service Leave

Over the last 40 years the Australian workforce has gradually become more and more mobile. Whilst employees may remain with the same group of employers, it is not unusual for employees to move between group companies and related…more

Australia, Employer Liability Issues, Employment Contract

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Update: Italian Parliament approves the new National Merger Filing Thresholds

On 2 August 2017, the Italian Parliament has adopted the Italian Competition Law, following a complex and long legislative procedure. As already reported, an intense debate surrounded the discussion and the approval of the new…more

Competition, Italy, Merger Controls, Mergers, New Legislation

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More Than Just Loopholes: Significant Changes Proposed Under the Federal Government's Third Tranche of Labour Law Reforms

The Federal Government recently introduced the latest in a series of workplace reforms into Federal Parliament. The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (the Bill), proposes further amendments to the…more

Australia, Employee Definition, Employees, Employer Liability Issues, Fair Work Act

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A Uniform Approach to Standing for False Advertising Claims under the Lanham Act

On March 25, 2014, the Supreme Court, in Lexmark International, Inc. v. Static Control Components, Inc., 572 U.S. ___ (2014), resolved a circuit split regarding the test for standing to assert a claim for false advertising under…more

False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components, SCOTUS

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Key Considerations for Officers and Directors of Distressed Companies

Even prior to the global impact of COVID-19, commercial bankruptcy filings were already on the rise. As stay-at-home orders caused many businesses to close or significantly curtail operations in 2020, financial struggles in the…more

Commercial Bankruptcy, Corporate Governance, D&O Insurance, Debt, Distressed Assets

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Seller Beware: Coordinating Brownfields Redevelopment With Remediation

Redevelopers in New Jersey have become increasingly comfortable with the idea of buying environmentally compromised properties, particularly with a growing demand for warehouse properties to support the e-commerce economy. There…more

Real Estate Development, Redevelopment

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SEC Faults Private Equity Fund Manager for Acting as an Unregistered Broker and Failing to Comply With Fund Agreements

On June 1, 2016, the Securities and Exchange Commission (“SEC”) brought and settled charges against a private equity fund adviser and its principal owner for engaging in brokerage activity without registering as a broker-dealer…more

Broker-Dealer, Investment Adviser, Private Equity Funds, Securities and Exchange Commission (SEC), Securities Exchange Act

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Connected Cars “Compliance Package” at the Forefront

On October 17, after about 18 months of waiting, a consultation involving more than 20 players, and two intermediate versions, the French Data Protection Authority (“Commission Nationale de l’Informatique et des Libertés” or…more

Automotive Industry, CNIL, Connected Cars, Data Protection, Data Protection Authority

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DEA Temporarily Extends COVID-19 Flexibilities for Controlled Substance Prescriptions via Telemedicine While Evaluating Permanent Rule Changes

Executive Summary - The Drug Enforcement Administration (DEA) issued a temporary rule (Temporary Rule), effective 11 May 2023, extending flexibilities regarding the prescribing of controlled substances via telemedicine that have…more

Controlled Substances, Coronavirus/COVID-19, DEA, Health Care Providers, Prescription Drugs

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Amendments to the Home Building Act

The Home Building Amendment Act 2014 (NSW) (the Amending Act) will significantly change the Home Building Act 1989 (NSW) (Home Building Act) and comes into force in late 2014 and early in 2015…more

Australia, Building Standards, Construction Industry

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Melbourne Property Investor Alert: New Tax on Vacant Residential Properties

With effect from 1 January 2018, owners of residential properties in certain Melbourne suburbs, which have been unoccupied for more than six months in a calendar year, will be liable to pay the Victorian Government's new "vacant…more

Australia, Property Owners, Property Tax, Residential Real Estate Market, Tax Rates

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Competition Law "Leaves its Studs in" on UEFA and FIFA

Introduction - The Court of Justice of the European Union (CJEU) has issued two major decisions in separate cases concerning sporting organisations’ ability to regulate their: (i) competitions; and (ii) members’ activities which…more

Competition, Court of Justice of the European Union (CJEU), EU, European Commission, Fédération Internationale de Football Association (FIFA)

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Carbon Quarterly – Volume 6

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Carbon Emissions, Climate Change, Energy Sector, Environmental Policies

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Supreme Court Decides to Weigh In on Personal Benefit Test

Last week, the Supreme Court agreed to hear an appeal that may resolve ambiguities in the law of insider trading that have arisen in the wake of the Second Circuit’s opinion in United States v. Newman, 773 F.3d 438 (2d Cir…more

Breach of Duty, Fiduciary Duty, Insider Trading, SCOTUS, Tippees

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Truth in Advertising - An Overview of Recent Contraventions of the Misleading and Deceptive Conduct Provisions of the Australian Consumer Law

The Australian Competition and Consumer Commission (ACCC) continues to focus on misleading and deceptive advertising and communication strategies adopted by businesses selling products and services as an enforcement priority…more

Advertising, Australia, Australian Competition and Consumer Commission (ACCC), Australian Consumer Law, Enforcement

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COVID-19: Pennsylvania Notice Requirements in Eviction Proceedings Suspended Through July 10

On May 7, 2020, Governor Tom Wolf signed an executive order that stays the notice requirements for certain foreclosure actions and for eviction proceedings. While directed expressly at residential evictions, this order also…more

Eviction, Foreclosure, Governor Wolf, Relief Measures

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Proposed Migration Changes

An exposure draft for the Migration Amendment (Protecting Migrant Workers) Bill 2021 (the Exposure Draft) which seeks to amend the Migration Act 1958 (Cth) (the Migration Act) was released on 26 June 2021. This Exposure Draft…more

Australia, Exploitation, Migrant Workers, Visas, Wage and Hour

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Frequently Asked Questions About Net Neutrality

Net neutrality has been a contentious policy issue for many years. Like many such issues, it is subject to political spin, conflicting academic analyses, and industry and consumer group advocacy. As a result, much of the…more

Broadband, FCC, Internet Service Providers (ISPs), Net Neutrality

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LIBOR Rate To Be Managed By New Administrator

Recently, the entity administering the London Interbank Offered Rate (LIBOR), a common benchmark for setting interest rates in commercial transactions, was changed. This change may require amendments to existing loan agreements…more

British Bankers' Association, Interest Rates, Libor

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Competition in U.S. Labor Markets: Non-Compete Clauses Increasingly Under Fire

I. INTRODUCTION - Until fairly recently, non-compete clauses and other employer practices affecting employee mobility and wages were a relatively minor focus of U.S. antitrust enforcement authorities…more

Antitrust Division, Antitrust Provisions, Corporate Counsel, Department of Justice (DOJ), Federal Trade Commission (FTC)

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SEC Examination and Enforcement Priorities, and Litigation Update: 2019 Washington D.C. Investment Management Conference

AGENDA - - SEC Enforcement and Exams in 2019 - Risk Alerts and Other Hot Button Issues - Enforcement Priorities and Selected Actions Pertaining to Investment Management - A Review of Recent SEC Statements and Developments…more

Cybersecurity, Financial Industry Regulatory Authority (FINRA), Investors, OCIE, SEC Examination Priorities

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SEC Adopts Rules for Reporting Separately Managed Accounts on Form ADV and Revised Recordkeeping Rules

Amendments to Form ADV - Information Regarding Separately Managed Accounts - The SEC’s final amendments to Part 1A of Form ADV include items intended to collect more information about each adviser’s SMAs. The…more

Form ADV, Investment Adviser, Recordkeeping Requirements, Securities and Exchange Commission (SEC), Separately Managed Accounts (SMA)

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DOT Announces Funding Opportunity for Nationally Significant Freight and Highway Projects

The Department of Transportation (DOT) has announced a Notice of Funding Opportunity for the Infrastructure for Rebuilding America (INFRA) program. The federal grant program provides financial assistance to highway and freight…more

Department of Transportation (DOT), Funding Opportunities, Highways, Infrastructure, Surface Transportation

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ESG–Australia – Consultation Material for the 5th Edition of the Corporate Governance Council Principles and Recommendations Released

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and…more

Annual Reports, Australia, Australian Securities Exchange (ASX), CEOs, CFOs

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SEC Proposes Amendments to Expand Definition of Accredited Investor (Updated)

I. INTRODUCTION - On December 18, 2019, the U.S. Securities and Exchange Commission (“SEC”) proposed amendments to Rule 501(a) of Regulation D promulgated under the Securities Act of 1933, as amended (“Securities Act”), which…more

Accredited Investors, Angel Investors, Investment Adviser, Investment Companies, Proposed Legislation

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Proposed Money Market Fund Reforms Related to Negative Interest Rates Favor Conversion to Floating NAV and Prohibit Other Stabilizing Measures

On 15 December 2021, the Securities and Exchange Commission (the SEC) proposed amendments to Rule 2a-7 under the Investment Company Act of 1940, as amended (the 1940 Act) (the Proposed Rule), which governs the structure and…more

Asset Management, Comment Period, Floating NAV, Interest Rates, Investment Company Act of 1940

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PTAB’s Motion to Amend Patentability Powers

In a 2-1 split decision on Wednesday, July 22, 2020, the Federal Circuit confirmed that the Patent Trial and Appeal Board (“PTAB“) had the authority to reject substitute claims under 35 U.S.C. §§ 101 and 112, statutory grounds…more

Patent Litigation, Patent Trial and Appeal Board, Patents

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K&L Gates Triage: HIPAA Enforcement Discretion, Disputes, and Data

The U.S. Department of Health and Human Services recently released a notice of enforcement discretion announcing changes in how the agency will assess civil monetary penalties for violations of the Health Insurance Portability…more

Civil Monetary Penalty, Data Breach, Data Privacy, Data Protection, Data Security

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COVID-19: PPP Eligibility of Debtors in Bankruptcy

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), a lending program for small businesses pursuant to which up to 100 percent of the principal loan amount is…more

CARES Act, Debtors, Paycheck Protection Program (PPP), SBA

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SEC Adopts Final Rules Regarding SPACs and De-SPAC Transactions to Impose Additional Disclosure and Reporting Requirements

On 24 January 2024, the US Securities and Exchange Commission (SEC), by a 3-to-2 vote, adopted the long-awaited final rules regarding special purpose acquisition companies (SPACs), shell companies, and projections. The final…more

Disclosure Requirements, Initial Public Offering (IPO), Investment Company Act of 1940, Reporting Requirements, Securities and Exchange Commission (SEC)

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Recent Changes to Tender Law Regulations in Qatar

A series of provisions under the Executive Bylaws of the Law on the Organization of Tenders and Auctions No.16 (2019) have been amended by the Council of Ministers Resolution No.11 of 2022 (the 2022 Resolution). According to the…more

Energy Sector, Oil & Gas, Qatar, Small and Medium-Sized Enterprises (SMEs)

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OIG Urges Additional Oversight to Combat Medicare Part D Fraud

Fraud, waste, and abuse in the Medicare Part D prescription drug program continue to threaten the integrity of the program and pose challenges to the federal agencies charged with its administration and oversight. Earlier this…more

Controlled Substances, Medicare, Medicare Part D, OIG, Physician Medicare Reimbursements

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The Extra-territorial Impact of EMIR on Non-EU Swap Counterparties

On November 18, 2013, the European Securities and Markets Authority (“ESMA”) published its final report on technical standards detailing how the regulation of over-the-counter (“OTC”) derivative contracts in the European Union…more

EMIR, EU, European Securities and Markets Authority (ESMA), Extraterritoriality Rules, Over The Counter Derivatives (OTC)

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Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Corporate Counsel, Foreign Investment, Foreign Jurisdictions

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Rules for Rail Transport of Crude Oil and Ethanol Still a Work in Progress

In response to rail accidents over the past several years involving crude oil and ethanol, the U.S. Department of Transportation (“DOT”) has been working with industry stakeholders and the National Transportation Safety Board…more

Department of Transportation (DOT), Ethanol, Hazardous Substances, NTSB, Oil & Gas

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Small Business Debtor Reorganization: An Overview of Chapter 11’s New Subchapter V

The term “small business debtor” originated in 1994 with Congress’s first attempt at a streamlined chapter 11 process for businesses that had insufficient assets to fund a typical bankruptcy reorganization…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk

There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former'…more

Business Assets, Confidential Information, Former Employee, Intellectual Property Protection, Risk Mitigation

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A New Era for Property Transactions in Queensland – Property Occupations Act 2014 to Replace PAMDA

New Legislation Replacing PAMDA - The Property Occupations Act 2014 (POA) was passed on 6 May 2014. The date of commencement has not yet been announced or proclaimed. Those familiar with property transactions in…more

Australia, New Legislation, Purchase Agreement, Real Estate Transfers

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It's a Gas! Federal and State Developments Continue to Light Up the Natural Gas Debate

In April 2023, we reported on the US Court of Appeals for the Ninth Circuit’s decision in California Restaurant Association (CRA) v. City of Berkeley striking down a Berkeley ordinance that prohibited natural gas piping in new…more

Building Codes, California, Department of Energy (DOE), Energy Policy, Energy Policy and Conservation Act (EPCA)

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Privacy Reform is Here: It's Time to get Your House in Order!

What you need to know - Following a number of high-profile cyber incidents last year, the Australian Government (the Government) is proving that privacy is a serious issue that corporations need to face. Recently, we saw the…more

Australia, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 18.3

This Chapter, through a legal analysis of the new legislation changes that recently occurred in Italy and the main enforcement procedures and best practices seen in the Italian Market as utilised by international lenders, aims…more

Banking Sector, Borrowers, CMBS, Commercial Real Estate Market, Investors

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Delaware Court of Chancery Interprets “Sufficient Particularity” Pleading Standard Under Rule 23.1

In Robert Elburn v. Robert Albanese et al. and Investors Bancorp, Inc.,C.A. No. 2019-0774-JRS (Del. Ch. Apr. 21, 2020), defendants moved to dismiss a complaint under Court of Chancery Rules 12(b)(6) and 23.1 for failure to state…more

Fiduciary Duty

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Naming Names: Washington Supreme Court Holds That Public Employers Must Disclose the Names of Employees Being Investigated for Workplace Misconduct

On April 2, 2015, the Washington Supreme Court held that public employees under investigation for workplace misconduct cannot prevent their identities from being disclosed in response to a request for public records. The…more

Public Disclosure, Public Employees, Public Records, Public Schools, Records Request

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Looking Ahead: President Trump's Potential Second Term Policy Agenda

With the 2020 presidential election underway, now is the time for businesses and organizations to consider the potential impacts of the next presidential administration’s policies and priorities. In the first installment of the…more

Coronavirus/COVID-19, Donald Trump, Financial Services Industry, Infrastructure, Political Campaigns

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Activist Funds Should Heed the Latest Enforcement of the HSR Act

The limits on an investor’s ability to acquire stock under the “investment-only” exemption to the HSR Act’s reporting requirements take center stage as the Antitrust Division of the U.S. Department of Justice (the “DOJ”) filed…more

Activist Hedge Funds, Antitrust Violations, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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DOL Officially Proposes 18-Month Extension of Fiduciary Rule Exemptions’ Transition Period

On Thursday, August 31, 2017, the Department of Labor (DOL) published its proposal to extend the “Transition Period” for the Best Interest Contract (BIC) Exemption and Principal Transaction Exemption from its currently scheduled…more

Best Interest Contract Exemptions, Comment Period, Department of Labor (DOL), Fiduciary Rule, Popular

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The Third Time Is the Charm: The Eleventh Circuit Allows Creditor's Use of Commercial Mail Vendor

On 8 September 2022, sitting en banc, the Eleventh Circuit held that a debt collector’s communication of a customer’s information to the debt collector’s private, third-party commercial mail vendor was not actionable under the…more

Article III, Collection Agencies, Debt Collection, Debt Collectors, FDCPA

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The US Corporate Transparency Act: Practical Considerations for Private Fund Sponsors as the Effective Date Approaches

Earlier this year, the US Congress passed the Corporate Transparency Act (CTA). The CTA will require thousands of privately held US and non-US entities to report beneficial ownership to the US Treasury Department’s Financial…more

Asset Management, Beneficial Owner, Corporate Transparency Act, Exemptions, FinCEN

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Oregon Legislature Adds New Requirements for Employers

As Oregon’s 2019 legislative session drew to a close, the legislature added new requirements for employers related to noncompetition agreements, notice to employees of impending federal authorization to work inspections, and…more

Employer Liability Issues, Employment Contract, Form I-9, Hiring & Firing, Non-Compete Agreements

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COVID-19: System Security With a Remote Workforce

COVID-19 has forced many businesses to quickly accommodate a significant portion of their employees working remotely. Having an employee base working away from established offices creates security vulnerabilities that many…more

Bring Your Own Device (BYOD), Chief Information Security Officer (CISO), Coronavirus/COVID-19, Cybersecurity, Data Protection

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The Countdown to Complete Your Consumer Health Data Privacy Policy Under the Washington My Health My Data Act

Almost one year ago, Washington State passed the “My Health, My Data” Act (the Act), which aims to protect Washington consumer health data, particularly data related to reproductive healthcare. The Act is the first law in the…more

Consumer Privacy Rights, Data Collection, Data Management, Data Protection, Electronic Medical Records

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2021: A New Year, the Same Fear - Why Companies Should Expect a Wave of PPP Investigations

Four months after the expiration of the $659 billion forgivable loan relief program established by the CARES Act, the federal government has disbursed approximately 5.2 million Paycheck Protection Program (PPP) loans…more

CARES Act, Coronavirus/COVID-19, False Claims Act (FCA), Fraud, Investigations

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Key Intellectual Property Takeaways for the Cannabis Industry

INTRODUCTION - Cannabis is a rapidly evolving field with 33 states and the District of Columbia having passed laws broadly legalizing some form of medicinal or recreational use…more

Cannabis Products, Intellectual Property Protection, Marijuana Related Businesses, Patents, Trademarks

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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2023 ESG State Legislation Wrap Up

In January of 2021, Senate Bill 2291 was introduced into the North Dakota state senate. It was considered, adopted, and signed into law three months later in March of 2021. This bill was the first of what would become scores of…more

Asset Management, Corporate Counsel, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Services Industry

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DOJ Emphasizes Data-Driven Approach to Monitoring and Importance of Culture in Latest Adjustments to Corporate Compliance Program Guidance

I. INTRODUCTION - On 1 June 2020, the Criminal Division of the U.S. Department of Justice (DOJ) updated a critical guidance document, the “Evaluation of Corporate Compliance Programs” memorandum (“Guidance”), providing further…more

Compliance, Corporate Counsel, Corporate Culture, Department of Justice (DOJ), Due Diligence

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UPDATE: FTC’s Proposed Amendments to the Magnuson-Moss Disclosure and Pre-Sale Availability Requirements

In October of 2015, President Obama signed into law the E-Warranty Act of 2015, an amendment to the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (the “Magnuson-Moss Warranty Act” or the “Act”), which updated…more

Disclosure Requirements, E-Warranty Act, Federal Trade Commission (FTC), Magnuson-Moss Act, Proposed Amendments

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Challenges for Challengers – the FCA Shares Its Expectations for Financial Crime Controls at Disruptor Banks and Provides Lessons for All

The Financial Conduct Authority’s (FCA) expectations for challenger banks provide lessons for all in the financial service industry. Challenger banks, offering updated consumer experiences and disrupting standard practice within…more

Anti-Money Laundering, Financial Conduct Authority (FCA), Financial Crimes, Financial Services Industry, Money Laundering

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SEC Modernizes Share Repurchase Rules with New Repurchase Disclosures

On 3 May 2023, the Securities and Exchange Commission (the SEC) adopted amendments to modernize the disclosure requirements relating to repurchases of an issuer’s equity securities, including requiring issuers to provide…more

Asset Management, Capital Markets, Corporate Governance, Disclosure Requirements, Securities and Exchange Commission (SEC)

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Health System Cybersecurity Risks: Part Two

In this two-part Triage series, Gina Bertolini, Sarah Carlins, and Jianne McDonald analyze two recent HHS initiatives that address cybersecurity risks to hospitals and health systems nationwide. Cybersecurity events involving…more

Cybersecurity, Data Security, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Internet of Things – What does it mean for business?

What is the Internet of Things? The 'Internet of Things' (IoT) is a catchphrase describing the increasing interconnectedness between smart devices and sensors facilitated through their connection to the internet. It's not a new…more

Cyber Attacks, Cyber Crimes, Cyber Threats, Data Protection, Data Security

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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COVID-19: IP Strategies for Universities and Nonprofits During the Pandemic – Mitigating Patent Infringement Risks When Making PPE and Other Health-Related Supplies

The rapid emergence of COVID-19 — and the limited and diminishing supply of healthcare resources needed to treat patients and protect healthcare providers — has many public and private universities and other nonprofit…more

Coronavirus/COVID-19, Due Diligence, Nonprofits, Patents, Personal Protective Equipment

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South Carolina’s New Private Fund Adviser Exemption — A Boost for an Emerging Industry

On September 6, 2019, the Securities Division of South Carolina’s Office of the Attorney General issued an order providing an exemption from the state investment adviser registration requirements for advisers that provide advice…more

Investment Adviser, Investment Funds, Private Investment Funds, Registration Requirement, Securities Regulation

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HUB Talks: May The Enforcement Be With You: Reflections on Five Years of GDPR

In this episode, Claude-Etienne Armingaud, Eleonora Curreri, and Camille Scarparo celebrate the fifth year anniversary of GDPR along with lawyers from our European offices; Thomas Nietsch and Andreas Müller (Berlin), Nóirín…more

Data Privacy, Data Protection, Data Security, Enforcement, EU

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U.S. Supreme Court Rules That Seal Violations Do Not Require Dismissal of Qui Tam False Claims Act Suits

On Tuesday, the Supreme Court issued an anxiously anticipated False Claims Act (“FCA”) decision in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, holding that a violation of the statute’s seal requirement does…more

Dismissals, False Claims Act (FCA), Fraud, Qui Tam, Relators

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Litigation Minute: The "G": Governance Issues Keep the Board From Getting Bored (ESG in Litigation Series: Part Three of Eight)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Class actions alleging the board of directors breached its fiduciary duties have become increasingly prevalent, as shareholders seek to hold companies liable for operations management,…more

Board of Directors, Breach of Duty, Class Action, Environmental Social & Governance (ESG), Fiduciary Duty

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K&L Gates Texas Environmental Legislative Review

The 84th Texas Legislature ended June 1, 2015. This was the first legislative session under Republican Governor Greg Abbott, and while over 6,000 bills were filed, approximately 1,300 were enacted. For your review, we have…more

Chemicals, Desalination, Landfills, New Legislation, Oil & Gas

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Congress and the President Strike a “Huuuge” Budget Deal: What It Means and Opportunities

On August 2, 2019, the Bipartisan Budget Act of 2019 (P.L.116-37) (“BBA”) was signed into law. This bill amends the Budget Control Act of 2011 (P.L.112-25) (“BCA”) by raising discretionary spending caps for FY2020 and FY2021 and…more

Appropriations Bill, Bipartisan Budget Act, Budget Control Act of 2011, Defense Sector, Federal Budget

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Better Late Than Never: The California Supreme Court Reverses Itself, Holding That Corporate Policyholders May Assign Insurance Rights Without Insurer Consent

Asset purchase and sale transactions are a preferred structure for many corporate deals. For a variety of reasons, it may be prudent for businesses or product lines to be transferred through these transactions, and an asset…more

Acquisition Agreements, Asbestos, Asbestos Litigation, Asset Purchaser, Asset Transfer

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PFAS Regulation Continues to Take Center Stage: EPA Releases Final Drinking Water Standards

On Wednesday, 10 April 2024, the US Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulations (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This came one day after…more

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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Disaster Preparedness Toolkit

While the onset of a natural disaster is generally unpredictable, we can proactively prepare with mitigation efforts and emergency response procedures. As we experienced throughout 2020, and through present day, natural…more

Acquisitions, Business Interruption, Business Losses, Disaster Preparedness, Insurance Claims

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Congressional Investigations 101

What You Need to Know - The Democrats will control the House in the 116th Congress, which will convene on January 3, 2019. Although their majority is slim, Democrats now chair committees, determine which investigations to pursue…more

Congressional Committees, Congressional Investigations & Hearings, Testimony, Trial Preparation

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COVID-19: (Australia) Further Changes To JobKeeper: What Do Employers Need To Know Now?

The Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020 was passed by Federal Parliament, which has resulted in further changes to the JobKeeper Payment scheme including changes to the flexibility…more

Australia, Coronavirus/COVID-19, Fair Work Act

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Permanent Dial-In Option Makes TEFRA Hearings Easier Than Ever – Forever

The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) requires a public hearing as a form of public approval for certain types of tax-exempt private activity bonds. Thanks to COVID-19, holding a hearing is easier than…more

Bonds, IRS, Public Finance, Public Hearing, Remote Hearings

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HUB Talks: Voluntary Disclosure: Special Edition - Staying Out of Trouble

Mike McKay and Aaron Millstein discuss staying a civil case when there is a parallel criminal investigation or prosecution, the factors courts consider in whether to grant a stay, and some of the strategic considerations every…more

Criminal Investigations, Criminal Prosecution, Fifth Amendment, Litigation Strategies, Parallel Proceedings

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Pennsylvania Superior Court Defers Resolution of Jurisdiction-by-Registration Debate

On June 25, an en banc panel of the Pennsylvania Superior Court issued its long-awaited decision in Murray v. American LaFrance LLC. At stake was the question of whether, under Pennsylvania’s unique statutory framework,…more

Dispute Resolution, Jurisdiction

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What is a "Material Change" Affecting Off The Plan Sales?

The Supreme Court of Victoria has recently decided a case that highlights a number of issues for off the plan sales and developments in Victoria. The Court addressed situations where purchasers are entitled to rescind off…more

Canada, Contract Drafting, Land Developers, Materiality, Sales Contracts

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Competition Law Threat to Active Fund Managers

SCM Direct ("SCM"), an investment manager based in the UK, has recently called for the Competition and Markets Authority ("CMA") and Financial Conduct Authority ("FCA") to investigate actively managed funds sector for alleged…more

European Securities and Markets Authority (ESMA), Financial Conduct Authority (FCA), UK, UK Competition and Markets Authority (CMA)

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CFPB Aiming to Oversee Digital Payments

In late 2023, the Consumer Financial Protection Bureau (CFPB) proposed a rule that would subject nonbank fintech companies to the CFPB’s authority. The CFPB articulated that it intends the rule to “level the playing field”…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Digital Assets, Financial Services Industry

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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COVID-19: SEC Advises Companies Preparing for Earnings Communications Amidst the COVID-19 Pandemic

Last week, the chairman of the Securities and Exchange Commission (the “SEC”) and the director of the SEC’s Division of Corporation Finance issued a joint statement urging public companies to be transparent and thorough in their…more

Coronavirus/COVID-19, Disclosure Requirements, Earnings Reports, Non-GAAP Financial Measures, Securities and Exchange Commission (SEC)

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Suppliers, Are You Prepared? Consumer Guarantees to Apply to More Goods and Services from July 2021

IN BRIEF - The Treasury Laws Amendment (Acquisition as Consumer—Financial Thresholds) Regulations 2020 (Cth) (Regulations) broaden the applicability of the Consumer Guarantees regime under the Australian Consumer Law (ACL)…more

Australia, Australian Consumer Law, Goods or Services, Suppliers

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Help Wanted: What Employers Need to Know About Pay Transparency Requirements in Job Postings

Pay equity has been a hot topic in employment law in recent years. Now, laws requiring disclosure of pay scales are viewed as the next step towards achieving equal pay for equal work across genders, races, and nationalities. In…more

Equal Pay, Job Applicants, Pay Equity Laws, Pay Transparency, State Labor Laws

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Truth in Advertising - An Overview of Recent Contraventions of the Misleading and Deceptive Conduct Provisions of the Australian Consumer Law

The Australian Competition and Consumer Commission (ACCC) continues to focus on misleading and deceptive advertising and communication strategies adopted by businesses selling products and services as an enforcement priority…more

Advertising, Australia, Australian Competition and Consumer Commission (ACCC), Australian Consumer Law, Enforcement

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Navigating the New Frontier: Insurance for Artificial Intelligence Risks

On 27 December 2023, The New York Times filed a lawsuit against OpenAI and Microsoft alleging copyright infringement in connection with OpenAI’s popular ChatGPT technology. This lawsuit is part of the first wave of…more

Artificial Intelligence, Copyright Infringement, Cyber Insurance, Cybersecurity, Insurance Industry

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Will U.S. Export-Import Bank Financing of Australian LNG Projects be Cast Adrift on the “High Seas” by the Endangered Species Act?

We have previously reported on cases in which opponents to energy projects continue to expand their challenges to include not just direct sponsors of the projects, but their financial supporters as well. In particular, we…more

Australia, Endangered Species Act (ESA), Energy Projects, Energy Sector, Export-Import Bank of the US

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Swaps Compliance Training and Testing Due 31 January 2021

INTRODUCTION- By a Notice to Members dated 5 January 2021, the National Futures Association (NFA), the self-regulatory organization for the U.S. derivatives industry, reminded NFA members that their associated persons who are…more

Compliance, Investment Funds, NFA, Proficiency Testing, Swaps

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Sirius XM Radio, Inc. v. Hegar: Texas Supreme Court Rejects Comptroller Franchise Tax Apportionment Interpretation

In a much anticipated opinion addressing Texas franchise tax apportionment, the Texas Supreme Court ruled on 25 March 2022 in favor of the taxpayer, overturning a court of appeals decision that had upheld the Texas Comptroller’s…more

Apportionment, Comptroller, Franchise Taxes, SiriusXM, TX Supreme Court

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The Essentials - California Employment Law Update

The October edition of the Essentials marks the end of California’s legislative session. As a helpful summary for employers, we have outlined key provisions of the new California employment laws for 2022: MOST SIGNIFICANT,…more

California, Employer Responsibilities, Independent Contractors, OSHA, Settlement Agreements

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Anche la start-up innovativa può essere soggetta a fallimento

Nel novero delle molteplici norme e misure di favore previste per le start-up innovative dal nostro ordinamento, la non assoggettabilità di quest’ultime al fallimento sancita dall’articolo 31 del Decreto Legge 18 ottobre 2012,…more

Business Development, Commercial Bankruptcy, Corporate Governance, Debt, Innovation

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EU General Court Upholds Luxury-brand Restrictions on Supply of Spare Parts

The General Court of the European Union has provided some further guidance for luxury-brand companies on the different practices allowed on the secondary markets, such as repairs and supply of spare parts. First, the General…more

Competition, EU, European Commission, Manufacturers

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CFTC Classifies Certain Securitization Vehicles as Not Being Commodity Pools

Recent changes to the commodity pool regulations under the Commodity Exchange Act (the “CEA”) may subject certain securitization transactions and their managers to regulation by the Commodity Futures Trading Commission (the…more

CFTC, Commodity Exchange Act (CEA), Commodity Pool, Securitization Vehicles

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FTC Announces New HSR Notification Thresholds and Filing Fees for 2024

On 22 January 2024, the Federal Trade Commission (FTC) announced new, increased thresholds and filing fees for transactions requiring premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as…more

Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications, Size of Persons Test

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Policyholders Win Again: The New Jersey Supreme Court Voids Insurance Policy Anti-Assignment Clauses in Occurrence-Based Insurance Policies for Post-Loss Claims

The New Jersey Supreme Court recently affirmed the Appellate Division’s decision in Givaudan Fragrances Corp. v. Aetna Cas. & Sur. Co., finding that an anti-assignment clause in an occurrence-based insurance policy does not bar…more

Anti-Assignment Clauses, Commercial General Liability Policies, Department of Environmental Protection, Environmental Protection Agency (EPA), Insurance Industry

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COVID-19: German Act to Mitigate the Consequences of the Pandemic

On March 25, 2020, the German Bundestag passed the “Act on Mitigation of the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Proceedings” (“Act”) as part of the so-called “Corona Package.” The Act passed…more

Coronavirus/COVID-19, Germany, Relief Measures

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Applying FIC (III): Transitional measures and the definition of ‘placing on the market’ under New Food Rules in the EU

Regulation 1169/2011 on the provision of food information to consumers (the FIC Regulation) entered into force on 13 December 2011, though its application is a gradual process: the specific requirements concerning the…more

EU, Food Labeling, Food Manufacturers, Food Safety

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Cleared to Land: Aviation Newsletter

Happy new year and welcome to our latest edition of K&L Gates’ Cleared to Land published jointly by our Aviation and Banking & Asset Finance practice groups to keep you updated on significant developments and issues relating to…more

Airports, Airspace, Aviation Industry, Investors, Letters of Intent

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Brussels Regulatory Brief: July 2022

ANTITRUST AND COMPETITION - European Union General Court Confirms the European Commission’s Ability to Review Certain Transactions Even When They Fall below the European Union and Member States’ Merger Filing Thresholds - On 21…more

Acquisitions, Airlines, Antitrust Provisions, Cryptoassets, Cryptocurrency

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COVID-19: European Commission Details Plans to Postpone EU Medical Device Regulation and European Derogation Procedure to Get Medical Devices to Market Faster

The European Commission (EC) has published details of its proposal to postpone the application date of the Medical Devices Regulation (MDR) for one year. In addition, the EC proposes introducing a new procedure to address…more

Coronavirus/COVID-19, EU, European Commission, Healthcare, Manufacturers

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Arbitrator Bias: The English Commercial Court Offers Further Guidance on Disqualification of Arbitrators

The leading English authority on arbitrator impartiality is the case of Halliburton Co v Chubb Bermuda Insurance Ltd [2021] AC 1083, a well-known case in which K&L Gates acted for Halliburton. Halliburton v Chubb clarified how…more

Arbitration, Commercial Court, International Arbitration, UK

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Recent Trends in Generative Artificial Intelligence Litigation in the United States

Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US…more

Artificial Intelligence, Class Action, Copyright, Copyright Infringement, Copyright Litigation

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White Paper: CMS Finalizes Updates to the Stark Law to Reduce Regulatory Burdens and Provide Flexibility to Providers

On 2 December 2020, the Centers for Medicare & Medicaid Services (CMS) published a Notice of Final Rulemaking in the Federal Register (Final Rule), modifying the regulations implementing the federal physician self-referral law…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Donations, Health Care Providers

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FERC Interconnection Reform is Full Steam Ahead

On 21 March 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 2023-A, rehearing and clarifying its landmark generator interconnection reform final rule. Order No. 2023-A largely upheld the interconnections…more

Deadlines, Energy Projects, Energy Sector, Energy Storage, FERC

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New Rules Will Facilitate Cross Border Distribution of Certain EU-domiciled Funds in the European Union and Increase Transparency of EU Fund Marketing Requirements

The European Parliament and Council of the EU have adopted a package of measures intended to standardise and improve the cross-border distribution of investment funds in the European Union (“EU”)…more

AIFM, EU, Investment Funds, UCITS

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New USPTO Requirement: Mandatory Electronic Trademark Submissions and Physical Addresses

On Tuesday, July 31, 2019, the United States Patent and Trademark Office (USPTO) issued new Rules and Regulations under Title 37 of the Code of Federal Regulations (CFR) Parts 2, and 7. They were to take effect on December 21,…more

Intellectual Property Protection, Lanham Act, Trademark Application, Trademark Registration, Trademarks

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FERC Prepares to Launch Long-Awaited MBR Relational Database

Significant changes to the market-based rate (MBR) program administered by the Federal Energy Regulatory Commission (FERC) will begin rolling out in the next couple of weeks. In Order No. 860 (FERC Docket No. RM16-17), FERC…more

Databases, Energy Sector, FERC, Power Purchase Agreements

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Washington State Legislature Passes Capital Gains Tax Bill

On 4 May 2021, Governor Inslee signed Engrossed Substitute Senate Bill 5096 (the Act), establishing a state-level tax on long-term capital gains for Washingtonians, beginning 1 January 2022…more

Capital Gains, Capital Gains Tax, Governor Inslee, Grantors, Tax Credits

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Whistleblowers Now Protected Under Workplace Nondiscrimination Law

Discriminatory practices in the workplace are strictly prohibited by Article L. 1132-1 of the French Labor Code and Article 225-1 of the French Criminal Code. Prohibited treatment includes treating an employee, a job applicant,…more

Anti-Discrimination Policies, Discrimination, Employer Responsibilities, France, Whistleblower Protection Policies

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Washington's Capital Gains Tax Upheld

On Friday, 24 March 2023, the Washington Supreme Court upheld the state’s capital gains tax (the WA CGT) in a 7–2 decision, bringing an end to months of uncertainty as a suit to challenge the new tax worked its way through the…more

Capital Gains, Capital Gains Tax, Corporate Taxes, Excise Tax

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New California Law Creates Enhanced Opportunities for Renewable Energy Market

On September 28, 2013, California Governor Jerry Brown signed into law Senate Bill 43 (“SB 43”), creating California’s first Green Tariff Shared Renewables Program. This revolutionary program creates a pathway for renewable…more

CPUC, Environmental Policies, Renewable Energy

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French Finance Act for 2019: The Most Important Changes Affecting Businesses

The French Finance Act for 2019 was enacted on December 28, 2018 (the “Act”). The Act introduces significant changes to the interest deduction rules and to the favorable tax regime applicable to Industrial Property (“IP”)…more

Corporate Taxes, EBITDA, France, Income Taxes, Tax Avoidance

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Governor Josh Shapiro Launches First Statewide Economic Development Strategy in Nearly Two Decades

From 2018 to 2022, Pennsylvania was outspent on economic development incentives by neighboring states in both total incentive spending and average deal size. Over the same period, neighboring states also outspent Pennsylvania on…more

Agricultural Sector, Economic Development, Economic Growth, Energy Sector, Federal Funding

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What's in a Fund Name? SEC Approves Changes to the Fund Names Rule

On 20 September 2023, the US Securities and Exchange Commission (the SEC) adopted amendments to Rule 35d-1 (the Names Rule or Rule) under the Investment Company Act of 1940, as amended (the 1940 Act), and made related form…more

Financial Services Industry, Fund Managers, Investment Companies, Investment Company Act of 1940, Investment Funds

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Governor Tomblin Signs into Law Significant Amendments to West Virginia Consumer Credit Protection Act

On March 31, 2015, West Virginia Governor Earl Ray Tomblin signed SB 542 into law. This new law amends frequently litigated sections of the West Virginia Consumer Credit Protection Act (“WVCCPA”), W. Va. Code section 46A, in…more

Consumer Protection Act, Debt Collection, FDCPA, New Amendments

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Supreme Court Allows Eviction Moratorium to Run Its Course

On 29 June 2021, the Court by a 5-4 vote, denied an emergency request by a group of rental property managers and trade associations to lift the stay imposed by the D.C. Circuit regarding the constitutionality of the Centers for…more

Centers for Disease Control and Prevention (CDC), Eviction, Landlords, Moratorium, Rental Property

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Acquisition of Shares in Public Companies Before the SEJM

A parliamentary bill has been submitted with the Sejm, repealing an obligation to submit a tender offer in connection with the acquisition of shares giving the right to 10% of the total number of votes at the General Meeting of…more

Acquisitions, Capital Markets, Financial Instruments, Poland, Public Offerings

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The Free Port Vladivostok Area

On July 13, 2015, President Putin signed the Federal Law On the Free Port of Vladivostok, as well as two other laws introducing revisions to the current laws required to implement the Law On the Free Port of Vladivostok - the…more

Cross-Border Transactions, Customs, Entrepreneurs, Foreign Affiliates, NGOs

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Overhaul of the Australian Foreign Investment Rules: A Summary

If you are conducting a transaction with a foreign person or you are a foreign person investing in Australia, you need to be aware of changes to Australia's foreign investment regime. With effect from 1 December 2015,…more

Australia, Criminal Penalties, Fees, Foreign Investment

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FAST Act Expedites Permitting and Environmental Review for Large Infrastructure Projects

Expedited permitting and environmental review for complex infrastructure projects may soon be a reality. Buried at the end of its most recent transportation reauthorization package (the “FAST Act” or “Act”) is a significant new…more

Construction Industry, Critical Infrastructure Sectors, Energy Sector, Environmental Impact Report (EIR), Fixing America’s Surface Transportation Act (FAST Act)

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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Litigation Minute: Drafting Considerations for Protective Orders

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Any party to litigation in court or before an arbitral tribunal will, at some point, likely need to produce documents. Before producing documents that contain sensitive information…more

Arbitration, Confidential Documents, Dispute Resolution, Personally Identifiable Information, Protective Orders

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The False Claims Act and Health Care: 2021 Recoveries and 2022 Outlook

In a significant departure from the general downward trend in False Claims Act (FCA) civil fraud recoveries over the past half-decade —and as predicted last year —recoveries in Fiscal Year (FY) 2021 drastically increased…more

Department of Justice (DOJ), Enforcement Actions, Enforcement Statistics, False Claims Act (FCA), Fraud

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COVID-19: Businesses Face Supply Chain Challenges as Pandemic Triggers State ‘Stay at Home’ and Business Curtailment Orders

In an effort to respond to the COVID-19 pandemic, states across the nation have adopted restrictions limiting the in-person operations of manufacturers, businesses, and institutions to those deemed “essential” or “life…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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New York Bill Proposes to Subject Certain Health Care Transactions to Regulatory Approval by the State

Important Takeaways Article 45-A aims to regulate large physician's practices managed by entities that are investor-backed. The proposed legislation would authorize the New York Department of Health (DOH) to review and approve…more

Health Care Providers, New York, Physicians, Regulatory Oversight

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AGM Season is Fast Approaching – Are You Ready?

The 2018 Annual General Meeting (AGM) season is just around the corner and with the lead times for regulatory reviews of draft notices etc – ASX listed companies need to turn their mind now to anticipated shareholder…more

Shareholder Approval, Shareholders, Takeover Bids

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Distribution of Mutual Fund Shares and Fund Advertising: 2019 Washington D.C. Investment Management Conference

MUTUAL FUND DISTRIBUTION – TODAY’S AGENDA - - Multiple Distribution Channels - Methods of Compensating for Distribution and/or Services - Sales Loads - Rule 12b-1 Fees/Service Fees - Revenue Sharing - Sub-transfer Agent…more

Broker-Dealer, Investment Adviser, Investment Management, Investors, Retail Investors

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New Powers for ASADA to Investigate Possible Anti-doping Violations

From today, 1 August 2013, the Australian Sports Anti-Doping Authority (ASADA) has a number of new powers by virtue of the recent passage in the Commonwealth Parliament of the Australian Sports Anti-Doping Authority Amendment…more

Performance Enhancing Drugs, Policy Violations, Sports

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"Culvert Case" Affirmed

Potential Implications for Northwest Regulators and Private Parties - On June 11, 2018, an equally divided United States Supreme Court affirmed per curiam the Ninth Circuit’s decision in United States v. Washington, known as…more

Comity, Drainage, Recusal, Salmon, Treaties

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CFTC Guidance on Cross-Border Application of United States Swap Regulations

Introduction - On July 12, 2013, the Commodity Futures Trading Commission (the “CFTC”) adopted interpretive guidance (the “Guidance”) that details the CFTC’s interpretation of the application of the Commodity Exchange Act…more

CFTC, Commodity Exchange Act (CEA), Cross-Border, Dodd-Frank, Foreign Branches of U.S. Banks

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Owner-Occupiers Beware: NSW Security of Payment Act Now Applies

The last remaining exemption for owner-occupier construction contracts from the operation of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) was repealed on 1 March 2021. Contractors under…more

Australia, Construction Contracts, Construction Project, SOP Act

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Litigation Minute: Subpoenas and the Stored Communications Act

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - "Our business runs an electronic communication system and we got a subpoena for something that one of our users stores on our system. Can't we just produce it?" STOP! The content…more

Electronically Stored Information, Stored Communications Act, Subpoenas

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Stopping Traffick: UK’s Modern Slavery Act of 2015 - What Now? Are Companies in Compliance?

The legislation has been hailed for blazing a trail globally with nations from Australia to India poised to pass similar laws as the world seeks to meet a United Nations goal of ending by 2030 a crime estimated to enslave at…more

Corporate Liability, Corporate Social Responsibility, Forced Labor, Human Rights, Human Trafficking

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Cyber Insurance - Selecting the Right Policy to Identify and Mitigate Risk

Given the prominence of recent cyber attacks, the importance of comprehensive cyber security policies in both the private and public sectors has received increased attention. As part of a comprehensive approach to cyber…more

Cyber Insurance, Data Protection

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HUB Talks: Payments Across the Globe Miniseries - Cryptocurrencies and Digital Assets in the U.S

In this episode Jeremy McLaughlin and Jonathan Miner discuss the general effects of the pandemic on the cryptocurrency industry, trends that could lead to great consumer adoption of cryptocurrencies, the possible advancement of…more

Banking Sector, Blockchain, Coronavirus/COVID-19, Cryptocurrency, Digital Assets

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SEC Adopts Amendments to Expand Definition of Accredited Investor

Introduction - On 26 August 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments to Rule 501(a) of Regulation D promulgated under the Securities Act of 1933, as amended (Securities Act), which expand the…more

Accredited Investors, Final Rules, Investors, Limited Liability Company (LLC), Private Offerings

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Unprecedented Maine Supreme Court Reversal - A Huge Win for Maine Mortgage Lenders

Not often do courts explicitly reverse their own precedent, especially when that precedent was a unanimous 7-0 opinion issued only a few years earlier. But that is precisely what happened last week when the Supreme Judicial…more

Borrowers, Consumer Lenders, Financial Services Industry, Foreclosure, Mortgage Lenders

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Heard at the SIFMA Conference

Recently, partners from K&L Gates’ Government Enforcement, Broker-Dealer and Investment Management practice groups attended the Securities Industry and Financial Markets Association’s (“SIFMA”) Compliance and Legal Society…more

CFTC, Department of Justice (DOJ), Financial Industry Regulatory Authority (FINRA), Securities and Exchange Commission (SEC), SIFMA

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2021 Health Care Employment Law Year in Review

Health care-related employment laws became a prevalent topic in 2021—the year of the COVID-19 vaccination mandates. States and the federal government continued to adopt differing approaches on mandates affecting different…more

Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, OSHA, Reasonable Accommodation

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Keeping it Casual: When to Define the Relationship

There is no denying that 2018 has brought the engagement of casual employees to the fore as an increasingly contentious issue facing employers. This has been most recently highlighted by the decision of a Full Court of the…more

Australia, Employer Liability Issues, Employment Litigation

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The First Ninety Days of the FCPA Unit’s Pilot Program

On April 5, 2016, the Department of Justice (“DOJ”) introduced a yearlong “Pilot Program” to guide the conduct of investigations and prosecutions pursuant to the Foreign Corrupt Practices Act (“FCPA”). Announced by Assistant…more

Department of Justice (DOJ), Federal Pilot Programs, Foreign Corrupt Practices Act (FCPA), Non-Prosecution Agreements, Voluntary Disclosure

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Washington's Capital Gains Tax Upheld

On Friday, 24 March 2023, the Washington Supreme Court upheld the state’s capital gains tax (the WA CGT) in a 7–2 decision, bringing an end to months of uncertainty as a suit to challenge the new tax worked its way through the…more

Capital Gains, Capital Gains Tax, Corporate Taxes, Excise Tax

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Methods of Genetic Testing Still Patentable

This afternoon the Federal Court handed down its highly anticipated decision in Meat & Livestock Australia Limited v Cargill, Inc [2018] FCA 51. The matter has attracted substantial media attention in Australia and generated…more

Australia, Genetic Materials, Patent Litigation, Patent-Eligible Subject Matter, Patents

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A Cure for What Ails You – Or At Least One Thing That Does: CFPB’s Cure for “Points and Fees” Mistakes

In a recent amendment to Regulation Z, the CFPB offers a tonic to mortgage lenders and their assignees that have struggled with the “points and fees” calculation for Qualified Mortgages (QMs). The CFPB’s cure allows lenders or…more

Consumer Financial Protection Bureau (CFPB), Final Rules, HOEPA, Lenders, Mortgages

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Pension Plan Investments: ERISA Fiduciaries May Consider Environmental, Social, and Governance Factors Related to Economic Value

Over the past two decades, the U.S. Department of Labor (DOL) has issued a number of advisory opinions and interpretive bulletins on “economically targeted investments” (ETIs). These investments are generally defined as…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Governance Standards

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Polish Gambling Market on the Eve of Revolution

On July 20, the Polish government adopted a draft amendment to the Polish Gambling Act (“Draft Amendment”). The Draft Amendment was notified to the European Commission and until October 31, 2016, awaits comments and…more

European Commission, Gambling, Online Gaming, Poland, Slot Machines

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Swaps Compliance Training and Testing Due 31 January 2021

INTRODUCTION- By a Notice to Members dated 5 January 2021, the National Futures Association (NFA), the self-regulatory organization for the U.S. derivatives industry, reminded NFA members that their associated persons who are…more

Compliance, Investment Funds, NFA, Proficiency Testing, Swaps

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Eye on the Election: Potential Impact on Tax Incentives for Power and Related Industries

There is little doubt that the outcome of the 3 November federal election will be consequential for much of America, and that the consequences are likely to be very different depending on who sits in the Oval Office and the…more

Carbon Emissions, Clean Energy, Electric Vehicles, Energy Storage, Infrastructure

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Water Regulation in the Western States: California's 2023 Legislative Proposal Highlights

An ongoing, historic drought in California has compelled California state legislators to rethink the state’s long-standing treatment of water rights. While the recent heavy snowpack and wet spring and summer have alleviated the…more

California, Drought, Groundwater, Legislative Agendas, Water

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Impact of Brexit on UK FinTech

In this insight we consider the current and potential effect of Brexit on the UK’s FinTech industry across areas including regulation and passporting, data sharing, anti-money laundering, human capital, the role of banks, London…more

Anti-Money Laundering, EU, EU-US Privacy Shield, Financial Conduct Authority (FCA), FinTech

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Executive Order Directs Federal Agencies to Reconsider Federal Initiatives Focused on Greenhouse Gas Emissions and Climate Change

President Donald Trump signed an Executive Order on March 28, 2017, entitled “Promoting Energy Independence and Economic Growth” (“Order”), which is designed to prompt reconsideration, and in some cases revocation, of the Obama…more

Climate Change, Department of the Interior, Environmental Protection Agency (EPA), Executive Orders, Greenhouse Gas Emissions

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UAE Expected to Issue Draft Law on Corporate Tax and VAT

Although the United Arab Emirates (“UAE”) currently has Emirate level tax legislation in place, taxation has, to date, generally only applied to the oil and banking sectors. The last decade has seen the member states of the Gulf…more

Banking Sector, Corporate Taxes, GDP, Member State, Oil & Gas

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Workplace Reform Rolls on… Again

The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill…more

Arbitration, Australia, Compliance, Employees, Employer Liability Issues

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How Will Exploration and Production Companies Weather the Storm of 2016?

On December 31, 2014, when the price of West Texas Intermediate crude oil dropped 50% from summer prices that year to just under $55.00 per barrel, experts predicted there would be a flurry of industry restructurings; but no one…more

Chapter 11, Commercial Bankruptcy, Crude Oil, Debt Restructuring, Energy Sector

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PFAS Regulation Continues to Take Center Stage: EPA Releases Final Drinking Water Standards

On Wednesday, 10 April 2024, the US Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulations (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This came one day after…more

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Design Life Warranties and Fitness for Purpose in Construction Contracts: the Position in Australia and England

Originally published in Australian Construction Law Bulletin Volume 27 No 8 to 9 from page 126. 1. Introduction - Although Australian construction contracts quite commonly provide for design life warranties in respect…more

Australia, Construction Contracts, Construction Industry, Contractors

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Litigation Minute: New Year's (Dispute) Resolutions - A Look Ahead at Litigation Trends in 2023

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As we enter into 2023, our team is focused on our own list of resolutions. Like traditional goals for the new year, our priorities revolve around well-being, productivity, and personal…more

Climate Change, Dispute Resolution, Environmental Litigation, Environmental Social & Governance (ESG), Web Tracking

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Do Not Cut and Paste - Why Your Company Needs Tailored Social Media Policies and Procedures

The advent of social media has changed the way we communicate with the world. Companies and individuals alike now have powerful and unmediated platforms from which to broadcast any information they choose. This widespread use of…more

Employment Policies, NLRA, Policies and Procedures, Social Media, Social Media Policy

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The Australian Regulatory Landscape for the Advertising and Promotion of Gambling in Sports

The sports betting market continues to expand in Australia with strong competition between domestic and international betting agencies. The Australian market recently saw the entrance of bet365 in 2012 and subsequently of…more

Australia, Gambling, New Regulations, Proposed Regulation, Sports

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SEC Adopts Final Rules for Cybersecurity Disclosures

Companies will soon face new reporting requirements with respect to cybersecurity incidents and governance after the US Securities and Exchange Commission (SEC) adopted final rules on 26 July 2023. The final rules supplement…more

Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Form 10-K

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The False Claims Act and Health Care: 2021 Recoveries and 2022 Outlook

In a significant departure from the general downward trend in False Claims Act (FCA) civil fraud recoveries over the past half-decade —and as predicted last year —recoveries in Fiscal Year (FY) 2021 drastically increased…more

Department of Justice (DOJ), Enforcement Actions, Enforcement Statistics, False Claims Act (FCA), Fraud

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The Eleventh Circuit Revives an ADA Website Accessibility Complaint Alleging Nearly Identical Issues Covered in a Prior Settlement Agreement

The Eleventh Circuit’s recent opinion in Haynes v. Hooters of America, LLC has provided momentum to plaintiff’s attorneys filing website accessibility lawsuits under the Americans with Disabilities Act (“ADA”)…more

Americans with Disabilities Act (ADA), Public Accommodation, Title III, Website Accessibility, Website Owner Liability

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Litigation Minute: The Lifecycle of Beauty Packaging (Beauty and Wellness Series: Part Three of Three)

What You Need To Know In A Minute Or Less - For both consumers and producers, the recent seismic shifts in packaging—from materials to circularity advertising—have been hard to miss. The past few years have introduced several…more

Brand, Consumer Product Companies, Federal Trade Commission (FTC), Green Guides, Manufacturers

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The Energizer – Volume 88

NJ BPU Issues Proposal to Replace Solar Incentive Program - On 7 April 2021, the New Jersey Board of Public Utilities released a straw proposal outlining details of the state’s solar incentive successor program. New Jersey’s…more

Carbon Capture and Sequestration, Carbon Emissions, Electric Vehicles, Energy Sector, Energy Storage

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Pennsylvania Superior Court Applies a Stricter Burden of Proof to Enforce "Browsewrap" Arbitration Clauses, Departing From Other Jurisdictions

On 19 July 2023, the Pennsylvania Superior Court established a set of requirements for companies that rely on “browsewrap” agreements in order to secure consumers’ consent to arbitration. In a departure from other courts that…more

Arbitration, Arbitration Agreements, Browsewrap Agreement, Dispute Resolution

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Global Survey of ESG Regulations for Asset Managers

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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The International Chambers of the Paris Courts: A Flexible and Efficient Approach to Resolve International Commercial Disputes

The Paris courts feature international chambers (“International Chambers”) that offer litigants attractive conditions for the resolution of their international commercial disputes: - Inexpensive application fee (maximum…more

Arbitration, EU, France, International Arbitration, International Litigation

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Higher Court Fees as a Part of the Proposed “Great Reform of Civil Proceedings” in Poland

The Minister of Justice in his speech regarding the “great reform of civil proceedings” announced among other things, a reduction or even liquidation of court fees in certain types of civil proceedings…more

Fees, Litigation Fees & Costs, Poland

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Global Survey of ESG Regulations for Asset Managers

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Whistleblowing: Upcoming Obligations for Companies

As is well known to many, the EU Directive no. 2019/1937 required EU member states to fully regulate whistleblowing procedures. Whistleblowing: What is it About? The term whistleblowing commonly refers to the disclosure by an…more

Confidentiality Policies, Employer Responsibilities, EU, European Commission, Noncompliance

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SEC Whistleblower Program Achieves Critical Mass with $30 Million Payout and Award to Compliance/Internal Audit Professional

Two recent Dodd-Frank whistleblower awards suggest that the program is becoming the kind of “game changer” for law enforcement that many had predicted. The program, which took effect in August 2011, mandates the payment of…more

Dodd-Frank, Foreign Nationals, Securities and Exchange Commission (SEC), Whistleblower Awards, Whistleblowers

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Start the New Year on the Right Foot by Getting Your ISO and ESPP Returns and Statements Filed on Time

Reporting Requirements - Section 6039 of the Internal Revenue Code requires corporations to file information returns with the Internal Revenue Service (IRS) and provide information statements to current and former employees for…more

Employee Stock Purchase Plans, Incentive Stock Options, Internal Revenue Code (IRC), IRS, ISOs

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Taking Out the "Junk": New Jersey Supreme Court Adopts Daubert “Factors” in Landmark Decision on Scientific Evidence

Although it stopped short of declaring New Jersey a “Daubert jurisdiction,” the New Jersey Supreme Court recently issued a landmark decision reinforcing the “rigorous” nature of the “gatekeeping role” that trial courts are…more

Admissibility, Corporate Counsel, Daubert Standards, Evidence, Expert Testimony

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Executive Order Requires Disclosure of Labor Violations

Employers doing business with the federal government must now jump through additional hoops. In yet another example of the executive branch pursuing its agenda outside of the legislative process, President Obama signed Executive…more

Arbitration, Disclosure Requirements, Discrimination, Employee Rights, Executive Orders

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No (More) Bites at the mRNA Apple: Pfizer and BioNTech Seek Declaratory Judgment of Noninfringement Relating to Their COVID-19 Vaccine in New Suit

On 25 July 2022, BioNTech SE and BioNTech Manufacturing GmbH (collectively, BioNTech) and Pfizer Inc. (Pfizer) (collectively, Plaintiffs) filed suit1 in the District of Massachusetts against CureVac AG (CureVac or Defendant)…more

Intellectual Property Litigation, Patent Infringement, Patent Litigation, Patent-in-Suit, Patents

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SECURE 2.0 Act Legislation Includes Significant Changes to Individual Retirement Accounts

Late last year, Congress enacted a sweeping set of new retirement savings rules. The SECURE 2.0 Act of 2022 (SECURE 2.0), included as part of the Consolidated Appropriations Act, 2023, builds on the significant retirement…more

Consolidated Appropriations Act (CAA), Excise Tax, Individual Retirement Account (IRA), Required Minimum Distributions, Retirement

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Supreme Court of Florida Amends Rule 1.280 to Add Apex Doctrine to Corporate Officials

On 26 August 2021, the Supreme Court of Florida (the Court), on its own motion, issued an opinion amending Florida Rule of Civil Procedure 1.280 (the Opinion). The amendment officially codifies the common-law “Apex Doctrine” and…more

Apex Doctrine, FL Supreme Court, Florida, Litigation Strategies

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The Department of Treasury and IRS Recognize All Legal Same-Sex Marriages

On August 29, 2013, the U.S. Department of Treasury and Internal Revenue Service (“IRS”) issued Revenue Ruling 2013-17 providing that legally married same-sex couples will be treated as married for Federal tax purposes…more

DOMA, IRS, Marriage, Same-Sex Marriage, SCOTUS

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New Arbitration Law in Luxembourg

On 23 March 2023, the Luxembourg Parliament voted to modernize and update the arbitration law, applicable to arbitrations seated in Luxembourg. The long-awaited new law entered into force on 25 April 2023 (the New Arbitration…more

Arbitration, Asset Management, EU, Luxembourg

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Recent Development in Expert Evidence: The English Court Provides Guidance on Experts' Conflicts of Interests and Highlights the Potential Pitfalls in the use of Financial Damages Models

This alert considers two recent English court judgments providing important guidance impacting expert evidence, first as regards conflicts of interest and, second, as regards the risks of an award being challenged for serious…more

Arbitration Awards, Conflicts of Interest, Expert Witness, International Arbitration, UK

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Proposed Regulations Provide Welcome Guidance for 20% Pass-Through Deduction

Among the more noteworthy changes made by the Tax Cuts and Jobs Act of 2017 was the creation of Code Section 199A, which grants a deduction to owners of certain pass-through businesses (i.e., sole proprietorships, partnerships,…more

Business Taxes, Pass-Through Entities, Proposed Regulation, Tax Cuts and Jobs Act, Tax Deductions

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Working Wise: Psychosocial Risk and Regulation – A Global Overview

K&L Gates partners Dominic Fleeton, Dylan G. Moses, and David C. Lindsay compare and contrast the approaches to regulating and enforcing the management of psychosocial risks and hazards in Australia, the United Kingdom, and the…more

Employer Liability Issues, Employment Policies, Hiring & Firing, International Labor Laws, Psychological Injuries

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Hostile Investments Defense System – The Newly Adopted Polish Act On Control Over Certain Investments

On August 5, 2015, the President of the Republic of Poland signed a new act on control over certain investments dated July 24, 2015 (Journal of Laws of 2015, item 1272). The purpose of the new act is to take the opportunity to…more

Ammunition, Critical Infrastructure Sectors, Energy Sector, Energy Storage, EU

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2024 Tax and Estate Planning Opportunities

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

Estate Planning, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Inheritance Tax

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World Bank Publishes New Findings on Doing Business in Africa

The World Bank has recently released the 2015 edition of its annual Doing Business report. This publication is significant for businesses considering expansion in Africa because it signals which countries may be poised to…more

Africa, Economic Development, Emerging Markets, World Bank

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Supreme Court Limits Shareholder Suits based on "Pure Omissions" in Corporate Disclosures

On Friday, 12 April 2024, the United States Supreme Court unanimously ruled that a corporation’s failure to disclose certain information about its future business risks, without more, cannot form the basis of a private…more

Asset Management, Environmental Social & Governance (ESG), Investors, Oil & Gas, Publicly-Traded Companies

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Enactment of New Companies Legal Regime in the DIFC

On 12 November 2018, the Dubai International Financial Centre (the “DIFC”) enacted several new laws, which overhaul the legal framework applicable to companies incorporated or registered in the DIFC…more

Beneficial Owner, DFSA, DIFC, Dubai, Mergers

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Indonesia’s Next Steps in Islamic Finance

Indonesia, the world’s most populous Muslim nation, is currently taking action, at both the local and international levels, to distinguish the country in the global Islamic finance markets. Originally published in the…more

Banking Sector, Financial Institutions, Foreign Investment, Indonesia, Islamic-Compliant

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The UK National Security Regime Wets Its Feet: UK Government Publishes New Guidance

The National Security and Investment Act 2021 (NSI Act) came into force on 4 January 2022 and represented a brand new regime for the review of transactions with potential national security implications for the United Kingdom…more

Foreign Investment, Merger Controls, Mergers, National Security, UK

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Gentle Reminder: DSA Obligations Will Apply to Online Intermediary Services Starting 17 February 2024

It has been some time already since the EU Digital Services Act (Regulation 2022/2065, DSA) was published, and since then, the discussions about Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs)…more

Compliance, Data Protection, Digital Marketplace, Digital Service Providers, Digital Services

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Arbitration in Asia Mini-series: The Shanghai Outlook

As part of a mini-series exploring arbitration in Asia, Ian Meredith (K&L Gates, London) speaks with Dr. Mingchao Fan, the Executive Vice President of the Shanghai Arbitration Commission (the Commission), regarding arbitrations…more

Arbitration, Arbitration Agreements, Asia, Business Disputes, China

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Practical Takeaways for Employers from the Supreme Court Affirmative Action Decision

On 29 June 2023, the US Supreme Court issued its decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, and reversed the longstanding rule that race can be considered as a plus factor among…more

Affirmative Action, College Admissions, Diversity, Educational Institutions, Equal Employment Opportunity Commission (EEOC)

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Gentle Reminder: DSA Obligations Will Apply to Online Intermediary Services Starting 17 February 2024

It has been some time already since the EU Digital Services Act (Regulation 2022/2065, DSA) was published, and since then, the discussions about Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs)…more

Compliance, Data Protection, Digital Marketplace, Digital Service Providers, Digital Services

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The Limited Liability Company and Bankruptcy Code

This K&L Gates Legal Insight highlights certain potential bankruptcy and insolvency issues that clients and legal practitioners should take into account when forming a limited liability company (“LLC”) under state law. These…more

Assignments, Executory Contracts, Insolvency, Ipso Facto Clauses, Limited Liability Company (LLC)

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Is a Lender "Worthy" of Direct Payment on Accounts Receivable Owing to Its Debtor? The New York Court of Appeals Settles This Question.

A recent New York Court of Appeals case, Worthy Lending LLC v. New Style Contractors, Inc., highlights the importance of maintaining best practices in transactions where the lender takes a security interest in the borrower’s…more

Best Practices, Borrowers, Debtors, Financial Services Industry, Lenders

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Ninth Circuit Finds That Costco Is Not Just a Retailer, but Actively Competes With Wholesalers With Respect to Robinson-Patman Price Discrimination Claims

Price discrimination under the Robinson-Patman Act (RPA) involves charging different prices to competing buyers for the same product. This was the key issue recently before the Ninth Circuit in U.S. Wholesale Outlet & Distrib…more

Costco, Price Discrimination, Retail Market, Retailers, Robinson-Patman Act

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COVID-19: Business Impacts on Franchisors - Overview and Analysis

The World Health Organization (“WHO”) declared the coronavirus (“COVID-19”) a global pandemic on March 11, 2020. In less than a week after the declaration from WHO, the COVID-19 pandemic has caused the closure of fitness club…more

Coronavirus/COVID-19, Franchise Agreements, Franchise Laws, Franchises, Franchisors

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Proposed Amendments to the Corporate Governance Principles

In August last year, the Australian Securities Exchange (ASX) Corporate Governance Council (Council) undertook a review of the Corporate Governance Principles and Recommendations (Recommendations) in response to the corporate…more

Annual Meeting, Annual Reports, ASX Listing Rules, Corporate Governance

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Preserving Integrity in Australian Sport

The Government's Response to the Wood Review - The Commonwealth Government has recently announced landmark sports regulatory reforms in an effort to tackle the growing global threat to the integrity of sport…more

Anti-Doping Issues, ASADA, Australia, Doping, Sports

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EPA Releases New Tool to Analyze Costs of Complying With a State-Proposed No Discharge Zone, But It Carves Out Capital Costs From the Analysis

The U.S. Environmental Protection Agency (EPA) recently announced a new policy that it intends to use in considering costs imposed by No Discharge Zones (NDZs) under §  312(f)(3) of the Clean Water Act (CWA). Calling this policy…more

Clean Water Act, Discharge of Pollutants, Environmental Protection Agency (EPA), Transportation Industry, Vessels

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The European Commission Announces Five New Initiatives in Its Economic Security Package

On 24 January 2024, the European Commission (Commission) published its Economic Security Package, which introduces five new initiatives with the aim to increase the European Union’s economic security, including: The proposal for…more

EU, European Commission, Export Controls, Foreign Direct Investment, Policies and Procedures

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Congress Enacts Major Expansion of Capital Construction Fund, Creating New Opportunities for Marine Financing of Jones Act Vessels

The FY 2023 National Defense Authorization Act (NDAA) includes language that makes significant changes to the Capital Construction Fund (CCF), expanding the vessels eligible for CCF to include those engaged in the domestic or…more

CCF, Foreign Jurisdictions, NDAA, Vessels

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US Asset Management Regulatory Year in Review 2023

It is a dramatic understatement to describe 2023 as a busy year in the United States for asset management regulation. With 24 rules adopted and 18 new rules or rule amendments proposed, the US Securities and Exchange Commission…more

Asset Management, Beneficial Owner, Capital Markets, Compliance, Digital Assets

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Litigation Minute: Avoiding Uncertainty in Material Adverse Effect Clauses (Deal Litigation Series: Part Three of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Material Adverse Effect (MAE) or Material Adverse Change (MAC) clauses are common in merger and acquisition (M&A) agreements. They allow a buyer to opt out of a deal if some…more

Acquisition Agreements, Acquisitions, Dispute Resolution, Material Adverse Change Clauses (MACs), Material Adverse Effects

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To Moot or Not to Moot: The Seventh Circuit’s Tender Doctrine Offers a Potentially Powerful Tool for Class Action Defendants

Defending a putative consumer class action in a federal district court within the Seventh Circuit? Has the named plaintiff filed a motion for class certification yet? If not, Seventh Circuit jurisprudence provides a powerful…more

Class Action, Class Certification, Corporate Counsel, Putative Class Actions

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Practical Advice for Protecting Trade Secrets

What You Need to Know in a Minute or Less - When people hear “intellectual property,” they often think first of patents, trademarks, and copyrights. Trade secrets are a fourth type of intellectual property that are critical to…more

Confidential Information, Confidentiality Agreements, Employee Training, Information Security, Intellectual Property Protection

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Energy Storage Handbook Vol. 2

Designed as a basic primer on what energy storage is, how it is regulated and what sorts of issues are encountered when such projects are financed and developed, the Handbook is intended to highlight the most common regulatory…more

Electricity, Energy Efficiency, Energy Market, Energy Sector, Energy Storage

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EPA Releases New Framework Addressing New PFAS and New Uses of PFAS in the Market

On Thursday, 29 June 2023, the US Environmental Protection Agency (EPA) announced a new framework (Framework) that will impact manufacturers across the country. The Framework lays out a new process for reviewing and assessing…more

Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers, PFAS, Risk Management

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Amgen v. Sandoz - New Developments in Biosimilars Litigation

INTRODUCTION & BACKGROUND - On May 8, 2019 in Amgen, Inc. v. Sandoz International GmbH, the Federal Circuit Court affirmed the district court’s judgment, concluding that the district court correctly construed the claims and…more

aBLA, Biosimilars, Food and Drug Administration (FDA), Noninfringement, Patent Infringement

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A Court of Justice of the European Union Ruling Declared That Provisions of the Commercial Companies Code Restrict the Freedom of Economic Activity

The provisions of the Commercial Companies Code (Commercial Companies Code Act of September 15, 2000, Code of Commercial Companies, uniform text in Journal of Laws of 2017, item 1577, hereinafter referred to as: “CCC”) do not…more

Cross-Border, Cross-Border Transactions, EU, Limited Liability Company (LLC), Mergers

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International Arbitration and the Singapore International Arbitration Centre

International arbitration is widely accepted as a preferred method of resolving cross-border commercial disputes, whether on a stand-alone basis or in conjunction with other alternative dispute resolution methods, including…more

Arbitration, Arbitration Awards, Dispute Resolution, International Arbitration, SIAC

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Seven Years in the Making: The SEC Finally Adopts Final Clawback Rules

Overview - On Wednesday, 26 October 2022, the U.S. Securities and Exchange Commission (the SEC), in a 3-2 vote, adopted final rules directing listing exchanges to require listed companies to establish, disclose, and enforce…more

Clawbacks, Executive Compensation, Reporting Requirements, Securities and Exchange Commission (SEC)

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Anche la start-up innovativa può essere soggetta a fallimento

Nel novero delle molteplici norme e misure di favore previste per le start-up innovative dal nostro ordinamento, la non assoggettabilità di quest’ultime al fallimento sancita dall’articolo 31 del Decreto Legge 18 ottobre 2012,…more

Business Development, Commercial Bankruptcy, Corporate Governance, Debt, Innovation

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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Milk, Batteries, Healthy Snacks, two Cartels and a Coffin: The ACCC Enforcement Shopping List

IN BRIEF - The Chair of the Australian Competition and Consumer Commission (ACCC), Rod Sims, has announced the ACCC's 2020 compliance and enforcement priorities…more

Australia, Australian Competition and Consumer Commission (ACCC), Cartels, Competition

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Dialing for Dollars: US Department of Justice Announces New Whistleblower Pilot Program

On 7 March 2024, the US Department of Justice (DOJ) announced that it is launching a new whistleblower pilot program designed to reward individuals who report acts of significant corporate misconduct or financial wrongdoing (DOJ…more

CFTC, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Pilot Programs

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COVID-19: State Law Telehealth Update: State Licensure Requirements Persist, Permissible Telehealth Modalities Generally Expand, and Insurance Parity Laws Ensure Reimbursement

As the explosion of telemedicine continues during and, as many expect, after the COVID-19 public health emergency, state laws and regulations that affect the delivery of telemedicine services continue to expand and contract. In…more

Coronavirus/COVID-19, Executive Orders, Health Care Providers, Interstate Compacts, Licensing Rules

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Health and Safety Sentencing Guidelines – Emerging Trends One Year On

Since the new Health and Safety Sentencing Guidelines (the “Guidelines”) were implemented in February 2016, a series of headline-making fines have been handed out by the Health and Safety Executive (the “HSE”). Balfour…more

Health and Safety, Sentencing, Small and Medium-Sized Enterprises (SMEs), UK, Workplace Safety

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UK and EU Sanctions Update–April 2024

The following alert provides an update on recent sanctions developments, including: The publication of the UK government’s first sanctions strategy. The announcement of over 50 new sanctions. Measures to strengthen the Oil…more

Asset Freeze, Economic Sanctions, EU, Export Controls, Exports

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Why You Should Care About the House Republican Tax Reform Blueprint

While you’re thinking about that beach getaway this summer, Chairman Brady’s staff on the Ways and Means Committee is beginning the work of vetting the House Republican Tax Reform Blueprint (the “Blueprint”) with stakeholders…more

Presidential Elections, Tax Reform, Trump Administration

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New York’s Highest Court Issues a Noteworthy Decision, Rejecting “Pro Rata” Allocation in the Asbestos Bodily-Injury Context

On May 3, the New York Court of Appeals unanimously held that an “all-sums” method of allocation should be used to apportion liability among excess insurers based on the policy language at issue in the case. Contrary to…more

Asbestos Litigation, DE Supreme Court, Horizontal Exhaustion Doctrine, Insurance Industry, Insurance Litigation

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With CCPA Looming on the Horizon, Congress Continues Its Push for Privacy Legislation

Those hoping California lawmakers might delay or significantly narrow the scope of the California Consumer Privacy Act (“CCPA”) before it takes effect on January 1, 2020, were disappointed last week, when the legislature…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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After the Election: What Can and Will Get Done?

The Biden-Harris transition is in full swing. President-elect Biden has started announcing Cabinet positions, and key staff and agency teams are soliciting input as they work feverishly to put together personnel, policies, and…more

Appropriation, Biden Administration, Climate Change, Coronavirus/COVID-19, Infrastructure

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The Start of Something Big? PTAB Issues First PGR Final Decisions

Post Grant Review (“PGR”) is a Patent Trial and Appeal Board (“PTAB”) proceeding established under 35 U.S.C. § 321 that permits the PTAB to review the patentability of claims in a patent based on any grounds under 35 U.S.C. §…more

America Invents Act, Obviousness, Patent Trial and Appeal Board, Patent-Eligible Subject Matter, Post-Grant Review

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Amendment to Commercial Registration Ordinance, Effective on October 1, 2016, Requires Japanese Companies to Attach a “Shareholders List” to Corporate Registration Applications

On April 20, 2016, the ordinance amending part of the Commercial Registration Ordinance (the Ordinance of the Ministry of Justice No. 32 of 2016) (“Amended Ordinance”) was promulgated and will become effective as of October 1,…more

Japan, Ministry of Justice, Shareholders

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Supreme Court’s Perez Decision Shines the Light on Federal Agencies’ Authority to Use “Interpretations” (Often called Shadow Regulations) to Regulate Business

Over the last three decades, federal agencies have increasingly used “interpretations” to “explain” what a formal regulation means, rather than to go through the more expensive, complicated and slow process of changing the…more

Administrative Procedure Act, Energy Sector, Environmental Policies, Fair Labor Standards Act (FLSA), Interpretive Rule

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Delaware Supreme Court Shines a (Blurry) Spotlight on Director Compensation Decisions: In re Investors Bancorp, Inc. Stockholder Litigation

Delaware court decisions in recent years have led a number of companies to adopt stockholder-approved director compensation limits in order to benefit from the stockholder ratification defense, which can prove useful if director…more

Director Compensation, Directors, Ratification, Shareholder Litigation, Shareholders

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Litigation Minute: Bankruptcy Issues for Vendors and Other Contractual Counterparties

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Companies should anticipate the possibility that they will find themselves in a situation where a vendor, customer, or other contract counterparty commences a bankruptcy case pursuant…more

Automatic Stay, Bankruptcy Code, Executory Contracts, Supply Contracts, Vendors

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German Whistleblower Protection Act Enters into Force

On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels enabling employees to report certain…more

Employees, Employer Responsibilities, Germany, Whistleblower Protection Policies, Whistleblowers

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BTR Series Part 7: Residential Sector—Impacts on the Home Ownership Market and Other Sectors Such as Retirement Living

In Part 7 of our build to rent (BTR) Series, we take a look at the current BTR market in Australia and the potential impacts of BTR developments on the residential sector…more

Affordable Housing, Apartments, Australia, Homeowners, Housing Market

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United States Coast Guard Guidance May Encourage Use of Liquefied Natural Gas as a Marine Fuel

On February 25, 2015, the United States Coast Guard (USCG) published two final policy letters on the use of liquefied natural gas (LNG) as a marine fuel. Released in draft form in February 2014, the policy letters address…more

Coast Guard, Final Rules, Liquid Natural Gas, Oil & Gas, Vessels

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Controversy Surrounds EEOC’s Pregnancy Discrimination Guidance

On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued its controversial Guidance on Pregnancy Discrimination and Related Issues, discussing pregnant employees’ rights under the Pregnancy Discrimination…more

Americans with Disabilities Act (ADA), Best Management Practices, Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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The Eyes of Texas are upon a Subsurface Trespass Case

The Texas Supreme Court is now poised to decide whether subsurface migration of fluids from an approved injection well may constitute an actionable trespass under Texas common law. Recently accepting a petition for review in…more

Energy Sector, Fracking, Mineral Extraction, Natural Resources, Oil & Gas

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Unfair Contract Terms Regime to Protect Small Business

On 24 June 2015, the Federal Minister for Small Business, the Hon Bruce Billson MP, introduced the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 (Bill) into Parliament which will extend the…more

Australia, Contract Drafting, Contract Negotiations, Contract Terms, Proposed Amendments

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Recognition and Enforcement of Court Judgments Between Hong Kong and China: A Review of the 2019 Arrangement

On January 18, 2019, Hong Kong and China signed the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative…more

China, Corporate Counsel, Final Judgment, Foreign Judgments, Hong Kong

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COVID-19: Protecting Critical Health Resources to Prevent the Spread of COVID-19: President Trump’s Executive Order Gives HHS Secretary Azar Broad Supply Chain Authority

On Wednesday, President Trump issued an Executive Order (“E.O.”) granting broad control to U.S. Health and Human Services (“HHS”) Secretary Alex Azar over the production and distribution of health resources needed to prevent the…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Executive Orders, Infectious Diseases, Supply Chain

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Doing Business in Australia

Our comprehensive Guide to Doing Business in Australia, developed from the experience of our lawyers across our four key markets in Brisbane, Melbourne, Perth and Sydney, explores the many legal and regulatory factors to…more

Anti-Money Laundering, Australia, Board of Directors, Competition, Corporate Counsel

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Cannabis Banking: The SAFE Banking Act 2.0 Passes the House of Representatives

On 19 April 2021, the House of Representatives passed the “Secure and Fair Enforcement (SAFE) Banking Act of 2021”1 by a vote of 321-101. The bill was approved on a significantly bipartisan basis as 106 Republicans…more

Banking Sector, Marijuana, Marijuana Related Businesses, Recreational Use

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US Supreme Court Unanimously Adopts Heightened "Undue Hardship" Standard in Title VII Religious Accommodation Analysis

Overview - As of 29 June 2023, employers must modify their practices when evaluating requests for religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII), because “undue hardship” is no longer…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy, Religious Accommodation

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SEC Enforcement Targets Anti-Whistleblower Practices in Financial Firm's Release Agreements With Retail Clients

As the year gets underway, the Securities and Exchange Commission (SEC or Commission) is continuing its ongoing enforcement efforts to target anti-whistleblower practices by pursuing a broader range of entities and substantive…more

Cease and Desist, Civil Monetary Penalty, Compliance, Confidentiality Agreements, Enforcement Actions

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Washington Consumer Protection Act Held Available to Out-of-State Consumers

Non-Washington consumers may bring a CPA claim against Washington businesses and against non-Washington businesses operating through Washington agents. A Washington nexus is still required, and agency remains a question of fact…more

Civil Claims, Consumer Protection Act, Non-Residents, Unfair or Deceptive Trade Practices, WA Supreme Court

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Unprecedented Maine Supreme Court Reversal - A Huge Win for Maine Mortgage Lenders

Not often do courts explicitly reverse their own precedent, especially when that precedent was a unanimous 7-0 opinion issued only a few years earlier. But that is precisely what happened last week when the Supreme Judicial…more

Borrowers, Consumer Lenders, Financial Services Industry, Foreclosure, Mortgage Lenders

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Employment Law Developments that will Impact the Health Care Industry in 2021

The impact of COVID-19 on the health care industry can hardly be overstated. Numerous important employment law developments occurred in 2020 related to COVID-19 that impacted the industry, including guidance on mandatory…more

Americans with Disabilities Act (ADA), Anti-Retaliation Provisions, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Labor (DOL)

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Full Court of Federal Court Revisits Moffet Decision – Independent Contractor Still Entitled to Superannuation

The Full Court of the Federal Court of Australia has recently handed down its decision in Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118. This decision again highlights potential risks, particularly with respect to…more

Australia, Employee Definition, Independent Contractors, Paid Leave, Superannuation

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[Webinar] Regulating AI: The Potential Impact of Global Regulation of Artificial Intelligence – Part II - December 7th, 10:00 am - 11:00 am SGT

This will be a panel discussion featuring a series of webinars that address the potential impacts of artificial intelligence (AI) regulations on business across the globe. Recent developments in general availability of AI and…more

Artificial Intelligence, Asia Pacific, Best Practices, Business Operations, Ethics

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Compliance Odyssey - Navigating the Cloud through Co-regulation and Codes of Conduct

In this episode, Thomas Nietsch, a partner in our Berlin office, sits down with Jelena Kljujic (Privacy Officer at Cisco, EMEA) and Gabriela Mercuri (Managing Director at Scope Europe) to discuss strategies for ensuring…more

Binding Corporate Rules, Cloud Service Providers (CSPs), Cloud Storage, Code of Conduct, Compliance

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Independent Review of Franchising Code – Final Report Released

The Australian Government has now released the Final Report of the Independent Review of the Franchising Code of Conduct (Code) submitted by Dr Michael Schaper. The Report contains a number of significant findings and…more

Australia, Code of Conduct, Franchise Agreements, Franchises

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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US Department of Justice Announces US$2.68 Billion in Fiscal Year 2023 False Claims Act Recoveries

On 22 February 2024, the US Department of Justice (DOJ) published its report (Report) announcing civil recoveries under the False Claims Act (FCA) for Fiscal Year (FY) 2023. The recoveries for FY 2023 exceeded US$2.68 billion,…more

Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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The Re-emergence of Art Market Tax Investigations and the Domestic Freeport as a Tax Safe Haven

On May 12, 2006, Manhattan District Attorney (DA) Robert M. Morgenthau announced that L. Dennis Kozlowski, former CEO of Tyco International, would pay US$3.2 million to settle charges of avoiding sales tax on 12 paintings he…more

Art Dealers, Sales & Use Tax, Sales Tax, State Taxes, Tax Fraud

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Environmental Law Update: Comment Period for Three Proposed Toxic Substances Rules to Close in March

In June 2016, then-President Barack Obama signed into law the first major revisions to the 1976 Toxic Substances Control Act (“TSCA”) in decades. The newly enacted Frank R. Lautenberg Chemical Safety for the 21st Century Act…more

Chemicals, Environmental Protection Agency (EPA), Lautenberg Act, Manufacturers, Toxic Chemicals

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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Silicon Valley Bank Collapse: Implications for Employers

UPDATE: SVB depositors are expected to be able to access their deposits on 13 March, 2023. We are closely watching developments on this topic. For more information, refer to this Joint Statement by the Department of the…more

Banking Sector, Banks, Employees, Fair Labor Standards Act (FLSA), Financial Institutions

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The SEC's New Private Fund Adviser Rules: A Guide to Compliance (Updated)

On 23 August, the US Securities and Exchange Commission adopted new rules and rule amendments that will impose substantial regulation on the management and operation of private funds by investment advisers. The Guide to…more

Asset Management, Audits, Compliance, Disclosure Requirements, Fund Managers

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Be Prepared: OFCCP Releases Three Initiatives in Three Days – Affirmative Action Verification, Two Other Major Announcements

OVERVIEW - Nearly nine months after a change in administration, the Office of Federal Contract Compliance Programs (OFCCP) has begun to set its course through a series of major initiatives announced within just a few days. …more

Affirmative Action, Corporate Counsel, Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), Federal Contractors

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COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - May 2021 #1

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have enacted…more

Coronavirus/COVID-19, Eviction, Foreclosure, Landlords, Moratorium

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PATH Act Presents Opportunities for Tax-Efficient Non-U.S. Investment in U.S. Real Estate

On December 18, 2015, President Obama signed into law the Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act”). Among its numerous revisions to federal tax law, the PATH Act significantly amended various provisions…more

FIRPTA, IRS, Protecting Americans from Tax Hikes (PATH) Act, Real Estate Market, REIT

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COVID-19: (Australia) National Code of Conduct – Commercial Tenancies

*This information is accurate as of 11.00 am Tuesday 14 April 2020 and is subject to change as this situation evolves. On 7 April 2020, a National Code of Conduct (the Code) applicable to certain commercial tenancies that have…more

Australia, Code of Conduct, Commercial Leases, Landlords, Tenants

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The Supreme Court Rules the FAA Preempts Iskanian's Prohibition Against Arbitration of Individual Private Attorney General Act Claims

On 15 June, 2022, the Supreme Court of the United States (SCOTUS) delivered the 8-1 opinion in the matter Viking River Cruises, Inc. v. Moriana, which held that the California Supreme Court decision of Iskanian v. CLS…more

Arbitration, Arbitration Agreements, CA Supreme Court, Federal Arbitration Act, Iskanian v CLS Transportation

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Distressed Solutions: Representing Non-US Entities in US Bankruptcy Cases

U.S. Bankruptcy Courts present unique challenges for non-US entities. In this episode, Lee Hogewood (Raleigh), Sven Nylen (Chicago), and host Jeffrey Kucera (Miami) discuss how they have helped non-US entities overcome…more

363 Sales, Asset Purchaser, Bankrtupcy Confirmation Plans, Bankruptcy Code, Bankruptcy Court

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Quesada v. Herb Thyme Farms, Inc. The California Supreme Court Opens Up a New Front in the Food Wars

In a shot across the bow, the Supreme Court of California has put sellers of organic food products on notice that they may be subject to class action lawsuits for deceptive “organic” food labeling. Specifically, on December 3,…more

CA Supreme Court, Class Action, Food Labeling, Food Marketing, Organic

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Court Places Assets in the Freezer

The Supreme Court of Western Australia has recently made a freezing order in the matter of Trans Global Projects Pty Ltd (In Liquidation) (TGP) v Duro Felguera Australia Pty Ltd (Duro) [2018] WASC 136…more

Arbitration, Asset Freeze, Australia

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NSW Supreme Court Considers Inherent Risk and Peer Professional Opinion in Bariatric Surgery Case Polsen v Harrison (No. 8)

On 6 July 2023, Lonergan J found in favour of Dr Harrison (Defendant), in a complex bariatric surgery case brought by Katrina Polsen (Plaintiff). A full decision can be read here. BACKGROUND - On 22 July 2013, the Plaintiff…more

Australia, Evidence, Medical Malpractice, Negligence, Surgery

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Seven Years in the Making: The SEC Finally Adopts Final Clawback Rules

Overview - On Wednesday, 26 October 2022, the U.S. Securities and Exchange Commission (the SEC), in a 3-2 vote, adopted final rules directing listing exchanges to require listed companies to establish, disclose, and enforce…more

Clawbacks, Executive Compensation, Reporting Requirements, Securities and Exchange Commission (SEC)

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Court of Chancery's Increased Scrutiny of Non-Bankruptcy Liquidations

Background - Delaware has seen a significant uptick in the number of assignment for the benefit of creditors (ABC) filings. Through recent decisions, the Court of Chancery has sent a strong message that it expects parties…more

Bankruptcy Code, Creditors, Delaware, Disclosure Requirements, Dispute Resolution

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Iran sanctions relief: what does it mean for businesses in the Middle East?

On January 20, 2014, the U.S. Department of the Treasury and U.S. Department of State issued guidance implementing the Joint Plan of Action (“JPOA”) entered into by the United States, the United Kingdom, France, Russia, the…more

Foreign Policy, Iran, Iran Sanctions, Middle East, U.S. Treasury

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Fashion Law Newsletter - March 2018

Style is something each of us already has, all we need to do is find it." – Diane von Furstenberg Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion…more

Australia, Brand, Cybersquatting, Domain Names, Fashion Branding

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Court Says Refinancing Lender Can’t Get No Satisfaction When Paying Down Existing Lender’s HELOC

Loan servicers often receive payments on open-end home equity lines of credit (“HELOC”) that pay the balance down to $0. Sometimes that is because the borrower intends to pay off the loan through a refinancing or sale of the…more

Borrowers, Deed of Trust, Home Equity Line of Credit, Lenders, Loan Servicer

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COVID-19: (Australia) Amendments to NSW Regulations for Commercial Leases

*This information is accurate as of 5.00pm on Friday 10 July and is subject to change as this situation evolves. In a previous alert, we addressed the National Code of Conduct. On 24 April 2020, the Retail and Other Commercial…more

Australia, Commercial Leases, Commercial Tenants, Lessee, Rent

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OCC Proposes Changes to Merger Review Process

Introduction - On 29 January 2024, the Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking (NPR) regarding its review of Bank Merger Act (BMA) applications. The NPR was released immediately…more

Banking Sector, Department of Justice (DOJ), FDIC, Federal Trade Commission (FTC), Financial Services Industry

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Déjà Vu All Over Again? Tax Reform in the 114th Congress

As we begin a new year and a new Congress, key players from one end of Pennsylvania Avenue to the other are on board for tax reform. President Obama, Vice President Biden, Senate Minority Leader Mitch McConnell (R-KY), Senate…more

Legislative Agendas, Obama Administration, Political Parties, Senate Finance Committee, Tax Reform

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Increased FARA Enforcement Is Here to Stay - A Debrief on ACI's Second National Forum on FARA

Increased Foreign Agents Registration Act (FARA) enforcement is here to stay. That is the consensus view of senior Department of Justice (DOJ) officials responsible for the statute’s administration and enforcement who appeared…more

Department of Justice (DOJ), Exemptions, Foreign Agents Registration Act (FARA), Foreign Governments, Investigations

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United States District Court for the Northern District of Illinois Grants Summary Judgment in “Manager of Managers” Excessive Fee Case

On March 13, 2018, the United States District Court for the Northern District of Illinois entered summary judgment for Harbor Capital Advisors, Inc. (“Harbor”) in consolidated actions brought under Section 36(b) of the…more

Arms Length Transactions, Excessive Fees, Fiduciary Duty, Gartenberg Factors, Investment Adviser

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The SEC's Modernized Marketing Rule for Investment Advisers

On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the final rule) to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Advisers Act) to modernize the regulation of investment…more

Advertising, Asset Management, Broker-Dealer, Form ADV, Investment Adviser

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Energy Storage Handbook 2022

The K&L Gates Power practice is pleased to present the latest edition of the Energy Storage Handbook. This handbook is an annually updated primer on what energy storage is, how it is regulated by U.S. federal and state…more

Batteries, Clean Energy, CPUC, Department of Energy (DOE), Electricity

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SEC Enforcement Action Cites Bank for Operating Collective Investment Funds as Unregistered Investment Companies: Key Takeaways for Banks and Advisers

Banks and trust companies maintaining collective investment funds (CIFs) took notice when the U.S. Securities and Exchange Commission (SEC) announced enforcement proceedings on 30 September 2020 against Great Plains Trust…more

Banks, Investment Adviser, Investment Company Act of 1940, Investment Funds, Investment Management

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Naming Names: Washington Supreme Court Holds That Public Employers Must Disclose the Names of Employees Being Investigated for Workplace Misconduct

On April 2, 2015, the Washington Supreme Court held that public employees under investigation for workplace misconduct cannot prevent their identities from being disclosed in response to a request for public records. The…more

Public Disclosure, Public Employees, Public Records, Public Schools, Records Request

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France's Financial Markets Authority Considers Its Options for Regulating Initial Coin Offerings

On 26 October 2017, France’s Financial Markets Authority, the “Autorité des Marchés Financiers” (“AMF”), published a discussion paper focusing on initial coin offerings (“ICOs”) that highlights the (many) dangers that arise from…more

AMF, Blockchain, Distributed Ledger Technology (DLT), France, Initial Coin Offering (ICOs)

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Asia-Pacific Signals Strong Commitment to Economic Integration and Cooperation with RCEP Signing

After eight years of negotiations, the Regional Comprehensive Economic Partnership (RCEP)—covering 15 economies in the Asia-Pacific region, accounting for 30 percent of the global population, 30 percent of global GDP, and 34…more

Asia Pacific, E-Commerce, Foreign Investment, Free Trade Agreements, Regional Comprehensive Economic Partnership (RCEP)

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Supreme Court Allows Eviction Moratorium to Run Its Course

On 29 June 2021, the Court by a 5-4 vote, denied an emergency request by a group of rental property managers and trade associations to lift the stay imposed by the D.C. Circuit regarding the constitutionality of the Centers for…more

Centers for Disease Control and Prevention (CDC), Eviction, Landlords, Moratorium, Rental Property

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Japan’s Ministry of Health Revisits Generics

The Ministry of Health, Labor and Welfare (MHLW) has announced a new policy regarding generic pharmaceuticals in an attempt to stem the rise of health care costs. Japan spends JPY50 trillion (of which approximately one fifth…more

Generic Drugs, Healthcare, Japan, Ministry of Health, Pharmaceutical Industry

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Litigation Minute: Protect Your Company Against Mass Arbitrations (Mass Arbitration Series: Part Four of Four)

What You Need to Know In a Minute or Less - As discussed in the first three editions of this Mass Arbitration series, little relief may be available once a company is caught in the mass arbitration trap…more

Arbitration, Class Action, Dispute Resolution

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SEC Adopts Amendments to Modernize Disclosures of Business, Legal Proceedings, and Risk Factors Under Regulation S-K

On 26 August 2020, the Securities and Exchange Commission (the Commission) adopted amendments to modernize certain disclosure requirements set forth in Regulation S-K. The amendments relate to the description of business (Item…more

Board of Directors, Capital Markets, Corporate Governance, Disclosure Requirements, Regulation S-K

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Sirius XM Radio, Inc. v. Hegar: Texas Supreme Court Rejects Comptroller Franchise Tax Apportionment Interpretation

In a much anticipated opinion addressing Texas franchise tax apportionment, the Texas Supreme Court ruled on 25 March 2022 in favor of the taxpayer, overturning a court of appeals decision that had upheld the Texas Comptroller’s…more

Apportionment, Comptroller, Franchise Taxes, SiriusXM, TX Supreme Court

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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NEC4 Update – May 2019

On 1 March 2019 the NEC published a revision to the NEC4 suite of contracts, first published in June 2017. Whilst generally focused on addressing typographical errors and/or terminology corrections, a more significant amendment…more

Construction Industry, Contractors, General Contractors, New Engineering Contracts (NEC Contracts)

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Equity Crowdfunding: Offering Fans a True Stake in Their Favorite Teams

We’ve all been there—that incredible moment when our favorite team is driving down the field for the go-ahead touchdown, has runners in scoring position in the bottom of the ninth inning, or has a penalty kick in the 89th…more

Baseball, Basketball, Corporate Issuers, Crowdfunding, Disclosure Requirements

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Japan's International Financial City Initiative Continues in Full Force, Aiming to Attract Foreign Managers with Licensing Exemptions and Financial Incentives

In November of 2021, Japan adopted two licensing exemptions aimed at assisting foreign asset managers who intend to open offices in Japan. This is another important step forward for Japan’s International Financial City…more

Exemptions, Financial Regulatory Agencies, Foreign Investment, Incentives, Investment Management

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President Obama Signs Federal GMO Law, Preempts Vermont Law

On July 29, 2016, U.S. President Barack Obama signed into law the first U.S. federal law requiring food manufacturers and distributors to label products that contain genetically modified organisms (“GMO”).[1] The law requires…more

Bioengineering, Disclosure Requirements, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Labeling

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Amendments to the Qatar Commercial Companies Law

The Qatar Commercial Companies Law Number 11 of 2015 (the Companies Law) has recently been amended by Law Number 8 of 2021 (the Amending Law). The Amending Law introduces significant changes to the Companies Law, enhancing the…more

Corporate Governance, Qatar

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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The Committee on Foreign Investment in the United States Sharpens Its Enforcement Edge: Proposed Regulatory Revisions Expand Penalty Authority

On 15 April 2024, the Treasury Department’s Office of Investment Security published a Proposed Rule to revise the regulations governing the Committee on Foreign Investment in the United States (CFIUS or the Committee). The…more

CFIUS, Civil Monetary Penalty, Enforcement, Foreign Acquisitions, Foreign Investment

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Purchase Price Adjustments in an M&A Transaction

Whether you are involved as the purchaser or seller in an M&A transaction, you should be aware of events that may trigger adjustments to the purchase price. WORKING CAPITAL ADJUSTMENTS - In a stock transaction, the…more

Balance Sheets, Contract Negotiations, Debt, Negotiations, Purchase Agreement

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Women's Quota on the Executive Board in Germany

The Second Leadership Positions Act (FüPoG II) aims to further develop the regulations for the equal participation of women in leadership positions. In the private sector, this will introduce a mandatory quota of women on…more

Corporate Executive Boards, Corporate Management, Diversity and Inclusion Standards (D&I), Germany, Leadership

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Connecticut Supreme Court Affirms Continuous Trigger and Unavailability Exception, Makes First-In-The-Nation Law Regarding Occupational Disease Exclusion

INTRODUCTION - Earlier this month, the Connecticut Supreme Court (the “Supreme Court”) finally issued its long-anticipated ruling regarding the Connecticut Appellate Court’s (the “Appellate Court”) landmark 2017 decision in…more

Employer Liability Issues, Insurance Industry, Insurance Litigation, Liability Insurance

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Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk

There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former'…more

Business Assets, Confidential Information, Former Employee, Intellectual Property Protection, Risk Mitigation

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GSEs Release Revised Framework for Origination Defects and Remedies — The Proof Will Be in the Execution

By recently releasing yet another revised representation and warranty framework, Fannie Mae and Freddie Mac continued their efforts to assuage the concerns of the lending industry that a default by a borrower poses an unfair…more

Banking Sector, Banks, Compliance, Consumer Lenders, Fair Housing Act (FHA)

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Breaking News – Full Federal Court Confirms Patentability of Isolated Genes

A five-judge bench of the Full Court of the Federal Court of Australia (Full Court) has today unanimously decided that Myriad Genetics Inc's (Myriad) patent covering the isolated BRCA1 gene (Patent) is patentable subject matter…more

Australia, BRCA, DNA, Genetic Materials, Myriad

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Comparative Negligence No Longer Bars Plaintiff From Award of Summary Judgment in New York

On April 3, 2018, a sharply divided Court of Appeals ruled that plaintiffs in comparative negligence cases do not need to show they are free of negligence to succeed on a summary judgment motion when determining a defendant’s…more

Comparative Negligence, Damages, Negligence, Summary Judgment

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AAA Amendments to the Commercial Arbitration Rules and Mediation Procedures

Effective 1 September 2022, the American Arbitration Association (AAA) has updated its Commercial Arbitration Rules and Mediation Procedures, representing their first revisions since 1 July 2013…more

American Arbitration Association, Arbitration, Commercial Arbitration, Mediation

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Better Late Than Never: The LSTA’s New Delayed Compensation Standard for Assignments of Par/Near Par Loans

In a long-awaited development, the delayed compensation standard for late settlement of par/near par loans is changing in important ways starting on September 1, 2016. On that date, the no-fault system for delayed compensation…more

Exchange-Traded Products, Financial Institutions, Investment Companies, Investment Company Act of 1940, Rule 22e-4

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FY2025 Budget Supports Biden Administration's Focus on Fairness in the Tax Code

Overview - On Monday, 11 March 2024, the Biden administration released the president’s budget request (PBR) for fiscal year 2025 (FY2025), as well as the “Greenbook” containing explanations of the various revenue proposals in…more

Biden Administration, Capital Gains, Excise Tax, Federal Budget, GILTI tax

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DEA Temporarily Extends COVID-19 Flexibilities for Controlled Substance Prescriptions via Telemedicine While Evaluating Permanent Rule Changes

Executive Summary - The Drug Enforcement Administration (DEA) issued a temporary rule (Temporary Rule), effective 11 May 2023, extending flexibilities regarding the prescribing of controlled substances via telemedicine that have…more

Controlled Substances, Coronavirus/COVID-19, DEA, Health Care Providers, Prescription Drugs

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Out With the Old, in With the New – SEC Scraps Swing Pricing Proposal, Removes Redemption Gates, and Mandates Liquidity Fees for Money Market Funds

In a surprising change, the SEC heeded the cacophony of opposition to swing pricing, but instead threw the industry a curveball by requiring mandatory liquidity fees for institutional prime and institutional tax-exempt money…more

Financial Markets, Investment Company Act of 1940, Investors, Liquidity Fees, Money Market Funds

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Litigation Minute: Litigation Holds in the Investment Management Industry

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Given the complexity of the transactions and arrangements involved, entities operating in the investment management industry face significant and unique obligations and risks,…more

Asset Management, Complex Litigation, Financial Services Industry, Investment Management

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Arbitration World - July 2014

Welcome to the 27th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Bilateral Investment Treaties, Conflict Resolution, Energy Reform

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Singapore's New Civil Justice Regime: Seven Likely Changes of Note and What They Mean in Practical Terms

A variety of reforms (draft amendments) have been proposed to Singapore’s Rules of Court (Rules), the procedural rules applicable to all litigants in Singapore. The draft amendments aim to enhance the efficiency of resolving…more

Arbitration, Dispute Resolution, Singapore

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COVID-19: Child Access in the Midst of the COVID-19 Pandemic: The Singapore Situation

On April 3, 2020, the Singapore government announced a series of new measures to combat the COVID-19 pandemic. This included a “Circuit Breaker” period from April 7 to May 4, 2020, to restrict movement and to promote social…more

Child Visitation, Coronavirus/COVID-19, Custody Agreements, Singapore

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ASIC Clarifies its View on Wholesale Classification of SMSFs…but are Things as Clear as They Seem?

On 8 August 2014, the Australian Investments and Securities Commission (ASIC) issued a media release – 14-191MR Statement on wholesale and retail investors and SMSFs (14-191MR), in which ASIC withdrew its previous view on the…more

ASIC, Australia, Investors

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Massachusetts Finalizes State Fiduciary Standard amid Regulation Best Interest

I. SUMMARY - On February 21, 2020, the Massachusetts Securities Division (the “Division”) officially adopted regulations (the “MA Fiduciary Rule”) that would raise the standard of conduct applicable to broker-dealers and…more

Duty of Care, Duty of Loyalty, Fiduciary Duty, Fiduciary Rule, NSMIA

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China Standard Contract That Impacts Transferring Personal Information From China

On 1 June 2023, new measures explaining the requirements for using the standard contract (China Standard Contract) mechanism to legally export personal information from China as well as the form of the “standard contract” came…more

China, Data Protection, Data Security, International Data Transfers, Personal Information

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FERC Interconnection Reform is Full Steam Ahead

On 21 March 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 2023-A, rehearing and clarifying its landmark generator interconnection reform final rule. Order No. 2023-A largely upheld the interconnections…more

Deadlines, Energy Projects, Energy Sector, Energy Storage, FERC

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District Court Shows Timeshare "Exit" Attorney the Exit

In May of 2022, a New Jersey District Court ruled in favor of Diamond Resorts, declining to find them liable under the Fair Credit Reporting Act. The case, Esperance v. Diamond Resorts, provides insight on how courts are…more

Credit Reports, Debt, Fair Credit Reporting Act (FCRA), Timeshare

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OHRP Provides Draft Guidance Regarding the Common Rule’s Public Health Surveillance Exclusion

On November 19, 2018, the U.S. Department of Health and Human Services, Office for Human Research Protections (“OHRP”) announced the availability of additional draft guidance related to a new exclusion from regulatory oversight…more

Clinical Trials, Institutional Review Board (IRB), Office for Human Research Protections (OHRP), Regulatory Oversight, Research and Development

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Should Job Applicants be Permitted to Use Artificial Intelligence?

As employers explore ways to use Artificial Intelligence (AI) within the bounds of existing and emerging legislation and guidance, and as government agencies, states, and municipalities seek to regulate AI in employment and…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Job Applicants

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New Nondiscrimination Requirements Under ACA Section 1557: Do You Have to Comply?

This summer, the U.S. Department of Health and Human Services (“HHS”) issued final regulations under Section 1557 of the Affordable Care Act (“ACA”), which impacts entities principally engaged in providing or administering…more

Affordable Care Act, Covered Entities, Department of Health and Human Services (HHS), Health Care Providers, Non-Discrimination Rules

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Federal Government Issues Advanced Release of Revised Building and Construction Code

The Federal Government has issued an advance release of its revised Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 (Revised Code), which will come into effect when the Building and Construction…more

Australia, Building Codes, Construction Industry

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USPTO Proposes Rulemaking to Implement Provisions of the Trademark Modernization Act of 2020

On 18 May 2021, the U.S. Patent and Trademark Office (USPTO) published a notice of proposed rulemaking concerning the Trademark Modernization Act of 2020 (TMA). The USPTO proposed to amend the rules to implement certain…more

Corporate Counsel, Trademark Modernization Act (TMA), Trademark Trial and Appeal Board, Trademarks, USPTO

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Director Identification Numbers Begin From November 2021

From November 2021, directors of Australian companies will need to apply for and verify their identity as part of a new statutory requirement for them to have a Director Identification Number (DIN). Applications for DINs will…more

Australia, Corporate Governance, Corporate Officers, Deadlines, Directors

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Dubai Court of Cassation Rules That an Arbitration Clause Extends to Subsequent Purchase Orders

In a recent judgment, the Dubai Court of Cassation in Case No. 828 of 2023 (Commercial) held that an arbitration clause in a contract extended to cover subsequent purchase orders…more

Arbitration, Dispute Resolution, Dubai, International Arbitration

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Full Federal Court Isolates Vague Notices and Tags Out Broad Stop Industrial Action Orders

A company is in protracted negotiations with its workforce and the union representing its employees in an effort to finalise a new enterprise agreement. The gridlock has had the consequence of employees organising themselves to…more

Australia, Fair Work Act, Fair Work Commission, Industrial Action

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Sharing Clinical Trial Data: A New Era in Life Sciences Has Begun

The European Medicine Agency’s (EMA) Policy on Publication of Clinical Data for Medicinal Products for Human Use (“EMA Policy”)is now effective as of January 1, 2015. Across the Atlantic, the U.S. Institute of Medicine (IOM)…more

Clinical Trials, Data-Sharing, Department of Health and Human Services (HHS), EU, Life Sciences

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EPA Finalizes Section 401 Water Quality Certification Improvement Rule

On 14 September 2023, the US Environmental Protection Agency (EPA) announced the release of the final Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule (the Rule). The Rule restores regulatory…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Water Quality

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Global Survey of ESG Regulations for Asset Managers

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Health Care Triage: 2021 Health Care Employment Law Year in Review and a Look Forward

In this episode, Lou Patalano, Jacqueline Hoffman, and Spencer Hamer discuss employment law and the health care sector. They give a review of highlights from 2021, as well as developments that will impact employment law and the…more

Coronavirus/COVID-19, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employer Mandates, Employment Policies

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Final Phase of Initial Margin Requirements for Uncleared Swaps to Be Delayed Until September 2021 for Most Market Participants–How to Manage Timelines and Expectations in Light of Recent Actions by Global Regulators

SUMMARY - Swap dealers (“SDs”) are required to post and collect initial margin (“IM”) for uncleared swaps with other SDs and counterparties that are financial end users with “material swap exposure” (“MSE”) in accordance with…more

CFTC, Major Swap Participants, Margin Requirements, Swap Dealers, Swaps

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Abu Dhabi Chamber of Commerce Launches New International Arbitration Centre With Updated Set of Rules

On 29 January 2024, the Abu Dhabi Chamber of Commerce launched a new arbitral institution called the Abu Dhabi International Arbitration Centre (Centre), branded as “arbitrateAD,” to replace the Abu Dhabi Commercial Conciliation…more

Arbitration, Arbitration Agreements, Dispute Resolution, International Arbitration, United Arab Emirates (UAE)

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UPDATE: FTC’s Proposed Amendments to the Magnuson-Moss Disclosure and Pre-Sale Availability Requirements

In October of 2015, President Obama signed into law the E-Warranty Act of 2015, an amendment to the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (the “Magnuson-Moss Warranty Act” or the “Act”), which updated…more

Disclosure Requirements, E-Warranty Act, Federal Trade Commission (FTC), Magnuson-Moss Act, Proposed Amendments

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Frequently Asked Questions About Net Neutrality

Net neutrality has been a contentious policy issue for many years. Like many such issues, it is subject to political spin, conflicting academic analyses, and industry and consumer group advocacy. As a result, much of the…more

Broadband, FCC, Internet Service Providers (ISPs), Net Neutrality

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NLRB Weakens Secret-Ballot Elections in Union Campaigns, Increasing Unionization Perils

On 25 August 2023, the Cemex decision by the National Labor Relations Board (NLRB or Board) upended 52 years of Board law that had previously enshrined the secret-ballot election as the default method for union certification…more

Collective Bargaining, Employee Rights, Employer Responsibilities, Labor Relations, NLRA

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New York Unwinds Some Burdensome Insurance Disclosure Obligations Imposed on Defendants by Amending the Comprehensive Insurance Disclosure Act

Policyholders can breathe more easily now that New York has relaxed or eliminated some of the more onerous insurance disclosure obligations of its recently enacted Comprehensive Insurance Disclosure Act (the Act). As discussed…more

Commercial Insurance Policies, Consumer Insurance Products, Disclosure Requirements, Discovery, New Legislation

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Chancery Court Dismisses Former LLC Member’s Claims for Alleged Amounts Owed and Breach by Former Co-Members

In Terry L. Menacker v. Overture, L.L.C., et al., C.A. No. 2019-0762-JTL (Del. Ch. Aug. 4, 2020), the Delaware Court of Chancery (the “Court”) considered a motion to dismiss claims by a former member of Overture L.L.C. (the…more

Breach of Duty, Buyouts, Fiduciary Duty, Limited Liability Company (LLC), Operating Agreements

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Franchising Update - Winds of Change Arrive

In previous Franchising Updates, we reported on the Wein Review of the Franchising Code of Conduct (Code) and the Abbott Government's response to the recommendations in the Wein Report. On 2 April 2014, the Government…more

Australia, Australian Competition and Consumer Commission (ACCC), Code of Conduct, Franchises, Good Faith

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2021 ABA Private Target Mergers Acquisitions Deal Points Study

The American Bar Association’s (ABA) Business Law Section has released its 2021 Private Target Deal Points Study (the “Study”), the flagship product of the Market Trends Subcommittee of the Mergers and Acquisitions Committee…more

Acquisitions, American Bar Association (ABA), Informational Studies, Mergers

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The Accession of the State of Qatar to the Cape Town Convention

WHAT IS THE CAPE TOWN CONVENTION? The Convention on International Interests in Mobile Equipment (the Cape Town Convention) was introduced with the principal objective of facilitating, at a global level, the efficient financing…more

Aviation Industry, Cape Town Convention, Qatar, Qatar Financial Centre (QFC)

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Real Estate Beneficial Ownership Regulatory Alert: USDA Seeks Input on Information Reporting for Foreign Ownership of Agricultural Land

On 15 December, 2023 the United States Department of Agriculture (USDA) announced a request for information on proposed revisions to the Agricultural Foreign Investment Disclosure Act (AFIDA) Report. AFIDA and its regulations,…more

Agricultural Sector, Beneficial Owner, Disclosure Requirements, Farm Service Agency (FSA), Foreign Ownership

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HUB Talks: Voluntary Disclosure: Deep Dive - Key Trends in US Corporate Enforcement

In this episode, Investigations, Enforcement and White Collar partners Bobby Higdon and David Rybicki reflect on their recent posts in the Department of Justice and what to expect in the world of corporate enforcement under the…more

Biden Administration, Coronavirus/COVID-19, Corporate Fraud, Corporate Misconduct, Department of Justice (DOJ)

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"Right to Repair" Law Requires Manufacturers to Give Up the Fix in New York

To give consumers the ability to repair their own electronic devices, New York is leading the way in “Right to Repair” legislation with its Digital Fair Repair Act, N.Y. Gen. Bus. Law § 399-NN (2022). The Digital Fair Repair Act…more

Manufacturers, New York, OEM, Repairs, Right to Repair

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DOJ, FBI, and SEC Provide Guidance For Delay Requests Relating to Disclosure of Cybersecurity Incidents Under Form 8-K

On 18 December 2023, the new rules of the US Securities and Exchange Commission (SEC) regarding disclosure of material cybersecurity incidents under Item 1.05 of Form 8-K went into effect, requiring companies to report a…more

Compliance, Cyber Incident Reporting, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Department of Justice (DOJ)

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American Law Institute Vote on Medical Monitoring Could Spur Increased "No-Injury" Claims

The American Law Institute is scheduled to vote shortly on a new proposed rule for its Restatement (Third) of Torts that would recognize a claim for medical monitoring, even in the absence of physical injury. Companies in all…more

Mass Tort Litigation, Medical Monitoring, Risk Management, Toxic Chemicals, Toxic Exposure

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Risks to Your Supply Chains – Vulnerability in an Uncertain World

BACKGROUND - As a small island nation, Australia has always been dependent on international trade. Its favourable terms of trade have helped it withstand many external shocks throughout its history…more

Australia, Essential Goods, Imports, Risk Management, Supply Chain

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OFCCP Enforcement Powers Expanded Over Healthcare Industry

In a case closely monitored by the healthcare industry, a recent decision from the United States District Court for the District of Columbia expanded the jurisdiction of the Office of Federal Contract Compliance Programs…more

Compliance, Enforcement, Healthcare, HMOs, Hospitals

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Pennsylvania's New Lobbying Equity Report: Short Legislation Leads to Long List of Questions

Tucked into an obscure corner of Pennsylvania’s Administrative Code by Act 70 of 2021 is a brief paragraph that is now causing significant confusion for Pennsylvania’s lobbying community. Beginning 7 October 2021 and continuing…more

Disclosure Requirements, Equity, Ethics, Lobbying, Lobbyists

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Texas’ Hailstorm Bill—Three Takeaways for Policyholders

On September 1, 2017, Senate Bill 10 / House Bill 1774 (the “Hailstorm Bill”) goes into effect. Proponents of the Hailstorm Bill will likely argue that the bill does not represent a significant regression of policyholder rights;…more

Bad Faith, Insurance Industry, Insurance Litigation, Policy Limits

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Antitrust and AI: US Antitrust Regulators Increasingly Focused on the Potential Anticompetitive Effects of AI

Companies in various industries are increasingly incorporating Artificial Intelligence (AI) into critical aspects of their businesses, and for good reason, as AI has the potential to confer many substantial benefits: It can help…more

Anti-Competitive, Antitrust Provisions, Artificial Intelligence, Compliance, Corporate Counsel

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Brussels Regulatory Brief: March 2024

Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8 billion…more

Anti-Competitive, Antitrust Provisions, Apple, Artificial Intelligence, Competition

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"No Concrete Harm, No Standing:" U.S. Supreme Court's Decision Solidifies Standing Requirements for Fair Credit Reporting Act Claims

On 25 June 2021, the U.S. Supreme Court issued its decision in TransUnion LLC v. Ramirez, clarifying the nature of the harm sufficient to establish Article III standing to maintain a Fair Credit Reporting Act (FCRA) claim. After…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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SEC Issues Preliminary Denial Notices for Two Nontransparent Actively Managed ETF Applications

In 2008, the Securities and Exchange Commission (“SEC” or “Commission”) approved the first actively managed exchange-traded funds (“ETFs”). The exemptive orders for those ETFs—and all active ETF exemptive orders since—have…more

Compliance, Enforcement, Enforcement Actions, ETFs, Investment Company Act of 1940

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And One More Thing: The NFA Adopts Rules Establishing CPO Notice Filing Requirements when a CPO is Unable to Fulfill its Obligations to Participants

Introduction - On 13 April 2021, the National Futures Association (NFA) released an Interpretive Notice entitled Compliance Rule 2-50: CPO Notice Filing Requirements (Interpretive Notice)…more

Asset Management, Capital Markets, CPO, Filing Requirements, Investment Funds

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Specific Language Not Required in New Jersey Arbitration Agreements Between Sophisticated Parties

In County of Passaic v. Horizon Healthcare Services, the New Jersey Appellate Division (the Appellate Division) clarified that arbitration provisions between sophisticated entities need not explicitly explain the implications of…more

Arbitration, Arbitration Agreements, Health Insurance, New Jersey

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Over There, Over Here: What Now on Brexit?

We now know what shockwaves feel like … David Cameron has resigned as prime minister of the United Kingdom; sterling has fallen 10% and is slowly picking itself up off the canvas; the U.K. is still in Europe but, barring a…more

Article 50 Treaty of the EU, EU, Member State, Referendums, UK

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K&L Gates Triage: The Opioid Epidemic: Federal and State Requirements on Medication-Assisted Treatment for Substance Abuse Disorders

In the sixth episode of our series on the national opioid crisis, Lauren Perry discusses some of the legal obligations for providers who prescribe controlled substances as treatment for substance abuse disorders…more

Comprehensive Addiction and Recovery Act of 2016 (CARA), Continuity of Care, Controlled Substances, Controlled Substances Act, DEA

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Owner-Occupiers Beware: NSW Security of Payment Act Now Applies

The last remaining exemption for owner-occupier construction contracts from the operation of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) was repealed on 1 March 2021. Contractors under…more

Australia, Construction Contracts, Construction Project, SOP Act

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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Latin America Enforcement and Security Guide

In the current economic climate, it is important that lenders understand how they can enforce security and debt claims to help in assessing options in the event of default by their customers, and when structuring new lending. It…more

Argentina, Brazil, Colombia, Creditors, Cross-Border

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The Wind River Reservation Treatment-as-State Controversy: How Confusion Undermines Opportunities for Cooperative Governance

Under certain statutes, tribes can exercise civil jurisdiction over non-Indians. For instance, the Comprehensive Environmental Response, Compensation, and Liability Act allows tribes to pursue claims for natural resource…more

Clean Air Act, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Natural Resources

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Litigation Minute: Bankruptcy Issues for Vendors and Other Contractual Counterparties

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Companies should anticipate the possibility that they will find themselves in a situation where a vendor, customer, or other contract counterparty commences a bankruptcy case pursuant…more

Automatic Stay, Bankruptcy Code, Executory Contracts, Supply Contracts, Vendors

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OCIE Issues Guidance for Examinations of Regulation Best Interest and Form CRS

The June 30 deadline for compliance with Regulation Best Interest [1] and Form CRS [2] presents new compliance obligations for broker-dealers and investment advisers engaging in a retail business. In anticipation of this…more

Form CRS, OCIE, Regulation BI, Securities and Exchange Commission (SEC)

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Medical Panel Referrals and Determinations in Multi-Defendant Claims

Introduction - In Victoria, an injured plaintiff who brings a public liability or medical negligence claim is usually required to demonstrate they have suffered a 'significant injury,' before they are entitled to claim…more

Australia, Bodily Injury, Dispute Resolution, Negligence, Pain and Suffering

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The Countdown to Complete Your Consumer Health Data Privacy Policy Under the Washington My Health My Data Act

Almost one year ago, Washington State passed the “My Health, My Data” Act (the Act), which aims to protect Washington consumer health data, particularly data related to reproductive healthcare. The Act is the first law in the…more

Consumer Privacy Rights, Data Collection, Data Management, Data Protection, Electronic Medical Records

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COVID-19: K&L Gates Triage: United States vs Australia-Future of Nursing Homes and Long Term Care Facilities and What it Will Take to Succeed

In this week’s episode, Myla Reizen and Paris Petranis are joined again by Bruce Spurlock, President and CEO of Cynosure Health, and Judi Coombe, a Senior Operations Consultant at Ansell Strategic, to continue their discussion…more

Australia, Coronavirus/COVID-19, Elder Care, Health and Safety, Health Care Providers

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Appeals Court Strikes Down Labor Department’s Interpretation Regarding Exempt Status of Mortgage Loan Officers

In a victory for the Mortgage Bankers Association (“MBA”), a federal Court of Appeals has vacated an “Administrator’s Interpretation” issued in 2010 by the U.S. Department of Labor Wage and Hour Division (“DOL”) regarding the…more

Administrative Procedure Act, Compliance, Corporate Officers, Department of Labor (DOL), Exemptions

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Goods and Services Tax in Australia to Apply to Offshore Digital Supplies (and More)

Draft Goods and Services Tax (GST) legislation has been released which seeks to level the playing field by ensuring that digital products and services provided to Australian consumers are subject to GST, whether provided by an…more

Australia, Business Taxes, Digital Goods, GST, Imports

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COVID-19: Applicability of Force Majeure Clauses in the United States

On March 11, 2020, the World Health Organization declared the novel coronavirus (COVID-19) a global pandemic. As of March 18, 2020, the United States had reported at least 5,881 cases of COVID-19, including 107 deaths…more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Deference and Comity: CFTC Approves Cross-Border Swaps Final Rule

INTRODUCTION - The Commodity Futures Trading Commission (CFTC or Commission) recently voted 3–2 to approve a final rule (Final Rule) on the cross-border application of certain swap provisions under the Commodity Exchange Act…more

CFTC, Commodity Exchange Act (CEA), Dodd-Frank, Investment, Investment Funds

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Football Association Premier League Limited v Luxton [2016] EWCA Civ 1097

Sports rights holders and sports broadcasters will be reassured as a result of a recent Court of Appeal (“CoA”) decision, which prevented a pub owner in Swansea from using a foreign-purchased domestic decoder card to show live…more

Broadcasting, Copyright Infringement, Football, Sports, UK

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Washington’s New Provisions on Preemptive Rights, Cumulative Voting, and Shareholder Approval on a Sale of Assets

Governor Jay Inslee recently signed Senate Bill 5003 (“SB 5003”) into law, which amends the Washington Business Corporation Act (“WBCA”) to (1) change the default rule relating to preemptive rights; (2) change the default rule…more

Business Corporation Act, Sale of Assets, Shareholder Approval, Shareholders

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Reverse Gender Discrimination Under Title IX

Issues of student sexual misconduct on university campuses continue to be of great concern for universities nationwide. Even when a university has implemented thoughtfully constructed grievance procedures it may have to defend a…more

Educational Institutions, Gender Discrimination, Reverse Discrimination, Students, Title IX

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Flying the Flag...or Not?

Recently, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and Watpac Construction Pty Ltd referred to the Fair Work Commission (Commission) a dispute concerning the meaning of clause 13 of the Code for the…more

Employer Liability Issues, Fair Work Act, Fair Work Commission, Freedom of Association

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The SEC Division of Examinations Announces 2023 Priorities, Including Key Areas for Registered Investment Advisers, Registered Investment Companies, and Broker-Dealers

On 7 February 2023, the Division of Examinations (the Division) of the U.S. Securities and Exchange Commission (SEC) announced its examination priorities for the 2023 fiscal year (the Report). The Report, which identifies areas…more

Asset Management, Broker-Dealer, Cryptoassets, Cryptocurrency, Enforcement Actions

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What's Been Missing: District Court Orders the Government to Produce Complete Universe of Claims in Provider's Due Process Challenge to Extrapolated Overpayment

On 5 March 2024, in an issue of first impression in the District of South Carolina, a district court judge overseeing judicial review of a final agency decision in a Medicare claims appeal ordered the Government to complete the…more

Administrative Record, Auditors, Centers for Medicare & Medicaid Services (CMS), Due Process, Health Care Providers

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The SEC's New Private Fund Adviser Rules: A Guide to Compliance (Updated)

On 23 August, the US Securities and Exchange Commission adopted new rules and rule amendments that will impose substantial regulation on the management and operation of private funds by investment advisers. The Guide to…more

Asset Management, Audits, Compliance, Disclosure Requirements, Fund Managers

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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International Personal Data Transfers: An Eventful Week

On 21 March 2022, the United Kingdom finalized the adoption of its own version of the European Union’s Standard Contractual Clauses (SCC), a contractual mechanism aiming at securing personal data protected under a data…more

General Data Protection Regulation (GDPR), International Data Transfers, Personal Data, Schrems I & Schrems II, Standard Contractual Clauses

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DOL Re-Proposes Rule to make Brokers, Others, ERISA Fiduciaries

After almost five years of debate, the U.S. Department of Labor (“DOL”) is again trying to modify the ERISA definition of “fiduciary” as it relates to providing investment advice. On April 14, 2015, DOL re-proposed rules (the…more

Benefit Plan Sponsors, Conflicts of Interest, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Houston Bankruptcy Court Holds Midstream Gathering Agreements Cannot Be Rejected As Executory Contracts

On November 8, 2019, Alta Mesa Resources, Inc. (“Alta Mesa”) and Kingfisher Midstream, LLC (“Kingfisher”) crossed swords, each party filing dueling motions for summary judgment in the United States Bankruptcy Court for the…more

Bankruptcy Court, Commercial Bankruptcy, Debtors, Oil & Gas

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Health Care Triage: Value-Based Lessons Learned: Two Years Later, How Have Providers Utilized New AKS and Stark Flexibilities?

In this episode, Macy Flinchum talks with Limo Cherian and Steven Pine about some of the major takeaways, challenges, and successes that providers have experienced in navigating the new regulatory flexibilities for value-based…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, OIG, Physicians

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Delaware Court of Chancery Dismisses Petition for Equitable Dissolution of an LLC by a Non-Member

In SolarReserve CSP Holdings v. Tonopah Solar Energy, LLC, C.A. No. 2019-0791-JRS (Del. Ch. Mar. 18, 2020), the Delaware Court of Chancery (the “Court”) dismissed a non-member/non-manager’s petition for equitable dissolution of…more

Dissolution, Limited Liability Company (LLC), Operating Agreements

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The Italian Council of State Provides Welcome Clarifications Regarding the Standard of Proof That the Italian Competition Authority Must Discharge

The Italian Council of State (“CdS”) has recently annulled a EUR 29 million fine imposed by the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) in 2015 on two insurance companies for…more

Bid Rigging, Competition, Competition Authorities, Italy

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Recent Changes to Tender Law Regulations in Qatar

A series of provisions under the Executive Bylaws of the Law on the Organization of Tenders and Auctions No.16 (2019) have been amended by the Council of Ministers Resolution No.11 of 2022 (the 2022 Resolution). According to the…more

Energy Sector, Oil & Gas, Qatar, Small and Medium-Sized Enterprises (SMEs)

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A Court of Justice of the European Union Ruling Declared That Provisions of the Commercial Companies Code Restrict the Freedom of Economic Activity

The provisions of the Commercial Companies Code (Commercial Companies Code Act of September 15, 2000, Code of Commercial Companies, uniform text in Journal of Laws of 2017, item 1577, hereinafter referred to as: “CCC”) do not…more

Cross-Border, Cross-Border Transactions, EU, Limited Liability Company (LLC), Mergers

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SEC Adopts Amendments to Rule 10b5-1 Insider Trading Plans and Related Matters

Overview - On 14 December 2022, the Securities and Exchange Commission (the SEC) adopted amendments to Rule 10b5-1 of the Securities Exchange Act of 1934 addressing concerns that insiders and issuers have in the past been able…more

Capital Markets, Disclosure Requirements, Insider Trading, Investors, Rule 10b-5

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New California Bill Expands Guidance to Businesses to Mitigate Accessibility Claims for Websites, Parking Lots, and Other Exterior Paths of Travel

In California, the Unruh Civil Rights Act (Unruh) seeks to protect individuals from discrimination on the basis of disability and includes accessibility requirements for privately owned businesses. Businesses that do not comply…more

Americans with Disabilities Act (ADA), Dispute Resolution, Public Accommodation, Unruh Civil Rights Act, Website Accessibility

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High Court of Australia Determines Landmark Trade Mark Case in Cantarella Bros Pty Ltd v Modena Trading Pty Ltd

The High Court of Australia (High Court) this week handed down only its third decision considering trade mark law since the enactment of the Trade Marks Act 1995 (Cth). This decision could reduce barriers to registration for…more

Australia, Trade Marks Act, Trademarks

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GSEs Release Revised Framework for Origination Defects and Remedies — The Proof Will Be in the Execution

By recently releasing yet another revised representation and warranty framework, Fannie Mae and Freddie Mac continued their efforts to assuage the concerns of the lending industry that a default by a borrower poses an unfair…more

Banking Sector, Banks, Compliance, Consumer Lenders, Fair Housing Act (FHA)

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K&L Gates Triage: Five Key Questions for Academic Medical Centers About Patent Ownership and Enforcement

On this week’s episode, George Summerfield and Kelly Plummer explore five key questions academic medical centers often face with respect to patent ownership and enforcement. Their discussion covers a number of issues, including…more

Assignment of Inventions, Change of Ownership, Co-Ownership, Educational Institutions, Enforcement

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Is a Lender "Worthy" of Direct Payment on Accounts Receivable Owing to Its Debtor? The New York Court of Appeals Settles This Question.

A recent New York Court of Appeals case, Worthy Lending LLC v. New Style Contractors, Inc., highlights the importance of maintaining best practices in transactions where the lender takes a security interest in the borrower’s…more

Best Practices, Borrowers, Debtors, Financial Services Industry, Lenders

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Whistleblowing: Upcoming Obligations for Companies

As is well known to many, the EU Directive no. 2019/1937 required EU member states to fully regulate whistleblowing procedures. Whistleblowing: What is it About? The term whistleblowing commonly refers to the disclosure by an…more

Confidentiality Policies, Employer Responsibilities, EU, European Commission, Noncompliance

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Guide: How to Enforce Intellectual Property Rights in China

This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright,…more

China, Copyright, Copyright Infringement, Intellectual Property Protection, Patents

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Trademarks and Unfair Competition Bulletin

It is my pleasure to present the latest bulletin covering the field of trademarks and, in this issue, privacy on the Web. We report on the most interesting trademark rulings handed down by European, British and Polish…more

Court of Justice of the European Union (CJEU), EU, Member State, Trademark Infringement, Trademark Registration

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Litigation Minute: New Year's (Dispute) Resolutions - A Look Ahead at Litigation Trends in 2023

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As we enter into 2023, our team is focused on our own list of resolutions. Like traditional goals for the new year, our priorities revolve around well-being, productivity, and personal…more

Climate Change, Dispute Resolution, Environmental Litigation, Environmental Social & Governance (ESG), Web Tracking

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COVID-19: Massachusetts to Lift Most COVID-19 COVID-19 Restrictions and End State of Emergency

Effective 29 May 2021, most of the Commonwealth of Massachusetts’ remaining COVID-19 restrictions will be lifted and its face covering order will be rescinded and replaced with a face covering advisory consistent with the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employees, Governor Baker, Masks

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The UK Temporary Permissions Regime: Extension of passporting into the UK on a ‘no-deal’ Brexit

This alert is relevant in the context of a ‘no-deal’ Brexit only, although affected firms and fund managers may have to take certain actions before it is certain whether there will be a ‘no-deal’ Brexit…more

Alternative Investment Funds, European Economic Area (EEA), Financial Conduct Authority (FCA), No-Deal Brexit, UCITS

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The Capital Gains Rate - Historical Perspectives on "Retroactive" Changes

In light of the U.S. presidential election on 3 November 2020, many investors and business owners expecting a liquidity event are focused on the possibility that the current capital gains rate (generally, 23.8 percent) could be…more

Business Ownership, Capital Gains, Investors, Liquidity, Presidential Elections

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U.S. Supreme Court Rules That Seal Violations Do Not Require Dismissal of Qui Tam False Claims Act Suits

On Tuesday, the Supreme Court issued an anxiously anticipated False Claims Act (“FCA”) decision in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, holding that a violation of the statute’s seal requirement does…more

Dismissals, False Claims Act (FCA), Fraud, Qui Tam, Relators

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FinCEN Adopts New Customer Due Diligence Requirements for Financial Institutions

The Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) has adopted new anti-money laundering (“AML”) regulations that impose additional customer due diligence requirements on certain financial institutions…more

Anti-Money Laundering, Bank Secrecy Act, Banks, Beneficial Owner, Broker-Dealer

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Key Implications of the Supreme Court’s Decision in Salman

Yesterday the Supreme Court issued its decision in Salman v. United States, the first insider trading case to reach the Court in decades. In a unanimous opinion delivered by Justice Alito, the Court affirmed the criminal…more

Confidential Information, Dirks v SEC, Illegal Tipping, Insider Trading, Personal Benefit

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Looking Ahead: President Trump's Potential Second Term Policy Agenda

With the 2020 presidential election underway, now is the time for businesses and organizations to consider the potential impacts of the next presidential administration’s policies and priorities. In the first installment of the…more

Coronavirus/COVID-19, Donald Trump, Financial Services Industry, Infrastructure, Political Campaigns

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UK Supreme Court Upholds Court of Appeal Decision in M&S v BNP Paribas Rent Claim

The UK Supreme Court has now handed down its greatly anticipated judgment in the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited. The Court confirmed that where a break clause took…more

Commercial Leases, Contract Disputes, Rent, Rental Property, UK Supreme Court

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340B Update: Delaware Court Denies 340B Program Statute Requiring Contract Pharmacy Arrangements

Recent court decisions and the subsequent rescission of a key advisory opinion have left the status of contract pharmacy programs in continued flux. On 30 December 2020, the Department of Health and Human Services (HHS) released…more

Drug Pricing, Manufacturers, Pharmaceutical Industry, Pharmacies, Prescription Drugs

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COVID-19: CARES Act Overview: Relevant Health Care Provisions

On March 27, 2020, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which President Donald J. Trump signed into law on the same day (Public Law No: 116-136). The CARES Act is…more

CARES Act, Coronavirus/COVID-19, Durable Medical Equipment, Health Care Providers, Home Health Care

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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Fair Work Act Changes - Important Changes Approaching

In our recent alert, we set out some of the key upcoming changes in Australian employment law. Since then, there has been further progression as the Labor Government implements its workplace agenda. We have set out a timeline…more

Australia, Employee Rights, Fair Work Act, Flexible Work Arrangements, Paid Leave

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Sharing Clinical Trial Data: A New Era in Life Sciences Has Begun

The European Medicine Agency’s (EMA) Policy on Publication of Clinical Data for Medicinal Products for Human Use (“EMA Policy”)is now effective as of January 1, 2015. Across the Atlantic, the U.S. Institute of Medicine (IOM)…more

Clinical Trials, Data-Sharing, Department of Health and Human Services (HHS), EU, Life Sciences

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Public, Private Must Link to Fund Project

There has been a recent flurry of activity by the Commonwealth regarding the planned construction and operations for the proposed Western Sydney Airport. Originally published in The Australian - August 11th, 2017…more

Airports, Australia, Construction Industry, Contractors

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CMS and OIG Issue Final Fraud and Abuse Waivers in Connection With the Medicare Shared Savings Program

Nearly four years after introducing waivers to certain fraud and abuse laws for Accountable Care Organizations (“ACOs”) and other entities participating in the Medicare Shared Savings Program (“MSSP”), the Centers for Medicare…more

ACOs, Centers for Medicare & Medicaid Services (CMS), Medicare Shared Savings Program, Stark Law, Waivers

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Tax Reform and Investment Management: Effect on Registered Investment Companies

The Tax Cuts and Jobs Act (“Act”) significantly changed U.S. tax federal law. Although the Act does not amend any of the provisions directly affecting the qualification or other taxation of a “regulated investment company” (as…more

Controlled Foreign Corporations, Corporate Taxes, GILTI tax, Income Taxes, International Tax Issues

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COVID-19: Distressed M&A in the Era of a Pandemic -- Part 2, Déjà Vu All Over Again?

INTRODUCTION - Part 1 of this Distressed M&A series addressed the unique aspects of acquiring distressed companies (as compared to financially healthy companies). So, are the distressed M&A aspects of this COVID-19 era distinct…more

Coronavirus/COVID-19

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Worth the Wait: Second Round of Opportunity Zone Proposed Regulations Clears the Way for Many OZ Investments

After a lengthy drafting and protracted review process, the Department of Treasury (“Treasury”) has released its second set of proposed regulations (the “Second Round Regs”) providing guidance on the implementation of the…more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

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Litigation Minute: 2023 Year in Review and 2024 Look Ahead

What You Need To Know In A Minute Or Less - In 2023, we published 16 editions of our Litigation Minute newsletter, featuring emerging topics posing increasing and significant risks to companies. In a minute or less, here are…more

Class Action, Data Privacy, Food and Drug Administration (FDA), Hazardous Substances, PFAS

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Oregon Enacts Energy Storage Legislation

On June 1, 2015, the Oregon legislature passed House Bill 2193-B, which requires certain electric companies to procure qualifying energy storage systems by January 1, 2020, subject to authorization by the Oregon Public Utility…more

Electricity, Energy Sector, Energy Storage, New Legislation, Public Utilities Commission

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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A Statutory Tort for Serious Invasions of Privacy?

Introduction - To many people’s surprise, it remains the case in Australia that individuals do not have a specific right to obtain compensatory damages for serious invasions of privacy, such as the sharing of intimate images on…more

Australia, Compensatory Damages, Data Privacy, Data Protection, Invasion of Privacy

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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Overriding Interest - Winter 2015

What Price Heritage? In April this year English Heritage split into two organisations. English Heritage, now a self funding charity, assumed responsibility for the national collection of over 400 historic properties. The…more

Commercial Real Estate Market, Energy Consumption, Historic Preservation, Insurance Industry, SCOTUS

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Energy Storage Handbook 2022

The K&L Gates Power practice is pleased to present the latest edition of the Energy Storage Handbook. This handbook is an annually updated primer on what energy storage is, how it is regulated by U.S. federal and state…more

Batteries, Clean Energy, CPUC, Department of Energy (DOE), Electricity

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Real Estate Beneficial Ownership Regulatory Alert: USDA Seeks Input on Information Reporting for Foreign Ownership of Agricultural Land

On 15 December, 2023 the United States Department of Agriculture (USDA) announced a request for information on proposed revisions to the Agricultural Foreign Investment Disclosure Act (AFIDA) Report. AFIDA and its regulations,…more

Agricultural Sector, Beneficial Owner, Disclosure Requirements, Farm Service Agency (FSA), Foreign Ownership

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Arbitration World

From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment of…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Bilateral Investment Treaties

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What's in a Fund Name? SEC Approves Changes to the Fund Names Rule

On 20 September 2023, the US Securities and Exchange Commission (the SEC) adopted amendments to Rule 35d-1 (the Names Rule or Rule) under the Investment Company Act of 1940, as amended (the 1940 Act), and made related form…more

Financial Services Industry, Fund Managers, Investment Companies, Investment Company Act of 1940, Investment Funds

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Litigation Minute: When the Federal No Surprises Act's Dispute Resolution Process Does Not Apply: Exempt Payors or State Law (Payor-Provider Series: Part Four of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - For health care providers offering items and services to out-of-network (OON) patients1 in certain emergency and nonemergency settings, the federal No Surprises Act (NSA) establishes a…more

Dispute Resolution, Health Care Providers, Out of Network Provider, Surprise Medical Bills

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What’s The Point (Source)?

New Developments in the Ongoing Debate Concerning Clean Water Act Jurisdiction over Indirect Discharges via Groundwater - In response to a split in the federal circuit courts of appeals and after a long history of…more

Clean Water Act, Discharge of Pollutants, Environmental Protection Agency (EPA), Groundwater, NPDES

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Transparent Pricing and Bananas

The German Price Indication Regulation Under the Scrutiny of the European Court of Justice - A Gift of its Own Kind - The German Price Indication Ordinance (PAngV) is celebrating its first anniversary and may receive a rather…more

Advertising, EU, European Court of Justice (ECJ), Germany, Price Transparency

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The SEC Is Actively Encouraging Whistleblowers: How Should You Respond?

In the Securities and Exchange Commission’s (“SEC”) 2015 annual report to Congress on the Dodd-Frank Whistleblower Program, dated November 16, 2015, Sean McKessy, the chief of the Office of the Whistleblower (“OWB”), stated that…more

Anti-Retaliation Provisions, Dodd-Frank, Internal Reporting, Policies and Procedures, Securities and Exchange Commission (SEC)

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Subordinated Debt: An Effective Tool for Financing Growth

COVID-19 and the resulting economic downturn are expected to strain the U.S. banking system at a time when banks are grappling with how to modernize their products and services and keep pace with technological innovation…more

Banking Sector, Banks, Subordinated Debt

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Important Changes to French Labor Law in 2024

Need to Know Amounts from 1 January 2024 - €11.65 - The legal minimum hourly wage has increased to €11.65 gross (from €11.52 in 2023). The amount of the monthly minimum wage in France is now €1,766.92 gross for 35 worked hours…more

Employer Responsibilities, France, Minimum Wage, Recruitment Policies, Sick Leave

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Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and Require Disclosure of Salary Ranges in Job Postings

On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information…more

Disclosure Requirements, Federal Acquisition Regulations (FAR), Federal Contractors, Job Ads, Job Applicants

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Chlormequat Contamination in Food Products Draws Attention

Food manufacturers should pay close attention to the recent developments surrounding chlormequat chloride (chlormequat), a chemical that plaintiffs claim has been detected in various food products sold in the United States…more

Consumer Product Companies, Contamination, Environmental Protection Agency (EPA), Food Contamination, Food Manufacturers

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German Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG)

A comprehensive change to German insolvency and restructuring law has become effective starting 1 January 2021. The change allows that a company's reorganization is possible without insolvency and includes the majority decision…more

Coronavirus/COVID-19, Creditors, Debt Restructuring, Debtors, Germany

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The Accession of the State of Qatar to the Cape Town Convention

WHAT IS THE CAPE TOWN CONVENTION? The Convention on International Interests in Mobile Equipment (the Cape Town Convention) was introduced with the principal objective of facilitating, at a global level, the efficient financing…more

Aviation Industry, Cape Town Convention, Qatar, Qatar Financial Centre (QFC)

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COVID-19: Reliefs and Support for Small and Medium Enterprises (SMEs) in Singapore

As a result of the ongoing COVID-19 situation, the Singapore government has unveiled certain programmes and schemes with the purpose of assisting SMEs to weather the crisis and accompanying economic uncertainties. A number of…more

Coronavirus/COVID-19, Relief Measures, Singapore, Small and Medium-Sized Enterprises (SMEs)

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COVID-19: Singapore’s COVID-19 (Temporary Measures) Bill: Further Analysis on What It Is and How It May Impact You

Our last update on this matter was published at a time when only the Press Release relating to the Bill was publicly available. This update is published after the Bill itself has been made public. Given the breadth of the Bill,…more

Commercial Contracts, Contract Terms, Coronavirus/COVID-19, Singapore

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Regulation AB II: Second Time’s the Charm?

On August 27, 2014, following years of preparation, speculation and comment, the Securities and Exchange Commission (SEC) adopted Regulation AB II (Reg AB II). Reg AB II represents a response to requirements of Sections 939A and…more

Asset-Backed Securities, Disclosure Requirements, Dodd-Frank, Initial Public Offering (IPO), Mortgage-Backed Securities

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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FDA Issues Guidance on Informed Consent for IRBs, Clinical Investigators, and Sponsors

In this episode, Alexa Sengupta and Cindy Ortega Ramos analyze the FDA’s latest guidance on informed consent regulations for clinical investigations. They discuss the basic elements of the consent form, documentation…more

Clinical Trials, Documentation, Food and Drug Administration (FDA), Informed Consent, Investigations

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Sephora Prevails in Consumer Challenge of "Clean at Sephora" Claims

On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term…more

Class Action, Cosmetics, Dispute Resolution, Marketing, Motion to Dismiss

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Strata Title Reform - Are You Required to Consolidate Your By-Laws?

WHAT HAS HAPPENED? There has been significant reform to the Strata Titles Act 1985 (WA) (Act) through the Strata Titles Amendment Bill 2018. The changes took effect on 1 May 2020…more

Australia, Commercial Leases, Commercial Property Owners, Leases

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Reverse Gender Discrimination Under Title IX

Issues of student sexual misconduct on university campuses continue to be of great concern for universities nationwide. Even when a university has implemented thoughtfully constructed grievance procedures it may have to defend a…more

Educational Institutions, Gender Discrimination, Reverse Discrimination, Students, Title IX

See all updates »

Pennsylvania DEP Publishes Final Interim Environmental Justice Policy

The Pennsylvania Department of Environmental Protection (DEP or the Department) has issued a new environmental justice (EJ) policy (Interim Final EJ Policy)—published as an interim final policy effective on 16 September…more

Environmental Justice, Environmental Policies, Pennsylvania, Permits

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Equitable Subrogation and "Controllers" for the Purposes of the Corporations Act 2001 - Can a Lawyer be a "Controller"?

In Bolwell & Anor v NWC Finance Pty Ltd & Ors [2024] VSC 30, the Supreme Court of Victoria clarified that a lawyer will not be a "controller" of property within the meaning of section 9 of the Corporations Act 2001 (Cth) (the…more

Australia, Liquidation, Mortgages, Property Owners, Purchasers

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Carbon Quarterly – Special Edition

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Carbon Emissions, Clean Energy, Energy Projects, Energy Sector, Inflation Reduction Act (IRA)

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Executive Order Requires Disclosure of Labor Violations

Employers doing business with the federal government must now jump through additional hoops. In yet another example of the executive branch pursuing its agenda outside of the legislative process, President Obama signed Executive…more

Arbitration, Disclosure Requirements, Discrimination, Employee Rights, Executive Orders

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Iowa Legislature Introduces Asbestos Litigation Reforms

Over more than four decades of asbestos litigation, many former manufacturers and suppliers of asbestos-containing products have since filed for bankruptcy and exited the tort system. While these entities now have the protection…more

Asbestos, Asbestos Litigation, Commercial Bankruptcy, Trusts

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Working Wise: Workplace Considerations Related to the Opioid Epidemic

In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug…more

Americans with Disabilities Act (ADA), Direct Threat Defense, Disability Discrimination, Drug & Alcohol Abuse, Drug Testing

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U.S. Supreme Court Limits Rights of Patent Owners

On May 30, 2017, the Supreme Court limited a patent owner’s ability to control products after an authorized initial sale. In Impression Products, Inc. v. Lexmark International, Inc., the Court reversed long-standing precedent…more

Foreign Sales, Impression Products v Lexmark International, Patent Exhaustion, Patent Infringement, Patent Litigation

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ICSDs' New DVP Settlement Model for Syndicated New Issues

Summary - On 14 March 2022, the ICSDs will introduce a new DVP settlement model for new-issue syndicated notes. The changes will impact the roles of the ICSDs, lead manager and common depositary in the payment flows and…more

Bond Issuers, Bonds, High Yield Bonds, Liquidity, Promissory Notes

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The False Claims Act & Health Care: 2018 Recoveries and 2019 Outlook

In 2018, the False Claims Act (“FCA”) continued to be one of the federal government’s (“Government”) preferred civil fraud enforcement tools across a variety of industries. The healthcare industry, however, remained the…more

False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Medicaid, Medicare

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Change to Interest Rates Applied by the Courts in Dubai

The General Assembly of the Dubai Court of Cassation issued Resolution No. 1 of 2021 on 9 June 2021. This binding resolution reversed the court’s previous ruling regarding interest rate calculations for the awarded amount of…more

Court of Cassation, Debt, Dispute Resolution, Dubai, Interest Rates

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Channeling Claims: The Importance of Considering (And Updating) Exclusive Forum Provisions Now

In recent years, there has been an ever-increasing number of public and private companies adopting exclusive forum provisions in their charter or bylaws. Having exclusive forum provisions in place can be beneficial for a company…more

Bylaws, Exclusive Forum, Securities Act of 1933, State Securities Claims

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French IP Law Update – The Delicate Balance between Employers and Inventors: A French Revolution?

Counsel from jurisdictions where payments to employee-inventors only arise from contracts or employee incentive programs are sometimes surprised when they first become involved with jurisdictions that have statutory payment…more

Employees, France, Inventors, Patent Applications, Patents

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Enactment of New Companies Legal Regime in the DIFC

On 12 November 2018, the Dubai International Financial Centre (the “DIFC”) enacted several new laws, which overhaul the legal framework applicable to companies incorporated or registered in the DIFC…more

Beneficial Owner, DFSA, DIFC, Dubai, Mergers

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Collective Bargaining Agreements in the Temporary Employment Sector: Invalid?

Following the European Court of Justice (ECJ) ruling of 15 December 2022—C-311/21—the temporary employment industry is once again the focus of caselaw and is once again becoming a considerable risk for both temporary employment…more

Collective Bargaining, EU, European Court of Justice (ECJ), Temporary Employees, Wage and Hour

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Biden Administration Takes Actions to Bolster Maritime Cybersecurity in the US Maritime Domain

The maritime industry is undergoing a significant transformation that involves increased use of cyber-connected systems, coinciding with increased nation-state and cybercriminal targeting of cyber systems in ports and maritime…more

Biden Administration, Coast Guard, Cyber Threats, Cybersecurity, Executive Orders

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Water Regulation in the Western States: California's 2023 Legislative Proposal Highlights

An ongoing, historic drought in California has compelled California state legislators to rethink the state’s long-standing treatment of water rights. While the recent heavy snowpack and wet spring and summer have alleviated the…more

California, Drought, Groundwater, Legislative Agendas, Water

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COVID-19: Navigating the Path to Recovery - A Checklist of Key Insurance Considerations

Policyholders, the insurance industry, and the media have focused substantial attention on potential business interruption coverage for lost profits and revenues arising from COVID-19. Such coverage, often found in standard…more

Business Interruption, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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7 to 2 - The US Supreme Court Confirms That Federal Nursing Home Reform Act Creates Patient Enforceable Rights

On 8 June 2023, in Health and Hospital Corporation of Marion County v. Talevski, the United States Supreme Court ruled that the rights set out in the Federal Nursing Home Reform Act (FNHRA) can be enforced under 42 U.S.C. § 1983…more

Federal Nursing Home Reform Act (FNHRA), Health Care Providers, Long Term Care Facilities, Nursing Homes, Patient Rights

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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COVID-19: Measures Under the Economic Stabilization Fund Act and the Law on the BayernFonds to Mitigate the Economic Consequences of the COVID-19 Pandemic

In order to mitigate the serious consequences of the COVID-19 pandemic for the entire real economy, which are already becoming apparent, the German Parliament (Bundestag) decided on 25 March 2020 to set up an Economic…more

Coronavirus/COVID-19, Germany, Relief Measures

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COVID-19: Businesses Face Supply Chain Challenges as Pandemic Triggers State ‘Stay at Home’ and Business Curtailment Orders

In an effort to respond to the COVID-19 pandemic, states across the nation have adopted restrictions limiting the in-person operations of manufacturers, businesses, and institutions to those deemed “essential” or “life…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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HUB Talks: The Impact of Overdraft Fees on Banks and Consumers

In this episode, Judie Rinearson and John ReVeal discuss class action litigation and regulatory enforcement concerns arising from overdraft fee disclosures and practices. John also shares his insight about possible legislative…more

Banking Sector, Banks, Checking Accounts, Class Action, Consumer Financial Protection Bureau (CFPB)

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USCIS Increases Fees for Employer-Based Petitions

On 30 January 2024, the US Citizenship and Immigration Services (USCIS) published a final rule (Final Rule) increasing the premium processing fee from US$2,500 to US$2,805, increasing filing fees for I-129 and I-140…more

Filing Fees, Form I-129, Form I-140 Petitions, Immigration Procedures, Nonprofits

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Opportunity Zones: Will Upcoming Proposed Regulations Be Business Friendly?

Treasury decisions could make or break OZ for operating businesses - Eagerly anticipated proposed regulations addressing the eligibility of operating businesses to qualify for Opportunity Zone (OZ) benefits are in the final…more

Capital Gains, Community Development, Economic Development, Investment Funds, Investors

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Global Survey of ESG Regulations for Asset Managers

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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DOT Releases Policy Recommendations Targeting Supply Chain Disruption

Dozens of ships anchored outside of America’s busiest ports, steadily spiking freight rates, and frustrated consumers inheriting both the paralyzing delays and the exorbitant price increases: these have been the painful…more

Biden Administration, Critical Infrastructure Sectors, Department of Transportation (DOT), Executive Orders, Federal Maritime Commission

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DOJ’s Recent Guidance on Compliance Programs

In assessing potential sanctions against corporations, prosecutors must decide whether and how to exercise their discretion when evaluating penalties to impose upon a company whose employees engaged in wrongdoing despite the…more

Compliance, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA)

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Two for the Price of One? The First Circuit Holds that a Violation of the FDCPA is a Per Se Violation of the Massachusetts Consumer Protection Statute

A recent decision by the United States Court of Appeals for the First Circuit, McDermott v. Marcus, Errico, Emmer & Brooks, P.C., may have broad implications for persons and entities involved in debt-collection activities in…more

Appeals, Chapter 93A, Debt Collection, FDCPA, FTC Act

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Notification Requirement for Firms Claiming Compliance with the Global Investment Performance Standards (GIPS)

The GIPS Executive Committee has approved a new requirement, effective January 1, 2015, that any firm claiming compliance with GIPS must annually notify the CFA Institute of such claim by June 30. Each GIPS-compliant firm…more

Compliance, Investors, JOBS Act, Regulation D, Regulation S

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Victorian Wind Farm Ordered to Pay Damages and Curb Night Noise Nuisance – Implications for Wind Farms in Australia

On 25 March 2022 the Victorian Supreme Court issued its long awaited judgment in the ongoing Bald Hills Wind Farm nuisance proceedings in Uren v Bald Hills Wind Farm Pty Ltd [2022] VSC 145…more

Australia, Excessive Noise, Nuisance, Operational Permits, Wind Farm

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Unpacking CMS's Proposed Rule for Correcting Underpayments for 340B Drug Reimbursement

In this episode, Darlene Davis, Leah Richardson, and Andrew Ruskin unravel CMS’s proposed rule for the remedy for Medicare payments for drugs purchased under the 340B Program and reimbursed as hospital outpatient services. The…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Health Care Providers, Medicare, Medicare Advantage

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COVID-19: FCA Business Interruption Test Case - Unresolved Issue and Wider Implications of Supreme Court Judgement

On 15 January 2021, the Supreme Court handed down its judgment in The Financial Conduct Authority v Arch and Others. Our alert of 19 January 2021 considered the implications of the judgment for policyholders seeking to claim for…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Financial Conduct Authority (FCA), Insurance Claims

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Pennsylvania's Growing Electric Vehicle Charging Network: What's All the Buzz About NEVI Plans?

With electric vehicles (EVs) on the rise, recent federal legislative and policy initiatives have prompted states to develop related infrastructure plans. These plans will provide for the greater connectivity required to support…more

Automotive Industry, Electric Vehicles, Infrastructure, Pennsylvania

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BTR Series Part 9—Navigating the Need for Foreign Investment Approval

In Part 9 of this series, we take a closer look at the foreign investment considerations for build-to-rent (BTR) projects. In particular, we consider the circumstances where a foreign developer or financier would likely need to…more

Australia, FIRB, Foreign Acquisitions, Foreign Investment, Real Estate Development

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Drafting Pre-litigation Demand Letters

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The early stages of a legal dispute are often marked by the exchange of demand letters. While they typically receive less attention than formal legal filings, demand letters warrant…more

Demand Letter

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WA Regulation of Performance Security in Contracts

All participants in the construction industry should be aware of legislative provisions that apply to performance security in more recent construction contracts for projects in Western Australia. The changes create new…more

Australia, Construction Contracts, Construction Industry, Construction Project, Notice Requirements

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Global Survey of ESG Regulations for Asset Managers

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

See all updates »

Global Survey of ESG Regulations for Asset Managers

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

See all updates »

PFAS Regulation Continues to Take Center Stage: EPA Releases Final Drinking Water Standards

On Wednesday, 10 April 2024, the US Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulations (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This came one day after…more

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Black Friday, Cyber Monday, Flash Sale…? Make Sure You Know the Rules

With the ubiquitous “Black Friday”—and now “Black Week”—having taken hold in the European Union and the United Kingdom, consumers will currently be inundated with offers and shopping around for the best deal. Retailers should…more

Advertising, Black Friday, EU, Holidays, Internet Retailers

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Challenge Accepted: Federal Trade Commission Issues Final Rule Banning Noncompete Agreements for Most Workers

On Tuesday, 23 April 2024, the Federal Trade Commission (FTC or Commission) hosted a Special Open Commission Meeting, in which the Commissioners voted 3-2 to publish and issue a Final Rule that: bans for-profit employers from…more

Competition, Employer Liability Issues, Employer Responsibilities, Employment Contract, Federal Trade Commission (FTC)

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The SEC Publishes 2024 Examination Priorities Ahead of Schedule, Previewing Key Areas of Focus for Registered Entities

On 16 October 2023, the Division of Examinations (Division) of the US Securities and Exchange Commission (SEC) released its examination priorities for the 2024 fiscal year (the Report). The Division released this Report earlier…more

Anti-Money Laundering, Asset Management, Broker-Dealer, Capital Markets, Compliance

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Supreme Court of Pennsylvania Hears Argument to Preclude Occupational Disease Claims Against Former Employers

On 10 April 2024, the Supreme Court of Pennsylvania heard argument in Herold v. Univ. of Pittsburgh, in which the Court is reviewing a 2023 Commonwealth Court decision holding that the exclusive remedy provision of the…more

Jurisdiction, Latent Occupational Diseases, Occupational Exposure, PA Supreme Court, Workers Compensation Act

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Litigation Minute: Surviving the Ever-Changing Cryptocurrency Regulatory Landscape (Cryptocurrency Litigation Series: Part One of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - One of the hottest areas in the law right now is cryptocurrencies and digital assets. One seemingly cannot open a news website without seeing stories about cryptocurrency risks,…more

Blockchain, Cryptocurrency, Digital Assets, Dispute Resolution, Financial Services Industry

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COVID-19: Governor Murphy Signs Executive Order No. 192 Mandating Health and Safety Protocols for New Jersey Worksites

On 28 October 2020, as part of the state’s ongoing response to the COVID-19 pandemic, New Jersey Governor Phil Murphy signed Executive Order No. 192 (EO 192), which mandates that New Jersey employers abide by certain health and…more

Coronavirus/COVID-19, Employee Training, Employer Responsibilities, Executive Orders, Governor Murphy

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Health Care Triage: Stark Law and the Anti-Kickback Statue Under the False Claims Act

In this episode, Norman Acker, Nora Becerra, and Katherine Rippey discuss the False Claims Act as it relates to Stark Law and the Anti-Kickback Statue. They analyze the Wheeling Hospital case and the Catholic Medical Center case…more

Anti-Kickback Statute, False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Hospitals

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Pennsylvania’s Proposed False Claims Act: Why Further Incentivizing Whistleblowers Is Unnecessary, Counterproductive, and Could Decrease State Recovery of Tax Dollars

As Pennsylvania legislators work to resolve the budget impasse, proponents of enacting a Pennsylvania False Claims Act (“PA FCA”) targeting Medicaid continue to intensify their efforts in Harrisburg. Legislators may consider…more

Fraud, Medicaid, State Budgets, State False Claims Acts, Whistleblowers

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SEC Proposes Rules to Curb Shareholder Proposals, Limit Proxy Voting

On November 6, 2019, the Securities and Exchange Commission (“SEC”) voted 3-2 to issue two notices of proposed rulemaking (“NPR”) amending the requirements to submit and resubmit shareholder proposals, and modifying the rules…more

Proposed Rules, Proxy Voting Guidelines, Securities and Exchange Commission (SEC), Shareholder Proposals, Shareholders

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ESG – Recent Developments in Global Sustainable Finance

Introduction - With an intense focus on sustainability by governments, companies, investors and financial intermediaries, environmental, social and governance (“ESG”) principles are more important than ever…more

Corporate Governance, Environmental Social & Governance (ESG), Financial Services Industry, Green Finance, Loans

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Threading the Needle: The US Securities and Exchange Commission's Final Climate-Related Disclosure Rules

On 6 March 2023, by a 3-2 vote of the Commissioners split along party lines, the US Securities and Exchange Commission (SEC) adopted “The Enhancement and Standardization of Climate-Related Disclosures for Investors” final…more

Capital Markets, Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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U.S. Supreme Court Unanimously Rules Time Spent Undergoing Mandatory Security Screenings is Not Compensable Under the FLSA

In a decision that will certainly benefit employers facing claims of pre-shift and post-shift off-the-clock work, on December 9, 2014, the United States Supreme Court unanimously held that employees’ time spent waiting to…more

Amazon, Fair Labor Standards Act (FLSA), Integrity Staffing v Busk, SCOTUS, Security Checks

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23andME, INC. v. Ancestry.com DNA, LLC

In 2003, for the first time in history, mankind sequenced an entire human genome. The endeavor – known as The Human Genome Project – took 13 years to complete…more

Abstract Ideas, Failure To State A Claim, Federal Rule 12(b)(6), Human Genome Project, Motion to Dismiss

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Security of Payment Legislation and Set-Off Under Commonwealth Insolvency Laws

A recent Victorian Supreme Court case has clarified the impact of Commonwealth insolvency set-off provisions on State-based security of payments legislation. The case demonstrates that although a principal is generally precluded…more

Australia, Construction Industry, Insolvency

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Tax and Estate Planning Opportunities to Consider Now

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Tax Exemptions

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Trump Administration Seeks Stakeholder Input on New Direction

On September 20, 2017, the Centers for Medicare and Medicaid Services (“CMS”) released an informal request for information (“RFI”) seeking stakeholder feedback on the future direction of the Center for Medicare and Medicaid…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), CMMI, Department of Health and Human Services (HHS), Episode Payment Models (EPM)

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Recent Settlements Signal Increased Political Law Enforcement by Government Officials

The U.S. government reached settlements with two federal lobbyist registrants recently in what appears to signal increased enforcement of political activity laws. On August 28, 2015, the U.S. Attorney’s Office for the District…more

Campaign Contributions, Campaign Finance Reform, Civil Monetary Penalty, Compliance, Creditors

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Are Valentino’s Rockstud® Shoes as Distinctive as the Red Soles?

Has Valentino stepped up enough to show that their Rockstud® design has acquired distinctiveness similar to Christian Louboutin’s red soles? In a recent response to a USPTO office action, Valentino asserted similar notoriety in…more

Acquired Distinctiveness, Trademarks, USPTO

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Are Your Company’s Legal, Due-Diligence, De-risking, or Compliance Obligations Impacted by the “Panama Papers”?

In an unprecedented event earlier this week, 11.5 million files from the Panamanian law firm Mossack Fonseca were allegedly leaked. Assuming they are genuine, as appears to be the case, these “Panama Papers” offer a…more

Anti-Corruption, Bribery, BSA/AML, Criminal Penalties, Department of Justice (DOJ)

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COVID-19: Victorian Government Draws Upon the 'Big Stick' on COVID-19 Notification

Victoria has introduced the Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020 (Notification Regulation) requiring an employer to notify WorkSafe Victoria immediately of the following circumstances:…more

Australia, Coronavirus/COVID-19, Employer Responsibilities, Notification Requirements, Sick Employees

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Look At Me, Not Through Me: Supreme Court Limits Federal Jurisdiction for Post-Arbitration Award Petitions

On 31 March 2022, the United States Supreme Court in Badgerow v. Walters limited federal subject matter jurisdiction over post-arbitration award petitions under the Federal Arbitration Act (FAA) §§ 9 and 10. After years of…more

Arbitration, Arbitration Agreements, Arbitration Awards, Badgerow v Walters, Federal Arbitration Act

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D.C. District Court Decision Supports Principle of Allowing Companies to Challenge CFPB Information Requests without Fear of Public Disclosure of Investigation

Companies in receipt of a civil investigative demand (CID) from the Consumer Financial Protection Bureau (CFPB) are required to take a number of quick and important actions and make decisions that can have significant impact on…more

Civil Investigation Demand, Consumer Financial Protection Bureau (CFPB), Corporate Investigations, Information Requests, Investigations

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Trademarks and Unfair Competition

It is my pleasure to present the second issue of our bulletin this year, which contains interesting and important information on trademarks, unfair competition and, in this issue, personal data. There have been big changes in…more

EU, European Union Intellectual Property Office (EUIPO), Trademark Infringement, Trademark Registration, Trademarks

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COVID-19: (Australia) Further Changes To JobKeeper: What Do Employers Need To Know Now?

The Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020 was passed by Federal Parliament, which has resulted in further changes to the JobKeeper Payment scheme including changes to the flexibility…more

Australia, Coronavirus/COVID-19, Fair Work Act

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The SEC Limits the Internet Adviser Exemption

Brief Overview - On 27 March 2024, the US Securities and Exchange Commission (SEC) adopted amendments (the Amendments) to Rule 203A-2(e) under the Investment Advisers Act of 1940 (Advisers Act). Rule 203A-2(e) is commonly known…more

Asset Management, Compliance, Form ADV, Internet, Investment

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DOJ, FBI, and SEC Provide Guidance For Delay Requests Relating to Disclosure of Cybersecurity Incidents Under Form 8-K

On 18 December 2023, the new rules of the US Securities and Exchange Commission (SEC) regarding disclosure of material cybersecurity incidents under Item 1.05 of Form 8-K went into effect, requiring companies to report a…more

Compliance, Cyber Incident Reporting, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Department of Justice (DOJ)

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ONC Interim Final Rule Delays Information Blocking Rule Initial Compliance Deadline

On Thursday, 29 October 2020, the HHS Office of the National Coordinator for Health IT (ONC) released an interim final rule (Interim Final Rule) that: (a) delays the compliance dates and timeframes for certain regulatory…more

Compliance, Department of Health and Human Services (HHS), Electronically Stored Information, Final Rules, Information Blocking Rules

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Transfer of Employees’ Personal Data from Germany to the United States under German Data Privacy Law

Following the ECJ’s decision in the “Schrems” case which has invalidated the Safe Harbor framework multinational corporations may now face profound privacy law related compliance issues in a multitude of jurisdictions. In the…more

Compliance, Cross-Border, Cybersecurity, Data Protection Authority, Data Transfers

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Supreme Court of Ohio Rejects Local Governments’ Attempts to Regulate Oil and Gas Activities

In the Appalachian basin, several states have recently faced the issue of whether local governments have the ability to regulate oil and gas operations, potentially causing a maze of varying rules and requirements from one…more

Home Rule States, Municipalities, Oil & Gas, Police Power, Preemption

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SEC Expands "Dealer" Definition to Capture Liquidity Providers

Introduction - On 6 February 2024, the US Securities and Exchange Commission (SEC) voted 3-2 to adopt two new rules that significantly expand the definitions of a “dealer” and “government securities dealer” in Sections 3(a)(5)…more

Asset Management, Broker-Dealer, Compliance, Cryptoassets, Digital Assets

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French Data Protection: French Supervisory Authority Publishes Updated Guidance on Cookies and Other Tracking Technologies

Following the French Administrative Supreme Court (Conseil d’État) dated 19 June 2020 (see our alert here), the French Supervisory (CNIL) published on 01 October 2020 its updated guidelines (the Guidelines), replacing its former…more

CNIL, Cookies, Data Protection, EU, European Data Protection Board (EDPB)

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Back to the Drawing Board: Brexit to Result in UK-REACH. How Can UK Importers and Manufacturers Best Prepare?

On 6 February 2017, Simon Johnson from the EU Exit Team at DEFRA confirmed to the attendees of a Metal Events Ltd's Forum on REACH that the UK Government is taking a robust line on chemicals regulation as the negotiations on a…more

Chemicals, ECHA, EU, Imports, REACH

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Congress Enacts Major Expansion of Capital Construction Fund, Creating New Opportunities for Marine Financing of Jones Act Vessels

The FY 2023 National Defense Authorization Act (NDAA) includes language that makes significant changes to the Capital Construction Fund (CCF), expanding the vessels eligible for CCF to include those engaged in the domestic or…more

CCF, Foreign Jurisdictions, NDAA, Vessels

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COVID-19: Cameras in the Courtroom & Post-Pandemic Access to Appellate Proceedings

INTRODUCTION - While federal and state appellate courts have historically been cautious about allowing cameras in the courtroom, the COVID-19 pandemic has pushed courts toward live audiovisual broadcasting to preserve public…more

Appellate Courts, Broadcasting, Cameras, Public Broadcasting

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Balancing Act: Supreme Court Rules That Filing a Proof of Claim for Stale Debt Does Not Violate the Fair Debt Collection Practices Act

The U.S. Supreme Court has held that the filing of a proof of claim in bankruptcy proceedings with respect to time-barred debt is not a “false, deceptive, misleading, unfair, or unconscionable” act within the meaning of the Fair…more

Bankruptcy Code, Chapter 13, Debt Buyers, FDCPA, Midland Funding v Johnson

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Sanctions Relating to Russia Imposed by the U.S., EU, Australia and Japan - A Snapshot of Where We Are Now

Since early March 2014, a number of countries have imposed various types of sanctions against Russia and certain persons in Ukraine in connection with events in Ukraine. We have issued a series of updates covering, in…more

Asset Freeze, Australia, Banking Sector, Bureau of Industry and Security (BIS), Defense Sector

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Inaugural National Defense Industrial Strategy Emphasizes Cooperation Among Partner-Allies

In January, the Department of Defense (DoD) released its inaugural National Defense Industrial Strategy (NDIS), which seeks to “catalyze generational change” to the existing defense industrial ecosystem. This “first-of-its-kind”…more

Defense Sector, Department of Defense (DOD), Government Agencies, Industrial Sector, Manufacturers

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COVID-19: Effects on Payment Obligations of Tenants in Germany

Due to the COVID 19 pandemic (hereafter, “COVID-19”), the closure of numerous shops and other businesses has been ordered by the authorities. Other shops and businesses are suffering losses in sales, some of them severe. As a…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Frustration of a Common Purpose

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Peer-to-Peer Lending Platforms: Securities Law Considerations

Peer-to-peer lending platforms, as their name suggests, allow borrowers to use a web-based platform to borrow money funded by other platform users rather than using the more traditional route of borrowing directly from a bank or…more

Peer-to-Peer, Private Placements, Regulation D, Securities Act of 1933, Securities and Exchange Commission (SEC)

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COVID-19: UPDATED Federal Stimulus Today, Federal Investigation Tomorrow: What TARP Can Tell Us about the Coming Wave of CARES Act Enforcement

While uncertainty has been the overarching theme of the global COVID-19 pandemic, one thing is beyond doubt: the Coronavirus Aid, Relief, and Economic Security (CARES) Act’s distribution of more than $2 trillion in stimulus…more

CARES Act, Coronavirus/COVID-19, Government Investigations, TARP

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SEC Adopts Amendments to Modernize Disclosures of Business, Legal Proceedings, and Risk Factors Under Regulation S-K

On 26 August 2020, the Securities and Exchange Commission (the Commission) adopted amendments to modernize certain disclosure requirements set forth in Regulation S-K. The amendments relate to the description of business (Item…more

Board of Directors, Capital Markets, Corporate Governance, Disclosure Requirements, Regulation S-K

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11th Amendment to the German Competition Act (GWB): New Powers of Intervention for the Bundeskartellamt Creating New Challenges for Companies

A Reform to Strengthen Competition - After publication on 6 November 2023, the long awaited latest reform of German competition law has finally entered into force. Germany’s Vice Chancellor and Federal Minister for Economic…more

Antitrust Provisions, Competition, Digital Marketplace, EU, Germany

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Tooey Analysis Extended to Occupational Disease Act

In Herold v. University of Pittsburgh, the Pennsylvania Commonwealth Court affirmed a Court of Common Pleas of Allegheny County decision, holding that: (1) common law claims for occupational diseases occurring four years after…more

Latent Occupational Diseases, Occupational Exposure, Pennsylvania, Workers' Compensation Claim, Workplace Hazards

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Australia and Israel Sign Double Taxation Agreement

Australia and Israel recently signed a double tax agreement providing further opportunities for bilateral trade and investment between the two countries. The DTA is the Convention between the Government of Australia and the…more

Australia, Double Taxation, Foreign Investment, Israel

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The Financial CHOICE Act 2.0, Legislative Text Revealed

On April 19, 2017, House Financial Services Committee (“HFSC”) Chairman Jeb Hensarling (R-TX) released an updated version of the Financial CHOICE Act (“FCA 2.0”), a discussion draft that would reform the Dodd–Frank Wall Street…more

CFTC, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Fiduciary Rule, Financial Services Committee

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PFAS Regulation Continues to Take Center Stage: EPA Releases Final Drinking Water Standards

On Wednesday, 10 April 2024, the US Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulations (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This came one day after…more

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Energy Storage Handbook 2022

The K&L Gates Power practice is pleased to present the latest edition of the Energy Storage Handbook. This handbook is an annually updated primer on what energy storage is, how it is regulated by U.S. federal and state…more

Batteries, Clean Energy, CPUC, Department of Energy (DOE), Electricity

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COVID-19: Bankruptcy Code Amendments in the Consolidated Appropriation Act and COVID-19 Bankruptcy Relief Extension Act

On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain COVID-19 bankruptcy relief provisions enacted as part of the…more

Bankruptcy Code, Borrowers, CARES Act, Consolidated Appropriations Act (CAA), Creditors

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Third Circuit Affirms Judgment for Investment Adviser in Section 36(b) Action

In a non-precedential opinion, the Third Circuit has affirmed a district court’s ruling in favor of AXA Equitable Fund Management Group (“FMG”) in a case in which the plaintiffs had claimed that FMG charged excessive fees for…more

Excessive Fees, Investment Adviser, Investment Company Act of 1940, Mutual Funds, Section 36(b)

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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After the Election: What Can and Will Get Done?

The Biden-Harris transition is in full swing. President-elect Biden has started announcing Cabinet positions, and key staff and agency teams are soliciting input as they work feverishly to put together personnel, policies, and…more

Appropriation, Biden Administration, Climate Change, Coronavirus/COVID-19, Infrastructure

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Discrimination – Vicarious Liability Gets More Expensive

The full bench of the Federal Court in Richardson v Oracle Corporation Australia (Richardson) has cited changing community standards as a basis for significantly increasing awards for general damages (ie damages for non-economic…more

Damages, Discrimination, Employer Liability Issues, Vicarious Liability

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Removal of Credit Ratings References

On July 23, 2014, in connection with the adoption of final rules governing the structure and operation of money market funds, the Securities and Exchange Commission (SEC) re-proposed amendments to Rule 2a-7 to implement Section…more

Credit Ratings, Dodd-Frank, Financial Regulatory Reform, Money Market Funds, Securities and Exchange Commission (SEC)

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UK and EU Sanctions Update–April 2024

The following alert provides an update on recent sanctions developments, including: The publication of the UK government’s first sanctions strategy. The announcement of over 50 new sanctions. Measures to strengthen the Oil…more

Asset Freeze, Economic Sanctions, EU, Export Controls, Exports

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Board Responsibilities Under SEC's Money Market Fund Reform

On July 23, 2014, the Securities and Exchange Commission (the SEC) adopted final rules governing the structure and operation of money market funds (MMFs), in a release adopting amendments to Rule 2a-7 (Rule) under the Investment…more

Board of Directors, Financial Regulatory Reform, Money Market Funds, Securities and Exchange Commission (SEC)

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FTC Proposes Sweeping Ban on Employee Noncompete Clauses: What Employers Need to Know, Proposed Alternatives, and Opportunity for Public Comment

The Federal Trade Commission (FTC) has kicked off 2023 by unveiling a Notice of Proposed Rulemaking (Proposed Rule) that would ban companies from entering into noncompete agreements with their workers and render void all…more

Federal Trade Commission (FTC), Non-Compete Agreements, Public Comment, Restrictive Covenants

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EPA Draws Near to Issuing New Regulations on Commercial Vessel Incidental Discharges

The Biden Administration has set a new path to implementing requirements for compliance with the Vessel Incidental Discharge Act (VIDA). The Office of Management and Budget is currently reviewing a new Supplemental Notice…more

Discharge of Pollutants, Environmental Protection Agency (EPA), Maritime Transport, Vessels

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Unfair Dismissal Jurisdiction Available to High-Earning Employee

A recent decision of the Fair Work Commission (FWC) serves as a timely reminder to employers that employees earning over the high income threshold aren't necessarily excluded from the unfair dismissal jurisdiction. There are a…more

Australia, Fair Work Commission, Hiring & Firing, Unfair Dismissal

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Trademarks and Unfair Competition Bulletin

In This Issue: - Legislation - Poland – A trademark as a source of information for consumers: the Consumer Rights Act of 30 May 2014 - Poland – Draft amendment to the Industrial Property Law -…more

EU, Trademarks, Unfair Competition

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COVID-19: COVID-19 and the Cura Italia Decree

On 17 March 2020, the Italian Government enacted the so called “Cura Italia” law decree, with the aim of issuing urgent measures to address the economic and social impact of the COVID-19 emergency) (the Decree}. The Decree was…more

Coronavirus/COVID-19, Italy, Relief Measures

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The False Claims Act and Health Care: 2022 Recoveries and 2023 Outlook

On 7 February 2023, the US Department of Justice (DOJ) publicly reported the statistics for federal civil fraud recoveries in Fiscal Year (FY) 2022. While the DOJ emphasized in its accompanying press release that “the government…more

Department of Justice (DOJ), False Claims Act (FCA), Fraud, Health Care Providers, Healthcare Fraud

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Unpacking CMS's Proposed Rule for Correcting Underpayments for 340B Drug Reimbursement

In this episode, Darlene Davis, Leah Richardson, and Andrew Ruskin unravel CMS’s proposed rule for the remedy for Medicare payments for drugs purchased under the 340B Program and reimbursed as hospital outpatient services. The…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Health Care Providers, Medicare, Medicare Advantage

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Workplace Reform Rolls on… Again

The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill…more

Arbitration, Australia, Compliance, Employees, Employer Liability Issues

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SEC Proposes Amendments to Form PF to Increase Oversight of Private Funds

On 26 January 2022, the U.S. Securities and Exchange Commission (SEC) proposed amendments to Form PF, the confidential reporting form required to be filed by certain advisers to private funds. If adopted, the proposed amendments…more

Private Funds, Proposed Amendments, Regulatory Oversight, Securities and Exchange Commission (SEC)

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Sharing Clinical Trial Data: A New Era in Life Sciences Has Begun

The European Medicine Agency’s (EMA) Policy on Publication of Clinical Data for Medicinal Products for Human Use (“EMA Policy”)is now effective as of January 1, 2015. Across the Atlantic, the U.S. Institute of Medicine (IOM)…more

Clinical Trials, Data-Sharing, Department of Health and Human Services (HHS), EU, Life Sciences

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German Act on Tax Incentives for Research and Development (FZulG) in Force

The German Act on Tax Incentives for Research and Development became effective 1 January 2020. Under this act, companies and entrepreneurs subject to income or corporation tax in Germany, may apply for subsidies of up to 25% of…more

Corporate Taxes, Germany, Income Taxes, Research and Development, Tax Incentives

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The Dubai Court of Cassation Raises Questions Over an Arbitral Tribunal's Power to Award Legal Costs

The Dubai Court of Cassation (DCC) recently upheld the Dubai Court of Appeal’s partial annulment of an International Chamber of Commerce (ICC) arbitration award, quashing the arbitral tribunal’s award of legal costs. One aspect…more

Arbitration, Arbitration Agreements, Court of Cassation, Dubai, International Arbitration

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The SEC's Modernized Marketing Rule for Investment Advisers

On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the final rule) to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Advisers Act) to modernize the regulation of investment…more

Advertising, Asset Management, Broker-Dealer, Form ADV, Investment Adviser

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Washington Supreme Court Applies Public Records Act to Public Employees’ Private Cell Phones

On August 27, the Washington Supreme Court unanimously held in Nissen v. Pierce County that text messages sent or received by a public employee in his or her official capacity are public records within the meaning of the Public…more

Cell Phones, Good Faith, Popular, Prudential Regulation Authority (PRA), Public Employees

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Ding Dong – Set-off is Gone | Set-off is No Longer Available as a Defence to an Unfair Preference Claim

For some time, the reliance on section 553C of the Corporations Act 2001 (Cth) (Act) as a "set-off" defence to an unfair preference claim, under section 588FA of the Act, has caused much controversy in the insolvency profession…more

Australia, Commercial Bankruptcy, Foreign Bankruptcies, Set Off, The Corporations Act

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Addressing Whistleblower Claims Under Sarbanes-Oxley and Beyond: US Supreme Court Hears Argument on Burden of Proof Requirements

The United States Supreme Court recently heard oral argument in a case arising under the whistleblower provisions of the Sarbanes-Oxley Act of 2002 (SOX), presenting the question of who must prove intent in a whistleblower…more

Anti-Retaliation Provisions, Burden of Proof, Publicly-Traded Companies, Sarbanes-Oxley, SCOTUS

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President Biden Issues Executive Order Restricting Bulk Transfers of Sensitive Personal and US Government-Related Data

On 28 February 2024, President Biden issued Executive Order 14117 of February 28, 2024, Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern (EO) aimed at…more

Biden Administration, Data Collection, Data Storage, Data Transfers, Data-Sharing

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"Howlers" and the Meaning of "Manifest Error"

When negotiating transaction documents, dispute resolution provisions will often receive less attention than they should. Even when these provisions are negotiated, parties’ concerns are often limited to how any future disputes…more

Acquisition Agreements, Arbitration, Dispute Resolution, Manifest Error, UK

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An Easier Path: McCarrell v. Hoffman-La Roche Paves the Way to Bring Tort Claims in New Jersey Barred by Other States’ Statutes of Limitations

In McCarrell v. Hoffman-La Roche, Inc., 2017 WL 344449 (Jan. 24, 2017), the New Jersey Supreme Court replaced the State’s “governmental-interest” standard to resolve choice-of-law questions regarding statutes of limitations in…more

Appeals, Choice-of-Law, Forum Selection, Statute of Limitations

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The Essentials - California Employment Law Update

Over the last few months, several important developments have come into effect. Notably, the injunction on the California Consumer Privacy Act (CCPA) makes enforcement take effect in March of 2024, giving employers more time to…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), City of Los Angeles, Compliance, Employees

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Health-chising: Starting-up a Health Care Franchise

In recent years, health care franchises have grown at a rapid pace. Yet, it is worth noting that franchising is not a new concept to the health care industry. Health care franchise systems have been around for decades and these…more

Anti-Kickback Statute, Data Protection, Franchise Agreements, Franchisee, Franchises

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COVID-19: Insurance Coverage for Pandemic-Related Workplace and Employment Practices Claims

While legislative initiatives are being proposed to shield businesses from various pandemic-related liabilities, the extent to which such measures, if ultimately passed, will protect employers from workplace and…more

Coronavirus/COVID-19

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Derivative Suit Dismissed for Failing to Plead Demand Futility

In Shabbouei v. Potdevin, C.A. No. 2018-0847-JRS (Del. Ch. Apr. 2, 2020), the Delaware Court of Chancery dismissed a derivative suit against the board of directors (the “Board”) of lululemon athletica inc. (the “Company”) by a…more

Derivative Suit, Dismissals

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OCC Proposes Changes to Merger Review Process

Introduction - On 29 January 2024, the Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking (NPR) regarding its review of Bank Merger Act (BMA) applications. The NPR was released immediately…more

Banking Sector, Department of Justice (DOJ), FDIC, Federal Trade Commission (FTC), Financial Services Industry

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Seller Beware: Coordinating Brownfields Redevelopment With Remediation

Redevelopers in New Jersey have become increasingly comfortable with the idea of buying environmentally compromised properties, particularly with a growing demand for warehouse properties to support the e-commerce economy. There…more

Real Estate Development, Redevelopment

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COVID-19: Stricter Rules on FDI Screening in Italy, in the Wake of the Health and Sanitary Emergency

Following recent guidelines imparted by the European Commission, the “Liquidity Decree” (Law Decree no. 23 of 8 April 2020) includes specific provisions to amend and supplement the so-called “Golden Power” legislation, with a…more

Asset Protection, Coronavirus/COVID-19, European Commission, Investment, Italy

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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COVID-19: COVID-19 and the Cura Italia Decree

On 17 March 2020, the Italian Government enacted the so called “Cura Italia” law decree, with the aim of issuing urgent measures to address the economic and social impact of the COVID-19 emergency) (the Decree}. The Decree was…more

Coronavirus/COVID-19, Italy, Relief Measures

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BOEM Offshore Wind Lease Update: Gulf of Mexico Auction Produces Lackluster Results, Not Likely Repeated in Future Oregon and Mid-Atlantic Lease Areas Auctions

The results of the Bureau of Ocean Energy Management’s (BOEM’s) recent auction of the Gulf of Mexico (Gulf) lease areas sharply depart from recent auctions and may signal uncertainty about current prospects for offshore wind in…more

BOEM, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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Court Of Chancery Denies Application For Certification Of Interlocutory Appeal After Ruling That Judicial Dissolution Of The Limited Liability Company Is Warranted

In Acela Investments LLC v. Raymond DiFalco, Case No. 2018-0558-AGB (Del. Ch. June 28, 2019), the Delaware Court of Chancery addressed an application for certification of an interlocutory appeal of the Court’s decision in the…more

Appeals, Delaware Limited Liability Company Act, Interlocutory Appeals, Limited Liability Company (LLC), Operating Agreements

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk

There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former'…more

Business Assets, Confidential Information, Former Employee, Intellectual Property Protection, Risk Mitigation

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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

Business Interruption, Commercial Insurance Policies, Insurance Industry, Natural Disasters, Wildfires

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COVID-19: Shareholders Meetings in Italian Joint Stock Companies held through Means of Telecommunications do not Require Physical Presence of Chairman and Secretary in the Same Location

In a commendable effort to swiftly provide interpretation guidelines applying in a state of emergency, the governing body of Milanese notaries (“Consiglio Notarile di Milano”), has issued a new guideline on corporate matters…more

Coronavirus/COVID-19, Infectious Diseases, Shareholder Meetings, Virtual Meetings

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Seven Years in the Making: The SEC Finally Adopts Final Clawback Rules

Overview - On Wednesday, 26 October 2022, the U.S. Securities and Exchange Commission (the SEC), in a 3-2 vote, adopted final rules directing listing exchanges to require listed companies to establish, disclose, and enforce…more

Clawbacks, Executive Compensation, Reporting Requirements, Securities and Exchange Commission (SEC)

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COVID-19: Analysis of Federal Reserve “Main Street” Liquidity Program

On April 9, 2020, the Federal Reserve Bank announced preliminary details of two new loan facilities of up to $600 billion dollars, offered as part of the Coronavirus Aid, Relief, and Economic Security Act, or “CARES Act.”…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Paycheck Protection Program (PPP), Relief Measures

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EPA Draws Near to Issuing New Regulations on Commercial Vessel Incidental Discharges

The Biden Administration has set a new path to implementing requirements for compliance with the Vessel Incidental Discharge Act (VIDA). The Office of Management and Budget is currently reviewing a new Supplemental Notice…more

Discharge of Pollutants, Environmental Protection Agency (EPA), Maritime Transport, Vessels

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DOJ Announces Major Changes to Corporate Criminal Enforcement Policies

In a keynote address to the American Bar Association’s 2021 National Institute on White Collar Crime, Deputy Attorney General (DAG) Lisa O. Monaco outlined major changes to the U.S. Department of Justice’s (DOJ) priorities for…more

Compliance, Corporate Misconduct, Corruption, Department of Justice (DOJ), Enforcement Actions

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Federal Maritime Commission Seeking Comment on New Rulemaking Regarding Prohibition Against Ocean Common Carrier Refusal to Negotiate on Vessel Space Accommodations

In response to supply chain disruptions caused by the COVID-19 pandemic, on 16 June 2022, the U.S. Congress enacted the Ocean Shipping Reform Act of 2022 (OSRA) to increase the authority of the Federal Maritime Commission (FMC)…more

Common Carriers, Federal Maritime Commission, Maritime Transport, Shipping, Vessels

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Privacy Regulations Are Built on Hope - A Deep Dive Into India’s Digital Personal Data Protection Act

In this episode, our privacy lawyers, Claude-Étienne Armingaud, Whitney McCollum, and Camille Scarparo, sit down with Arya Tripathy, a partner at Priti Suri & Associates in New Dehli, and discuss together India’s newly published…more

Cybersecurity, Data Protection, EU, EU Data Protection Laws, General Data Protection Regulation (GDPR)

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Ensuring Continuity of Care Following a Cyberattack: ARPA-H Launches Project to Enhance Cybersecurity Tools for Health Care Organizations

In this episode, Rebecca Schaefer and Martin Folliard discuss cybersecurity threats faced by health care organizations and a new federal research agency initiative to help create security tools to protect the US health care…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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COVID-19: Measures Under the Economic Stabilization Fund Act and the Law on the BayernFonds to Mitigate the Economic Consequences of the COVID-19 Pandemic

In order to mitigate the serious consequences of the COVID-19 pandemic for the entire real economy, which are already becoming apparent, the German Parliament (Bundestag) decided on 25 March 2020 to set up an Economic…more

Coronavirus/COVID-19, Germany, Relief Measures

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EPA Announces 10 Chemicals to Be Evaluated for Risks to Human Health and the Environment

This client alert is the fifth in a series that discusses the significant changes instituted by the passage of a new federal Toxic Substances Control Act. The first alert addressed broadly the law’s myriad of changes and the…more

Chemicals, Environmental Protection Agency (EPA), Lautenberg Act, Manufacturers, Toxic Chemicals

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Sephora Prevails in Consumer Challenge of "Clean at Sephora" Claims

On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term…more

Class Action, Cosmetics, Dispute Resolution, Marketing, Motion to Dismiss

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Prepared for the Border Adjustment Tax? A U.S. and Global Perspective

K&L Gates' Global Tax Group has been monitoring the potential impact of the Border Adjustment Tax (BAT) across a number of jurisdictions. In our 14 February 2017 update, we commented that issues regarding the legality of…more

Border Adjustment Taxes, Border Tax, Corporate Taxes, Double Taxation, GATT

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The Enforcement of Abuse of Economic Dependence in the EU

INTRODUCTION - Behaviors such as excessive pricing and refusal to supply are often well understood to create potential issues if the company is dominant. However, under the national laws of some EU member states, such conduct…more

Belgium, Competition, EU, France, Germany

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11th Amendment to the German Competition Act (GWB): New Powers of Intervention for the Bundeskartellamt Creating New Challenges for Companies

A Reform to Strengthen Competition - After publication on 6 November 2023, the long awaited latest reform of German competition law has finally entered into force. Germany’s Vice Chancellor and Federal Minister for Economic…more

Antitrust Provisions, Competition, Digital Marketplace, EU, Germany

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Is a Lender "Worthy" of Direct Payment on Accounts Receivable Owing to Its Debtor? The New York Court of Appeals Settles This Question.

A recent New York Court of Appeals case, Worthy Lending LLC v. New Style Contractors, Inc., highlights the importance of maintaining best practices in transactions where the lender takes a security interest in the borrower’s…more

Best Practices, Borrowers, Debtors, Financial Services Industry, Lenders

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Beware Where to Sue: The Exclusive Forum May Catch You Again and Again

Highest German Court Orders U.S. Party to Reimburse Its Contractual Partner’s Legal Fees for Having Brought an Action in U.S. Court - Choosing the right forum is one of the most difficult tasks in cross-border business and…more

Dispute Resolution, Germany, International Litigation, Jurisdiction

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SEC Finalizes Expanded Proxy Voting Reporting and New Say-On-Pay Reporting Requirements

On 2 November 2022, by a vote of 3-2 (with Commissioners Hester Peirce and Mark Uyeda objecting), the Securities and Exchange Commission (SEC) adopted, substantially as proposed in September 2021, final form and rule amendments…more

Corporate Counsel, Corporate Governance, Investment Management, Proxy Voting, Proxy Voting Guidelines

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2024 Tax and Estate Planning Opportunities

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

Estate Planning, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Inheritance Tax

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Health Care Triage: Rural Emergency Hospitals — Transformative Change or Limited Impact?

In this episode of Triage, Andrew Ruskin, Darlene Davis, and Gabriel Scott discuss key provisions associated with conversion to CMS’s new rural emergency hospital provider type. They review the purpose of the new provider type,…more

Centers for Medicare & Medicaid Services (CMS), Critical Access Hospitals, Hospitals, Medicare, Outpatient Services

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Commercial Leases - First Semester 2023 Case Laws Digest

Commercial lease law is constantly evolving, with court rulings providing particularly interesting insights into the negotiation and management of commercial leases. Our selection of some of the High Court’s major decisions…more

Commercial Leases, Commercial Property Owners, French Commercial Code, Lessee, Rental Property

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The Hydrogen Handbook - Japan

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Clean Energy, Electric Vehicles, Electricity, Energy Projects, Energy Sector

See all updates »

ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

See all updates »

FDA Issues Guidance on Informed Consent for IRBs, Clinical Investigators, and Sponsors

In this episode, Alexa Sengupta and Cindy Ortega Ramos analyze the FDA’s latest guidance on informed consent regulations for clinical investigations. They discuss the basic elements of the consent form, documentation…more

Clinical Trials, Documentation, Food and Drug Administration (FDA), Informed Consent, Investigations

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ESG–Australia – Consultation Material for the 5th Edition of the Corporate Governance Council Principles and Recommendations Released

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and…more

Annual Reports, Australia, Australian Securities Exchange (ASX), CEOs, CFOs

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Anche la start-up innovativa può essere soggetta a fallimento

Nel novero delle molteplici norme e misure di favore previste per le start-up innovative dal nostro ordinamento, la non assoggettabilità di quest’ultime al fallimento sancita dall’articolo 31 del Decreto Legge 18 ottobre 2012,…more

Business Development, Commercial Bankruptcy, Corporate Governance, Debt, Innovation

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Supreme Court Restricts Where Plaintiffs Can Sue for Patent Infringement

For almost thirty years, patent owners sued corporate defendants for patent infringement in any federal judicial district in which that corporation was subject to the court’s personal jurisdiction. When corporate defendants…more

Forum Shopping, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

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COVID-19: North Carolina Executive Order 121 - Stay At Home Order and Strategic Directions for North Carolina - The Impact on Your Business

On March 27, 2020, North Carolina Governor Roy Cooper issued a mandatory emergency executive order (the “Executive Order”) in response to the increasing number of COVID-19 cases in North Carolina. The Executive Order requires…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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Litigation Minute: Pixel Tools and Personal Financial Information (Pixel Tool Litigation Series: Part Three of Four)

What You Need to Know in a Minute or Less - Media reports, as well as a recent report prepared by various US senators and representatives, have focused attention on the use of pixel tools on the websites of major tax filing…more

Data Collection, Data Privacy, Personally Identifiable Information, Private Commercial or Financial Information, Web Tracking

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The Law Commission Review of the Arbitration Act 1996

Introduction - The Law Commission of England and Wales has published a Consultation Paper (the Paper) setting out its provisional proposals to update the Arbitration Act 1996 (the Act), applicable to arbitrations seated in…more

Arbitration, Arbitrators, International Arbitration, UK

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SEC Solicits Comments on Whether Index Providers, Model Portfolio Providers, and Pricing Services Are Investment Advisors: Seeking a Problem for a "Solution"

Introduction - On 15 June 2022, the Securities and Exchange Commission (SEC) issued a “Request for Comment on Certain Information Providers Acting as Investment Advisers” (Request)…more

Asset Management, Broker-Dealer, Fiduciary Duty, Investment Adviser, Investment Company Act of 1940

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COVID-19: Distressed M&A in the Era of a Pandemic -- Part 2, Déjà Vu All Over Again?

INTRODUCTION - Part 1 of this Distressed M&A series addressed the unique aspects of acquiring distressed companies (as compared to financially healthy companies). So, are the distressed M&A aspects of this COVID-19 era distinct…more

Coronavirus/COVID-19

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Amendments to the Qatar Commercial Companies Law

The Qatar Commercial Companies Law Number 11 of 2015 (the Companies Law) has recently been amended by Law Number 8 of 2021 (the Amending Law). The Amending Law introduces significant changes to the Companies Law, enhancing the…more

Corporate Governance, Qatar

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Guide: How to Enforce Intellectual Property Rights in China

This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright,…more

China, Copyright, Copyright Infringement, Intellectual Property Protection, Patents

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March 2024 ESG Policy Update—Australia

Australian Update - Australian Securities and Investments Commission Continues Greenwashing Enforcement Efforts - On 28 February 2024, the Australian Securities and Investments Commission (ASIC) reported that an outsourced…more

ASIC, Australia, Climate Change, Corporate Governance, Corporate Social Responsibility

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Here We Go Again: DOL Proposes New Fiduciary Rule

On 31 October 2023, the Department of Labor (DOL) unveiled its proposed “Retirement Security Rule” (Proposed Rule) redefining who is an investment advice fiduciary under the Employee Retirement Income Security Act (ERISA). The…more

Asset Management, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Rule, Investment Adviser

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Dialing for Dollars: US Department of Justice Announces New Whistleblower Pilot Program

On 7 March 2024, the US Department of Justice (DOJ) announced that it is launching a new whistleblower pilot program designed to reward individuals who report acts of significant corporate misconduct or financial wrongdoing (DOJ…more

CFTC, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Pilot Programs

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2024 Tax and Estate Planning Opportunities

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

Estate Planning, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Inheritance Tax

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Severe Winter Storm In Texas: Insurance Coverage Considerations

The winter storm that ravaged Texas this week has caused considerable damage and suffering, and it is predicted by some that it will to lead to the largest number of insurance claims resulting from a single event. For a state…more

Business Interruption, Business Losses, Insurance Claims, Insurance Industry, Natural Disasters

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COVID-19: Child Access in the Midst of the COVID-19 Pandemic: The Singapore Situation

On April 3, 2020, the Singapore government announced a series of new measures to combat the COVID-19 pandemic. This included a “Circuit Breaker” period from April 7 to May 4, 2020, to restrict movement and to promote social…more

Child Visitation, Coronavirus/COVID-19, Custody Agreements, Singapore

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Washington, D.C.'s Office of the Deputy Mayor for Planning and Economic Development Proposes Rules to Implement Downtown Real Property Tax Abatement Legislation

On 26 January 2024, Washington, D.C.’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) published a Notice of Proposed Rulemaking to implement tax abatements to be made available to developers of…more

Commercial Property Owners, Community Development, Economic Development, Housing Developers, NPRM

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New Government Guidance and UK High Court Seeks to Settle Disarray in UK Sanctions Law

In October, the Court of Appeal suggested all companies operating in Russia could be considered to be sanctioned under UK law because they are potentially controlled by President Putin. This caused understandable alarm to…more

Compliance, Corporate Counsel, Economic Sanctions, Office of Financial Sanctions Implementation (OFSI), Russia

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Health Care Triage: Health Care Transactions Trends in 2021 and Beyond

In this week’s episode, Josh Skora interviews Rick Giovannelli and Ken Marlow about current trends in health care transactions, with a particular focus on how COVID-19 has affected pricing considerations and the appetite for…more

Acquisitions, Buyers, Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities

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2014 Amendments Affecting Delaware Alternative Entities and the Contractual Statute of Limitations

On August 1, 2014, amendments to Delaware’s alternative business entity statutes, as well as the statute of limitations applicable to Delaware contracts, became effective. These amendments (the “2014 Amendments”) represent a…more

Breach of Contract, Contract Formation, Delaware General Corporation Law, Delaware Limited Liability Company Act, Statute of Limitations

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Modernization of Evidence Rules in the New Belgian Civil Code

The approval of Book 8 of the new Belgian Civil Code introduces new rules on evidence. The aim is to clarify and modernize the current rules, as well as to make them more flexible. We have summarized the most important changes…more

Belgium, Civil Code, Evidence, Modernization

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FRB, FDIC Deliver Reports and Take Some Blame on Silicon Valley Bank and Signature Bank Failures; More Regulation Ahead

On Friday 28 April 2023, the Board of Governors of the Federal Reserve System (the FRB) and the Federal Deposit Insurance Corporation (the FDIC) each released a report regarding a recent bank failure. The FRB report covered…more

Asset Management, Banking Sector, Corporate Counsel, FDIC, Federal Reserve

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Eye of the Phoenix

What is illegal phoenix activity and why is it a problem? Recent studies have shown that illegal phoenix activity is rife. It has resulted in direct costs to businesses, employees and the Government of $2.85 billion to $5.13…more

ASIC, Australia, Liquidation, The Corporations Act

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The Essentials - California Employment Law Update

Over the last few months, several important developments have come into effect. Notably, the injunction on the California Consumer Privacy Act (CCPA) makes enforcement take effect in March of 2024, giving employers more time to…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), City of Los Angeles, Compliance, Employees

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United States Eases Sanctions on Venezuela

The United States eased certain economic sanctions against Venezuela on 18 October 2023 in response to the signing of an electoral roadmap agreement between the Maduro regime and Venezuela’s Unitary Platform. Under this…more

Economic Sanctions, Office of Foreign Assets Control (OFAC), Oil & Gas, U.S. Treasury, Venezuela

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Australian Corporate Insolvency Reform: the PJC's Report Is in, So What Can We Expect Next?

After a 10-month inquiry process, on 12 July 2023 the Parliamentary Joint Committee on Corporations and Financial Services (PJC) delivered its final report on the effectiveness of Australia’s corporate insolvency laws. In this…more

Australia, Corporate Restructuring, Debt Restructuring, Financial Services Industry, Insolvency

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COVID-19: UK Public Sector Construction - Cabinet Office publishes FAQs regarding PPN02/20

Further to our recent blog post “COVID-19: UK Public Sector Construction - cash flow relief for suppliers” on 31 March 2020, in which we set out guidance on the Government’s Procurement Policy Note - Supplier relief due to…more

Construction Contracts, Construction Industry, Construction Project, Procurement Guidelines, UK

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The SEC Fines Stand-Alone Adviser for Off-Channel Communications

Overview - On 3 April 2024, the US Securities and Exchange Commission (the SEC) announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve certain…more

Asset Management, Compliance, Data Preservation, Electronic Communications, Email

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COVID-19: Government Extends Moratorium on Commercial Leases until March 2022

SUMMARY - The commercial rent moratorium was due to come to an end on 30 June 2021 - Many businesses, particularly travel and hospitality are still struggling to operate, and with the extension of the lockdown period also now…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Landlords

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Carbon Quarterly – Special Edition

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Carbon Emissions, Clean Energy, Energy Projects, Energy Sector, Inflation Reduction Act (IRA)

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Cleared to Land: Aviation Newsletter

Happy new year and welcome to our latest edition of K&L Gates’ Cleared to Land published jointly by our Aviation and Banking & Asset Finance practice groups to keep you updated on significant developments and issues relating to…more

Airports, Airspace, Aviation Industry, Investors, Letters of Intent

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Will the Federal e-Discovery Rules Change Again? A report on the proposed changes to the Federal Rules of Civil Procedure.

Proposed amendments to the Federal Rules of Civil Procedure have been published for public comment. The proposed amendments would affect rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84 and the Appendix of Forms…more

Federal Rules of Civil Procedure, Proposed Amendments

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In the Weeds: Why Arbitration May Be the Key to Preserving Enforcement of Cannabis M&A and VC Contracts

As 2022 hits, new markets continue to beckon for the cannabis industry, with New York, New Jersey, and Virginia all set to open business for recreational marijuana sales in the next 18-24 months…more

Acquisitions, Arbitration, Cannabis-Related Businesses (CRBs), Contract Disputes, Contract Terms

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Frequently Asked Questions About the California Consumer Privacy Act of 2018 (CCPA)

Following are answers to common questions our clients have asked since CCPA was enacted. Please check back for new and updated FAQs in the coming months…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Annual Reports Coming to Pennsylvania and Other Updates to the Pennsylvania Associations Code: Part 4—Ratifying Defective Actions

On 3 November 2022, Governor Wolf signed House Bill 2057 into law as Act 122. The act made numerous amendments to Title 15 of the Pennsylvania Consolidated Statutes, also known as the “Associations Code” (the Title 15 Update)…more

Annual Reports, Corporate Governance, Pennsylvania, Reporting Requirements

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Pen Register and Trap and Trace Claims: The Latest Wave of CIPA Litigation

A new species of website privacy litigation has taken hold in 2024, based on arcane provisions of the California Invasion of Privacy Act (CIPA) that restrict law enforcement’s use of pen register or trap and trace devices…more

California, CIPA, Class Action, Data Collection, Electronic Monitoring

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Recent Trends in Generative Artificial Intelligence Litigation in the United States

Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US…more

Artificial Intelligence, Class Action, Copyright, Copyright Infringement, Copyright Litigation

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A Last Minute, Temporary Reprieve for Chicago Employers: Chicago Amends Paid Sick Leave Ordinance

With the 31 December 2023 effective date for the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (Ordinance) rapidly approaching, the Chicago City Council passed an amendment on 14 December 2023 (Amendment), which…more

City of Chicago, Employees, Employer Responsibilities, Employment Policies, Illinois

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The De Minimis Standard Sleeps with the (Tuna) Fish: The En Banc Ninth Circuit Rejects a Per Se Prohibition on the Certification of Classes with Uninjured Class Members

On first glance, one might think that packaged tuna, price-fixing conspiracies, and uninjured class members have little in common. A closer look at the recent Ninth Circuit odyssey of Olean Wholesale Grocery Cooperative, Inc. v…more

Class Action, Class Certification, De Minimus Doctrine, Price-Fixing, Uninjured Class Members

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LNG by Rail Rule Suspension

The US Department of Transportation (USDOT) is suspending a rule that allows liquefied natural gas (LNG) to be transported by rail in specialized tank cars, starting 31 October 2023. This final rule overturns a Trump-era rule…more

Department of Transportation (DOT), Federal Railroad Administration, Hazardous Substances, Liquid Natural Gas, Oil & Gas

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Litigation Minute: The Lifecycle of Beauty Packaging (Beauty and Wellness Series: Part Three of Three)

What You Need To Know In A Minute Or Less - For both consumers and producers, the recent seismic shifts in packaging—from materials to circularity advertising—have been hard to miss. The past few years have introduced several…more

Brand, Consumer Product Companies, Federal Trade Commission (FTC), Green Guides, Manufacturers

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Real Estate Beneficial Ownership Regulatory Alert: Complying with Foreign Ownership Reporting Requirements in US Real Estate

The rise of foreign investment in the United States has renewed concern about tracking foreign inbound investment, as demonstrated by the passage of the Corporate Transparency Act and the expansion of CFIUS's purview with…more

Acquisitions, Agribusiness, Agricultural Land, Agricultural Sector, Beneficial Owner

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Real Estate Beneficial Ownership Regulatory Alert: Florida Restricts Real Estate Ownership by Individuals and Entities From "Countries of Concern"

SUMMARY - On 17 August, a Florida judged denied a bid by four Chinese citizens and a real estate brokerage firm for summary judgment to block enforcement of Senate Bill 264. Effective 1 July 2023, Senate Bill 264 (codified under…more

Agricultural Land, Beneficial Owner, Florida, Foreign Ownership, Property Owners

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DEA Temporarily Extends COVID-19 Flexibilities for Controlled Substance Prescriptions via Telemedicine While Evaluating Permanent Rule Changes

Executive Summary - The Drug Enforcement Administration (DEA) issued a temporary rule (Temporary Rule), effective 11 May 2023, extending flexibilities regarding the prescribing of controlled substances via telemedicine that have…more

Controlled Substances, Coronavirus/COVID-19, DEA, Health Care Providers, Prescription Drugs

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Washington's Capital Gains Tax Upheld

On Friday, 24 March 2023, the Washington Supreme Court upheld the state’s capital gains tax (the WA CGT) in a 7–2 decision, bringing an end to months of uncertainty as a suit to challenge the new tax worked its way through the…more

Capital Gains, Capital Gains Tax, Corporate Taxes, Excise Tax

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WA Regulation of Performance Security in Contracts

All participants in the construction industry should be aware of legislative provisions that apply to performance security in more recent construction contracts for projects in Western Australia. The changes create new…more

Australia, Construction Contracts, Construction Industry, Construction Project, Notice Requirements

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Looking Ahead: President Trump's Potential Second Term Policy Agenda

With the 2020 presidential election underway, now is the time for businesses and organizations to consider the potential impacts of the next presidential administration’s policies and priorities. In the first installment of the…more

Coronavirus/COVID-19, Donald Trump, Financial Services Industry, Infrastructure, Political Campaigns

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COVID-19: Revenue Procedure 2021-53

Updated from May 2020 - As the economy continues to grapple with the continuing effects of the coronavirus (COVID-19) pandemic, companies are increasingly facing liquidity issues. Among those affected are real estate investment…more

Corporate Taxes, IRS, REIT, RICs

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Certified Question: Will West Virginia Take Another Bite At the Tawney Apple?

Post-production deductions are a hot topic in the Appalachian Basin. If you practice or operate in West Virginia, you know that the last 20 years have seen West Virginia forge its own path and deviate from the majority of…more

Energy Sector, Natural Resources, Oil & Gas, Royalties

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COVID-19: Buying and Selling PPP Borrowers

INTRODUCTION - More than 4.5 million U.S. businesses have received loans through the Paycheck Protection Program (PPP), which was created under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act). PPP loans…more

Borrowers, CARES Act, Loan Forgiveness, Loans, Paycheck Protection Program (PPP)

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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Washington State Legislature Passes Pay Equity and “Me Too” Legislation

The 2017–2018 Washington State legislature passed, and the governor signed, numerous bills that affect employers. Foremost among them is new legislation addressing “Me Too” concerns and gender pay equity, which is the focus of…more

#MeToo, Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination

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Perrigo Co. v. AbbVie Inc. - Third Circuit Holds Mutual Release Bars Generic Drug Company's Antitrust Claim

On 21 July 2022, the Third Circuit in Perrigo Co. v. AbbVie Inc. affirmed the district court’s judgment that the mutual release in the settlement agreement between the parties from an earlier patent infringement and Hatch-Waxman…more

Antitrust Litigation, Antitrust Provisions, Generic Drugs, Hatch-Waxman, Patent Infringement

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Annual Reports Coming to Pennsylvania and Other Updates to the Pennsylvania Associations Code: Part 4—Ratifying Defective Actions

On 3 November 2022, Governor Wolf signed House Bill 2057 into law as Act 122. The act made numerous amendments to Title 15 of the Pennsylvania Consolidated Statutes, also known as the “Associations Code” (the Title 15 Update)…more

Annual Reports, Corporate Governance, Pennsylvania, Reporting Requirements

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Pen Register and Trap and Trace Claims: The Latest Wave of CIPA Litigation

A new species of website privacy litigation has taken hold in 2024, based on arcane provisions of the California Invasion of Privacy Act (CIPA) that restrict law enforcement’s use of pen register or trap and trace devices…more

California, CIPA, Class Action, Data Collection, Electronic Monitoring

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EPA Draws Near to Issuing New Regulations on Commercial Vessel Incidental Discharges

The Biden Administration has set a new path to implementing requirements for compliance with the Vessel Incidental Discharge Act (VIDA). The Office of Management and Budget is currently reviewing a new Supplemental Notice…more

Discharge of Pollutants, Environmental Protection Agency (EPA), Maritime Transport, Vessels

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A Fund By Any Other Name: SEC Proposes Names Rule Amendments

I. SUMMARY - On 25 May 2022, the U.S. Securities and Exchange Commission (the SEC) proposed amendments (the Proposed Amendments) to Rule 35d-1 (the Names Rule) under the Investment Company Act of 1940, as amended in its release…more

Disclosure Requirements, Environmental Social & Governance (ESG), Investment Company Act of 1940, Investment Funds, Investment Management

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New USPTO Guidelines on AI-Assisted Inventions Leave Many Questions Unanswered

The US Patent and Trademark Office (USPTO) recently issued what it labeled as Inventorship Guidance for AI-Assisted Inventions [Docket No. PTO-P-2023-0043]. Despite its name, the document provides little in the way of certainty…more

Artificial Intelligence, Computer-Related Inventions, Intellectual Property Protection, Inventions, Inventors

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Chancery Court Clarifies MFW Protections Must be Implemented Prior to Any Substantive Economic Negotiations

In In re HomeFed Corporation Stockholder Litigation, C.A. No. 2019-0592-AGB (Del. Ch. July 13, 2020), the Delaware Court of Chancery (the “Court”) found that the controlling stockholder of HomeFed Corporation undertook…more

MFW, Shareholders, Substantive Economic Negotiations

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Antitrust and AI: US Antitrust Regulators Increasingly Focused on the Potential Anticompetitive Effects of AI

Companies in various industries are increasingly incorporating Artificial Intelligence (AI) into critical aspects of their businesses, and for good reason, as AI has the potential to confer many substantial benefits: It can help…more

Anti-Competitive, Antitrust Provisions, Artificial Intelligence, Compliance, Corporate Counsel

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The Dubai Court of Cassation Raises Questions Over an Arbitral Tribunal's Power to Award Legal Costs

The Dubai Court of Cassation (DCC) recently upheld the Dubai Court of Appeal’s partial annulment of an International Chamber of Commerce (ICC) arbitration award, quashing the arbitral tribunal’s award of legal costs. One aspect…more

Arbitration, Arbitration Agreements, Court of Cassation, Dubai, International Arbitration

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Antitrust and AI: US Antitrust Regulators Increasingly Focused on the Potential Anticompetitive Effects of AI

Companies in various industries are increasingly incorporating Artificial Intelligence (AI) into critical aspects of their businesses, and for good reason, as AI has the potential to confer many substantial benefits: It can help…more

Anti-Competitive, Antitrust Provisions, Artificial Intelligence, Compliance, Corporate Counsel

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Impacts of a Government Shutdown: Executive and Congressional Meetings

Introduction - Current federal funding expires this Saturday. As we approach the deadline, it is looking less likely that Congress will pass a continuing resolution, a short-term stopgap measure that continues appropriations, to…more

Federal Budget, Federal Funding, Government Shutdown

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California Voters Approve (Another) Overhaul of California Consumer Privacy Laws: Meet the California Privacy Rights Act

For the second time in two years, California is preparing to revolutionize its consumer privacy law framework. California voters overwhelmingly voted in favor of Proposition 24, the California Privacy Rights Act (CPRA), in the 3…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Data Privacy

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DOL Creates New E-Delivery Safe Harbor for Retirement Plan Disclosures

EXECUTIVE SUMMARY - The Department of Labor (DOL) published final regulations that make significant strides in reducing barriers to the electronic delivery of a wide array of retirement plan disclosures. Specifically, the final…more

Beneficiaries, Benefit Plan Sponsors, Corporate Counsel, Department of Labor (DOL), Disclosure Requirements

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Maui Wildfires - Coverage Considerations and What Business Policyholders Need to Know

The Maui wildfires are now the deadliest—and certainly among the most destructive—in modern US history, already outpacing the loss of life and impact on critical wildlife habitat/species of the 2018 Camp fire in California…more

Business Interruption, Commercial Insurance Policies, Insurance Claims, Insurance Industry, Natural Disasters

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EPA Finalizes Section 401 Water Quality Certification Improvement Rule

On 14 September 2023, the US Environmental Protection Agency (EPA) announced the release of the final Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule (the Rule). The Rule restores regulatory…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Water Quality

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ESG – Recent Developments in Global Sustainable Finance

Introduction - With an intense focus on sustainability by governments, companies, investors and financial intermediaries, environmental, social and governance (“ESG”) principles are more important than ever…more

Corporate Governance, Environmental Social & Governance (ESG), Financial Services Industry, Green Finance, Loans

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New Jersey Supreme Court Rules Unanimously: There is No Statute of Limitations Defense to Contribution Actions Under the Spill Act

On January 26, 2015, the New Jersey Supreme Court unanimously ruled in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property does not apply to contribution claims…more

Contaminated Properties, Contamination, Contribution Claims, Oil & Gas, Oil Spills

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Inaugural National Defense Industrial Strategy Emphasizes Cooperation Among Partner-Allies

In January, the Department of Defense (DoD) released its inaugural National Defense Industrial Strategy (NDIS), which seeks to “catalyze generational change” to the existing defense industrial ecosystem. This “first-of-its-kind”…more

Defense Sector, Department of Defense (DOD), Government Agencies, Industrial Sector, Manufacturers

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Was Chicken Little an Optimist?

The Consumer Financial Protection Bureau (“CFPB”) issued a true game changer on January 10, 2013, with its Ability to Repay and Qualified Mortgage Rule (the “Final Rule” or the “Rule”). Some industry observers seem to consider…more

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Treasury Consultation Paper – Another Step Towards Crowd-Sourced Equity Funding

On 4 August 2015, the Treasury of the Australian Government released a consultation paper, facilitating crowd-sourced equity funding and reducing compliance costs (Consultation Paper). This follows the previous discussion paper…more

ASIC, Compliance, Crowdfunding, Disclosure Requirements, Equity Financing

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OCC Proposes Changes to Merger Review Process

Introduction - On 29 January 2024, the Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking (NPR) regarding its review of Bank Merger Act (BMA) applications. The NPR was released immediately…more

Banking Sector, Department of Justice (DOJ), FDIC, Federal Trade Commission (FTC), Financial Services Industry

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SFC Publishes Long-Awaited Conclusions on Enforcement-Related Reform Proposals

On 8 August 2023, the Securities and Futures Commission of Hong Kong (SFC) published its consultation conclusions on proposed amendments to enforcement-related provisions of the Securities and Futures Ordinance (Cap 571) of the…more

Capital Markets, Corporate Governance, Hong Kong, Hong Kong Securities and Futures Commission (HKSFC), Investors

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Strengthening National Security in Investments: Exploring the Implications of the Significant Investments Review Bill

On 9 January 2024, the Parliament of Singapore passed the Significant Investments Review Bill (SIRB). The SIRB aims to enhance national security by introducing measures to screen investments, both local and foreign, in entities…more

Business Entities, Foreign Investment, Foreign Ownership, Investment, National Security

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ASIC Updates Guidance on Initial Coin Offerings and Crypto-Assets

On 30 May 2019, the Australian Securities and Investments Commission (ASIC) updated its Information Sheet 225 which sets out guidance for entities that are looking to raise funds through initial coin offerings (ICOs) or are…more

ASIC, Australia, Cryptoassets, Cryptocurrency, Initial Coin Offering (ICOs)

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Carbon Quarterly – Special Edition

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Carbon Emissions, Clean Energy, Energy Projects, Energy Sector, Inflation Reduction Act (IRA)

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London’s New Appeal for Chinese Companies Looking to List

In the wake of the COVID-19 crisis, it has been widely reported that China has been urging domestic companies to look at listing in London, as it aims to revive transactions and strengthen overseas ties. Similarly, it is also…more

London Stock Exchange, Nasdaq, NYSE, Shanghai Stock Exchange, UK

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Proposed Changes to the Singapore Copyright Act – Enhancing Creators’ Rights and Users’ Access to Copyrighted Works

On 17 January 2019, the Singapore Ministry of Law and the Intellectual Property Office of Singapore issued the Singapore Copyright Review Report (the Report), which proposes a number of important amendments to the Singapore…more

Copyright, Copyright Infringement, Intellectual Property Protection, Proposed Amendments, Singapore

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Amendments to Japanese Insider Trading Regulations Which Broaden the Scope of Application to Tippers and Tender Offer Bids

On June 12 2013, a bill (the “Amendment Bill”) to amend the Financial Instruments and Exchange Act (FIEA was passed at the Diet session and promulgated as of June 19 2013…more

Bids, Illegal Tipping, Insider Trading, Japan, New Regulations

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Investing in India? Take a Look at the Amended India-Mauritius Tax Treaty Before You Do

On May 10, 2016, India and Mauritius signed a protocol amending the India-Mauritius double income tax treaty that would, among other things, permit India to tax a Mauritian resident on capital gains arising from the sale of…more

Double Taxation, Equity Investors, Foreign Investment, India

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After Important Cyber Insurance Victory for Policyholders, Focus Turns to Insurers' Proposed Changes to War Exclusions

A recent appellate court decision could help policyholders secure insurance coverage for losses arising out of state-sponsored cyberattacks. In Merck & Co., Inc. v. ACE American Ins. Co., the Superior Court of New Jersey…more

Corporate Counsel, Cyber Attacks, Cyber Insurance, Insurance Claims, Insurance Industry

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UK Company Restructuring Plans: What Is Next After Adler?

The England and Wales Court of Appeal recently handed down its first judgment relating to a restructuring plan under Part 26A of the UK Companies Act 2006: Re AGPS Bondco Plc [2024] EWCA Civ 24. Restructuring plans were a 2020…more

Corporate Restructuring, Cramdown, Creditors, Debt Restructuring, Equity

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Applying FIC (III): Transitional measures and the definition of ‘placing on the market’ under New Food Rules in the EU

Regulation 1169/2011 on the provision of food information to consumers (the FIC Regulation) entered into force on 13 December 2011, though its application is a gradual process: the specific requirements concerning the…more

EU, Food Labeling, Food Manufacturers, Food Safety

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Dr Who? Australia's FWC Says the Company Can Decide

A recent decision by the Full Bench of Australia's Fair Work Commission (Commission) has held that an employer has the right to: - direct an employee to attend a company doctor for an assessment to verify his or her…more

Australia, Fitness for Duty Exams

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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HHS Finalizes Regulation on Cost-Sharing Limitations and Drug Manufacturer Coupons

The Department of Health and Human Services (“HHS”) recently finalized a regulation (the “Regulation”) that informs employers how group health plans may account for drug manufacturer coupons for purposes of the Affordable Care…more

Affordable Care Act, Cost-Sharing, Coupons, Department of Health and Human Services (HHS), Manufacturers

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PEOs–The European Perspective

Professional employer organizations (PEOs) are third-party organizations engaged by companies, usually domiciled in one country, to directly employ individuals based in another country. Such arrangements are being increasingly…more

Employment Contract, EU, Professional Employer Organization, Staffing Agencies, UK

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The Charging Bull and the Fearless Girl: Moral Rights Protections in Australia and the U.S.

The Charging Bull has been an iconic New York City landmark since it was placed outside the New York Stock Exchange in December 1989 in an act of guerrilla art. The bull's sculptor, Artutro Di Modica, left the artwork as a as a…more

Moral Rights, Paintings Sculptures and Engravings, Visual Artists Rights Act (VARA)

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Tooey Analysis Extended to Occupational Disease Act

In Herold v. University of Pittsburgh, the Pennsylvania Commonwealth Court affirmed a Court of Common Pleas of Allegheny County decision, holding that: (1) common law claims for occupational diseases occurring four years after…more

Latent Occupational Diseases, Occupational Exposure, Pennsylvania, Workers' Compensation Claim, Workplace Hazards

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Singapore's New Civil Justice Regime: Seven Likely Changes of Note and What They Mean in Practical Terms

A variety of reforms (draft amendments) have been proposed to Singapore’s Rules of Court (Rules), the procedural rules applicable to all litigants in Singapore. The draft amendments aim to enhance the efficiency of resolving…more

Arbitration, Dispute Resolution, Singapore

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The Energizer - Volume 55

A biweekly update on blockchain technology applications, distributed energy resources, and other innovative technologies in the energy sector…more

Blockchain, Electric Vehicles, Energy Sector, Innovation

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The Corporate Transparency Act: Through a Family Office Lens

The Corporate Transparency Act (CTA) is going into effect on 1 January 2024 and will mandate the disclosure of certain information related to beneficial owners and controllers of most US domestic entities and certain non-US…more

Asset Management, Beneficial Owner, Corporate Transparency Act, Family Limited Partnerships, FinCEN

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OCIE’s 2015 Cybersecurity Examination Initiative

On September 15, 2015, the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) released a Risk Alert (the “2015 Risk Alert”) that announced its second round of cybersecurity…more

Best Practices, Broker-Dealer, Compliance, Cybersecurity, Data Loss Prevention

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Washington's Capital Gains Tax Upheld

On Friday, 24 March 2023, the Washington Supreme Court upheld the state’s capital gains tax (the WA CGT) in a 7–2 decision, bringing an end to months of uncertainty as a suit to challenge the new tax worked its way through the…more

Capital Gains, Capital Gains Tax, Corporate Taxes, Excise Tax

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Court of Chancery Rules on the Applicability of Forum Selection Clauses to Non-Signatories to a Contract and a Plaintiff’S Burden in Alleging Breach of the “Commercially Reasonable Efforts” Standard

In Neurvana Medical, LLC v. Balt USA, LLC et al., C.A. No. 2019-0034-KSJM (Del. Ch. Sep. 18, 2019), the Delaware Court of Chancery granted a motion to dismiss by a defendant parent company, whose subsidiary entered into a…more

Breach of Contract, Contract Terms, Forum Selection

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Ninth Circuit Opinion May Open Litigation Doors Most Thought Closed

A recent Ninth Circuit Court of Appeals opinion charts potential new pathways for claims for damages resulting from portfolio losses by mutual fund shareholders against both a fund’s trustees and its investment adviser. However,…more

Breach of Contract, Breach of Duty, Fiduciary Duty, Investment Adviser, Shareholders

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UK Shale Gas - Going all out for Shale

As part of a package of measures to kick-start the shale gas industry in the UK, the UK government issued a joint Written Statement by DECC and DCLG on 16 September 2015 containing a new shale gas and oil policy. This policy has…more

DECC, Earthquakes, Energy Sector, Groundwater Management Plan, Mineral Exploration

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Litigation Minute: Pixel Tools in the Health Care Arena (Pixel Tool Litigation Series: Part Four of Four)

What You Need to Know in a Minute or Less - The use of pixel technologies on websites and mobile apps in the health care field has garnered considerable attention from regulators and the plaintiffs’ class action bar. Regulators…more

Digital Health, Federal Trade Commission (FTC), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Mobile Apps

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Have You Noticed Your Payment Change? Advisory Rules Committee Proposes Amendments to Bankruptcy Rule 3002.1

The Judicial Conference Advisory Committee on Bankruptcy Rules (the “Advisory Committee”) recently published proposed amendments to the Bankruptcy Rules, including Bankruptcy Rule 3002.1, which requires a secured creditor to…more

Bankruptcy Code, Bankruptcy Plans, Chapter 13, Creditors, Notice Requirements

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Litigation Minute: Representations and Warranties in Mergers & Acquisitions: Safety Net or Snare? (Deal Litigation Series: Part One of Four)

What You Need To Know In a Minute or Less - 2021 was an unprecedented year for mergers and acquisitions (M&A), with both the number of transactions and the dollar value of those deals hitting all-time highs…more

Acquisitions, Due Diligence, Mergers, Risk Mitigation, Warranties

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Cleared for Landing: Aviation Newsletter

Cleared for Landing highlights significant developments and issues relating to aviation law and asset finance globally and is published jointly by our Aviation Industry and Banking & Asset Finance practice groups. This issue…more

Aircraft, Aircraft Financing, Airports, Airspace, Aviation Industry

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Energy Storage Handbook 2022

The K&L Gates Power practice is pleased to present the latest edition of the Energy Storage Handbook. This handbook is an annually updated primer on what energy storage is, how it is regulated by U.S. federal and state…more

Batteries, Clean Energy, CPUC, Department of Energy (DOE), Electricity

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Five Things Employers Need to Know About the ECJ’s Decision on Working Time

The European Court of Justice decided last week that for workers without a fixed place of work, time spent travelling from home to their first customer appointment and from the last customer appointment back home counts as…more

Corporate Counsel, European Court of Justice (ECJ), Minimum Wage, Rest and Meal Break, Wage and Hour

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SEC Adopts Payment Disclosure Rules for Resource Extraction Issuers

On June 27, 2016, the U.S. Securities and Exchange Commission (“SEC”) adopted Rule 13q-1 under the Securities Exchange Act of 1934 (the “Exchange Act”) and amendments to Form SD (Specialized Disclosure Report) (See SEC Release…more

Disclosure Requirements, Dodd-Frank, Exemptions, Form SD, IFRS

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Washington State Adopts Legislation Restricting Noncompetition Agreements

Finding that “workforce mobility is important to economic growth and development” and that “agreements limiting competition or hiring may be contracts of adhesion that are unreasonable,” the Washington State legislature enacted…more

Employment Contract, Former Employee, New Legislation, Non-Compete Agreements, Restrictive Covenants

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Will U.S. Export-Import Bank Financing of Australian LNG Projects be Cast Adrift on the “High Seas” by the Endangered Species Act?

We have previously reported on cases in which opponents to energy projects continue to expand their challenges to include not just direct sponsors of the projects, but their financial supporters as well. In particular, we…more

Australia, Endangered Species Act (ESA), Energy Projects, Energy Sector, Export-Import Bank of the US

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FERC Issues 2023 Enforcement Report

On 16 November 2023, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2023 Annual Report on Enforcement (FY2023 Report). The FY2023 Report is the 8th annual report…more

Compliance, Energy Market, Energy Sector, Enforcement Actions, FERC

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You Don’t Have to Pay for a Post Issuance Compliance Policy…But Have You Adopted One Yet?

A number of municipal entities have been receiving a solicitation to purchase a post-issuance debt policy and procedure manual. The advertisement suggests that having such a policy is required by the Internal Revenue Service…more

Compliance, IRS, Municipal Bonds, Municipalities, Tax Exemptions

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Impact of Brexit on Policyholders Buying Insurance in the UK Market

Following the UK referendum vote on 23 June to leave the European Union, businesses and individuals around the world are closely monitoring the emerging political, business and economic situation. It is not yet known…more

Arbitration, EU, Insurance Industry, Referendums, UK

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The Hydrogen Handbook - United States

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

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Happy New Year - the Small Business Insolvency Reforms Come to the Party

For many, 2020 has been the year to forget. The Coronavirus pandemic (COVID-19) has halted global economies and initiated recessions across continents and countries, including Australia. In an attempt to alleviate the financial…more

Australia, Creditors, Debt Restructuring, Insolvency, Restructuring

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New York Bill Proposes to Subject Certain Health Care Transactions to Regulatory Approval by the State

Important Takeaways Article 45-A aims to regulate large physician's practices managed by entities that are investor-backed. The proposed legislation would authorize the New York Department of Health (DOH) to review and approve…more

Health Care Providers, New York, Physicians, Regulatory Oversight

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Solving Failures in NFT Licensing

As blockchain and nonfungible tokens (NFTs) are still new technologies, their legal infrastructure is still developing, creating potential vulnerabilities. Three such vulnerabilities in the NFT space were exposed in our previous…more

Blockchain, Copyright, Creative Commons License, Licenses, Non-Fungible Tokens (NFTs)

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Brand Protection in China

Important new amendments to the Trademark Law and The Implementing Regulations of Trademark Law of the People’s Republic of China came into effect on May 1, 2014, as mentioned in our earlier publication China Adopts First…more

Amended Regulation, Brand, China, Sound Marks, Trademarks

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The Energizer - Volume 107

There is a lot of buzz around clean technology, distributed energy resources (DERs), microgrids, and other technological innovations in the renewable energy and clean transport industries and how these developments can…more

Department of Energy (DOE), Distributed Energy Resources (DERs), Energy Sector, Energy Storage, Hydrogen Power

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Some Welcomed Recognition for Exploration Mining Companies

As market sentiment and investor confidence in Australia's extractive industries remains subdued, recent initiatives from governments and regulators demonstrate, at least, an acknowledgment of the issues faced by mineral…more

Australia, Mineral Exploration, Mineral Extraction, Mining

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A Last Minute, Temporary Reprieve for Chicago Employers: Chicago Amends Paid Sick Leave Ordinance

With the 31 December 2023 effective date for the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (Ordinance) rapidly approaching, the Chicago City Council passed an amendment on 14 December 2023 (Amendment), which…more

City of Chicago, Employees, Employer Responsibilities, Employment Policies, Illinois

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COVID-19: Stricter Rules on FDI Screening in Italy, in the Wake of the Health and Sanitary Emergency

Following recent guidelines imparted by the European Commission, the “Liquidity Decree” (Law Decree no. 23 of 8 April 2020) includes specific provisions to amend and supplement the so-called “Golden Power” legislation, with a…more

Asset Protection, Coronavirus/COVID-19, European Commission, Investment, Italy

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Following Sackett, Another New Final WOTUS Rule

Responding to the US Supreme Court’s landmark decision in Sackett v. EPA, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) published a final rule (Sackett Rule), effective 8 September 2023,…more

Clean Water Act, Environmental Protection Agency (EPA), Sackett v EPA, US Army Corps of Engineers, Waters of the United States

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Strengthening National Security in Investments: Exploring the Implications of the Significant Investments Review Bill

On 9 January 2024, the Parliament of Singapore passed the Significant Investments Review Bill (SIRB). The SIRB aims to enhance national security by introducing measures to screen investments, both local and foreign, in entities…more

Business Entities, Foreign Investment, Foreign Ownership, Investment, National Security

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EPA Authorizes New Standard for Phase I Environmental Site Assessments and “All Appropriate Inquiries”

On August 15, 2013, the U.S. Environmental Protection Agency (“EPA") published an amendment to the All Appropriate Inquiries Rule that introduces a new industry standard for completing a Phase I Environmental Site Assessment…more

CERCLA, Environmental Assessments, Environmental Policies, Environmental Protection Agency (EPA)

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ESG and the Sustainable Economy

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Supermac Takes a Bite Out of McDonald’s as it Loses the BIG MAC Trade Mark in the European Union

Although it may be one of the most famous burgers in the world, on 15 January 2019, Supermac’s (Holdings) Ltd was successful in seeking the cancellation of McDonald’s International Property Company Ltd (McDonald’s) EU trade mark…more

European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, McDonalds, Trademark Registration, Trademarks

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Brussels Regulatory Brief: July 2019

INSTITUTIONAL DEVELOPMENTS - EU Institutions Move Forward With The Selection Of Their Leaders For The New Legislative Cycle - On 2 July 2019, the European Council, which gathers Heads of State or Government of the 28 EU Member…more

Banking Sector, Competition, EU, European Central Bank, European Commission

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Fifth Circuit Affirms Dismissal of Derivative Suit Against Mutual Fund Adviser and Trustees

The Fifth Circuit Court of Appeals recently affirmed the dismissal of a shareholder derivative suit filed against the manager and trustees of a Massachusetts business trust and SEC-registered investment company. In doing so, the…more

Asset Management, Derivative Suit, Investigations, Investment Funds, Mutual Funds

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"Right to Repair" Law Requires Manufacturers to Give Up the Fix in New York

To give consumers the ability to repair their own electronic devices, New York is leading the way in “Right to Repair” legislation with its Digital Fair Repair Act, N.Y. Gen. Bus. Law § 399-NN (2022). The Digital Fair Repair Act…more

Manufacturers, New York, OEM, Repairs, Right to Repair

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Brussels Regulatory Brief: November 2023

Antitrust and Competition - European Commission Approves Consolidation in the Ground Transportation Sector Subject to Remedies - The companies are two global suppliers of signalling systems for mainline and urban railway…more

Big Tech, Competition, Court of Justice of the European Union (CJEU), Economic Sanctions, EU

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COVID-19: CFPB Narrows Servicers' Obligations in Final COVID-19 Mortgage Servicing Regulations

In the wake of the COVID-19 pandemic, the Consumer Financial Protection Bureau (CFPB) issued a series of proposed amendments to the federal servicing regulations designed to assist mortgage borrowers impacted by the pandemic and…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Mortgage Lenders, Mortgage Servicers

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Protection of Store Layout Under Copyright Law: the KIKO Case

The Italian Supreme Court decision on the KIKO case (Cass. 780/2020) is the most recent judgement made in the wake of the Cofemel decision (case C-683/17) and follows the UK IPEC decision in Response Clothing…more

Copyright, Italian Supreme Court

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FTC Throws Down the Gauntlet To Information Providers and Users

The Federal Trade Commission (FTC) started the New Year by throwing down the gauntlet to organizations that sell, buy or otherwise provide or use “Big Data” analytics, particularly including employers, creditors, landlords,…more

Big Data, Disparate Impact, ECOA, Fair Credit Reporting Act (FCRA), Federal Trade Commission (FTC)

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COVID-19: Air Carrier Worker Support Under the CARES Act

Last Friday, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act”), which will provide, among other things, financial assistance directed towards the continued…more

Airlines, Aviation Industry, CARES Act, Coronavirus/COVID-19, Federal Loans

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The SEC Fines Stand-Alone Adviser for Off-Channel Communications

Overview - On 3 April 2024, the US Securities and Exchange Commission (the SEC) announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve certain…more

Asset Management, Compliance, Data Preservation, Electronic Communications, Email

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Swap Clearing and the Commercial End User Exception: Corporate Governance and Risk Management Issues for Commercial Companies

Central clearing of over-the-counter derivatives is a central pillar of the financial services reforms that are embodied in the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). The presumption of…more

Commercial End-User Exception, Corporate Governance, Dodd-Frank, End-Users, Risk Management

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The OIG Audits Diagnostic Sleep Studies — How Providers Should Respond

Introduction - On June 7, 2019, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) released a report summarizing its investigation into whether Medicare made payments to…more

60-Day Rule, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Medicare

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Patent and Plant Breeder’s Rights Year in Review

Welcome to the first edition of K&L Gates Australia, Patent and Plant Breeder’s Rights Year in Review in which we examine the significant judgments, developments and events effecting patents and plant breeder’s rights in…more

Australia, Patent Infringement, Patent Litigation, Patents, Plant Breeders Rights Act

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Employer Liable for Employee Assault on Customer

What happened? In Mohamud v WM Morrison Supermarkets plc, the Supreme Court decided that the employer was vicariously liable for an employee’s assault on a customer. Mr Mohamud, a man of Somali origin, went into a Morrisons…more

Assault, Employer Liability Issues, SCOTUS, Vicarious Liability

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ESG Regulatory Developments in the UK, Japan, and Hong Kong

INTRODUCTION - We’ve heard a lot over the past year about Environmental, Social and Governance (ESG) regulatory developments affecting asset managers in the European Union, which is regarded as leading the way on ESG regulation…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Foreign Investments Made before 9 January 2013 Will Soon No Longer Benefit from the Protection Standards Afforded by the Polish-Italian BIT

The bilateral treaty between the Republic of Poland and the Republic of Italy on the promotion and protection of investments signed in Warsaw on 10 May 1989 (the “Polish-Italian BIT”) expired on 9 January 2013. However, Italian…more

Bilateral Investment Treaties, Foreign Investment, Investors, Poland

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Private Enforcement of Claims for Competition Law Infringement has Become a Fact in Poland - Will Polish Courts be Overwhelmed with Actions for Damages?

Last week (on June 5, 2017) the President of Poland signed the Act on actions for damages for infringements of competition law (the “Act”). The Act will enter into force 14 days from its announcement in the Journal of Laws (i.e…more

Competition, Competition Authorities, EU, Poland

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Proposed Regulations Provide Welcome Guidance for 20% Pass-Through Deduction

Among the more noteworthy changes made by the Tax Cuts and Jobs Act of 2017 was the creation of Code Section 199A, which grants a deduction to owners of certain pass-through businesses (i.e., sole proprietorships, partnerships,…more

Business Taxes, Pass-Through Entities, Proposed Regulation, Tax Cuts and Jobs Act, Tax Deductions

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Energy Storage Handbook

As of today, approximately 800 MW of advanced energy storage technologies have been deployed in the United States, with nearly all of that capacity coming online in the last decade. New technologies, use cases, and…more

Electricity, Energy Efficiency, Energy Market, Energy Sector, Energy Storage

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Independent Review of Franchising Code – Final Report Released

The Australian Government has now released the Final Report of the Independent Review of the Franchising Code of Conduct (Code) submitted by Dr Michael Schaper. The Report contains a number of significant findings and…more

Australia, Code of Conduct, Franchise Agreements, Franchises

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Recent FDA Steps to Advance Medical Device Access and Innovation

On November 6, 2017, U.S. Food and Drug Administration (“FDA” or “the Agency”) Commissioner Dr. Scott Gottlieb reiterated the Agency’s commitment to advancing medical device access and innovation by stating, “[o]ur goal is to…more

510(k) RTA, Food and Drug Administration (FDA), Innovation, Medical Devices

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Clean Water Act Permits for Discharges to Groundwater: EPA Issues Guidance on County of Maui v. Hawaii Wildlife Fund

On 14 January 2021, the U.S. Environmental Protection Agency (EPA) issued a guidance memorandum on the application of the U.S. Supreme Court’s 23 April 2020 decision in County of Maui v. Hawaii Wildlife Fund (Maui)…more

Clean Water Act, Direct Discharge, Discharge of Pollutants, Environmental Protection Agency (EPA), Functional Equivalent

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ReNEWS Southeast Volume 8

Florida Legislators File a 100 Percent Clean Energy Bill - On August 27, 2019, Representative Anna Eskamani (Democrat, Orlando) filed HB 97, which seeks 100 percent clean energy in Florida by 2050, according to a press…more

Clean Energy, Energy Projects, Energy Sector, Renewable Energy, Solar Energy

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Good News for Global Fintechs: Proposed Amendment to Taiwan's Act Governing Electronic Payment Institutions Aims to Consolidate the Development of Electronic Money and Payment Industries and Streamline the Provision of Payments

Two separate legal regimes currently govern Taiwan’s payment institution and electronic money industries: On electronic money, the Act Governing Issuance of Electronic Stored Value Cards (電子票證發行管理條例), promulgated in January…more

Electronic Payment Transactions, Financial Services Industry, FinTech, Taiwan

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The Hong Kong Stock Exchange's Consultation: Conclusions on the Main Board Profit Requirement

On 20 May 2021, The Stock Exchange of Hong Kong Limited (the Exchange) published conclusions (Consultation Conclusions) to its consultation paper on 27 November 2020 (the Consultation Paper). The Consultation Paper relates to…more

Consultation Papers, Hong Kong, Hong Kong Stock Exchange, Listing Rules, Small and Medium-Sized Enterprises (SMEs)

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Act on Financial Support for Audiovisual Production Published in the Journal of Laws

An act on financial support for audiovisual production was published in the Journal of Laws on 10 January 2019, which marks the final stage of the legislative process. The Polish Film Institute (PISF) will soon provide financial…more

Film Industry, Media, Poland

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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OECD/G20 Base Erosion and Profit Shifting Project — Final Reports Released

On October 5, 2015, the Organisation for Economic Co-operation and Development (“OECD”) published final reports outlining the “actions” to be undertaken by OECD members as part of the base erosion and profit shifting (“BEPS”)…more

BEPS, G20, International Tax Issues, OECD, Tax Rates

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The Department of Treasury and IRS Recognize All Legal Same-Sex Marriages

On August 29, 2013, the U.S. Department of Treasury and Internal Revenue Service (“IRS”) issued Revenue Ruling 2013-17 providing that legally married same-sex couples will be treated as married for Federal tax purposes…more

DOMA, IRS, Marriage, Same-Sex Marriage, SCOTUS

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New Jersey Supreme Court Calls for More Specific Language in Arbitration Agreements

Although New Jersey public policy generally favors arbitration as a method of resolving disputes, following the New Jersey Supreme Court’s unanimous holding in Atalese v. U.S. Legal Services Group L.P., companies doing business…more

Arbitration, Arbitration Agreements, Contract Drafting, Void and Unenforceable

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How Secure is Your Pennsylvania Real Property Tax Exemption?

In late January, County Executive Richard Fitzgerald announced that thousands of tax-exempt properties in the county will have their exemptions reviewed in 2013. According to Fitzgerald, each owner of tax-exempt property within…more

Property Tax, Tax Exemptions

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Oregon Employment Legislation to Keep an Eye on This Year

As the Oregon 2021 legislative session gets underway, there are several bills that, if passed, would have a significant impact on the employment landscape: lowering burden of proof requirements for employees bringing claims of…more

Burden of Proof, Discrimination, Independent Contractors, Legislative Agendas, Non-Compete Agreements

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Breach of Duty of Fair Presentation under the Insurance Act 2015 - Court Finds Insurer was Entitled to Avoid Policy

Introduction - In Berkshire Assets (West London) Limited v Axa Insurance UK Plc [2021] EWHC 2689 (Comm) the insured failed to disclose to the insurers of its Construction All Risks and Business Interruption policy that one of…more

Breach of Duty, Insurance Industry, UK

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The Property Law Act 2023 Introduces Major Reforms

Key Points - The Property Law Act 2023 (the New Act) was passed on 25 October 2023. It will likely receive Royal Assent in the next week and will commence on a date set by proclamation (to be announced soon)…more

Australia, Commercial Property Owners, Deeds, Disclosure Requirements, Leases

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Perrigo Co. v. AbbVie Inc. - Third Circuit Holds Mutual Release Bars Generic Drug Company's Antitrust Claim

On 21 July 2022, the Third Circuit in Perrigo Co. v. AbbVie Inc. affirmed the district court’s judgment that the mutual release in the settlement agreement between the parties from an earlier patent infringement and Hatch-Waxman…more

Antitrust Litigation, Antitrust Provisions, Generic Drugs, Hatch-Waxman, Patent Infringement

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Air Traffic Control Détente Sends FAA Reauthorization Down the Runway

More than two years after the underlying legislation was first introduced, the House of Representatives voted on April 27, 2018 to pass the FAA Reauthorization Act of 2018 (H.R. 4; the “Act”), a five-year reauthorization of the…more

Air Traffic Control Systems, Aviation Industry, Drones, Federal Aviation Administration (FAA), Reauthorization

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Violence in Schools Leads to AUD10M WHS Undertaking

Largest Enforceable Undertaking by Monetary Value - The Australian Capital Territory (ACT) Education Directorate (ACT Education) has signed on to the largest enforceable undertaking, by monetary value, to date under…more

Australia, Teachers, Workplace Safety, Workplace Violence

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Arbitration World - December 2012

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic…more

Attorney-Client Privilege, Choice-of-Law, Corporate Counsel, Foreign Investment, Foreign Jurisdictions

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Supreme Court Limits Shareholder Suits based on "Pure Omissions" in Corporate Disclosures

On Friday, 12 April 2024, the United States Supreme Court unanimously ruled that a corporation’s failure to disclose certain information about its future business risks, without more, cannot form the basis of a private…more

Asset Management, Environmental Social & Governance (ESG), Investors, Oil & Gas, Publicly-Traded Companies

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Chancery Court Calls Plaintiffs’ Bet by Granting in Part and Denying in Part Partial Motion to Dismiss Breach of Fiduciary Duty Claims in Case Alleging Failure to Disclose Material Facts and Structuring a Transaction for Defendants’ Personal Financial Benefit

The Delaware Court of Chancery granted in part and denied in part Plaintiff’s partial motion to dismiss, finding that the standard for breach of fiduciary duty was not met as against certain directors and officers of the Company…more

Breach of Duty, Fiduciary Duty, Shareholders

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New USPTO Guidelines on AI-Assisted Inventions Leave Many Questions Unanswered

The US Patent and Trademark Office (USPTO) recently issued what it labeled as Inventorship Guidance for AI-Assisted Inventions [Docket No. PTO-P-2023-0043]. Despite its name, the document provides little in the way of certainty…more

Artificial Intelligence, Computer-Related Inventions, Intellectual Property Protection, Inventions, Inventors

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Saving Grace

Credit Unions Provided a Grace Period to Comply With New Customer Due Diligence Requirements - In May of 2018, the new Customer Due Diligence Requirements for Financial Institutions (the “CDD Rule”) from the Financial Crimes…more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Customer Due Diligence (CDD), FinCEN

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COVID-19: New UK Corporate Insolvency and Restructuring Tools and Reforms

Executive Summary - New legislation will introduce permanent and temporary reforms to the UK restructuring and insolvency regime…more

Coronavirus/COVID-19, Debt Restructuring, Insolvency, Relief Measures, UK

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COVID-19: Back to Business: Congress Considers Liability Protections and Safety Regulations for Employers, Health Care Workers

On May 12, the Senate Judiciary Committee held a hearing to examine the issue of whether the next round of coronavirus (COVID-19) relief legislation should include limits on employees and consumers’ ability to sue health care…more

Coronavirus/COVID-19, Employer Liability Issues, Healthcare Workers, Risk Management, Workplace Safety

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Arbitration World

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, China

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Recent Settlements Provide Insight on the SEC's Approach to Self-Reporting and Cooperation Credit in Enforcement Actions

Introduction - A perennial message from the Securities and Exchange Commission (SEC) Division of Enforcement is to extol the benefits of cooperation with enforcement investigations. The link between cooperation and a meaningful…more

Corporate Counsel, Enforcement Actions, Investigations, Securities and Exchange Commission (SEC), Securities Violations

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Federal Circuit Holds Prosecution Laches Defense is Available to PTO in a 35 U.S.C. § 145 Action

On Tuesday, 1 June 2021, the Federal Circuit issued a rare decision holding that the Patent and Trademark Office (the PTO) may assert prosecution laches as an affirmative defense in a civil action brought by a patentee to obtain…more

Board of Patent Appeals, GATT, Patent Applications, Patent Litigation, Patents

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Supreme Court of Pennsylvania Hears Argument to Preclude Occupational Disease Claims Against Former Employers

On 10 April 2024, the Supreme Court of Pennsylvania heard argument in Herold v. Univ. of Pittsburgh, in which the Court is reviewing a 2023 Commonwealth Court decision holding that the exclusive remedy provision of the…more

Jurisdiction, Latent Occupational Diseases, Occupational Exposure, PA Supreme Court, Workers Compensation Act

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COVID-19: Applicability of Force Majeure Clauses in the United States

On March 11, 2020, the World Health Organization declared the novel coronavirus (COVID-19) a global pandemic. As of March 18, 2020, the United States had reported at least 5,881 cases of COVID-19, including 107 deaths…more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Italian Supreme Court Tough Again on Formalities for Powers of Attorney

The Italian Supreme Court confirmed, yet again, the crucial importance of complying with certain Italian law formalities for the validity in Italy of a power of attorney granted and notarized abroad (the “PoA”). By decision no…more

Italy, Notarization, Power of Attorney

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ASIC Proposes New Foreign Licensing Regime

On 1 June 2018, the Australian Securities and Investments Commission (ASIC) announced that it is proposing to implement a modified form of an Australian Financial Services Licence (AFS Licence) for Foreign Financial Service…more

ASIC, Australia, Financial Institutions, Financial Services Industry

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New Due Diligence Needs for a Rapidly Expanding Risk Factor Landscape…and What Diligence Teams Can Do

Today, investors and their diligence teams face the new challenge of emerging socio-economic risk exposures. These risk factors are many, varied, and shifting… and are growing out of our divided cultural and business…more

Disclosure Requirements, Due Diligence, Investors, Shareholders

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COVID-19: Enforcement Trends in Latin America and Corporate Risk Mitigation in the Next Global Hotspot

As European, Asian, and North American governments continue to navigate how best to ease restrictions previously implemented to mitigate the effects of COVID-19, by many accounts the virus’s human and economic impact in Latin…more

Coronavirus/COVID-19, Latin America, Risk Mitigation

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Arbitration World

FROM THE EDITORS: Welcome to the 36th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Federal Arbitration Act

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Pennsylvania Superior Court Applies a Stricter Burden of Proof to Enforce "Browsewrap" Arbitration Clauses, Departing From Other Jurisdictions

On 19 July 2023, the Pennsylvania Superior Court established a set of requirements for companies that rely on “browsewrap” agreements in order to secure consumers’ consent to arbitration. In a departure from other courts that…more

Arbitration, Arbitration Agreements, Browsewrap Agreement, Dispute Resolution

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SEC Adopts Rule Changes To Promote Capital Investment And Harmonize Private Placement Framework

INTRODUCTION - On 2 November 2020, the U.S. Securities and Exchange Commission (SEC) adopted significant amendments to the exempt offering framework under the Securities Act of 1933, as amended (Securities Act), to harmonize,…more

Asset Management, Capital Investments, Capital Markets, General Solicitation, Investment

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Challenge Accepted: Federal Trade Commission Issues Final Rule Banning Noncompete Agreements for Most Workers

On Tuesday, 23 April 2024, the Federal Trade Commission (FTC or Commission) hosted a Special Open Commission Meeting, in which the Commissioners voted 3-2 to publish and issue a Final Rule that: bans for-profit employers from…more

Competition, Employer Liability Issues, Employer Responsibilities, Employment Contract, Federal Trade Commission (FTC)

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USPTO Proposes Rulemaking to Implement Provisions of the Trademark Modernization Act of 2020

On 18 May 2021, the U.S. Patent and Trademark Office (USPTO) published a notice of proposed rulemaking concerning the Trademark Modernization Act of 2020 (TMA). The USPTO proposed to amend the rules to implement certain…more

Corporate Counsel, Trademark Modernization Act (TMA), Trademark Trial and Appeal Board, Trademarks, USPTO

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HUB Talks: Gateway to Privacy: In the Weeds with Colorado Privacy Act Regulations

Our Seattle partner Jake Bernstein, along with Seattle associate Eric Vicente Flores discuss the newly adopted Colorado Data Privacy Act that went into effect on 1 July 2023. This will be the third state privacy law in the US,…more

Colorado, Consumer Privacy Rights, Data Controller, Data Privacy, Data Processors

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Independent Review of Franchising Code – Final Report Released

The Australian Government has now released the Final Report of the Independent Review of the Franchising Code of Conduct (Code) submitted by Dr Michael Schaper. The Report contains a number of significant findings and…more

Australia, Code of Conduct, Franchise Agreements, Franchises

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Cryptoasset Regulatory Update: HM Treasury Publishes Consultation Paper on the Future of the Financial Services Regulatory Regime for Cryptoassets

Introduction - On Wednesday, 1 February 2023, HM Treasury announced its intention to regulate a variety of crypto-asset activities under the UK financial services regulatory regime. The announcement arrived in the form of a…more

Capital Markets, Cryptoassets, Cryptocurrency, Financial Services Industry, FSMA

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Planning Bulletin - Air Quality and the Requirement for Effective Mitigation

On 12 September 2019, the Court of Appeal upheld a planning inspector’s decision to refuse planning permission on air quality grounds for two residential and extra care developments in an air quality management area (AQMA) (an…more

Air Quality Standards, Land Developers, Urban Planning & Development

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Federal Court Enjoins Texas Medical Board from Enforcing More Stringent Telemedicine Rules

On April 10, 2015, the Texas Medical Board (the “Board”) voted to adopt stricter regulations governing the practice of telemedicine, which were scheduled to go into effect June 3, 2015 (the “Revised Regulations”). The Board…more

Amended Regulation, Antitrust Provisions, Federal Trade Commission (FTC), Health Care Providers, Healthcare

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COVID-19: Real Estate Contract Law in France

As COVID-19 continues to spread in France, leading the Government to announce a national lockdown, some important questions arise concerning the Force Majeure and the "unforeseeability" theory as regards to their applicability…more

Breach of Contract, Commercial Real Estate Contracts, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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Brussels Regulatory Brief: March 2024

Antitrust and Competition - The European Commission Fines Apple EUR 1.8 billion for Abusing Its Dominant Position in the Music Streaming Sector - On 4 March 2024, the European Commission (Commission) fined Apple EUR 1.8 billion…more

Anti-Competitive, Antitrust Provisions, Apple, Artificial Intelligence, Competition

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Modernization of Luxembourg Fund Products: Enhancing the Investment Fund Toolbox

With the recent entry into force of the law of 21 July 2023 (the Modernization Law) on 28 July 2023, Luxembourg significantly modernizes its investment fund toolbox by introducing several amendments to existing laws governing…more

Asset Management, EU, Financial Markets, Financial Services Industry, Fund Managers

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BIPA Trending: Illinois Biometric Privacy Act Litigation Once Again On the Rise

K&L Gates has previously issued client alerts related to Illinois’ Biometric Information Privacy Act (“BIPA”), and the lawsuits that have been filed against companies that allegedly collect, store, and/or use biometric…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Security

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Is Social Media Sharing of Sports Clips Copyright Infringement? Recent UK Judicial Clarification and International Implications

In our annual review last year “Sports Industry 2015: A Year of Unprecedented Landmark Change”, we predicted that the battle against media piracy would be a key area for rights holders in 2016, highlighting “social media…more

Copyright, Copyright Infringement, Digital Media, Mobile Apps, Online Videos

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Arbitration World - November 2021

FROM THE EDITORS - In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the…more

Arbitral Authority, Arbitration, Arbitration Agreements, Arbitration Awards, Dispute Resolution

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First Amendment of China's Anti-Monopoly Law – Key Takeaways

After two years of public consultation and two readings at the National People’s Congress, the first amendment to the Anti-Monopoly Law of the People’s Republic of China (PRC) has been promulgated under the spirit of…more

Anti-Monopoly, Business Operations, China, Competition, Merger Controls

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Connected or Automated Vehicles: The European Commission Presents its Strategy for Europe

On 30 November 2016 the European Commission (“Commission” or “EC”) presented its Communication on connected cars for Europe, under the more formal denomination “A European Strategy on Cooperative Intelligent Transport Systems…more

Article 29 Working Party (WP29), Automotive Industry, CNIL, Connected Cars, Data Protection Authority

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Timber Briefing: U.S. Lumber Prices Could Be Affected By Sanctions on Russia

The U.S. lumber market has seen unprecedented price rises in recent years. Prices could climb even higher as the world responds to the conflict between Russia and Ukraine. Russia is a major exporter of wood in the global market,…more

Economic Sanctions, Exports, Forestry, Imports, Lumber Industry

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COVID-19: Japanese Economic Stimulus Package is Unveiled

Background - On April 7, 2020, the Cabinet of Japan approved a supplementary appropriation bill (the “Bill”), which included a JPY 108 trillion (US$997 billion) economic stimulus package in light of the COVID-19 outbreak (the…more

Financial Stimulus, Japan, Relief Measures

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Crisis Management in the Gas Patch (Part 3): Additional Insured Coverage

In a challenging business climate, such as when oil and gas are selling at low prices, exploration and production companies are not only increasingly selective with their drilling programs and capital expenditures, but are also…more

Crisis Management, Insurance Industry, Master Service Agreement, Oil & Gas

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SEC Enforcement Action Cites Bank for Operating Collective Investment Funds as Unregistered Investment Companies: Key Takeaways for Banks and Advisers

Banks and trust companies maintaining collective investment funds (CIFs) took notice when the U.S. Securities and Exchange Commission (SEC) announced enforcement proceedings on 30 September 2020 against Great Plains Trust…more

Banks, Investment Adviser, Investment Company Act of 1940, Investment Funds, Investment Management

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Changes to Foreign Ownership and Visa Rules Announced

At a meeting of the Cabinet of the Council of Ministers of the United Arab Emirates (“UAE”), the UAE Government decided to allow foreign investors to own 100% of their businesses in the UAE and approved sweeping changes to the…more

Foreign Investment, Foreign Ownership, Investors, United Arab Emirates (UAE), Visas

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Sirius XM Radio, Inc. v. Hegar: Texas Supreme Court Rejects Comptroller Franchise Tax Apportionment Interpretation

In a much anticipated opinion addressing Texas franchise tax apportionment, the Texas Supreme Court ruled on 25 March 2022 in favor of the taxpayer, overturning a court of appeals decision that had upheld the Texas Comptroller’s…more

Apportionment, Comptroller, Franchise Taxes, SiriusXM, TX Supreme Court

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Investing in India? Take a Look at the Amended India-Mauritius Tax Treaty Before You Do

On May 10, 2016, India and Mauritius signed a protocol amending the India-Mauritius double income tax treaty that would, among other things, permit India to tax a Mauritian resident on capital gains arising from the sale of…more

Double Taxation, Equity Investors, Foreign Investment, India

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Department of Labor Announces that Benefit Plans Providing Disability Benefits Must Comply With New Disability Claims Procedure Regulations by April 1, 2018

Earlier this month, the Department of Labor (“DOL”) announced that its final rule amending the claims procedure requirements for plans providing disability benefits (“Disability Benefit Plans”) will become effective April 1,…more

Claim Procedures, Department of Labor (DOL), Disability, Disability Benefits, Employee Benefits

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District Court Shows Timeshare "Exit" Attorney the Exit

In May of 2022, a New Jersey District Court ruled in favor of Diamond Resorts, declining to find them liable under the Fair Credit Reporting Act. The case, Esperance v. Diamond Resorts, provides insight on how courts are…more

Credit Reports, Debt, Fair Credit Reporting Act (FCRA), Timeshare

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New Jersey Appellate Division Affirms Policyholder Victories for Coverage of Asbestos Claims

On July 20, 2016, the New Jersey Superior Court, Appellate Division, issued its opinion affirming the trial court’s entry of final judgment in favor of the policyholder, Honeywell International Inc. (“Honeywell”), on its claims…more

Asbestos, Asbestos Litigation, Choice-of-Law, Honeywell International, Insurance Industry

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HUB Talks: Fintech Forward: The Intersection of Cryptocurrencies and NFTs

In this episode, Jeremy McLaughlin and Justin Wales discuss the state of the cryptocurrency industry, the allure of NFTs, the potential impact of industry regulation, concerns about money laundering, and more…more

Cryptocurrency, Decentralized Finance (DeFi), Digital Assets, Digital Currency, FinTech

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Legality of Industrial Hemp Products Back in Limbo in the Carolinas

Industrial hemp appears poised to become a significant agricultural commodity in the United States in coming years. In addition to Washington and South Carolina, states such as North Carolina have started changing – and in many…more

Agricultural Sector, Hemp, Marijuana Cultivation, State and Local Government

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The President’s Groundhog’s Day Budget Casts a Shadow on Some but Offers Sunshine for Others

On February 2nd, President Obama released his Fiscal Year (FY) 2016 budget request to Congress. Along with the budget, the Department of the Treasury (Treasury) released a volume called “General Explanations of the…more

Barack Obama, Federal Budget, Green Book, U.S. Treasury

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Surprise Billing Regulations: Out-of-Network Providers at In-Network Facilities

On 1 July 2021, the Department of the Treasury, the Department of Labor, and the Department of Health and Human Services (the Departments) issued an interim final rule (IFR) implementing certain provisions of the No Surprises…more

Cost-Sharing, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities, Interim Final Rules (IFR)

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Discombobulated Contractual Communications? Let Us Be Clear!

Introduction - Imagine you are on a construction site somewhere in the Middle East. On-site you will likely hear the following phrases and mutations thereof: “Are you going to answer me?” and “Why are you telling me this now?"…more

Construction Contracts, Construction Industry, Contract Drafting, Contract Negotiations, Contract Terms

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New Jersey’s Gamble Pays Off as Supreme Court Rules Federal Prohibition on Sports Betting Unconstitutional

In a 6–3 decision that will have major implications for the multibillion-dollar sports betting industry, the U.S. Supreme Court invalidated a 1992 federal law barring states from legalizing sports gambling. The ruling…more

Anti-Commandeering, Constitutional Challenges, PASPA, SCOTUS, Sports

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COVID-19: Force Majeure and Your IT Project – Seven Things to Consider Before Pulling the Trigger

As the COVID-19 pandemic continues to create disruptions to economies and businesses across the globe, we have found many businesses are facing increasing, and changing, risks in projects they have on foot - and IT projects are…more

Coronavirus/COVID-19, Force Majeure Clause

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COVID-19: SEC Advises Companies Preparing for Earnings Communications Amidst the COVID-19 Pandemic

Last week, the chairman of the Securities and Exchange Commission (the “SEC”) and the director of the SEC’s Division of Corporation Finance issued a joint statement urging public companies to be transparent and thorough in their…more

Coronavirus/COVID-19, Disclosure Requirements, Earnings Reports, Non-GAAP Financial Measures, Securities and Exchange Commission (SEC)

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RegTech as a Competitive Advantage

According to a recent Thomson Reuters Survey, financial institutions on average spend £40m a year on compliance, with some spending up to £300M annually on compliance and customer due diligence. In an environment of constant…more

EU, European Securities and Markets Authority (ESMA), General Data Protection Regulation (GDPR), Popular, RegTech

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Schwartz v. Accuratus Corp.: Nonspouse’s “Take-Home” Liability Case

The U.S. District Court for the Eastern District of Pennsylvania recently issued a decision that permitted a frequent visiting nonspouse to maintain a “take-home” exposure claim under New Jersey law. Although the Court was…more

Beryllium Exposure, Duty of Care, Employer Liability Issues, Employment Litigation, Take-Home Exposure

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COVID-19: Enforceability of Electronic Signatures and Notaries Amidst COVID-19

The COVID-19 outbreak has clearly led to many disruptions in the workplace, including an increasing amount of employers encouraging, and in some cases requiring, their employees to work remotely…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Electronic Records, Public Notaries

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Seventh Circuit Strikes Down Delaware Forum Selection Clause and Clears Path to Federal Court for Securities Exchange Act Claims

The Seventh Circuit issued a resounding message: Delaware forum selection clauses in corporate bylaws cannot lawfully prevent a plaintiff from bringing claims under the Securities Exchange Act of 1934 (the Exchange Act or the…more

Appeals, Boeing, Bylaws, Delaware General Corporation Law, Derivative Suit

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Congressional Earmarks Could Soon Return: Will You Be Ready?

“No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.” – U.S…more

Appropriation, Federal Funding, Infrastructure

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Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and Require Disclosure of Salary Ranges in Job Postings

On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information…more

Disclosure Requirements, Federal Acquisition Regulations (FAR), Federal Contractors, Job Ads, Job Applicants

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IRS Notice 2018-59 Clarifies Rules on Beginning of Construction of Solar Facilities to Qualify for the Investment Tax Credit

On June 22, 2018, the U.S. Department of the Treasury (“Treasury”) issued Notice 2018-59 (the “Notice”), which deals with the “begin construction” test that is applicable to solar projects…more

Energy Projects, Energy Sector, Investment Tax Credits, IRS, Production Tax Credit

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Treasury and IRS Propose Regulations for Inflation Reduction Act's Low-Income Communities Bonus Credit Program

On 1 June 2023, the US Department of the Treasury (Treasury) and Internal Revenue Service (IRS) issued a notice of proposed rulemaking (NOPR) regarding the Low-Income Communities Bonus Credit Program (Program) established under…more

Energy Projects, Energy Sector, Inflation Reduction Act (IRA), Infrastructure, Internal Revenue Code (IRC)

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China to Allow Foreign Asset Managers to Operate Local Funds

Recently, the Asset Management Association of China (“AMAC”) issued a Q&A on Private Securities Fund Registration (No.10) (“Q&A No.10”), under which foreign asset managers are allowed to form a wholly foreign-owned enterprise…more

Asset Management Association of China (AMAC), China, Foreign-Owned Corporations, Fund Managers, Investment Funds

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Interest Relationship Disclosure – FTC’s New Guidelines Regarding Astroturfing

Taiwan’s Fair Trade Act (FTA) governs the maintenance of the trading order, protects consumers’ interests, ensures fair competition and promotes economic stability and prosperity. Noznetheless, there were originally no…more

Disclosure Requirements, Federal Trade Commission (FTC)

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First Amendment of China's Anti-Monopoly Law – Key Takeaways

After two years of public consultation and two readings at the National People’s Congress, the first amendment to the Anti-Monopoly Law of the People’s Republic of China (PRC) has been promulgated under the spirit of…more

Anti-Monopoly, Business Operations, China, Competition, Merger Controls

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The 2014 Election: A Critical Juncture in Financial Services Legislation, Regulation, and Oversight

As November draws closer, the financial services industry is staking out a front row seat in tracking the outcomes of the 2014 midterm elections. The 114th Congress’ legislative agenda in this area will be shaped in large part…more

Banks, Dodd-Frank, Federal Reserve, Financial Institutions, GSE

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Fashion Law Newsletter - March 2017

"Fashions fade, style is eternal." - Yves Saint Laurent - Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In this issue we touch…more

Fashion Design, Fashion Industry, Intellectual Property Protection, Retail Market, Trademarks

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Up Next: Lenders May Be the Next Government Focus for PPP Fraud

INTRODUCTION - On 24 January 2023, the Board of Governors of the Federal Reserve System (the FRB) announced it entered into a consent order (Consent Order) with a member bank imposing an approximately US$2.3 million civil money…more

Borrowers, Enforcement Actions, Federal Reserve, Financial Stimulus, Fraud

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US Supreme Court Opens New Path to Assist Foreign Award Creditors Seeking to Enforce Arbitral Awards

In its opinion of 22 June 2023 in Yegiazaryan v. Smagin, the US Supreme Court ruled that a foreign award creditor may bring claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) related to the enforcement of…more

Foreign Arbitral Awards, International Arbitration, Racketeering, RICO, SCOTUS

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Amendment to Commercial Registration Ordinance, Effective on October 1, 2016, Requires Japanese Companies to Attach a “Shareholders List” to Corporate Registration Applications

On April 20, 2016, the ordinance amending part of the Commercial Registration Ordinance (the Ordinance of the Ministry of Justice No. 32 of 2016) (“Amended Ordinance”) was promulgated and will become effective as of October 1,…more

Japan, Ministry of Justice, Shareholders

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China Trade Marks – Inclusion of Retail and Wholesale services relating to medicines and pharmaceuticals

The China Trade Marks Office (CTMO) recently announced that from 1 January 2013 it is accepting applications to register trade marks in relation to retail or wholesale services for pharmaceutical, veterinary and sanitary…more

Brand, China, Medical Supplies, Pharmaceutical Industry, Retail Market

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Maxed Out: Unfair Dismissal Claims Recognised for Fixed Term Employees

A recent decision of the Full Bench of the Fair Work Commission delivered last Friday has substantially changed the unfair dismissal landscape and the law governing fixed and maximum term contracts of employment, putting…more

Australia, Employer Liability Issues, Fair Work Commission, Fixed-Term Labor Contracts, Hiring & Firing

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Chancery Court Dismisses Former LLC Member’s Claims for Alleged Amounts Owed and Breach by Former Co-Members

In Terry L. Menacker v. Overture, L.L.C., et al., C.A. No. 2019-0762-JTL (Del. Ch. Aug. 4, 2020), the Delaware Court of Chancery (the “Court”) considered a motion to dismiss claims by a former member of Overture L.L.C. (the…more

Breach of Duty, Buyouts, Fiduciary Duty, Limited Liability Company (LLC), Operating Agreements

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Recent Legislative Developments Will Create Headaches and Increase Financial Risks for Mortgage Servicers and Originators

Two recent legislative developments, which have largely gone unnoticed, will dramatically raise the stakes for mortgage servicers and originators who file IRS Forms 1098. First, the Trade Preferences Extension Act of 2015,…more

Interest Income, Internal Revenue Code (IRC), IRS, Loans, Mortgage Lenders

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Treasury Guidance Clarifies and (Again) Expands Field of Renewable Energy Projects That May Qualify for the PTC or ITC

Notice 2017-04, issued on December 15, 2016, clarifies and expands the beginning of construction and continuity safe harbors applicable to certain alternative energy projects, including wind installations. Like Notice 2016-31,…more

Energy Projects, Energy Sector, Investment Tax Credits, Production Tax Credit, Renewable Energy

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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An Overview: Electronic Signing and the New "Sign with SingPass" Service in Singapore

With the COVID-19 pandemic accelerating the global shift toward digital transformation, the use of electronic signatures in place of traditional “wet ink” signatures has become more common. In Singapore, the enforceability of…more

E-Signatures, Electronic Agreements, Electronic Transaction, Singapore

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St. Regis Mohawk Tribe Petition for Centiorari Denied

On April 15, 2019, the Supreme Court of the United States denied the petition for certiorari filed by the St. Regis Mohawk Tribe…more

Inter Partes Review (IPR) Proceeding, Mylan Pharmaceuticals, Patent Litigation, Patent Trial and Appeal Board, Patents

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Permanent Dial-In Option Makes TEFRA Hearings Easier Than Ever – Forever

The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) requires a public hearing as a form of public approval for certain types of tax-exempt private activity bonds. Thanks to COVID-19, holding a hearing is easier than…more

Bonds, IRS, Public Finance, Public Hearing, Remote Hearings

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COVID-19: Will Today’s COVID-19 Distressed Businesses Become Tomorrow’s Antitrust-Cured Acquisition Targets?

Despite the unprecedented efforts and measures undertaken by governments across the world to mitigate the economic impact of the COVID-19 pandemic, it is an unfortunate but inevitable outcome that a number of businesses are…more

Business Interruption, Business Losses, Coronavirus/COVID-19, EU, Mergers

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Behind the Curtain: Technical Advisors in Complex Litigation

Complex litigation today often requires a working knowledge of intricate aspects of social and natural sciences. While a litigant can educate herself on the relevant science by retaining a consulting expert, the federal rules…more

Complex Litigation, Ex Parte, Expert Witness, Federal Trade Commission (FTC)

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Litigation Minute: Cigna's Modifier 26 Reimbursement Policy (Payor-Provider Series: Part Two of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Many Florida hospital-based pathology groups have long-standing provider agreements contracts with Cigna. These contracts – specifically the contractually agreed-upon reimbursement…more

Contract Terms, Health Care Providers, Payor Contracts, Reimbursements

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Insurance Policy Did Not Prevent Association Recovery from Subcontractors for Defective Work

On February 17, the First District Appellate Court issued an opinion regarding the Implied Warranty of Habitability in the case of Sienna Court Condominium Association v. Champion Aluminum Court et al. The opinion involved…more

Construction Industry, General Contractors, Insurance Industry, Subcontractors

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Boots on the Ground: PIL Task Force Targeting Opioid Providers in the War on Drugs

Attorney General Jeff Sessions announced the creation of the Prescription Interdiction & Litigation (“PIL”) Task Force –– which Sessions described as a “new front in the war on the opioid crisis” –– in a February press release…more

Department of Justice (DOJ), False Claims Act (FCA), Food and Drug Administration (FDA), Health Care Providers, Opioid

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Where Can Hatch-Waxman and BPCIA Cases Stick After TC Heartland LLC v. Kraft Foods Group Brands LLC?

Hatch-Waxman litigators are accustomed to cases with multiple generic drug company defendants. Brand drug company plaintiffs often sue multiple defendants in the same district court, even when those defendants are not…more

Abbreviated New Drug Application (ANDA), aBLA, BPCIA, Generic Drugs, Hatch-Waxman

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Navigating Ohio's Wild West: Exceptions to the Marketable Title Act

Last year in West v. Bode, the Ohio Supreme Court determined that mineral estates are subject to the statutory double barrel of both the Marketable Title Act (MTA) and the Dormant Mineral Act (DMA), providing surface owners two…more

Marketable Title, Mineral Rights, Minerals, OH Supreme Court, Oil & Gas

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TALF 2.0 FAQs Round Two: Questions Answered

On May 12, 2020, the Federal Reserve Bank of New York (the “Fed”) released its initial draft of frequently asked questions (the “Initial FAQs”) relating to the Term Asset-Backed Securities Loan Facility program (“TALF 2.0”)…more

Term Asset-Backed Securities Loan Facility (TALF)

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Litigation Minute: Avoiding Uncertainty in Material Adverse Effect Clauses (Deal Litigation Series: Part Three of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Material Adverse Effect (MAE) or Material Adverse Change (MAC) clauses are common in merger and acquisition (M&A) agreements. They allow a buyer to opt out of a deal if some…more

Acquisition Agreements, Acquisitions, Dispute Resolution, Material Adverse Change Clauses (MACs), Material Adverse Effects

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US Supreme Court Opens New Path to Assist Foreign Award Creditors Seeking to Enforce Arbitral Awards

In its opinion of 22 June 2023 in Yegiazaryan v. Smagin, the US Supreme Court ruled that a foreign award creditor may bring claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) related to the enforcement of…more

Foreign Arbitral Awards, International Arbitration, Racketeering, RICO, SCOTUS

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Litigation Minute: Class-Action Challenges to Natural and Clean Beauty Product Claims (Beauty and Wellness Series: Part Two of Three)

What You Need To Know In A Minute Or Less - A recent rise in class-action complaints against beauty industry leaders, targeting the use of “clean” or “natural” descriptions in cosmetics, further highlights the tightrope brands…more

Advertising, Class Action, Cosmetics, Personal Care Products, Product Labels

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Employment Agreement Revisions Required in Germany – New Obligations for Employers in Relation to Transparent Working Conditions Effective 1 August 2022

On 23 June 2022, the German parliament passed a bill to implement an EU directive on transparent and predictable working conditions into German law. Changes to the German Evidence Act (Nachweisgesetz – NachwG) are of…more

Employer Responsibilities, EU, Germany, Working Conditions, Workplace Safety

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Trademarks and Unfair Competition

It is my pleasure to present the second issue of our bulletin this year, which contains interesting and important information on trademarks, unfair competition and, in this issue, personal data. There have been big changes in…more

EU, European Union Intellectual Property Office (EUIPO), Trademark Infringement, Trademark Registration, Trademarks

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German Whistleblower Protection Act Enters into Force

On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels enabling employees to report certain…more

Employees, Employer Responsibilities, Germany, Whistleblower Protection Policies, Whistleblowers

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Naming Names: Washington Supreme Court Holds That Public Employers Must Disclose the Names of Employees Being Investigated for Workplace Misconduct

On April 2, 2015, the Washington Supreme Court held that public employees under investigation for workplace misconduct cannot prevent their identities from being disclosed in response to a request for public records. The…more

Public Disclosure, Public Employees, Public Records, Public Schools, Records Request

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COVID-19: Bankruptcy Code Amendments in the Consolidated Appropriation Act and COVID-19 Bankruptcy Relief Extension Act

On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain COVID-19 bankruptcy relief provisions enacted as part of the…more

Bankruptcy Code, Borrowers, CARES Act, Consolidated Appropriations Act (CAA), Creditors

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Just-Passed: Australian Offshore Electricity Infrastructure Bill

The Australian parliament recently endorsed the Offshore Electricity Infrastructure Bill 2021 (Bill) which will provide a framework for construction, operation, maintenance, and decommissioning of offshore electricity projects,…more

Australia, Electricity, Energy Sector, Infrastructure

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COVID-19: Businesses Face Supply Chain Challenges as Pandemic Triggers State ‘Stay at Home’ and Business Curtailment Orders

In an effort to respond to the COVID-19 pandemic, states across the nation have adopted restrictions limiting the in-person operations of manufacturers, businesses, and institutions to those deemed “essential” or “life…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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Foreign Investments Made before 9 January 2013 Will Soon No Longer Benefit from the Protection Standards Afforded by the Polish-Italian BIT

The bilateral treaty between the Republic of Poland and the Republic of Italy on the promotion and protection of investments signed in Warsaw on 10 May 1989 (the “Polish-Italian BIT”) expired on 9 January 2013. However, Italian…more

Bilateral Investment Treaties, Foreign Investment, Investors, Poland

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High Court to Consider the Scope of a Liquidator's Lien

On 6 March 2014, the High Court of Australia (High Court) will consider in detail, for the first time since Re Universal Distributing Co Ltd (1933) 48 CLR 171, the circumstances in which a liquidator is entitled to claim a lien…more

Australia, Liens, Liquidation

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SEC Solicits Comments on Whether Index Providers, Model Portfolio Providers, and Pricing Services Are Investment Advisors: Seeking a Problem for a "Solution"

Introduction - On 15 June 2022, the Securities and Exchange Commission (SEC) issued a “Request for Comment on Certain Information Providers Acting as Investment Advisers” (Request)…more

Asset Management, Broker-Dealer, Fiduciary Duty, Investment Adviser, Investment Company Act of 1940

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Health-chising: Starting-up a Health Care Franchise

In recent years, health care franchises have grown at a rapid pace. Yet, it is worth noting that franchising is not a new concept to the health care industry. Health care franchise systems have been around for decades and these…more

Anti-Kickback Statute, Data Protection, Franchise Agreements, Franchisee, Franchises

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New Washington State Nonprofit Corporation Act Revitalizes Law Governing Nonprofit Corporations

Effective for most purposes on 1 January 2022, a new state law overhauls and reforms the governance landscape for nonprofit corporations in the state of Washington. Replacing existing Chapter 24.03 RCW (the “Current Act”) in its…more

Charitable Organizations, Dissolution, Electronic Communications, Nonprofits, Washington

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Litigation Minute: Choice of Law and Forum Clauses in Deal Work (Deal Litigation Series: Part Four of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Choice of Law (COL) and Choice of Forum (COF) clauses are not like cheap baseball caps—one size does not fit all. While these provisions may not be scintillating, they are important if…more

Choice-of-Law, Contract Terms, Dispute Resolution, Forum Selection

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DAO and the Art of Securities Regulation: SEC Clarifies that Digital Tokens May Be “Securities”

The rapid rise of distributed ledger technology and the spate of recent initial coin offerings (“ICOs”) have focused attention on whether, and in what circumstances, virtual currencies and digital tokens may be securities whose…more

Blockchain, Distributed Ledger Technology (DLT), Initial Coin Offering (ICOs), Securities Act of 1933, Securities and Exchange Commission (SEC)

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De-identification of Data and Privacy

As discussed in a recent blog post on CyberWatch Australia, researchers from the University of Melbourne successfully re-identified the medical data of Australian patients that formed part of a de-identified open dataset. This…more

Australia, Cybersecurity, Data Protection, Personally Identifiable Information

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Pennsylvania’s New “State Construction Notices Directory” and the Implementation of Significant Changes to Pennsylvania’s Mechanics’ Lien Law

Important changes to Pennsylvania’s Mechanics’ Lien Law recently took effect on December 31, 2016, with the launch of an online State Construction Notices Directory. These amendments to the Mechanics’ Lien Law (which were passed…more

Construction Industry, Construction Project, Contractors, Mechanics Lien, Subcontractors

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“Ghost in the Machine”: Ghost Written Signatures on Legal Documents and the Authority to Act

Last week, celebrity chef Gordon Ramsay failed in his claim in the English High Court that he was not liable under a personal guarantee and indemnity (the “guarantee”) purportedly given by him in respect of a lease acquired by…more

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Take it Personally - Courts Provide Insight into the Value and Implications of Moral Rights

Since moral rights were introduced by amendments to the Copyright Act 1968 (Cth) in 2000, there have been only a handful of decisions which have considered their application. However, two recent decisions highlight that it is…more

Copyright, Infringement, Moral Rights, Music, Photographs

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The Property Law Act 2023 Introduces Major Reforms

Key Points - The Property Law Act 2023 (the New Act) was passed on 25 October 2023. It will likely receive Royal Assent in the next week and will commence on a date set by proclamation (to be announced soon)…more

Australia, Commercial Property Owners, Deeds, Disclosure Requirements, Leases

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COVID-19: Revenue Procedure 2020-19

As the economy continues to grapple with the effects of the coronavirus (COVID-19) pandemic, companies are increasingly facing liquidity issues. Among those affected are real estate investment trusts (REITs) and regulated…more

Coronavirus/COVID-19, REIT

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U.S. Supreme Court Implied Certification Case Both Expands and Limits False Claims Act Liability

Court Recognizes Theory but Reaffirms the “Rigorous” Materiality and Scienter Requirements, Making Clear that the FCA is No Remedy for “Minor or Inconsequential” Infractions The Supreme Court issued a much-anticipated False…more

False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Implied Certification, Medicaid

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COVID-19: Illinois Executive Order in Response to COVID-19

On March 20, 2020, Governor J.B. Pritzker of Illinois issued an Executive Order (“Order”) requiring Illinois residents to remain in their homes and requiring businesses deemed non-essential to cease operations. The Order…more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Executive Orders, Operators of Essential Services

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A New Consideration for Developers: The Tate Modernises the Law of Private Nuisance

Introduction - Two neighbouring iconic developments in central London have come under much scrutiny in recent years in respect of the relationship between their uses and whether the use of one constitutes a private nuisance to…more

Adjacent Property Owners, Private Nuisance, Property Owners, UK

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CMS Finalizes Proposed Redesign to Medicare Shared Savings Program: Five Big Takeaways

On December 31, 2018, the Centers for Medicare & Medicaid Services (“CMS”) published a final rule that contains revisions to the Medicare Shared Savings Program (“Shared Savings Program”), dubbed the “Pathways to Success” model…more

ACOs, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare, Medicare Shared Savings Program

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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No-Deal Brexit for Dispute Resolution?

Just days before the end of the Brexit transition period on 31 December 2020 a trade deal was agreed to between the United Kingdom (UK) and European Union (EU), saving the UK from many of the expected disruptions of a no-deal…more

Dispute Resolution, EFTA, EU, International Arbitration, No-Deal Brexit

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COVID-19: What Does Singapore's Response to the Global Pandemic Mean for Businesses in Singapore?

The Impact of COVID-19 on Businesses - The impact of COVID-19 has been sharp and swift — the effect has been felt in most industries around the world. Singapore, while leading the pack in its response to COVID-19, has not been…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Data Breach, Financial Solvency

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The 2014 Election: A Critical Juncture in Financial Services Legislation, Regulation, and Oversight

As November draws closer, the financial services industry is staking out a front row seat in tracking the outcomes of the 2014 midterm elections. The 114th Congress’ legislative agenda in this area will be shaped in large part…more

Banks, Dodd-Frank, Federal Reserve, Financial Institutions, GSE

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U.S. Supreme Court Issues Landmark Clean Water Act Decision, Significantly Narrowing the Scope of "Waters of the United States" Under Federal Law

It is rare for the U.S. Supreme Court to construe a statutory phrase on multiple occasions.  And yet now, for purposes of the federal Clean Water Act (CWA or the Act), it has rendered no less than four interpretations of the…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

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HUB Talks: Talking Sports Law: A Conversation with Dan Hunt, President and CEO of FC Dallas and Toyota Stadium

On this episode of Talking Sport Law, host John Wilson and new co-host Nick Spiliotis are joined by Dan Hunt, the president and CEO of FC Dallas and Toyota Stadium. Hunt describes the importance of his focus on the business…more

Arenas and Stadiums, Athletes, Soccer, Spectator Sports, Sports

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The Australian Regulatory Landscape for the Advertising and Promotion of Gambling in Sports

The sports betting market continues to expand in Australia with strong competition between domestic and international betting agencies. The Australian market recently saw the entrance of bet365 in 2012 and subsequently of…more

Australia, Gambling, New Regulations, Proposed Regulation, Sports

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Words Matter: Chancery Court Holds that Indemnification Provision in Equity Purchase Agreement Does Not Cover Advancement of Expenses for Officer Conduct Unauthorized by the Board

In Computer Science Corporation v. Eric Pulier, et al., C.A. No. 11011-CB (Del. Ch. June 27, 2019), the Delaware Court of Chancery denied Plaintiff Computer Sciences Corporation’s (“CSC”) motion for partial summary judgement…more

Board of Directors, Indemnification Clauses, Partial Summary Judgments, Purchase Agreement

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COVID-19: CFPB Narrows Servicers' Obligations in Final COVID-19 Mortgage Servicing Regulations

In the wake of the COVID-19 pandemic, the Consumer Financial Protection Bureau (CFPB) issued a series of proposed amendments to the federal servicing regulations designed to assist mortgage borrowers impacted by the pandemic and…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Mortgage Lenders, Mortgage Servicers

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New Tax Guidance Would Simplify Rules for Shareholders of Institutional Money Market Funds

On July 23, 2014, the Securities and Exchange Commission (SEC) adopted final rules governing the structure and operation of money market funds (SEC MMF Reform Rules). See our client alert entitled “SEC Adopts Floating-NAV and…more

Final Rules, Floating NAV, IRS, LiquidAlts, Liquidity Fees

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Women's Quota on the Executive Board in Germany

The Second Leadership Positions Act (FüPoG II) aims to further develop the regulations for the equal participation of women in leadership positions. In the private sector, this will introduce a mandatory quota of women on…more

Corporate Executive Boards, Corporate Management, Diversity and Inclusion Standards (D&I), Germany, Leadership

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Special Resolution Regimes and the ISDA Resolution Stay Jurisdictional Modular Protocol

In the coming weeks and months, investment companies, pension plans, and other buy-side participants (for simplicity, “Funds”) in swaps, repos, securities loans, or other financial contracts will be asked by their dealer…more

Bilateral Agreements, EU, Fiduciary Duty, Investment Adviser, ISDA

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Some "Serious" Developments in Defamation Law

In 2021, one of the most significant changes to Australian defamation legislation, in most states and territories (save for Western Australia and the Northern Territory), was the introduction of a "serious harm" threshold to the…more

Australia, Defamation, Reputational Injury, Serious Harm Standard, Supreme Court of New South Wales

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A Fair Use Tale, or All's Well That Ends: the U.S. Supreme Court Holds Google's Use of Java Code to Be a Fair Use under U.S. Copyright Law

On 5 April 2021, the U.S. Supreme Court resolved a major copyright dispute that had wound through the federal courts for over a decade. In a 6-2 decision written by Justice Breyer, the Supreme Court held that Google’s copying of…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Google

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It's a Gas! Federal and State Developments Continue to Light Up the Natural Gas Debate

In April 2023, we reported on the US Court of Appeals for the Ninth Circuit’s decision in California Restaurant Association (CRA) v. City of Berkeley striking down a Berkeley ordinance that prohibited natural gas piping in new…more

Building Codes, California, Department of Energy (DOE), Energy Policy, Energy Policy and Conservation Act (EPCA)

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No (More) Bites at the mRNA Apple: Pfizer and BioNTech Seek Declaratory Judgment of Noninfringement Relating to Their COVID-19 Vaccine in New Suit

On 25 July 2022, BioNTech SE and BioNTech Manufacturing GmbH (collectively, BioNTech) and Pfizer Inc. (Pfizer) (collectively, Plaintiffs) filed suit1 in the District of Massachusetts against CureVac AG (CureVac or Defendant)…more

Intellectual Property Litigation, Patent Infringement, Patent Litigation, Patent-in-Suit, Patents

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Fashion Law Newsletter - November 2017

"In order to be irreplaceable, one must always be different." - Coco Chanel Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In this…more

Australia, Fashion Branding, Fashion Design, Fashion Industry, Intellectual Property Protection

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UPDATE: FTC’s Proposed Amendments to the Magnuson-Moss Disclosure and Pre-Sale Availability Requirements

In October of 2015, President Obama signed into law the E-Warranty Act of 2015, an amendment to the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (the “Magnuson-Moss Warranty Act” or the “Act”), which updated…more

Disclosure Requirements, E-Warranty Act, Federal Trade Commission (FTC), Magnuson-Moss Act, Proposed Amendments

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The Coming Blockchain Revolution in Consumption of Digital Art and Music: The Thinking Lawyer's Guide to Non-Fungible Tokens (NFTs)

First there were CryptoKitties. Then came digital art, CryptoPunks and NBA Top Shot. But when Beeple’s digital art piece “Everydays: The First 5000 Days” sold at Christie’s for US$69 million, the NFT mania truly began. And as…more

Art, Blockchain, Cryptocurrency, Digital Assets, FinCEN

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Patent Office Issues New Examination Guidelines for Subject Matter Eligibility

On December 16, 2014, the United States Patent and Trademark Office (PTO) published new guidelines for determining patent eligibility under 35 U.S.C. § 101. These guidelines do not have the force of law, but nevertheless…more

AMP v Myriad, CLS Bank v Alice Corp, Genetic Materials, Guidance Update, Mayo v. Prometheus

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Taxes and Politics Collide in New IRS Guidelines for 501(c)(4) Organizations: IRS Proposes to Restrict Political Activities of Some Non-Profits

On November 29, 2013, the Internal Revenue Service (“IRS”) issued proposed rules, “Guidance for Tax-Exempt Social Welfare Organizations on Candidate-Related Political Activities” (78 Fed. Reg. 71535-71542 (Nov. 29, 2013)), which…more

501(c)(4), Exempt Organizations, IRS, Nonprofits, Political Campaigns

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White House Chooses Exclusion of Silica-Based Products Produced Using Forced Labor, Impacting Solar PVs

Today, the White House announced that Customs and Border Protection (CBP) has issued a withhold release order (the Order) on products manufactured using silica-based products produced by Hoshine Silicon Industry Co., Ltd., and…more

Customs and Border Protection, Forced Labor, Imports, Silica, Supply Chain

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Litigation Minute: 2023 Year in Review and 2024 Look Ahead

What You Need To Know In A Minute Or Less - In 2023, we published 16 editions of our Litigation Minute newsletter, featuring emerging topics posing increasing and significant risks to companies. In a minute or less, here are…more

Class Action, Data Privacy, Food and Drug Administration (FDA), Hazardous Substances, PFAS

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RCEP: Boosting Value Chains and Facilitating Trade Flows

This is the second alert in a four-part series on the Regional Comprehensive Economic Partnership (RCEP). The RCEP is the world’s largest free trade agreement (FTA) involving ASEAN (the Association of Southeast Asian Nations,…more

Asia Pacific, Association of Southeast Asian Nations (ASEAN), E-Commerce, Exports, Foreign Investment

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The Dual Licensing Regime for Virtual Asset Trading Platforms in Hong Kong – Part 3

In our previous alerts (Part I and Part II), we provided a brief overview of the new Dual Licensing Regime and highlighted some of the key aspects of the new regime, particularly those set out under the Guidelines for Virtual…more

Digital Assets, Financial Services Industry, FinTech, Hong Kong, Hong Kong Securities and Futures Commission (HKSFC)

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Shenzhen-Hong Kong Stock Connect Finally Launches on 5 December 2016

On 25 November 2016, the Securities and Futures Commission of Hong Kong ("SFC") and the China Securities Regulatory Commission ("CSRC") announced that the Shenzhen-Hong Kong Stock Connect ("SZ-HK Stock Connect") would formally…more

CSRC, Disclosure, Hong Kong, Hong Kong Securities and Futures Commission (HKSFC), Hong Kong Stock Exchange

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China's Commitment to Open Up Its Private Securities Investment Fund Management Industry to Foreign-Owned Entities: Opportunity and Uncertainty

On 30 June 2016, the Asset Management Association of China ("AMAC"), a self-regulatory organization supervised by the China Securities Regulatory Commission ("CSRC"), promulgated the "Q&A regarding the Registration and Filing of…more

China, China Securities Regulatory Commission (CSRC), MOFCOM, PSFMCs, Registration Requirement

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Luxembourg Modernises Its Insolvency Legislation

On 19 July 2023, the parliament of the Grand Duchy of Luxembourg (Luxembourg) passed bill no. 6539A into law (the New Insolvency Law), marking a significant milestone in the movement to modernise and enhance the competitiveness…more

Commercial Bankruptcy, Corporate Restructuring, Debt Restructuring, Distressed Debt, EU

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OFCCP Enforcement Powers Expanded Over Healthcare Industry

In a case closely monitored by the healthcare industry, a recent decision from the United States District Court for the District of Columbia expanded the jurisdiction of the Office of Federal Contract Compliance Programs…more

Compliance, Enforcement, Healthcare, HMOs, Hospitals

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NSW Building Industry Reforms

The NSW Government has passed legislation to further regulate the design and construction of residential buildings. These measures respond to the loss of public confidence resulting from high profile design and building quality…more

Australia, Construction Project, Duty of Care, Housing Developers, Residential Real Estate Market

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Federal Court Removes Liquidators

The Full Court of the Federal Court of Australia (Full Court) has upheld part of the appeal of the Australian Securities and Investments Commission (ASIC) by removing liquidators in the case of Australian Securities and…more

ASIC, Australia, Liquidation

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New Illinois Laws for 2024 Affecting Real Estate

Illinois has passed a number of laws effective 1 January 2024 that impact commercial real estate and development. These new laws range from new requirements for residential landlords, first of its kind electric vehicle…more

Condominiums, Electric Vehicles, Homeowners Association (HOA), Illinois, Infrastructure

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"Brexit Bites": Tax Implications for the United Kingdom

This is the twelfth in our series of "Brexit Bites" which focuses on Tax. National Tax Competence Regained? Taxation is largely a Member State competence under current EU law. However, there are a number of significant…more

Customs, EU, European Economic Area (EEA), Holding Companies, Member State

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Medical Panel Referrals and Determinations in Multi-Defendant Claims

Introduction - In Victoria, an injured plaintiff who brings a public liability or medical negligence claim is usually required to demonstrate they have suffered a 'significant injury,' before they are entitled to claim…more

Australia, Bodily Injury, Dispute Resolution, Negligence, Pain and Suffering

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Powering Our Net Zero Future - Implications for the UK Hydrogen Sector

Last week the UK government published its Energy White Paper (White Paper) titled ‘Powering Our Net Zero Future’. The purpose of the White Paper is to follow up on Prime Minister Boris Johnson’s ‘Ten Point Plan for a Green…more

Energy Sector, Hydrogen Power, Net Zero, UK, White Papers

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Chancery Court Denies Dismissal of Breach of Fiduciary Duty Claims after Concluding that Stockholder Vote was Not Informed

In In re Tangoe, Inc. Stockholders Litigation, C.A. No. 2017-0650-JRS (Del. Ch. Nov. 20, 2018), the Delaware Court of Chancery denied the director defendants’ motion to dismiss the stockholder plaintiffs’ claim for breach of…more

Breach of Duty, Directors, Fiduciary Duty, Shareholder Litigation, Shareholders

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Court Of Chancery Finds No Section 220 Issue Where Stockholder’s And Its Counsels’ Purposes For Demand Align

In Inter-Local Pension Fund GCC/IBT v. Calgon Carbon Corp., C.A. No. 2017-0910-MTZ (Del. Ch. Jan. 25, 2019), the Delaware Court of Chancery enforced an institutional stockholder’s demand for books and records under Title 8,…more

Board of Directors, Books & Records, Breach of Duty, Delaware General Corporation Law, Fiduciary Duty

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Reminder – Time is Running Out to Obtain Your Director Identification Number (DIN)

There are a number of directors that will have until the deadline of 30 November 2022 to submit their applications to obtain a DIN. The deadline for submitting a DIN application differs according to the date on which the…more

Australia, Corporate Governance, Deadlines, Directors, The Corporations Act

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Energy Storage Handbook Vol. 5

The power practice has designed the Energy Storage Handbook to be a basic primer on what energy storage is, how it is regulated by federal and state governments, and what sorts of issues are encountered when such projects are…more

Batteries, Electricity, Energy Sector, Energy Storage, Renewable Energy

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Voters Have Spoken: Impacts of the 2022 Midterm Elections

Changes on the Horizon - The 2022 midterm elections took place on Tuesday 9 November. Following a turbulent campaign season, Republicans are positioned to regain control of the House by a slimmer margin than originally…more

General Elections, Public Policy, State and Local Government, State Elections, State Legislatures

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SFO v Standard Bank plc - The U.K.'s First DPA, an Unusual Set of Facts?

On 30 November 2015 the first UK Deferred Prosecution Agreement (DPA) agreed in the UK was approved. It was also the first time a company was sanctioned under Section 7 of the Bribery Act. Standard Bank plc (Standard Bank), now…more

Deferred Prosecution Agreements, Economic Sanctions, Section 7, Serious Fraud Office (SFO), Tanzania

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Recent Cases Hold that Policyholders Are Entitled to Insurance Coverage Under Various Types of Insurance Policies for Losses Associated with Social Engineering Schemes and Ransomware Attacks

In recent weeks, several courts across the country have ruled that policyholders are entitled to insurance coverage for losses incurred as a result of social engineering schemes and ransomware attacks…more

Corporate Counsel, Insurance Industry, Property Insurance, Ransomware, Social Engineering

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Litigation Minute: Litigation Holds in the Investment Management Industry

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Given the complexity of the transactions and arrangements involved, entities operating in the investment management industry face significant and unique obligations and risks,…more

Asset Management, Complex Litigation, Financial Services Industry, Investment Management

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COVID-19: Steps Product Manufacturers Can Take to Protect Their Brand as At-Risk Retailers Face Bankruptcy

The economic fallout of COVID-19 is widespread and immense, and few businesses remain unscathed by fundamental changes to consumer spending. No industry may be more affected than traditional department stores and brick and…more

Coronavirus/COVID-19, Manufacturers, Retailers, Risk Management

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Washington State Issues New Guidance on Pay Transparency Requirements for Job Postings

As we previously reported, states and cities across the United States have enacted or expanded pay equity laws that mandate compensation transparency in job advertisements. For example, the amended Washington Equal Pay and…more

Employer Responsibilities, Hiring & Firing, Job Ads, Job Applicants, Pay Transparency

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Litigation Minute: California Session Replay Litigation Update (Session Replay Series: Part Three of Four)

What You Need To Know In A Minute Or Less - Session replay generally refers to a common analytics tool that captures certain website activity data—such as mouse movements, clicks, and page visits—and then reconstructs this data…more

CIPA, Electronic Monitoring, Invasion of Privacy, Web Tracking, Websites

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Safe Harbors Part II - China's Safe Harbor Rules Lower the Barrier for Cross-Border Data Transfer

In Part I of our alert about China’s new safe harbor rules, we discussed key developments between the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (Chinese version only) and the Provisions on…more

China, Cross-Border, Data Controller, Data Security, International Data Transfers

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Safe Harbors Part II - China's Safe Harbor Rules Lower the Barrier for Cross-Border Data Transfer

In Part I of our alert about China’s new safe harbor rules, we discussed key developments between the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (Chinese version only) and the Provisions on…more

China, Cross-Border, Data Controller, Data Security, International Data Transfers

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Acquisition and Dispositions of U.S. Agricultural Land by Foreign Investors: Federal and State Legislative Restrictions, Limitations, and Disclosure Requirements

I. Introduction - Foreign integration into the United States agribusiness sector has been steadily increasing over the last few decades. Originally published in Drake Journal of Agricultural Law (23 Drake J. Agric. L. 5,…more

Agricultural Sector, Disclosure Requirements, Farm Service Agency (FSA), Foreign Acquisitions, Foreign Investment

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What You Need to Know About China ‘Binding Corporate Rules' Under the New Certification Specifications

As China enhances its cybersecurity and data protection regime, the processing of personal information, and in particular the information of customers and employees, has come into focus under the Personal Information Protection…more

Binding Corporate Rules, China, Data Protection, Data Security, International Data Transfers

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Business Method Patents in Australia: Mere Computer Implementation Not Enough

On 10 November 2014, the Australian Full Federal Court (Court) held that a method of creating an index of securities using a standard computer was a 'scheme', and hence, not a patentable invention within section 18(1)(a) of the…more

Australia, Covered Business Method Patents, Patents, Popular

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Court Issues Mixed Ruling in Epic v. Apple Antitrust Trial

On 10 September 2021, the Northern District of California issued a highly anticipated decision in the Epic Games, Inc. v. Apple Inc.1 antitrust dispute. The case centered on whether Apple’s operation of its App Store violates…more

App Store, Apple, Breach of Contract, Mobile Apps, Unfair Competition

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Florida Legislature Passes Bill to Bring Common-Sense Changes to the Florida Telephone Solicitation Act

Florida’s legislature has sent changes to the Florida Telephone Solicitation Act (the FTSA) to the governor’s desk for signature that significantly restrict the scope of the act and the private right of action thereunder and are…more

Auto-Dialed Calls, Dispute Resolution, Florida, Robocalling, Solicitation

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Silicon Valley Bank Collapse: Implications for Employers

UPDATE: SVB depositors are expected to be able to access their deposits on 13 March, 2023. We are closely watching developments on this topic. For more information, refer to this Joint Statement by the Department of the…more

Banking Sector, Banks, Employees, Fair Labor Standards Act (FLSA), Financial Institutions

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Trademarks and Unfair Competition Bulletin

In This Issue: - Legislation - Poland – A trademark as a source of information for consumers: the Consumer Rights Act of 30 May 2014 - Poland – Draft amendment to the Industrial Property Law -…more

EU, Trademarks, Unfair Competition

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Crisis Averted: How The USCG Environmental Crimes Voluntary Disclosure Policy Can Shield Against Prosecution

A vessel owner or operator discovers a (potential) environmental violation; now what? As the saying goes, the cover-up is worse than the crime. Over 13 years since its inception, the U.S. Coast Guard (USCG) Environmental Crimes…more

Coast Guard, Department of Justice (DOJ), Disclosure Requirements, Environmental Crimes

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Safe Harbors Part II - China's Safe Harbor Rules Lower the Barrier for Cross-Border Data Transfer

In Part I of our alert about China’s new safe harbor rules, we discussed key developments between the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (Chinese version only) and the Provisions on…more

China, Cross-Border, Data Controller, Data Security, International Data Transfers

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Prominent Divestiture Orders Demonstrate CFIUS’s Focus on Access to Sensitive Personal Data as a National Security Concern

Two major actions by the Committee on Foreign Investment in the United States (“CFIUS”) have recently come to light that underscore the significant risks of investments in U.S. businesses that have large volumes of sensitive…more

CFIUS, Data Privacy, FIRRMA, Foreign Investment, National Security

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[Webinar] Regulating AI: The Potential Impact of Global Regulation of Artificial Intelligence – Part II - December 7th, 10:00 am - 11:00 am SGT

This will be a panel discussion featuring a series of webinars that address the potential impacts of artificial intelligence (AI) regulations on business across the globe. Recent developments in general availability of AI and…more

Artificial Intelligence, Asia Pacific, Best Practices, Business Operations, Ethics

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Arbitration World

Welcome to this 34th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Foreign Arbitration Clauses

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After Important Cyber Insurance Victory for Policyholders, Focus Turns to Insurers' Proposed Changes to War Exclusions

A recent appellate court decision could help policyholders secure insurance coverage for losses arising out of state-sponsored cyberattacks. In Merck & Co., Inc. v. ACE American Ins. Co., the Superior Court of New Jersey…more

Corporate Counsel, Cyber Attacks, Cyber Insurance, Insurance Claims, Insurance Industry

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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Amendments to the Calculation Method for FDI Positions

Before offshore funds may be publicly offered and distributed in Taiwan, they must be registered with the Securities and Futures Bureau of the Financial Supervisory Commission (SFB). In order to be registered with the SFB, the…more

Derivatives, Foreign Investment, Investors, Offshore Funds, Registration

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Safer Federal Workforce Task Force Releases Vaccine Requirements for Federal Contractors

As we wrote on 10 September 2021, the President, as part of the Administration’s comprehensive national strategy, issued Executive Order 14042 (the EO) directing the Safer Federal Workforce Task Force (Task Force) to publish…more

Biden Administration, Coronavirus/COVID-19, Employer Mandates, Federal Contractors, Federal Employees

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Quick Tips on Dealing with Employment Termination Issues in China

On June 21, 2013, a United States medical supplies company executive was taken captive by Chinese employees in his Beijing factory. The employees have stated that the owner owes them two months’ back pay and expressed concern…more

Back Pay, China, Hiring & Firing, Multinationals, Severance Pay

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Guide: How to Enforce Intellectual Property Rights in China

This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright,…more

China, Copyright, Copyright Infringement, Intellectual Property Protection, Patents

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New Jersey Supreme Court Gives Supreme Win to Policyholders

Yesterday, the Supreme Court of New Jersey unanimously affirmed the Appellate Division’s holding that consequential damages caused by a subcontractor’s faulty workmanship constitute “property damage” and an “occurrence” under…more

Commercial General Liability Policies, General Contractors, NJ Supreme Court, Subcontractors

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What's Been Missing: District Court Orders the Government to Produce Complete Universe of Claims in Provider's Due Process Challenge to Extrapolated Overpayment

On 5 March 2024, in an issue of first impression in the District of South Carolina, a district court judge overseeing judicial review of a final agency decision in a Medicare claims appeal ordered the Government to complete the…more

Administrative Record, Auditors, Centers for Medicare & Medicaid Services (CMS), Due Process, Health Care Providers

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The CAC Assessment Collection – Part 3: Steps and Timeline of a CAC Assessment

In our previous posts, we discussed what data export activities are subject to scrutiny assessment (CAC Assessment) conducted by the Cyberspace Administration of China (CAC) (see Part 1) and examined what companies must do…more

China, Data Controller, Data Protection, Data Security, Data Transfers

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The European Banking Authority Shadow Banking Guidelines: Unintended Consequences

This article considers the recent European Banking Authority Shadow Banking Guidelines (the “Guidelines”), seeks a definition of shadow banking and discusses some of the potential consequences of the Guidelines for traditional…more

Banking Sector, EU, European Banking Authority (EBA), Financial Institutions, Regulatory Oversight

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The OCC’s Request for Comments and Discussion on the Future of Fintech Regulation

U.S.-based digital banking startups have raised more than $10 billion since 2010, and investment in financial technology (“fintech”) companies has surpassed $24 billion worldwide. These firms are attempting to disrupt the…more

Banking Sector, Comment Period, Financial Institutions, FinTech, Innovation

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Proposed Amendments to Federal Rule of Civil Procedure 30(B)(6) Introduce a Meet-and-Confer Obligation in Advance of Corporate Depositions

INTRODUCTION - Unless Congress intervenes, the first-ever substantive amendment to Federal Rule of Civil Procedure 30(b)(6) will take effect on 1 December 2020…more

Dispute Resolution, Meet and Confer, Proposed Amendments, Subpoenas

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Government Announces Australia to Have a Mandatory and Suspensory Merger Control Regime

In a move that has long been advocated for by the Australian Competition and Consumer Commission (ACCC), the Australian government has announced sweeping reforms to Australia's competition law merger control regime…more

Acquisitions, Australia, Australian Competition and Consumer Commission (ACCC), Competition, Merger Controls

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Proposed Migration Changes

An exposure draft for the Migration Amendment (Protecting Migrant Workers) Bill 2021 (the Exposure Draft) which seeks to amend the Migration Act 1958 (Cth) (the Migration Act) was released on 26 June 2021. This Exposure Draft…more

Australia, Exploitation, Migrant Workers, Visas, Wage and Hour

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Singapore's New Civil Justice Regime: Seven Likely Changes of Note and What They Mean in Practical Terms

A variety of reforms (draft amendments) have been proposed to Singapore’s Rules of Court (Rules), the procedural rules applicable to all litigants in Singapore. The draft amendments aim to enhance the efficiency of resolving…more

Arbitration, Dispute Resolution, Singapore

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EU-Republic of Korea Adequacy Decisions Finalized

Following the conclusion of the adequacy talks in March 2021, the European Commission adopted on 17 December 2021 an adequacy decision addressing the transfers of personal data to the Republic of Korea under the General Data…more

Data Protection, EU, General Data Protection Regulation (GDPR), Korea, PIPA

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COVID-19: Massachusetts Proposed Bills Addressing Coverage for Small Businesses – A Different Approach

COVID-19 has left its indelible mark on the nation’s economy. As the pandemic continues, lawmakers in many jurisdictions are proposing legislation that would assist businesses in securing insurance coverage for COVID-19-related…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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FERC Issues Final Policy Statement Permitting Developers to Allocate 100% of the Capacity for New Transmission Projects through Bilateral Negotiations

The Federal Energy Regulatory Commission (“FERC”) has issued a Final Policy Statement to clarify and refine its policies governing the allocation of capacity for new transmission projects. FERC examines four factors in…more

Bilateral Agreements, Capacity Allocation, Electricity, FERC, Participant Funded Transmission Projects

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California Supreme Court Allows Unmanageable PAGA Claims to Survive Challenge

On 18 January 2024, the Supreme Court of California (Court) unanimously held that trial courts lack inherent authority to dismiss with prejudice claims brought under the Labor Code Private Attorneys General Act of 2004 (PAGA)…more

CA Supreme Court, Employer Liability Issues, Labor Code, Private Attorneys General Act (PAGA), Split of Authority

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Global Survey of ESG Regulations for Asset Managers

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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USCIS Increases Fees for Employer-Based Petitions

On 30 January 2024, the US Citizenship and Immigration Services (USCIS) published a final rule (Final Rule) increasing the premium processing fee from US$2,500 to US$2,805, increasing filing fees for I-129 and I-140…more

Filing Fees, Form I-129, Form I-140 Petitions, Immigration Procedures, Nonprofits

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Washington State Legislature Passes Capital Gains Tax Bill

On 4 May 2021, Governor Inslee signed Engrossed Substitute Senate Bill 5096 (the Act), establishing a state-level tax on long-term capital gains for Washingtonians, beginning 1 January 2022…more

Capital Gains, Capital Gains Tax, Governor Inslee, Grantors, Tax Credits

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The Impact of the Law Decree "Decreto Sostegni Bis" (DL n. 73/2021) on Raw Materials Price Contracts and Public Tenders

The gradual alleviation of the COVID-19 emergency brought about the gradual resumption of business activities and the recovery of various sectors, which had been inactive for a long period. This has resulted in a boom in demand…more

Fixed Price, Italy, Public Contracts, Steel Industry

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US Government Revises Comprehensive Export Controls on Semiconductors and Semiconductor Manufacturing Equipment

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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