Mondaq Latest Added Articles

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Federal Budget 2017 Tax Highlights 
Crowe Soberman LLP

On March 22, 2017, Finance Minister Bill Morneau tabled the second federal budget ("Budget 2017") of the Justin Trudeau-lead Liberals.
Matthew Galati Participates In Temple University's "The Dream Is Now" Panel Discussion 
Green and Spiegel LLP

On March 22, 2017, Senior Associate Matthew Galati participated in the film viewing and panel discussion "The Dream is Now" held at Temple University in Philadelphia.
Without Consent of Skipped Creditor, Structured Chapter 11 Dismissals Must Follow Ordinary Priority Rules  
Stites & Harbison PLLC

In elementary school, there was always the kid from the back of the line muscling in ahead of others who were patiently waiting their turn for the slide. Known as "the cutter", this kid's goal was to evade taking an orderly turn.
Kentucky Enacts Medical Review Panel Law Regarding Malpractice Claims  
Stites & Harbison PLLC

On March 16, 2017, Governor Bevin signed into law a bill that requires medical malpractice plaintiffs to obtain an opinion from a panel of health care providers regarding the merits of their claims before filing suit in court.
Express Entry Draw Invites Drops Slightly 
Green and Spiegel LLP

On March 24, 2017, the Department of Immigration, Refugees and Citizenship Canada (IRCC) invited 3749 people to apply for Permanent Residence to Canada through Express Entry.
Health Tech Oversight Up in the Air in Wake of New HHS Position 
Day Pitney LLP

A March 24 article, "Health Tech Oversight Up in the Air in Wake of New HHS Position," in Bloomberg BNA's Health IT Law & Industry Report and other publications reported that federal oversight of health information technology policy could be in limbo with the creation of a new Department of Health and Human Services position focused on health technology.
The Necessity For Cyprus To Ratify The Council Of Europe "Convention On Preventing And Combating Violence Against Women And Domestic Violence" 
AGP Law Firm | A.G. Paphitis & Co. LLC

The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence was adopted in May 2011 in Istanbul and entered into force in August 2014.
Sexual Orientation Discrimination Is Not Prohibited By Title VII, Eleventh Circuit Rules 
Ogletree, Deakins, Nash, Smoak & Stewart

On March 10, 2017, the majority of a split Eleventh Circuit Court of Appeals panel affirmed a district court's dismissal of a sexual orientation discrimination claim brought under Title VII of the Civil Rights Act of 1964. Evans v. Georgia Regional Hospital, No. 15-15234 (March 10, 2017).
Vertical Agreements In Motor Vehicle Sector 

As of 7 March 2017, Guidelines explaining the new Block Exemption Communiqué No. 2017/3 on Vertical Agreements in Motor Vehicle Sector are available on the website of the Turkish Competition Authority.
Surprise! Canada Is A World Leader In Phasing Out Coal-Fired Electricity 
Gowling WLG

It is important to realize that this commitment is based on solid progress in putting Canada among world leaders in having coal-free electricity.
Employment Authorization Issues Arising From Corporate Restructuring  
Foley & Lardner

American business experienced a near record number of mergers and acquisitions in 2016, and this trend is likely to continue in 2017.
Fraud: A Jersey Perspective 
Baker & Partners

Investigating and pursuing serious and complex fraud claims is about staying ahead of the game. Most serious frauds will have an international element, whether in the substantive action or in asset recovery.
Inching Toward Greener Pastures: Alberta's New Solar Energy Program 
Gowling WLG

Industry players are adapting to change and redefining how to participate in the new energy policy paradigm.
Through Rain, Sleet, Or Snow: The USPS Delivers A Helpful Example Of Well-Executed Employment-Related Internal Investigations 
Foley & Lardner

Remember when the U.S. Postal Service (USPS) conjured up images of disgruntled employees engaging in workplace violence?
Federal Circuit Reverses PTAB's Holding Of Anticipation Despite An Element Missing From The Prior Art 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

The '895 patent generally covers a system designed to control the torque of an electromagnetic motor.
Updated Status Of The DOJ FCPA Pilot Program 
Womble Carlyle

The FCPA Pilot Program was introduced on April 5, 2016 as a one year experiment that sought to ‘motivate companies to voluntarily self-disclose FCPA-related misconduct, fully cooperate with the Fraud Section..."
More Broken Privacy Promises From Upromise: Key Takeaways From Upromise's Latest Settlement With The FTC 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

"Don't make promises that you don't intend to keep" is an admonishment received by every child and delivered by every parent.
President Trump Orders EPA Review Of Corporate Average Fuel Economy Standards  
Foley & Lardner

The Trump administration has different ideas regarding these targets.
The New NCAA Penalty Structure & Its Impact (Video) 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

The implementation of the four-level matrix is forcing changes in how universities review their athletic programs. In this video, Tyrone Thomas discusses the need for stringent analyses.
Federal Circuit PTAB Appeal Statistics – March 1, 2017 
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Through March 1, 2017, the Federal Circuit decided 172 PTAB appeals from IPRs and CBMs.
The 2017 Federal Budget: Three Things Every Executive Needs To Know  
Stikeman Elliott LLP

On March 22, 2017, the Trudeau Government unveiled its second budget, continuing the Liberal Party theme of job creation and helping the middle class.
CFTC Issues Time-Limited No-Action Transition Compliance Date For Variation Margin And No-Action Relief 
Shearman & Sterling LLP

On February 13 2017 the US Commodity Futures Trading Commission (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) issued a time-limited no-action letter (CFTC Letter 17-1 1) which provides that, from March 1 2017 to September 1 2017
Avoiding Employee Data Breaches Has Nothing To Do With Luck ….. 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

We are well into March Madness … and Happy St. Patrick's Day!
Remember – "March Madness" Is A Trademark 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball's national champion.
Proposed Ontario Legislation Would Strengthen Shareholder Rights And Board Diversity 
Stikeman Elliott LLP

Say-on-pay, board diversity and majority voting requirements are among the key proposals aimed at modernizing the Business Corporations Act (Ontario) in the recently introduced Bill 101, Enhancing Shareholder Rights Act, 2017.
Stakeholder Consultation On Regulatory Changes To Expand CPSO Oversight Of Fertility Services 
Miller Thomson LLP

There is an exception for facilities that only provide counselling or referrals for these procedures.
Privacy And Security Audits May Be Moving From Education To Enforcement  
Foley Hoag LLP

Partner Colin Zick speaks with BNA's Health Care Daily Report™ on what providers and medical institutions can expect from the future of HIPAA audits and why self-auditing is so important.

Altera o Código Civil, eliminando a discriminação entre homens e mulheres em matéria de prazo internupcial
SEC Extends Interim Final Rules Granting Exemptions For Security-Based Swaps 
Shearman & Sterling LLP

On February 15 2017 the Securities and Exchange Commission (SEC) adopted amendments to the expiration dates in its interim final rules that provided exemptions for certain security-based swaps.
CFPB Initiates Third Card Act Review 
Morrison & Foerster LLP

On March 10, 2017, the CFPB published a Request for Information (RFI) regarding the consumer credit card market.
Arbitrating PAGA Representative Actions: Federal And State Courts Begin To Part Ways 
Seyfarth Shaw LLP

Seyfarth Synopsis: Three decisions issued earlier this month reveal an increasing tension between the Ninth Circuit and California appellate courts on whether representative PAGA actions can be arbitrated.
United Arab Emirates moves closer to insurance safety net 

In this article, which is the first of three in a series, Kennedys' Corporate Insurance team looks at the new proposed commission structures under the new draft life regulations in the UAE.
Alcohol And Marijuana: A One-Stop Shop? 
Foley Hoag LLP

Liquor stores are moving to gain a foothold in the Commonwealth's new cannabis market.
Rules To Avoid Bursting Your Floating Holiday Bubble 
Seyfarth Shaw LLP

Seyfarth Synopsis: Some California employers offer floating holidays for employees to use for events like the upcoming St. Patrick's Day holiday.
China Hits Turkish Market With Solar Panel Exports 

In 2016, three domestic producers lodged a complaint to the Ministry of Economy concerning the imports of photovoltaic (solar) panels and modules ("solar panels") originating in the People's Republic of China ("China").
Predicting The Unpredictable: Will President Trump Tear Up The Iran Nuclear Deal?  
Sheppard Mullin Richter & Hampton

As a candidate for President, Donald J. Trump was widely reported to despise the Iran nuclear agreement, which is known as the Joint Comprehensive Plan of Action.
Predicting The Unpredictable: Will Tariffs Under President Trump Cause A Trade War With China? 
Sheppard Mullin Richter & Hampton

President Trump has stated that he would impose tariffs on imports from China ranging from ten to forty-five percent. Can he do it? And will it cause a trade war?
Predicting The Unpredictable: Foreign Investment Under The Trump Administration 
Sheppard Mullin Richter & Hampton

CFIUS has the power to unwind your M&A deal. That power will likely expand. That is the headline.
Handle Owner-Manager Compensation With Care 
TaxChambers LLP

As we enter tax filing season next month, owners of businesses will need to finalize the amount and nature of their compensation.
Predicting The Unpredictable: Practical Steps For International Business Under The Trump Administration 
Sheppard Mullin Richter & Hampton

President Trump's successive executive orders restricting immigration caught many people off guard, and many businesses had to scramble to react.
Florida Law Creates Right Of Action Against Drone Operators For Surveillance Of Private Property 
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

A bill passed by the Florida legislature and signed into law earlier this year expands Florida's Freedom from Unwanted Surveillance Act (F.S. 934.50)...
Cybersecurity Information Sharing Act Of 2014: What Does It Allow? 
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

The Cybersecurity Information Sharing Act of 2014 was created to identify and share cyber threat indicators, which are pieces of information necessary to describe or identify "malicious reconnaissance;" . . .
Manchester: Regeneration And Sir Howard Bernstein's Legacy 

Undoubtedly, Manchester is seen by many as the leading contender for UK's second city, something that can be attributed to the strong leadership that has continued to drive forward regeneration relentlessly over a distinctive 20+ year period.
Streamlined Funds Regime Welcomed As Enhancing Jersey's Competitiveness 
Jersey Finance Limited

Jersey's competitiveness as a jurisdiction in which to establish funds has been enhanced with the introduction of a new regulatory framework for private funds.
Bank Resolution Regime – From Theory To Practice 
P. N. Kourtellos & Associates LLC

The financial crisis in Cyprus resulted among others in the introduction of the Insolvency Framework, comprising of a package of six bills of legislation that came into force on the 07/05/2015.
Using Nondeductible IRAs To Fund Roth IRAs 
Reinhart Boerner Van Deuren S.C.

This article addresses one narrow planning technique that many people find useful in building Roth IRAs: Forming and funding "nondeductible" IRAs and then converting those nondeductible IRAs to Roth IRAs.
First Time Swiss Court Disapproves Discrimination Of The Handicapped 
Rihm Attorneys

For the first time, a court of first instance in Switzerland has ruled that a spa located in the Canton of Apenzell had discriminated against handicapped children by prohibiting them access to the spa.
USBs An Unreliable Medium For Service Under Security Of Payment Act 

The Supreme Court of NSW recently found that the delivery of copy of an adjudication application under the Building and Construction Industry Security of Payment Act 1999 (Act) saved on a USB enclosed under a covering letter was not alone sufficient to effect service under the Act.
Guideline And Procedure For Registration Of Foods And Drugs In Nigeria 
Fred-Young & Evans

No food and related products shall be manufactured, imported, exported, advertised, sold or distributed in Nigeria unless it has been registered in accordance with the provisions of the Act and the accompanying guidelines.
Structuring Challenges In Leveraged Buyouts In Israel 
Gornitzky & Co.

How foreign private equity sponsors and their lenders are finding solutions to local law structuring issues.
Long-Term Disability Series: Physical Injury And Its Effects On Mental Health 
Howie, Sacks & Henry

Life altering accidents can happen in an instant, but their effects can last months, years or a lifetime.
The Sale Of Israel's Major Credit Card Companies Is Underway 
Gornitzky & Co.

Israel's two largest banks, Bank Leumi and Bank Hapoalim, are now officially compelled to divest their credit card businesses - Leumi Card and Isracard – and the engines are warming up on these sales.
Israeli Anti-Trust Authority Issues New Draft Opinion On Information Sharing For Cybersecurity Purposes  
Gornitzky & Co.

Growing cybersecurity threats require businesses to take various measures to protect their systems, including by sharing information with other businesses...
Proposed Hong Kong Security Of Payment Legislation For The Construction Industry  
Herbert Smith Freehills

The Report details the Development Bureau's findings, which generally support the proposed terms of the SOPL.
Government Proposes To Amend The Law To Combat Online Copyright Infringement 
Gornitzky & Co.

An amendment to the Israeli Copyright Law, recently proposed by the Ministry of Justice, offers new measures against online copyright infringement.
The Saga Decision: Concurrent Delay And Causation  
Herbert Smith Freehills

The English High Court decision in Saga Cruises BDF Ltd & Anor v Fincantieri SpA emphasises that unless there is concurrent delay affecting a contractor's completion date, the contractor will not be entitled to an extension of time.
New Edition Of Essential Law For Social Work Practice In Canada 
Miller Thomson LLP

Miller Thomson's National Health Industry Group is pleased to announce the third edition of Essential Law for Social Work Practice in Canada.
Privacy Commission Reviews Impact Assessments Under GDPR 
Jones Day

The review addresses the content of the assessment, the compulsory nature of impact assessments, and stakeholders involved the process.
Privacy Commission Finds Big Data Use By Telecommunications Operator Does Not Violate Law 
Jones Day

The decision is subject to the conditions that the data is sufficiently aggregated and that underlying data is not used in the process.
ENISA Publishes Guidelines For SMEs On Security Of Personal Data Processing 
Jones Day

On January 27, 2017, ENISA issued guidelines for small and medium-sized enterprises on the security of personal data processing.
ENISA Issues Report On PETs Control Matrix 
Jones Day

The document, based on research in the area of secure messaging applications as well as the testing of different privacy tools, draws key conclusions and makes recommendations to be considered by all involved stakeholders in the area of PETs.
ENISA Releases National Cyber Security Strategy Guide 
Jones Day

The guide also provides specific insights for private, civil, and industry stakeholders involved in the lifecycle of the NCSS.
Time To Start Working On 2018 Ballot Questions  
Foley Hoag LLP

It may feel like the dust has yet to settle on the 2016 Election, but the first important deadlines for the 2018 Election are just around the corner.
CFTC Extends Comment Period For Swap Dealer Capital Requirements Proposal 
Cadwalader, Wickersham & Taft LLP

The CFTC extended the comment period for a proposal to adopt capital requirements for swap dealers ("SDs") and major swap participants ("MSPs") that are not subject to the capital rules of a prudential regulator.
President Trump To Nominate Giancarlo As CFTC Chair, Announces Other Key Appointments 
Cadwalader, Wickersham & Taft LLP

President Trump announced his intent to nominate J. Christopher Giancarlo as CFTC Chair.
CFTC Commissioner Bowen Talks Reg. AT, Cybersecurity, Governance And Position Limits 
Cadwalader, Wickersham & Taft LLP

Commissioner Bowen expressed disappointment that the CFTC has yet to complete a corporate governance rulemaking pursuant to Dodd-Frank Act requirements.
President Trump Calls On OMB Director To Reorganize Executive Branch 
Cadwalader, Wickersham & Taft LLP

President Trump signed an Executive Order that directs the Office of Management and Budget Director to propose a "plan to reorganize the executive branch in order to improve the efficiency, effectiveness and accountability of agencies."
Will Austin Come Crawling Back To Uber And Lyft?  
Fisher Phillips LLP

The sharing economy has become so entrenched in our vocabulary and culture, it's hard to remember when exactly the romance began.
Unexpected Consumer Data Collection Concerns FTC  

Now, the FTC staff has issued a report recommending transparency and choice regarding cross-device tracking and targeting.
The Reserve Bank Of India Liberalises Foreign Direct Investment In Limited Liability Partnership  
SKP Business Consulting LLP

Converting an existing company into an LLP through FDI was permitted only under the approval route.
The House Of Lords Looks To Accelerate Driverless Opportunities For The UK  
Gowling WLG

A report released today by The House of Lords Science and Technology Committee has warned that the UK risks missing out on the benefits of driverless vehicles unless urgent government action is taken.
Animal Charities Win Inheritance Dispute Appeal 
Debenhams Ottaway

Unanimous Supreme Court decision finds in favour of charities – the pendulum swings back towards the principle of testamentary freedom.
Trump Administration Endorses Congressional Resolutions To Nullify DOL Savings Arrangement Rules 
Cadwalader, Wickersham & Taft LLP

The two DOL rules set forth requirements by which states could establish state payroll deduction savings programs for private-sector employees without causing the states or private-sector employers to establish "employee pension benefit plans"...
DOL Issues "Temporary Enforcement Policy" For Fiduciary Rule 
Cadwalader, Wickersham & Taft LLP

In the event the DOL issues a final rule after April 10, 2017 that implements a delay in the applicability date.
FDIC Vice Chair Proposes Partitioning Of Nonbanking Activities 
Cadwalader, Wickersham & Taft LLP

For instance, an entity would have to be capitalized separately, have a liquidity requirement, and be subject to bankruptcy resolution.
Banning Headscarves - A Workable Policy? 
Field Fisher

The wearing of a 'hijab' has become a much politicised issue in recent months, particularly in Continental Europe.
Sixth Circuit Upholds Dismissal Of Fraud And Contract Claims Against Employer Sponsoring Green Card Application For Employee 
Butler Snow LLP

The Sixth Circuit agreed, noting that, practically speaking, a promise to obtain a green card would have been impossible for Dow Corning to have carried out, because it does not itself issue green cards.
Massachusetts Supreme Judicial Court Considers Employees' Use Of Medical Marijuana 
The McLane Law Firm

In 2016, Massachusetts voters passed a measure decriminalizing marijuana for recreational use.
Does a bankrupt beneficiary's effective control of a discretionary trust transform their interest into property? 
Corrs Chambers Westgarth

We discuss the decision in Fordyce v Ryan & Anor; Fordyce v Quinn & Anor.
Federal Court of Australia dismisses preliminary discovery application regarding biosimilar suspected of infringing manufacturing process patents 
Shelston IP

We discuss Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCA 285.
What's in a name? 457 visas and the controversy surrounding them 
HHG Legal Group

The 457 visa allows businesses to hire workers from overseas with specialised skills.
ASIC and ASX hot on Distributed Ledger Technology - 23 March 2017 

The use of blockchain and DLT is one of the most talked about technological advances in the finance sector.
Building brands by branding buildings 

Seeking brand protection and exploiting signage rights for can increase the value of your property.
Lower company compliance costs ahead 
Chapman Tripp

The Regulatory Systems (Commercial Matters) Amendment Bill has now passed.
Liquidators in Victoria owe a duty of care to guarantors of a company's liabilitie 

Administrators and liquidators owe a duty of care to guarantors of the company when realising the company's assets.
Protecting your brand from unauthorised imports 
Hunt & Hunt

The more valuable your intellectual property, the more likely there will people seeking to counterfeit it.
2017 Express Entry Draw #7: Continued High Number Of Invitations Issued

Canadian Immigration authorities conducted the 7th round of invitations under Express Entry in 2017 and 57th overall, inviting 3749 applicants for permanent residence, under all programs.
Costs Of Accommodation: British Columbia Supreme Court Reaffirms High Threshold For Undue Hardship 

In a July 2016 decision, Providence Health Care v. Dunkley, 2016 BCSC 1383, the British Columbia Supreme Court held that Providence Health Care and the University of British Columbia failed to establish...
New Central Bank Investment Firms Regulations  
Dillon Eustace

The Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2017 were signed by the Central Bank Deputy Governor on February 28, 2017...
Specimen Showing Display Of A Trademark On A Door Insufficient To Show Use Of A Service Mark 
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

On February 23, 2017, in a non-precedential opinion, the TTAB affirmed a PTO refusal of Republic National LLC's service mark based upon the failure of its specimen to demonstrate use...
Budget 2017: Financial Institutions Update 
McCarthy Tétrault LLP

The 2017 federal budget announced a number of measures directed to the financial services sector, including plans to strengthen the bank resolution regime and the deposit insurance framework, . . .
Protection Of Dissenters' Rights 

In a recent case before the Grand Court of the Cayman Islands, in the first decision of its kind, Walkers has successfully argued that the Court does have the power to order an interim payment...
Reporting Provisions Of Newfoundland & Labrador Management Of Greenhouse Gas Act Now In Effect 
McInnes Cooper

On March 7, 2017, the emission measurement and reporting sections of the N.L. Management of Greenhouse Gas Act, and the Management of Greenhouse Gas Reporting Regulations made under it, took effect.
Westborough Says No To Marijuana Shops 
Foley Hoag LLP

Last week, Westborough became the first municipality in Massachusetts to opt out of the future recreational marijuana industry.
Electric Cooperative Receives Favorable Interpretation Of Excess Revenue Statute And Class Action Dismissal 
Holland & Knight

A federal court's interpretation of an excess revenue statute could bring an end to many capital credit lawsuits brought by current and former members of rural electric cooperatives challenging...
The European Court Of Justice (ECJ) And The Banning Of Headscarves In The Workplace 

Two highly anticipated cases involving the legality of banning headscarves in the workplace were decided by the ECJ this week.
SNA Terms And Conditions Of Employment  
Mason Hayes & Curran

The issue of working hours and other terms and conditions of employment for Special Needs Assistants ("SNAs") has caused difficulty for Boards of Management in recent years.
Education Update: Recent Discrimination Case Involving A Separated Parent And A Secondary School 
Mason Hayes & Curran

We examine the facts of the case and suggest the best course of action for schools faced with similar complaints.
General Scheme Of An Education (Parent And Student Charter) Bill 2016 
Mason Hayes & Curran

A General Scheme of an Education (Parent and Student Charter) Bill 2016 was published by Minister for Education and Skills, Richard Bruton on 5 December 2016.
Medicare Part B Provider Secures Dismissal Of FCA Claims Under First-To-File Bar 
McDermott Will & Emery

The defendant, Lincare Holdings, Inc., is a national respiratory care provider that serves Medicare Part B patients via the sale and rental of medical oxygen supplies.

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