Mondaq Latest Added Articles

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OHRP To Host Oct. 20 Meeting On Proposed Overhaul Of Common Rule 
Reed Smith

On October 20, 2015, the HHS Office of the Assistant Secretary for Health, Office for Human Research Protections is hosting a public town hall meeting to respond to questions related to its September 8, 2015 proposed rule.
CSA Publishes Guidance For Online Portfolio Advisers 
Stikeman Elliott LLP

On September 24, 2015, the Canadian Securities Administrators (CSA) published guidance for portfolio managers on providing advice using online platforms.
Proportionality: The (Not So) New Kid On The Block 
Kramer Levin Naftalis & Frankel LLP

E-Discovery counsel Samantha V. Ettari wrote an article titled "Proportionality: The (Not So) New Kid on the Block" which appeared in the October 5, 2015, issue of the New York Law Journal.
IIROC Dealer Member Rules Amended To Reduce Quiet Periods Following Prospectus Offerings 
Stikeman Elliott LLP

The Ontario Securities Commission approved amendments to Requirement 14 of Dealer Member Rule 3400 of the Investment Industry Regulatory Organization of Canada (IIROC).
Tailored Listing Regime For TSX Non-Corporate Issuers Comes Into Force 
Stikeman Elliott LLP

Amendments to the TSX Company Manual were made effective September 17, 2015 to add various requirements for non-corporate issuers such as exchange traded funds...
EU Dawn Raids: The Updated Inspection Explanatory Note Sends A Clear Message 
Mayer Brown

On 11 September 2015, the European Commission released an updated version of its Explanatory Note on Inspections pursuant to Article 20(4) of Council Regulation N° 1/2003.
The DOJ's Recent Yates Memo And Its Effect On Insurance Coverage For Government Investigations 
Reed Smith

Sally Yates of the U.S. Department of Justice recently issued a memorandum detailing the DOJ's increased commitment to pursue individuals engaged in corporate wrongdoing.
OIG Again Calls For Reforms to Medicare SNF Reimbursement Policy 
Reed Smith

The HHS Office of Inspector General continues to question the appropriateness of payments to skilled nursing facilities under the Medicare SNF prospective payment system.
4 Key Takeaways From The Wohlers Report 2015 
Ice Miller LLP

Wohlers Associates is an independent consulting firm that provides technical, market, and strategic advice on the new developments and trends in additive manufacturing (AM)...
Tied Agent Rules In Brief - CySEC  
AGP Law Firm | A.G. Paphitis & Co. LLC

Generally speaking, if we look at the legal framework of a tied agent (or an intermediary) companies will be subject to the provisions of the Investment Services Law as well as the relevant Codes of Conduct for Investment Firm's and the Persons Employed by them.
Council Of Ministers Approves Agreement Between Turkey And Kosovo To Prevent Tax Evasion And Double Taxation 
Moroglu Arseven

The Council of Ministers has approved an agreement between the Republic of Turkey and Republic of Kosovo to prevent tax evasion and double income taxation for residents of the two countries.
How Ontario Excavac Inc. Is Digging Its Way To Success With Hydro-Excavation 
Fuller Landau

Hydro-excavation allows for what is called 'keyhole repairs' to be made.
Federal Court In Florida Provides Helpful Case Study In Insurance "Choice Of Law" Tactics 
Dentons (US)

The Southern District of Florida recently issued an opinion that addresses some rarely discussed nuances of insurance choice of law disputes.
Constitutional Court Rules On Predictability In Context Of Property Rights 
Moroglu Arseven

The Constitutional Court recently considered a case where the first instance court ruled that VAT applied to the applicant, despite being presented with many court precedents stating otherwise (2013/3244).
September 21st - Howard Levitt Discusses What To Expect When Requesting To Reduce Working Hours And The Issues That May Arise When Working From Home 
Levitt & Grosman LLP

On September 21st, Howard Levitt was interviewed on Newstalk 1010 "The Night Side" discussing various employment scenarios...
Clarify Your Cross Border Tax Obligations (Infographic) 
Collins Barrow National Incorporated

Are you a U.S. citizen living outside of the United States? If you haven't been filing your U.S. personal income tax and financial reporting forms, it's time to take action.
Misled By Official, Company Proves "Officially Induced Error", Beats Charges 
Dentons (Canada)

The defence of "officially induced error" is rarely used successfully, but in a recent Highway Traffic Act case, it won the day.
LinkedIn Settles Class Action Spam Lawsuit  
Klein Moynihan Turco LLP

Last week, a proposed class action settlement was published detailing the terms under which LinkedIn will settle various claims of "spam"-related violations in connection with its "Add Connections" feature
Retailer Pricing Strategies: Back To School Under The Competition Act 
Bennett Jones LLP

How much did you really save in Back to School sales? Can consumers trust a retailer's claims about its "regular" prices and its "sale" prices?
New Rules Could Let Executives Ask For Extra Bonuses  
Dickstein Shapiro LLP

New rules that are designed to discourage executives from manipulating financial results to boost their bonuses may have a side effect — encouraging them to ask for more pay.
Cyprus Property Tax For 2015 - Announcement 
AGP Law Firm | A.G. Paphitis & Co. LLC

The Tax Department of the Republic of Cyprus has issued a press release regarding the payment of tax on real estate for 2015.
The Remedy For Non-payment Of A Contractual Debt: Arbitration Or Winding Up? Conflicting Approaches Taken By The Courts Of The UK, Cayman Islands And The BVI 

What happens when a creditor petitions to wind up a company for the non-payment of a contractual debt and the company disputes both the debt and also the jurisdiction of the court...
Supreme Court Of New Jersey Creates Unified Mental Health Service Provider Privilege  
Fox Rothschild LLP

The question of a parent's mental health often arises in the midst of a custody dispute, with a family court judge faced with the difficult questions of whether there actually exists a mental health issue ,,
MedPAC Meeting On Medicare Policies (Oct. 8-9)  
Reed Smith

The next Medicare Payment Advisory Commission (MedPAC) meeting is scheduled for October 8 -9, 2015. Topics on the agenda include: Medicare drug spending; Alternative Payment Models and the Merit-based Incentive Payment System; Medicare Advantage coding intensity, health risk assessments, benchmarks, and star ratings; and access to emergency care in rural areas
DAA Begins Enforcing Its Guidelines For Mobile Advertising This Month: What You Should Know In Order To Prepare 

Effective September 1, 2015, the Digital Advertising Alliance (DAA) is now enforcing its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data...
Influencing Government: The Rules Of The Game (US Campaign Finance, Lobbying Disclosure, And Gift Laws) 
Dickstein Shapiro LLP

This InfoPAK is designed to help a company understand three areas of US law that regulate efforts to influence government decision-making: campaign finance law, lobbying disclosure law, and gift law.
Crafty Lawyers Feed Off Craft Foods: 'Artisanal', 'Handmade' And Other Adjectives Can Expose You To Class Action Lawsuits 
Herrick, Feinstein LLP

In recent years, consumer fraud class actions challenging food and beverage labeling, focusing on claims such as "natural," and "healthy," have flooded courts nationwide. Plaintiffs' lawyers have leveraged ambiguous or non-existent federal labeling standards to claim that consumers were misled and paid a premium for products, which, for example, contained processed ingredients that were not "natural."
Who Wants To Know Five Trouble Areas For Compliance For State-Based Advisors 
Fox Rothschild LLP

As recently reported in the Investment News, the North American Securities Administration Association (NASSA) reported on the results of state coordinated examinations
Trans-Pacific Partnership Deal Is Signed: What Does It Mean For Business In Asia Pacific? 
TMF Group

Controversial in some quarters and welcomed in others, the always attention-grabbing Trans Pacific Partnership deal was officially signed yesterday by the 12 member countries.
Breaking News: The Trans Pacific Partnership Agreement: Vietnam Will Reap Huge Rewards  
Duane Morris LLP

Trade ministers reached an agreement on the TPP on Monday (05 October 2015) after five days of intensive talks, following their failure to reach consensus in Hawaii in late July.
In re: Hipcricket Inc. Provides A Lesson On The Importance Of Defined Terms 
Fox Rothschild LLP

On September 29, 2015, Judge Laurie Selber Silverstein of the Delaware Bankruptcy Court ruled on the objection of a distribution trustee to payment of the bankruptcy debtor's investment banker.
New Challenges Created By China's New Draft Cybersecurity Law 
Reed Smith

In July 2015, China released its new draft cybersecurity law, which will potentially have far-reaching consequences for network operators and companies doing business in China.
Re-Use Of Public Sector Information Regulations 2015 Finally In Force 
Reed Smith

On 18 July 2015, the Re-use of Public Sector Information Regulations 2015 (SI 2015/1415) (‘the New Regulations') came into force, replacing the 2005 Regulations of the same name (SI 2005/1515).
Change Coming To FDA's "Intended Use" Regulations?  
Reed Smith

Over at the Drug And Device Law Blog, our colleagues call attention to proposed changes to the "intended use" regulations for prescription drugs and devices, 21 C.F.R. §201.128 and 21 C.F.R. §804.1.
CMS Posts CY 2016 Amount In Controversy Thresholds For Medicare Appeals 
Reed Smith

CMS has published a notice announcing the annual adjustment in the amount in controversy (AIC) threshold amounts for Administrative Law Judge (ALJ) hearings and judicial review under the Medicare appeals process.
GAO Assesses Considerations For Expansion Of The Medicare Appropriate Use Criteria Program 
Reed Smith

On September 30, 2015, the Government Accountability Office (GAO) released a report entitled "Medicare: Considerations for Expansion of the Appropriate Use Criteria Program." In addition to describing CMS's plans for implementing the imaging Appropriate Use Criteria (AUC) program
Congressional Health Policy Hearings - 5 October 2015 
Reed Smith

A number of recent Congressional hearings have focused on health policy issues, including the following:
ONC Releases Final Health IT Strategic Plan, Draft Interoperability Standards Advisory  
Reed Smith

The Office of the National Coordinator for Health Information Technology (ONC) has released its final Federal Health IT Strategic Plan for 2015-2020.
OIG Calls For Stronger HIPAA Compliance Efforts 
Reed Smith

The OIG has issued two reports calling for stronger ONC oversight of covered entity compliance with HIPAA standards. In the first report, "OCR Should Strengthen Its Oversight of Covered Entities' Compliance with the HIPAA Privacy Standards,"
PA Superior Court Rules That Transfer Of Liquor License Violated The Pennsylvania Uniform Fraudulent Transfer Act 
Fox Rothschild LLP

Today the Pennsylvania Superior Court reversed a Lower Court ruling by the Chester County Court of Common Pleas regarding the fraudulent transfer of a liquor license.
The Ontario Human Rights Commission, Gender Identity, Gender Expression And The Workplace – Part 2 
Norton Rose Fulbright Canada LLP

Does your workplace have gender-neutral washrooms?
Changes To The Singapore Companies Act Ease Administrative Burden On Private Companies 

The Companies (Amendment) Act 2014 was passed by the Singapore Parliament on 8 October 2014, introducing a wide range of changes to the Singapore Companies Act (the CA).
Recent Trends In FCA Litigation Against Hospice Care Providers 
Duane Morris LLP

The Office of Inspector General identified "reducing waste in . . . hospice care" as one of the "top management challenges" for the 2015 fiscal year.
Netflix Prevails At Kentucky Board Of Tax Appeals 
Stoll Keenon Ogden PLLC

The Kentucky Board of Tax Appeals (the "KBTA") recently held Netflix's streaming service does not qualify as "multichannel video programming service" ("MVPS") and is not subject to the gross revenues tax and excise tax on MVPS, imposed pursuant to KRS § 136.616 and KRS § 136.604, respectively
Getting Your Money Back: New Jersey Employers Can Disgorge A Disloyal Employee's Salary 
Seyfarth Shaw LLP

In a recent ruling, the New Jersey Supreme Court gave employers a great recourse for dealing with former employees who breach their duty of loyalty.
Court Holds Kentucky Consolidated Income Tax Returns Required 
Stoll Keenon Ogden PLLC

Applying fundamental rules of statutory construction, the Franklin Circuit Court reversed the final ruling of the Kentucky Department of Revenue (the "KDOR") and the Kentucky Board of Tax Appeals (the "KBTA") and held an out-of-state corporation and its Kentucky subsidiary were required to file consolidated income tax returns.
Singapore Tax Treaties: The End Of Limitation Of Relief?  
Withers LLP

What is limitation of relief?
Vacating Streets In Pennsylvania 
Fox Rothschild LLP

Developers may encounter public or private streets running through land on areas where it wishes to build or provide open space.
Commonwealth Court Quashes Appeal For Failure Of Neighboring Property Owner To File Petition To Intervene As Party With Trial Court 
Fox Rothschild LLP

In Pennsylvania, it is not uncommon for neighboring property owners to participate in a zoning hearing by providing comments, statements or even testimony.
5 Cyber-Security "Must-Dos": Protect Yourself Online 
Collins Barrow National Incorporated

A few years ago a man we'll call "Adam" was working on a complex technical solution for a Fortune 500 company. He hit a wall and needed peer support to resolve the issue.
The Lesser Known Provisions Of New Jersey's Economic Development Legislation 
Fox Rothschild LLP

Within two years of its adoption, the New Jersey Economic Opportunity Act has been responsible for successfully attracting and retaining businesses throughout the Garden State.
Doctors, Here Are 4 Reasons You Need A Professional Corporation 
Collins Barrow National Incorporated

If you're a doctor, there's no better way to reduce your tax burden than to form a professional corporation. When doctors come to see me for tax advice, I almost always begin by walking them through these four benefits of incorporation.
No Small Matter: Resolving Minority Shareholder Disputes 
Collins Barrow National Incorporated

Are you a minority shareholder in a company? If so, there's a chance you may eventually find yourself in a dispute with the majority shareholder(s) who has more control.
Homelessness And Vagrancy: A Legal Perspective For The Property Owner 
Fox Rothschild LLP

Owners and tenants of commercial property in central business districts throughout the U.S. regularly come upon the homeless. Some of the observers will wonder "why doesn't the city do something about that?"
Time To Vote! Employers' Obligations Regarding The Upcoming Federal Election 
Langlois Kronstrom Desjardins s.e.n.c.r.l.

On Monday, October 19, 2015, Canadian citizens are to vote in the federal election. Eligible voters will have a 12-hour period within which to cast their ballots, i.e. from 9:30 a.m. to 9:30 p.m.
A Lease, License Or Profit: The Appellate Division Revisits Distinctions In Van Horn v. Harmony Sand & Gravel, Inc. 
Fox Rothschild LLP

On September 10, 2015, the New Jersey Superior Court, Appellate Division revisited the legal distinctions between a lease and a license in the context of a dispute over a 25-year-old agreement framed as a "Lease Agreement."
A Little Disruption Goes A Long Way 
Collins Barrow National Incorporated

Like many in the rapidly evolving financial service industry, my firm has faced a key challenge in the past few years: keeping talent. Why?
B.C.'S Environmental Appeal Board Rescinds Water Licence Used In Fracking 
Gowling Lafleur Henderson LLP

On Sept. 3, 2015, the British Columbia Appeal Board ("EAB") rescinded Nexen's water licence (the "Licence") in Northeast B.C. The Licence was issued in May 2012.
Introducing A New Regulatory Framework For Irish UCITS 
Maples and Calder

On 5 October 2015, The Central Bank of Ireland (the "Central Bank") issued a statutory instrument that will form the basis for a new Irish regulatory framework for UCITS.
How To Tackle A Digital Pirate 

The digital advertising industry is under attack; ad blocking technologies (and their inclusion on Apple platforms) are expected to have a significant impact on revenues within the industry.
Federal Circuit's En Banc Decision Expands Role Of Laches 
Jones Day

On September 18, 2015, the en banc Federal Circuit upheld the viability of the laches defense in patent infringement suits. SCA Hygiene Products v. First Quality Baby Products, No. 13-1564, September 18, 2015.
We May Deal In Numbers, But It's A People Business 
Collins Barrow National Incorporated

What business mindset shapes your leadership values? For many years we've embraced the idea that knowledge, combined with technology, is the value capital that drives business growth.
Pennsylvania's NOL Cap—There's Still Time To File A 2011 Refund Claim (And It's Easy!)  
Reed Smith

There is ongoing litigation over whether Pennsylvania's NOL cap is unconstitutional. Many taxpayers have already filed protective refund claims to preserve their rights in the event the cap is found unconstitutional.
Weekly Tax Update - September 28, 2015 
Smith & Williamson

Weekly Tax Update - September 28, 2015
Canada's Annual Immigration Levels Decline

Canada's population recorded its lowest level of growth in more than 15-years. Statistics Canada reported that our population increased by only 308,100, in the year ending July 1, 2015. The primary reason for this decline was due to immigration policies. Approximately 239,800 immigrants were admitted to Canada during the 12-month period, down from 267,900 the previous year.
How Does The DOJs Recent Yates' Memo Impact Your Insurance Coverage For Government Investigations?  
Reed Smith

On September 9, 2015, the U.S. Department of Justice (the "DOJ") issued a memorandum that was authored by Deputy Attorney General Sally Yates and titled, "Individual Accountability for Corporate Wrongdoing" (the "Yates Memo") (available here).
Express Entry Round Of Invitations Repeats Lowest Qualifying Score To Date

October 2nd 2015 - Canadian Immigration authorities conducted the 18th round of invitations under Express Entry, inviting 1530 applicants for permanent residence. The lowest Comprehensive Ranking Score (CRS) was 450, repeating the score from the previous draw.
Method Claims Of A Medical Device-Based Patent Found Invalid Under Section 101 In Further Erosion Of Patent Rights  
Nutter McClennen & Fish LLP

On August 28 and September 15, 2015, certain asserted claims of Exergen's United States Patent No. 7,787,938 (the "‘938 patent") were found invalid under 35 U.S.C. § 101 on two separate summary judgment motions.
Persons Convicted For Participating In The Fraudulent Scheme Are Barred From Pursuing An FCA Action 
McGuireWoods LLP

The qui tam provisions of the False Claims Act (FCA) are broad in scope and permit a wide array of individuals to pursue FCA litigation as relators acting on behalf of the Government.
Pederson V. Saskatchewan: Fresh Evidence Not Permitted In Application For Leave To Appeal 
Osler, Hoskin & Harcourt LLP

In an appeal before the Saskatchewan Court of Appeal, can a prospective appellant introduce fresh evidence in support of an application for leave to appeal?
Changing The Joint Employer Standard In Franchising 
Fox Rothschild LLP

Recently, the National Labor Relations Board (NLRB), in a 3-2 decision along partisan lines, overturned the "joint employer" standard that has existed for the past three decades.
Being Rational In The Exercise Of Powers Of Appointment And Removal In Jersey Trusts - Royal Court Guidance In The Matter Of The P And R Trusts 

In its decision in In the Matter of the P and R Trusts the Royal Court has provided useful guidance with regard to the exercise of fiduciaries' powers of appointment of new trustees and protectors.
SEC Proposes Rules To Require Liquidity Risk Management Programs For Funds And To Permit Swing Pricing Of Fund Shares 
Ropes & Gray LLP

In a September 22, 2015 Release (the "Release"), the SEC published the following proposals.
Banking Regulation And Supervision Agency's Guidance: How To Deal With Global Players And Bitcoin In Turkey? 
ELIG, Attorneys-at-Law

It is safe to say that electronic money and payment services are creating one of the fastest growing markets worldwide.
Restructuring Activities In A Registered Partnership (Polish: Spółka Jawna) Are Subject To Civil Law Transactions Tax 

In the judgment of August 18, 2015 (case no. II FSK 2510/13) the Supreme Administrative Court confirmed that a registered partnership is excluded from the scope of application...
Law Society Of British Columbia Rule Change Re: Cloud Computing In The Legal Industry 
McCarthy Tétrault LLP

Many businesses have harnessed cloud computing to improve the way they manage and deliver computing resources.
The New Jersey Supreme Court Enacts Rule 5:1-5, Codifying Arbitration Procedures For Divorce Matters. 
Fox Rothschild LLP

Resolving issues pertaining to a divorce matter are not only costly and challenging, but if parties' choose to litigate their issues before a sitting Family Part Judge, their dirty laundry becomes public record.
Transformation Of A Corporation Into A Partnership Offers The Possibility Of Depreciation Of The Components Of An In-Kind Contribution Allocated To Capital Surplus 

On August 19, 2015, the Supreme Administrative Court (NSA) ruled in case ref. II FSK 1898/13 that a partner in a partnership established as a result of transformation of a corporation...
Immigration And Nationality Act 50th Anniversary Series: Birthright Citizenship? 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

In the first of a series celebrating the 50th anniversary of the Immigration and Nationality Act of 1965, this post explores the concept of birthright citizenship.
Cyberinsurance: Buyer Beware: 10 Tips For Upping Recovery Odds From Cyber And D&O Policies 
Anderson Kill

While the risks posed by data breaches are by now widely recognized, effective management of the risk is lagging. Statistics indicate that concern about data breaches is up ...
A Tale Of Two Citruses: BCCA Weighs In On When An Abuse Of Process Claim Is Ripe For Determination 
McCarthy Tétrault LLP

When will seeking injunctive relief against a non-party amount to abuse of process? At what stage in a proceeding should that determination be made?
Dismissal Obtained In Trucking Rollover Accident Where Plaintiff Alleged Employer Misrepresentation 
Lewis Brisbois Bisgaard & Smith LLP

Partner Jeffery Bairey and associate Lauren Koblitz of the San Francisco office obtained a dismissal from plaintiff in advance of responding to plaintiff's complaint in a tractor-trailer roll-over accident.
Despite Growth Of Green Cards For Rich Expats, Little Investment Seen In Fairfield County 
Fox Rothschild LLP

The EB-5 program has the ability to grant permanent residency to foreign nationals in exchange for investments that create job opportunities. With the government extending federal funding until December
The Small Business, Enterprise And Employment Act 2015 
Reed Smith

The Small Business, Enterprise and Employment Act 2015 (the ‘Act') received Royal Assent on 26 March 2015 and its implementation will change a number of aspects of company law over the next 18 months.
Senate HELP Committee Approves Mental Health, Opioid Abuse, Drug Scheduling Legislation 
Reed Smith

On September 30, 2015, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved the following bipartisan legislation:
White House Summit To Promote "Worker Voice" 
Littler Mendelson

On October 7, 2015, the White House and the U.S. Department of Labor will host a "Summit on Worker Voice," an event intended to "ensure that working Americans are fully sharing in the benefits of the broad-based economic growth that they are helping to create."
A Review Of Recent Whistleblower Developments - 05 October 2015 
Foley & Lardner

On September 10, 2015, the Second Circuit in Berman v. Neo@Ogilvy LLC, ruled that whistleblowers need not report to the U.S. Securities and Exchange Commission in order to state a claim for unlawful retaliation under the Dodd-Frank Wall Street Reform and Consumer Protection Act anti-retaliation provisions.
The Affordable Care Act's Reporting Requirements For Carriers And Employers (Part 12 Of 24): Deconstructing Form 1095-C, Parts II And III 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

This series is devoted principally to the reporting requirements imposed by Internal Revenue Code §§ 6055 and 6056 as added by §§ 1502 and 1514 of the Affordable Care Act (ACA), respectively.
The Court Of Appeal Of Québec Declares Valid A Perpetual Renewal Clause 
McCarthy Tétrault LLP

In Uniprix Inc. v. Gestion Gosselin et Bérubé Inc., 2015 QCCA 1427, the Court of Appeal of Québec dismissed the appeal by Uniprix Inc. ("Uniprix") of a judgment of the Superior Court of Québec rendered in December 2013 where a renewal clause in a contract of affiliation which did not limit the number of times the agreement could be renewed was found valid and enforceable.
EuroResource - Deals And Debt - October 2015 
Jones Day

France—The rules applicable to French branches of banks based outside the European Economic Area ("EEA") were revised by Order no. 2015-558 dated 21 May 2015 (the "Order").
Congress Considers Amending NLRA To Require Direct Control For Joint Employer Findings 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

On September 29, the House subcommittee on Health, Employment, Labor and Pensions held a legislative hearing to consider the Protecting Local Business Opportunity Act, H.R. 3459.
New Case On Inadmissibility Of Request For Admission Denials 
Lewis Brisbois Bisgaard & Smith LLP

There are cases where it is clear from relatively objective evidence – video of the accident, downloaded vehicle and engine data, cell phone records, medical records...
Student-Athlete Pay Ruling: What Does This Mean For The NCAA? 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

My colleague, Tyrone Thomas was quoted in the Law360 article, Attorneys React to NCAA Student-Athlete Pay Ruling, in which he analyzes the Ninth Circuit Court's decision to strike down the NCAA's ban on paying student-athletes.
U.S. Consulates, Embassies Closed Friday October 9th For Systems Upgrade 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

According to Law360, operations will be closed at U.S. Embassies and Consulates around the world on Friday, October 9th, for a systems upgrade.
SEC Issues Top Cybersecurity Priorities For Broker-Dealers And Investment Advisers 
McCarthy Tétrault LLP

On September 15, 2015, the Office of Compliance Inspections and Examinations ("OCIE") issued a risk alert to announce the priorities for its second round of cybersecurity examinations. The examinations are part of the Cybersecurity Initiative announced by the OCIE on its April 15, 2014 risk alert.
Private Attorneys General Act (PAGA) Amended To Address Some Excesses 
Littler Mendelson

On October 2, 2015, Governor Brown signed urgency legislation (Assembly Bill [AB] 1506) that immediately amends California's Labor Code Private Attorneys General Act of 2004 (PAGA)1 to address increasing civil litigation alleging technical violations of itemized wage statements (pay stubs) issued to employees.
Not So Fast My Friend – UAW Membership Rejects Tentative Agreement 
Foley & Lardner

During their press conference on September 15, 2015, UAW President Dennis Williams and Fiat Chrysler CEO Sergio Marchionne appeared satisfied with the tentative agreement reached after months of bargaining.
Key Takeaways From The Associated Industries Of Florida Water Forum 
Foley & Lardner

Last week I was honored to serve as lead moderator at the 2015 Associated Industries of Florida (AIF) Water Forum held in Orlando, Florida.
The Role Of Switzerland As Host: Moves To Hold Sports Organisations More Accountable, And Wider Implications  

Switzerland is an attractive base for international sports organisations, on account of its geographic location, highly qualified workforce, political stability, neutrality, security, quality of life and, most importantly, its very liberal legal code and attractive tax regime.
Nevada Supreme Court Holds That California Cumis Rule Applies In Nevada, But An Actual Conflict Is A Prerequisite For Independent Counsel 
Duane Morris LLP

In a 6-0 decision issued on September 24, 2015, the Nevada Supreme Court held that the California rule first announced in San Diego Fed. Credit Union v. Cumis Ins. Soc'y, and the analysis of the California Court of Appeal's decision in Fed. Ins. Co. v. MBL, Inc., also applies in Nevada.

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