Mondaq Most Recent Articles-Monday, June 26, 2017

Jungermann Discusses Size-Of-The-Transaction Test Under HSR And The New German Merger Control Rules Arnold & Porter Kaye Scholer LLP Frankfurt-based Antitrust partner Sebastian Jungermann presented and discussed the recently introduced Size-of-the-Transaction test under the new German merger control law at the 45.	Federal Register: IRS Reissues Centralized Partnership Audit Regulations Cadwalader, Wickersham & Taft LLP The Internal Revenue Service reissued proposed regulations concerning the new centralized partnership audit regime.
Elk Valley Decision – SCC Finds That Enforcement Of "No Free Accident" Rule In Workplace Drug And Alcohol Policy Does Not Violate Human Rights Legislation Stewart McKelvey In Stewart v. Elk Valley Coal Corporation, 2017 SCC 30, a six-judge majority of the Supreme Court of Canada ("SCC") confirmed a Tribunal decision which concluded that …	NASAA Encourages Senior Investor Protection Cadwalader, Wickersham & Taft LLP The North American Securities Administrators Association ("NASAA") published a study of practices and procedures used by broker-dealers applicable to senior investors.
CFPB Proposes Amendments To "Prepaid Card Accounts" Rule Cadwalader, Wickersham & Taft LLP The Consumer Financial Protection Bureau ("CFPB") is seeking public comment on proposed changes to the "prepaid card accounts" rule ("prepaid rule") under Regulation E and Regulation Z.	The Reasons Behind The Success Of The Guernsey Investment Funds Sector Ogier Guernsey's financial services regulator, the GFSC, recently reported the fifth consecutive quarter of growth in the island's investment funds industry...
Top Three Ways To Sabotage Your Licensing Compliance Under SPLA Scott & Scott LLP Microsoft's Services Provider License Agreement (SPLA) is the principal licensing agreement for companies that want to use Microsoft products to deliver hosted software solutions over the Internet.	Regulatory Focus - December 2016 Duff and Phelps A synopsis of the Financial Conduct Authority's (FCA) latest news and publications issued in December 2016.
Professional Liability And Disciplinary Law Newsletter June 2017 Dentons Integriteit anno 2017; zegt u het maar. Waar staan wij, waar staat u, waar staan de diverse beroepsbeoefenaren? Op 1 juni jl.	Cammini E Percorsi (Different Paths): Creating Work In Tourism Boccadutri Internationalm Law Firm State Property lends assets to those who are willing to reinvent them and make them interesting to tourists.
U.S. Department Of Education Pauses Borrower Defense To Repayment (BDR) Regulation And Announces Negotiated Rulemaking Committees To Revise BDR And Gainful Employment Regulations Duane Morris LLP In parallel notices that will formally be published in the Federal Register on June 16, 2017, the U.S. Department of Education will make two major announcements.	New Thresholds For PR By Independent Means Walkers A recent change to the Immigration Law has resulted in a significant increase in the qualifying sums for persons seeking to make an application to the Cayman Islands Government for permanent residence by independent means.
NASDAQ Solicits Comments On Shareholder Approval Rules Morrison & Foerster LLP "Last year, Nasdaq, solicited comments on our shareholder approval rules. These rules were adopted in 1990 and have remained largely unchanged since then.	Dutch Court Denies Approval Of Collective Settlement Unless Changes Are Made As To Allocation Of Compensation And Fees Proskauer Rose LLP The Amsterdam Court of Appeal denied approval of the €1.204 billion collective settlement of former Fortis (now Ageas) shareholders' claims unless the parties agree to restructure the allocation of the settlement amount ...
Green Shoots In The Hedge Fund Industry Walkers For financial journalists, there has been an easy formula for writing an article about hedge funds in the last few years. Draw a graph of an aggregated hedge fund index against the S&P 500 over the last decade or so, and point out the gap.	Exempted Companies - June 2017 Walkers An exempted company (a "Company") is the most commonly used type of Cayman Islands company for international transactions. This note describes certain features of a Company.
Off-Balance Sheet Financing Walkers This memorandum examines the use of Cayman Islands off-balance sheet financing structures.	Licensing Laws And Antitrust Concerns In India LexOrbis LexOrbis - When a patent has claims that can be infringed at different levels of a device, the issue of "licensing on the end value of device" or "licensing on the smallest component value" come into picture.
Ken Herzinger Comments On The SEC's Announcement That Cybersecurity Tops Its List Of Enforcement Priorities Orrick According to Ken, who formerly served as an attorney in the SEC's Enforcement Division, the Commission has ramped up its cybersecurity enforcement in recent years.	Health Care Privacy And The Health Insurance Portability And Accountability Act Of 1996 Day Pitney LLP Eric Fader authored a chapter in the 2017 edition of Westlaw's "Data Security and Privacy Law" treatise, published by Thomson Reuters.
New HHS Cybersecurity Preparedness Checklist Carlton Fields If a breach affecting 500 or more individuals occurs, the covered entity or business associate must report the breach to OCR as soon as possible...	The Appeals Management Advisory Committee: A "New World" Of Changes For Assessment Review In Ontario Wishart Law Firm LLP The most recent version of the Assessment Review Board ("ARB") Rules of Practice and Procedure ("Rules") came into force as of April 1, 2017.
Federal Circuit: Claims Reciting A Term Of Degree Found Not Indefinite In One-E-Way Haug Partners On June 12, 2017, the U.S. Court of Appeals for the Federal Circuit reversed a finding of indefiniteness that invalidated two patents claiming wireless audio systems in One-E-Way, Inc. v. ITC.	Failure To Contraindicate Claims And Preemption Reed Smith We were recently asked the question, "are failure to contraindicate claims preempted?"
Overtime Entitlement Did Not Extend To Time Spent At Labour Management Meetings Norton Rose Fulbright Canada LLP In Fabrene Inc. v International Association of Machinists and Aerospace Workers, Local Lodge 2922 employees who were UGC members unsuccessfully argued that the hours they spent attending Labour Management meetings on their days off constituted compensable overtime.	Second Circuit Provides Businesses With A Powerful Defense To TCPA Revocation Claims Reed Smith In a watershed ruling for businesses facing the recent onslaught of Telephone Consumer Protection Act (TCPA) claims...
Customers Sue Darden Restaurants Over Information On Receipts Reed Smith A class action lawsuit was recently filed against Darden Restaurants, Inc. ("Darden"), alleging that Darden violated the Fair and Accurate Credit Transactions Act ("FACTA").	Advertiser Fined By FCC For Use Of Emergency Tones In Football Ads Reed Smith The FCC entered into a settlement late last month with TEGNA, Inc. for $55,000. The case erupted after TEGNA used Emergency Alert System tones in its television ad promoting the Jacksonville Jaguars NFL team.
GAO Aims To Increase Consumer Clarity Regarding The Regulation Of Memory Supplement Advertising Arnold & Porter Kaye Scholer LLP People are willing to do anything to improve their memory (especially if it means drinking champagne and eating dark chocolate!).	Eastern District Of Wisconsin Grants Summary Judgment On Hip Component Manufacturer's Negligence Claims But Denies Summary Judgment On Strict Liability Claims. Reed Smith Last week, like most weeks during the past year, we spent a lot of our time on airplanes.
Ontario Bill 148, Fair Workplaces, Better Jobs Act, 2017 Proposes Considerable Changes To Equal Pay For Equal Work Provisions Norton Rose Fulbright Canada LLP The recently released Fair Workplaces, Better Jobs Act proposes considerable changes to Ontario's Employment Standards Act, including a number of new equal pay for equal work provisions.	New State Blockchain Legislation Clarifies Legal Status Of The Technology Reed Smith Nevada is the latest state to clarify blockchain's legal status under state law. The law, Senate Bill 398, was signed by the governor June 5, and prohibits local governments from imposing taxes or fees on the use of a blockchain...
The Grass Is Always Greener In The Other Jurisdiction - Provincial Acts And Regulations Under The Cannabis Act Stewart McKelvey New Brunswick's Working Group on the Legalization of Cannabis released an interim report on June 20, 2017.	City Planning Commission Approves East Midtown Subdistrict Stroock & Stroock & Lavan LLP On June 7, 2017, the NYC City Planning Commission approved the establishment of the East Midtown Subdistrict, which extends from 39th Street to 57th Street between Fifth Avenue and the east side of Third Avenue.
Vermont Legislature Passes Fantasy Sports Bill Reed Smith Approximately 80,000 residents in Vermont currently participate in DFS contests—a number expected to increase as these contests grow in popularity not only in Vermont but throughout the country.	What Has Changed With Inter-Corporate Dividends Crowe Soberman LLP The amendments to the anti-avoidance provisions in subsection 55(2) of the Income Tax Act (Canada) that were enacted a few years ago have created some uncertainly and even confusion to private companies and their tax advisors.
"Just Because" Not Good Enough For TwIqbal Reed Smith It's a fairly well known double standard. If you ask your child why he or she did that rotten, terrible, awful thing and he or she responds "just because" – that's never good enough.	Health Care Provider Insights \| 2nd Edition Wilson Elser Moskowitz Edelman & Dicker LLP In this second monthly edition of Health Care Provider Insights, we provide the following insights to help you protect your practice.
FDA Announces New Initiatives To Regulate Digital Health Technologies Holland & Knight FDA Commissioner Scott Gottlieb, MD, posted a blog today announcing new FDA initiatives re: regulation of digital health technologies to be piloted this fall.	The Repeal Of Ontario's Bulk Sales Legislation Fasken Martineau On March 22, 2017, Ontario's Bulk Sales Act (BSA) was repealed by way of Schedule 3 of Ontario's Burden Reduction Act.
Bill C-4: One Step Forward, Two Steps Back Norton Rose Fulbright Canada LLP « An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act », received Royal Assent after an interesting showdown between the Government and the Senate.	SCOTUS Strikes Down Ban On Disparaging Trademarks Reed Smith Earlier this week, a unanimous but fractured Supreme Court ruled that a controversial provision in the Lanham Act prohibiting the registration of trademarks that disparage ...
Nevada Passes Fintech Law Reed Smith A number of states have jumped into the FinTech fray by enacting legislation or issuing guidance regarding new technologies and digital currencies.	Sessions Seeks Repeal Of Rohrabacher-Farr Seyfarth Shaw LLP Jeff Sessions is testifying before the Senate Intelligence Committee on his possible links to Russia and a letter he wrote to Congress indicating his disapproval of the Rohrabacher-Farr Amendment has surfaced.
Supreme Court Rules That Government Cannot Ban Offensive Trademarks Lewis Roca Rothgerber Christie LLP In a greatly-anticipated decision, the Supreme Court ruled today that the U.S. government cannot refuse federal registration of an offensive trademark, holding that such a restriction violates the First Amendment.	How Trump's Budget Could Impact New York's Paid Family Leave Benefits Law Fisher Phillips LLP New York State is set to phase in job-protected, paid family leave (PFL) for virtually all private-sector employees, commencing January 1, 2018.
CJEU: Operation Of Peer-To-Peer Sharing Platform May Qualify As Copyright Infringement Reed Smith (Worldwide) In the underlying main proceedings before the Supreme Court of the Netherlands, Stichting Brein...	Solvency II Disclosures - The Dawn Of A New - And Transparent - Era Deloitte This year, the majority of insurers across the EU are releasing their first sets of public, audited Solvency II-basis results and disclosures ("SFCRs").
SCOTUS Overturns California's Extreme Expansion Of Personal Jurisdiction For National Corporations Jones Day The United States Supreme Court has issued an important decision rejecting California's effort to assert personal jurisdiction over nonresident corporations and curtailing the plaintiff's bar's efforts at forum shopping.	Taking CASL By Storm: Compliance Tips For Investment Fund Managers McMillan LLP Privacy has become a global issue in recent years. In this vein, the law informally named CASL has applied to all electronic communications sent with a commercial purpose from Canada or accessed in Canada since mid 2014.
Breaking News − Bristol-Myers Squibb Slams The Door On Litigation Tourism Reed Smith The Supreme Court decided "the big one" today – and not to keep anyone in suspense [the big one is a major earthquake in California mass tort litigation]...	Supreme Court: Biosimilar Applicants May Provide Commercial Marketing Notice Before FDA Approval Jones Day Intended to provide a faster route to approval for generic biologics, the Biologics Price Competition and Innovation Act, was the basis for a decision rendered by the U.S. Supreme Court in Sandoz Inc. v. Amgen Inc.
Replacement At The Head Of The U.S. Patent And Trademark Office Miles & Stockbridge Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) for more than two years, submitted a letter of resignation on the afternoon of Tuesday, June 6, 2017.	Consumer Protection Class Action Lawsuit Over "Free" Candy Crush Plays Will Proceed Reed Smith A class action lawsuit against the developer of Candy Crush will continue in Illinois federal court.
President Trump Revises U.S. Policy On Cuba Jones Day As a result of the announcement, further easing of the U.S. embargo appears unlikely in the near term.	PTAB Denies Timely, Relevant Supplement To Petition Jones Day By rule, a petitioner may request permission from the Board to submit supplemental information in an IPR proceeding if:
Doc, Can You Hear Me Now? Telehealth Finally Comes Of Age In Texas BakerHostetler After many years of heated and contentious debate, and opposition by the Texas Medical Association and the executive director of the Texas Medical Board, Texas has significantly revised its telemedicine statute...	2017 Antitrust Insights For Merger Activity (Video) Proskauer Rose LLP In this video, Colin Kass and Chris Ondeck, Proskauer partners and co-chairs of the firm's Antitrust Group, provide a recap of their Antitrust Insights 2017 seminar.
Exaggerated Diagnosis Codes And Inadequate Provider Networks: Allegations Of Medicare Advantage Fraud Settled For $32.5 Million BakerHostetler The latest settlement involving Medicare Advantage (MA) organizations highlights not only the government's continuing enforcement focus on Medicare Part C but also the vulnerabilities inherent in that program	Qatar – Sanctions And Restrictions: What Has Happened, And What It Might Mean For You Reed Smith (Worldwide) On 5 June 2017, Saudi Arabia, the United Arab Emirates, Egypt and Bahrain (the Blockading Countries) severed diplomatic and economic relations with Qatar.
Judge Essex Updates Ground Rules To Limit Prehearing Briefs, Opening Statements Jones Day While most practitioners likely will not mind Judge Essex's time limit for opening arguments, the new page limits on pre-hearing briefs may have an impact on trial strategy.	This Week's Florida Appeals: Week of June 12 - 16, 2017 Carlton Fields This Week's Florida Appeals: Week of June 12 - 16, 2017
President Trump Under Investigation For Possible Obstruction Of Justice Devry Smith Frank LLP President Donald Trump is officially being investigated over alleged obstruction of justice. Investigators are looking into ties between Trump's presidential campaign and Russia, and potential financial crimes by Trump associates.	Ninth Circuit En Banc Panel Holds That Central Hudson Survives Sorrell Reed Smith Last week we bashed a Ninth Circuit Daubert decision. We feel a little bit bad about that, because we hate contributing to the chorus of defense hacks who bemoan the Ninth Circuit's supposedly liberal, pro-plaintiff bias.
Ch-Ch-Ch-Ch-Changes: Reporting Requirements For Updating Your CMS Provider Enrollment BakerHostetler With the possibility of significant penalties for improperly reported transactions, it is important to understand how certain changes necessitate specific reporting.	Value-Based Health Care: Private Equity Investors (Video) Ropes & Gray LLP Deborah Gersh, Ropes & Gray health care partner, discusses considerations for private equity companies investing in the value-based health care space.
Georgia Federal Court Finds Policy's Broad Firearms Exclusion Bars Coverage Carlton Fields The U.S. District Court for the Northern District of Georgia granted summary judgment in favor of AIG Specialty Insurance Co. in a case involving the application of the firearms exclusion in Powe v. Chartis Specialty Insurance Co.	Oil States Energy Services LLC v. Greene's Energy Group, LLC Lewis Roca Rothgerber Christie LLP The Supreme Court has granted certiorari in Oil States Energy Services LLC v. Greene's Energy Group, LLC to examine the constitutionality of inter partes review proceedings by the United States Patent and Trademark Office.
Fourth Circuit Punts West Virginia Innovator Liability Issue Reed Smith We have two posts on innovator liability that we update on a consistent basis: our innovator liability scorecard...	More "Mark Of The Beast" – Fourth Circuit Affirms Denial Of Employer's Post-Verdict Motions In EEOC's Anti-Christ Discrimination Case Seyfarth Shaw LLP The Fourth Circuit recently affirmed a U.S. District Court's denial of three post-verdict motions brought by an employer in an EEOC religious discrimination case alleging a failure to accommodate an employee's Anti-Christ fears.
Supreme Court Rules In Favor Of Slants Rock Band Womble Carlyle The high court held that the federal government cannot deny a trademark registration because some people might find the trademark offensive.	Cash Balance Plans Can Be An Attractive Choice For Partnerships And Small Businesses Grant Thornton LLP Do your partners (or co-owners) want to defer into retirement plans more than $60,000 annually – the current limit for contributions to plans such as 401(k) and profit sharing plans?
Above The Clouds: Jeweler's Trade Secret Spat Highlights Risk Of Employee-Controlled Cloud Storage Orrick We have discussed before the importance of maintaining internal policies and procedures to protect the security and integrity of cloud-based repositories.	Significant New Obligations Imposed On Apartment Buildings In Toronto: What Landlords Need To Know Torkin Manes LLP The Municipal Licensing and Standards Division can conduct routine site visits and inspections at reasonable times to ensure that buildings are in compliance with the By-Law.
FDA Commissioner Forecasts New, Modernized Digital Health Regulatory Framework Ropes & Gray LLP In his first public statement as Commissioner of the Food and Drug Administration ("FDA") on the regulation of digital health technologies, Scott Gottlieb, M.D., signaled that FDA is contemplating significant changes.	ISED Announces $950M Investment In Canadian Superclusters Fasken Martineau On May 24, 2017, Innovation, Science and Economic Development of Canada (ISED) announced the details of its $950 million Innovation Supercluster Initiative (ISI) to support up to five innovation superclusters in highly innovative industries such as advanced manufacturing, agri-food, clean technology, digital technology, health/biosciences, clean resources, as well as infrastructure and transportation.
Third Circuit Gets Right Result In Affirming Daubert Exclusion Reed Smith Earlier this week, we posted on the Ninth Circuit's conversion of the Daubert's gate (that the trial court should keep) into more of a swinging saloon door.	EU VAT Groups And Group VAT Settlement In Italy TMF Group TMF Italy's Daniele Raimondi summarises developments and explains the difference between VAT groups and group VAT settlements.
How Are You Responding To Environmental Incidents? Dentons In March the Munich offices of international law firm Jones Day, were raided by prosecutors in the VW emissions investigation. This breach of the law firm citadel has shone a bright light on the confidentiality of documentation and the importance of legal privilege.	MedPAC Takes Anti-POD Stance In Report To Congress, Echoing An Increasingly Uniform Consensus Ropes & Gray LLP On June 15, 2017, the Medicare Payment Advisory Commission, a non-partisan group that advises Congress on Medicare policy, released its annual Report to the Congress on Medicare and the Health Care Delivery System.
Procurement Blues: Well-Run Process Did Not Avoid Fraud Torkin Manes LLP Sometimes even when you do things right, things can go horribly wrong.	Property Management Companies Must Use Lawyers To Register Liens Miller Thomson LLP A recent court decision and report by the Law Society of Upper Canada confirms that condominium liens can only be registered by lawyers.
Monthly Tip - June 15, 2017 Miller Thomson LLP The first set of changes to Ontario's Condominium Act are now scheduled to be implemented on November 1, 2017.	Ontario Government Announces Public Hearings On Bill 148 Borden Ladner Gervais LLP Since Bill 148 was introduced, we have heard from Ontario employers about the significant impacts Bill 148 would have within their particular workplace.
Life Sciences Legal Trends In Canada - 2017 Borden Ladner Gervais LLP A report on Intellectual Property, Litigation, Corporate Commercial legal trends and industry developments in Canada.	Investor Advisory Committee Meeting Agenda Announced Morrison & Foerster LLP The SEC's Investor Advisory Committee has announced the agenda for its June 22 meeting.
De vervuiler van bodemverontreiniging betaalt niet meer? Dentons De vervuiler betaalt (dachten we altijd). Nee, voor bodemverontreinigingen die vóór 1987 zijn ontstaan (de zogenoemde ‘historische verontreinigingen') gaat dat uitgangspunt allang niet meer op.	Battle Over Gravel Results In Clarification In Test For Pre-Judgement Relief Borden Ladner Gervais LLP The Susan Lake gravel pit is one of the largest in Canada, and supplies the majority of gravel to energy companies operating and developing oil sands resources in the Athabasca Oil Sands region.
Arbitration And Mediation In Hong Kong: Financial Assistance On The Way Orrick Hong Kong has traditionally been reluctant to allow claimants' legal costs to be paid by third parties who have no direct legitimate interest in the outcome of the dispute.	Federal Court Penalizes Firm For Off-Exchange Precious Metals Transactions Cadwalader, Wickersham & Taft LLP A U.S. District Court judge for the Southern District of Florida entered a Consent Order against a Florida-based telemarketing firm and its owners...
Strong Commitment Sayenko Kharenko On the path of reforms Ukrainian competition law is that very area where progress is recognized by professional circles and international community.	Let op bij een erfdienstbaarheid met een zelfstandige actieve verplichting Dentons Onlangs heeft het Hof Den Bosch arrest gewezen omtrent een erfdienstbaarheid met een actieve verplichting.
"Existence Of A Dispute" Under The Insolvency And Bankruptcy Code Clarified By The NCLAT LexCounsel Law Offices In the aforesaid case before the Appellate Tribunal, the appeal had arisen out of an order of the Tribunal (Mumbai bench) rejecting the insolvency application filed by an operational creditor.	Out With A Whimper: DOL Moves To Rescind Persuader Rules Proskauer Rose LLP As we reported last month, the DOL was considering what to do with the enjoined persuader rules, new regulations that would have drastically changed the interpretation of the advice exemption to the LMRDA reporting requirements.
Leegstandschade en bankgarantie: eindelijk duidelijkheid? Dentons Leegstandschade: mag dergelijke schade nu wel of niet onder een bankgarantie getrokken worden?	Alternative Techniques For Financing Arbitration Proceedings Sayenko Kharenko Alternatively, a company may obtain a loan to finance arbitration from its business partners on the terms agreed by the parties.
FINRA Seeks To Extend CDS Margin Pilot Program Cadwalader, Wickersham & Taft LLP Currently, the pilot program is set to expire on July 18, 2017. The proposal would extend the pilot program to July 18, 2018.	Trump Budget Proposes Giving The IRS New Authority Grant Thornton LLP President Trump's first budget proposal provided no new information on tax reform, but included three narrow tax proposals to strengthen IRS enforcement.
Round up of key employment law and tax changes for the 2017/2018 financial year HopgoodGanim This financial year brings changes to minimum wages, unfair dismissal regulations and various tax thresholds and rates.	U.S. Department Of Labor Issues Notice Of Proposed Rulemaking On Rescinding "Persuader Rule" Poyner Spruill LLP The question remains, however, what interpretation of the advice exemption may emerge as a result.