News & Analysis as of

Safe Harbors

Graff Calls For DOL E-Delivery Change and I Love It

by Ary Rosenbaum on

I used to love paper until I had a 5-foot flood in the downstairs of my home during Hurricane Sandy. When you have a file cabinet with files sitting outside your house with files that you hope dry over 6 months, you learn to...more

Bankruptcy Code’s Safe Harbor Defense Eliminated by Supreme Court; Variant Defense May Survive

In a unanimous decision in Merit Mgmt. Grp., LP v. FTI Consulting, Inc., the U.S. Supreme Court addressed the scope of a Bankruptcy Code exception to the “avoiding powers” of a bankruptcy trustee or Chapter 11...more

Supreme Court Displays More Pragmatic Approach to the Bankruptcy Code in Merit Management v. FTI Consulting

by Kelley Drye & Warren LLP on

The Supreme Court’s recent decision in Merit Management Group, LP v. FTI Consulting, Inc. has appropriately drawn significant attention. The Court, by narrowing the “safe harbor” provision of Section 546(e) of the Bankruptcy...more

The DMCA’s Safe Harbor Provision And Policing Repeat Infringers

by Weintraub Tobin on

The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act (“DMCA”) in the case Ventura Content, Ltd., v. Motherless, Inc., et al. (decided March...more

The Supreme Court Clarifies The Scope Of Section 546(E)’S Safe Harbor For Securities Related Transactions In Merit Management...

by Cole Schotz on

The Bankruptcy Code gives a bankruptcy trustee, or the debtor in possession, the power to “avoid” certain transfers made by the debtor at various times before filing for bankruptcy relief. Congress provided a number of...more

New Amendments to California's Proposition 65 Warning Requirements Effective August 30, 2018

by Cohen & Grigsby, P.C on

California's Safe Drinking Water and Toxic Enforcement Act, a/k/a "Proposition 65," is a law passed in 1986 as a result of a voter referendum. It seeks to protect the State's drinking water sources from contaminationby...more

Employment Law - April 2018 #2

Ninth Circuit: Prior Salary Can’t Justify Wage Differential - Why it matters - Noting that “[s]alaries speak louder than words,” the en banc U.S. Court of Appeals, Ninth Circuit ruled that employers may not justify a...more

U.S. Supreme Court Narrows Scope of Section 546(e)’s Safe Harbor for Securities Transaction Payments

by Jones Day on

On February 27, 2018, the U.S. Supreme Court issued a highly anticipated ruling resolving a long-standing circuit split over the scope of the Bankruptcy Code’s "safe harbor" provision exempting certain securities transaction...more

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: Only...more

K&L Gates Triage: Ride Sharing and Health Care Regulatory Considerations

by K&L Gates LLP on

Transportation is often cited as one of the top barriers to health care for individuals in the United States. To reduce this burden and increase access to care, many health care providers are now partnering with ride-sharing...more

“GDPR” Is Coming: The General Data Protection Regulation

by Ervin Cohen & Jessup LLP on

Editor’s Note: Strictly speaking, this blog post isn’t really about human resources management or employment law. But it might be; the GDPR is vaguely written and it is not at all clear how it will be applied in relation to...more

SEC, Under New Safe Harbor, Awards More Than $2.2 Million To Whistleblower Who First Reported To Another Federal Agency

by Shearman & Sterling LLP on

On April 5, 2018, the Securities and Exchange Commission (“SEC”) announced a whistleblower award of more than $2.2 million in connection with a report of misconduct. The whistleblower, a former company insider, first reported...more

IP Rights Reform Is Price to Pay for Revamped Trans-Pacific Partnership Agreement

by Jones Day on

The Situation: Following the U.S. withdrawal from the original Trans-Pacific Partnership ("TPP") agreement last year, the 11 remaining TPP countries agreed to implement the original text in a new "TPP-11" agreement. However,...more

IRS Provides Issuers Of Tax-Advantaged Debt with New "DIY" Tools to Fix Nonqualified Use

by Bracewell LLP on

On April 11, 2018, the IRS released Revenue Procedure 2018-26 (“Rev. Proc. 2018-26”), which provides an expansion of the remedial actions available to issuers of tax-advantaged bonds. Specifically Rev. Proc. 2018-26...more

IRS Expands Remedial Action for Nonqualified Use of Tax-Advantaged Bonds

The IRS on April 11, 2018 released Revenue Procedure 2018-26 (Rev. Proc. 2018-26), which expands remedial action options in connection with certain post-issuance leases to private parties of facilities financed with...more

There’s a Safe Way to Conduct Employee Compensation Surveys

by Holland & Knight LLP on

With the Justice Department now publicly cracking down on arrangements between employers such as so-called "no-poaching" agreements, what's an employer to do to make sure its compensation for employees with highly portable...more

Supreme Court’s Merit Management Ruling Highlights Potential Alternative Path to Safe Harbor

by Latham & Watkins LLP on

Possible application of Section 101(22)(A) to safe harbor’s covered entity requirement raises important questions for future transferee defendants. Key Points: ..Merit Management raises the possibility that customers of...more

Expect Focus - International - March 2018

by Carlton Fields on

Trends Against BITS and Investor State Dispute Resolution - In my first Expect Focus International article (http://bit.ly/2G9Demu), I suggested that investors doing business outside the United States should do so in...more

Europe: New Obligations for Platform Operators – Where Do We Stand?

by Hogan Lovells on

The reform of European Copyright law is at the heart of the European Commission’s efforts to create a true Digital Single Market. The new draft Directive on copyright in the Digital Single Market (“Copyright Directive“, COM...more

New Legislation Will Benefit Business Development Companies While Closed-End Funds Remain in Limbo

On March 23, 2018, President Donald Trump signed the Consolidated Appropriations Act of 2018 into law. This legislation includes the Small Business Credit Availability Act (SBCA), which contains numerous changes to...more

No Safe Harbor Shelter for ISP, but No $25 Million Payout Either

by McDermott Will & Emery on

Addressing an internet service provider’s (ISP’s) eligibility for the Digital Millennium Copyright Act (DMCA) safe harbor and liability for contributory copyright infringement, the US Court of Appeals for the Fourth Circuit...more

Cyber Law: Pennsylvania Supreme Court Watch

by White and Williams LLP on

The body of cybersecurity case law continues to grow. On April 10, 2018, the Pennsylvania Supreme Court is set to hear arguments regarding employers’ liability for data breaches in Dittman v. UPMC....more

DC Circuit Court Rejects FCC’s Expansive Definition of ATDS in Long-Awaited TCPA Decision

by White and Williams LLP on

On March 16, 2018, the US Court of Appeals for the District of Columbia Circuit released its much anticipated ruling in ACA International, et al., v. Federal Communications Commission rejecting the expansive definition of...more

Frequently asked questions about the DC Circuit’s ACA International decision

Here are answers to many of the Frequently Asked Questions arising from the DC Circuit’s decision in ACA International. TCPA R.I.P.? - No. The DC Circuit struck down two of the FCC’s most controversial rules—the...more

DC Circuit Offers Companies Measure of Relief from FCC’s 2015 Omnibus TCPA Ruling

by Fenwick & West LLP on

The D.C. Circuit has handed down its long-anticipated ruling in ACA International v. Federal Communications Commission, and in doing so invalidated key aspects of the U.S. Federal Communications Commission’s 2015 Omnibus...more

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Cybersecurity

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