News & Analysis as of

Safe Harbors

2018 Budget Act Eases Stark Law Requirements, Increases AKS and CMP Penalties

by Jones Day on

The Bipartisan Budget Act of 2018, signed into law on February 9, 2018, imposes changes on health care fraud and abuse laws that appear to reflect Congress's desire to reduce the draconian threat of strict liability under the...more

New Legislation Relaxes 401(k) Plan Hardship Withdrawal Restrictions

The Bipartisan Budget Act of 2018 was signed into law on February 9, 2018. Hidden within the legislation are several provisions that relax the restrictions on hardship withdrawals from 401(k) plans. These new provisions that...more

Beyond Licensing: Prop 65 Liability Risks for California Cannabis Companies

California has finally ushered in the era of state-licensed cannabis, and cannabis is now a commercial product much like any other (well, at least in the state’s eyes). Forward-thinking companies will not rest on their...more

Enforce your repeat infringer policy

by Thompson Coburn LLP on

Seinfeld famously noted that taking the reservation is not nearly as important as holding the reservation. In the same way, Internet service providers must do more to avoid liability than enact a repeat infringer policy –...more

Seventh Circuit in Boucher: Miller Safe Harbor Language Does Not “Immunize” Debt Collectors from Liability for Violations of §...

Eighteen years ago, the Seventh Circuit crafted “safe harbor” language which, if used, shielded debt collectors from liability under 15 U.S.C. § 1692g. A recent decision, Boucher v. Fin. Sys. of Green Bay, 2018 U.S. App....more

Safe Harbor Against Double Patenting Cannot Be Obtained by Post Hoc Change

In In re Janssen Biotech, Inc., No. 2017-1257 (Fed. Cir. Jan. 23, 2018), the Federal Circuit declined to allow a patent owner to retroactively qualify for the safe-harbor provision of 35 U.S.C. § 121 by attempting to...more

Cox Not Entitled to DMCA Protection Given Lax Infringer Policy

In its February 1, 2018 decision in BMG Rights Management (US) LLC, et al. v. Cox Commc’ns et al., No. 16-1972 (4th Cir. 2018), the U.S. Court of Appeals for the Fourth Circuit affirmed the denial of Cox Communication’s...more

Copyright Office Clarifies Rules on Protection and Damage Award Linked with Group and Database Copyright Applications

by Vedder Price on

With the continued growth of Internet-related new technologies, authors, website operators and photographers are producing larger and larger volumes of digital content. The Coalition of Visual Artists surveyed 1,744...more

Seventh Circuit Rejects Use of Miller "Safe Harbor" Language When a Debt Cannot Increase

by Ballard Spahr LLP on

Safe harbor language is not always safe, as illustrated by a recent decision of the U.S. Court of Appeals for the Seventh Circuit Court of Appeals in Boucher v. Finance System of Green Bay....more

7th Circuit Finds Debt Collector Misused “Safe Harbor” Language in its Dunning Letter to Creditors

by Weiner Brodsky Kider PC on

The Seventh Circuit Court of Appeals recently reversed a district court decision regarding a debt collectors’ use of “safe harbor language” in a dunning letter in a Fair Debt Collection Practices Act (FDCPA) class action...more

Back from the Dead: The D.C. Circuit Breathes Life Into RESPA Section 8 Safe Harbor

by K&L Gates LLP on

Through its recent en banc decision in PHH Corp. v. Consumer Financial Protection Bureau, the D.C. Circuit reinstated the holding of the three-judge panel regarding the safe harbor provision in Section 8(c) of the Real Estate...more

IRS Safe-Harbor to Calculate Federal Income Tax Credits for Research Expenses

by Miller Canfield on

A taxpayer may claim a credit against its federal income tax liability for research expenses paid or incurred during the tax year. The definitions of research expenses for financial reporting purposes and federal income...more

Federal Circuit Confirms That Continuation Patent Type May Not Be Retroactively Altered to Invoke Safe Harbor Provision

by Benesch on

In In re: Janssen Biotech, Inc., the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“Board”) holding that, for the purposes of the safe harbor provision of 35 U.S.C. § 121, a patent owner of a...more

Will Facebook’s Recent Announcement of Changes to News Feed Affect Legal Immunities for User Content?

Facebook recently announced that it would make changes to its news feed to prioritize content that users share and discuss and material from “reputable publishers.” These changes are part of what Mark Zuckerberg says is a...more

2017 in Review: Significant TCPA Litigation and Regulatory Developments

Undeniably, 2017 was a big year for the Telephone Consumer Protection Act (TCPA), from the transition of power at the Federal Communications Commission (FCC) to a slew of cases directly impacting TCPA compliance and...more

IRS Provides Safe Harbor Valuation Methods for Tax-Free Reorganizations

by King & Spalding on

On January 23, the Internal Revenue Service (the “IRS”) released Revenue Procedure 2018-12 (the “Revenue Procedure”) detailing a safe harbor that will permit taxpayers to utilize average-price methods for purposes of...more

In Re: Janssen Biotech, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Prost, Renya, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner cannot retroactively bring a continuation-in-part patent within the scope of § 121...more

New Partnership Audit Regulations Released as Permitting Push-Out Election Through Tiered Partnerships

by Ropes & Gray LLP on

In a trilogy of releases in the last six weeks, the Department of Treasury (“Treasury”) provided much-needed guidance on the implementation of the partnership audit rules in the Bipartisan Budget Act of 2015 (the “BBA...more

A Federal Court Gets Opportunity to Weigh In on Prop 65 With a Little Help from Some Friends

Much of the recent discussion regarding Prop 65 has been focused on the regulatory changes going into effect in August of 2018. And that makes sense since there will be significant changes to the warnings, responsibility, and...more

DOL Revives Slate of FLSA Opinion Letters From 2009

Continuing the pro-business activities many expected from the agency, the U.S. Department of Labor has revived 17 Fair Labor Standards Act opinion letters that were published in the waning days of the Bush Administration in...more

Court Punishes Company For Statement Of Belief

by Allen Matkins on

Thomas Carlyle famously called economics, the "dismal science". Sometimes, the law can be equally disheartening. Imagine trying to explain to a client that a statement that the company is "on track" to meet its projections...more

OIG Invites Anti-kickback Safe Harbor, Fraud Alert Recommendations

by Reed Smith on

The HHS Office of Inspector General (OIG) has published its annual solicitation of recommendations for new or revised anti-kickback statute safe harbors and new Special Fraud Alerts. The OIG states that in considering any...more

2018: Predictions From Socially Aware’s Editors and Contributors

Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and...more

OIG Requests Public Input on Anti-Kickback Statute Safe Harbors

by King & Spalding on

In a notification published last week, OIG began soliciting proposals and recommendations for modifying existing and developing new safe harbor provisions under the Federal Anti-Kickback Statute (AKS). Public comments must...more

Reminder: Re-Register Your DMCA Agent Designations Before End of Year or Risk Losing Safe Harbor Protections!

by Bracewell LLP on

U.S. Copyright Office Goes Paperless for DMCA registered agents; All paper registrations invalid as of December 31, 2017. As you’re making your end of year lists and checking them twice, better make sure you’ve registered...more

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