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New Guidance

DOJ Targets No-Poach Agreements Among Competitors

On April 3, 2018, the Department of Justice Antitrust Division (“DOJ” or “Antitrust Division”) filed an antitrust complaint against Knorr-Bremse AG (“Knorr”) and Westinghouse Air Brake Technologies Corporation (“Wabtec”) for...more

SDE Issues New Guidelines for IEEs and In-School Observations

by Shipman & Goodwin LLP on

On March 27, 2018, the Connecticut State Department of Education (SDE) issued the long-awaited and much-anticipated Guidelines Regarding Independent Educational Evaluations at Public Expense and In-School Observations. These...more

April Snow Brings Employers Flurry of FLSA Guidance

by Hirschfeld Kraemer LLP on

April is already 17 days old and Washington D.C. is still under threat of snow – but bad weather has brought with it a flurry of action surrounding the Fair Labor Standards Act (“FLSA”). In addition to the United States...more

Federal Regulatory Agencies Issue Joint Guidance to Financial Institutions on Cyber Insurance

by Balch & Bingham LLP on

The Federal Financial Institutions Examination Council (FFIEC) has issued a joint statement providing guidance for financial institutions about the role of cyber insurance in risk management of informational technology...more

How to Evaluate Cyber Insurance Options?

by Vedder Price on

On April 10, 2018, the Federal Financial Institutions Examination Council (the “FFIEC”), an interagency body composed of the Board of Governors of the Federal Reserve System, Consumer Financial Protection Bureau, Federal...more

Diisocyanate Storage Tank Systems: American Chemistry Council Guidelines (March 2018)

The American Chemistry Council (“ACC”) issued a March 2018 document titled: Guidelines for Diisocyanate Storage Tank Systems (“Guidelines”) ...more

Ohio Publishes Guidance for Recent Statutory Changes to Residential Mortgage Lending Licensing Laws

by Weiner Brodsky Kider PC on

The Ohio Department of Commerce’s Division of Financial Institutions recently published guidance to assist mortgage licensees and registrants with implementing the newly-effective Ohio House Bill 199, also known as the Ohio...more

CMS Issues Updated Medicare Payment and Billing Policies for 340B Hospitals

by Baker Ober Health Law on

On April 2, 2018, CMS issued updated guidance related to the dramatic Medicare payment reductions that went into effect this year for certain 340B hospitals. The guidance explains the planned application of the payment cuts...more

Interim Procedures for Providing Early Notice of Civil Judicial Referrals: March 23rd U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Assistant Administrator Susan Parker Bodine circulated a March 23rd memorandum titled: Interim Procedures for Providing Early Notice of Civil Judicial Referrals...more

Department of Justice Brings the First Employment-Related Antitrust Case Since the October 2016 Guidance Statement

by Foley & Lardner LLP on

In October 2016, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued a guidance statement about the application of antitrust laws to hiring and compensation decisions. Antitrust laws, the...more

Massachusetts Attorney General Issues Guidance on Pay Equity Law

Back in July 2016, the Massachusetts legislature passed an Act to Establish Pay Equity (Mass. Gen. Laws c. 149 § 105A, referenced herein as the “Law”), which amends the Massachusetts Equal Pay Act (“MEPA”) and serves to...more

European Securities and Markets Authority Issues Final Guidelines for Position Calculation by Trade Repositories

by Shearman & Sterling LLP on

The European Securities and Markets Authority has published finalized Guidelines on position calculation by trade repositories under the European Market Infrastructure Regulation. ESMA consulted on a draft version of the...more

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

FDA Enhances PMSR For Combination Products

On March 21, 2018, the Food and Drug Administration (FDA) published two guidance documents addressing postmarketing safety reporting requirements (PMSR) for combination products.  The FDA had previously issued a Final Rule on...more

IRS Notice 2018-26: Important New Guidance on the Mandatory Repatriation Tax

by Fenwick & West LLP on

This document discusses Notice 2018-26, the third IRS Notice providing guidance on the new mandatory repatriation tax under § 965. Most importantly, the Notice sets forth extensive anti-avoidance rules in respect of...more

OFAC Releases Guidance on Cryptocurrency

by Dechert LLP on

The U.S. government has recently been active with respect to regulating cryptocurrencies. For its part, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) recently released guidance—issued in the form of...more

Investment Funds Update Europe - Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

FCA Publishes a Closet Tracking Fund Webpage - The FCA published a new webpage on 14 March 2018, outlining its recent work on closet tracking funds. The FCA considers that closet tracking funds look like, and charge...more

Take Note: the Massachusetts Pregnant Workers Fairness Act Is Now In Effect!

by Murtha Cullina on

A new Massachusetts law significantly enhances existing anti-discrimination protections for pregnant employees. The “Massachusetts Pregnant Workers Fairness Act,” effective April 1, 2018, prevents discrimination against, and...more

Despite DOI policy reversal on incidental takes, project developers still face risk of criminal liability under MBTA

At the end of 2017, the Department of the Interior (DOI) announced that it will no longer pursue criminal enforcement for “incidental takes” under the Migratory Bird Treaty Act (MBTA). The change in legal interpretation of...more

Inter Partes Review: After Five Years, What Will 2018 Bring?

by Burns & Levinson LLP on

In 2012, inter partes review (IPR) came into effect as a procedure to correct errors in granting patents. As part of the enactment of the latest revision of the patent law, a procedure known as inter partes reexamination,...more

Dismissal of Low Carbon Fuel Standard (LCFS) Case Appealed Amidst Program Extension

by Latham & Watkins LLP on

Appeal in POET II could complicate California Air Resources Board’s proposed LCFS amendments. In the case commonly referred to as POET II, petitioner POET, LLC, a biofuels manufacturer, challenged the Low Carbon Fuel...more

Massachusetts Attorney General Releases Guidance for Employers on New Pay Equity Law

by Epstein Becker & Green on

The Office of the Massachusetts Attorney General (“AG”) recently issued an Overview and Frequently Asked Questions document (“Guidance”) for the Massachusetts Pay Equity Law (“Law”), which will go into effect on July 1, 2018....more

FCA sets out its Approach to Enforcement

by Dentons on

The FCA has published its Approach to Enforcement document, one of a series of documents seeking to articulate its "Mission"....more

South Korea Steps Up Oversight of Cryptocurrency Exchanges

In January 2018, the Korea Financial Intelligence Unit (“KoFIU”) and the Financial Supervisory Service (“FSS”) conducted a joint inspection of six Korean banks that provide trading accounts for cryptocurrency exchanges. The...more

CFPB Issues Implementation Guidance for Mortgage Servicing Rule Amendments

On March 29, 2018, the Consumer Financial Protection Bureau (CFPB) released two important implementation tools that may help mortgage servicers ensure compliance with recent amendments to the mortgage servicing rules in...more

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Cybersecurity

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