Mondaq Latest Added Articles

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FTC Finalizes First Privacy Settlement Against A Retail Tracking Firm 

In a first-of-its-kind enforcement action, the Federal Trade Commission (FTC) on Thursday voted along party lines to settle deception allegations against Nomi Technologies (Nomi), a company whose technology allows retailers to track the movement of customers within stores.
USCIS To Begin Premium Processing Of H-1B Cap Cases On April 27, 2015 
Littler Mendelson

The United States Citizenship and Immigration Services has announced it will begin premium processing of H-1B cap cases on April 27, 2015.
A taxing problem of Olympic proportions: no copyright in a digital data signal 
Clayton Utz

The Copyright Act does not cover digitally created streams of data representing the sounds and images of the event.
Termination - a shortcut to redundancy?  
Carroll & O'Dea

Redundancy should not be used as a means to avoid claims, as it could give rise to other claims and civil penalties.
How does spousal maintenance operate? 
Watkins Tapsell

Marriage parties have a duty to support and maintain each other as much as possible, even after separation and divorce.
Would your business be lost without you? – Part I  
Watkins Tapsell

It is essential to plan aspects of the business now, to ensure that when you are ready to leave, you maximise profits.
March 2015 quarter CPI figures released 

In this quarterly Alert, Meryl Snow and Craig Willey highlight the key areas of interest for landlords and tenants.
Pre-Emption Group Publishes Revised Statement Of Principles 
Shearman & Sterling LLP

On 12 March 2015, the Pre-Emption Group published a revised statement of principles for the disapplication of the UK’s statutory pre-emption rights.
Regulations Prohibiting Cancellation Schemes Of Arrangement Now In Force 
Shearman & Sterling LLP

On 4 March 2015, regulations were published that amend the UK Companies Act 2006 to prevent takeovers being effected by a cancellation scheme of arrangement.
Small Business, Enterprise And Employment Act 2015 
Shearman & Sterling LLP

On 26 March 2015, the Small Business, Enterprise and Employment Bill received the Royal Assent.
Regulations To Regulate Collaboration Between Indian And Foreign Educational Institutions 
Singh & Associates

The nature of collaboration is also not defined and there appears to be no clarity on the role of the partners and the arrangement of faculty.
New process for offers for red zoned properties in Christchurch 
Duncan Cotterill

The Canterbury Earthquake Recovery Minister has announced that an earthquake Recovery Plan will be developed by CERA.
Maryland Tax Amnesty And Other Highlights From The 2015 Maryland Legislative Session  
Reed Smith

Last week, the Maryland General Assembly wrapped up its 2015 legislative session.
New Reporting Requirements For Employment Intermediaries 
Reed Smith

HM Revenue & Customs (HMRC) continues to strive to reduce the number of workers not subject to PAYE.
More On The Internet Of Things – Connected Cars 
Borden Ladner Gervais LLP

Last month, the BC Freedom of Information and Privacy Association (FIPA) released a report examining the complex telematics systems found in modern cars.
SEC Adopts Final Regulation A+ Rules Ushering In New Era Of Capital Raising 
Kilpatrick Townsend & Stockton LLP

The final rules, often referred to as "Regulation A+," will permit companies to offer and sell up to $50 million of securities in a 12-month period.
Gov. Deal Appoints Georgia House Majority Leader O'Neal As Judge Of Georgia Tax Tribunal 
Kilpatrick Townsend & Stockton LLP

The Georgia Tax Tribunal was created by an act of the Georgia General Assembly during the 2012 legislative session, effective January 1, 2013.
The Supreme Court goes online with anti-monopoly law principles: a review of Qihoo v Tencent: abuse of market dominance case 
King & Wood Mallesons

These principles offer guidance and rules for future anti-monopoly litigation, especially for abuse of market dominance.
Lionel Murphy Memorial Lecture 2015 - Vigilance against Injustice in the Justice System - Part 2 
Carroll & O'Dea

The crucial aspect to the success of any programs is that they are developed in partnership with the local communities.
Lionel Murphy Memorial Lecture 2015 - Vigilance against Injustice in the Justice System - Part 1 
Carroll & O'Dea

This part of the lecture discusses the over-representation of Indigenous Australians in the criminal justice system.
The new untouchables - does adverse action mean that some employees are immune from dismissal? 
Corrs Chambers Westgarth

A well managed, robust decision making process, with a decision made for sound reasons, may withstand legal challenge.
Work Health & Safety - What's News - 14 October 2014 
Holding Redlich

Update on work health and safety matters.
Maryland Passes Bill Protecting Interns From Employment Discrimination  
Proskauer Rose LLP

On April 14, 2015, an act protecting interns in Maryland from employment discrimination officially became law.
H-1B Cap Reached For Fiscal Year 2016 
Fenwick & West LLP

Earlier this month, United States Citizenship and Immigration announced that it will no longer accept H-1B petitions under the fiscal year 2016 cap or the advanced degree exemption.
San Francisco Minimum Wage Increase 
Fenwick & West LLP

On May 1, 2015, the San Francisco minimum wage will increase to $12.25 per hour.
Terminating Employee For Calling Boss A "Nasty Mother F**ker Violated NLRA 
Fenwick & West LLP

Pier Sixty LLC ("Pier Sixty") employee Perez was upset with his supervisor, Bob McSweeney, who he believed treated both he and his coworkers unfairly and in a demeaning manner.
Client Asset Requirements For Investment Firms 
Dillon Eustace

On 2 August 2013, the Central Bank of Ireland ("Central Bank") published Consultation Paper CP 71 ("CP 71") on proposed Client Asset Regulations and Guidance for investment firms...
New CFRA Regulations Provide Clarification On Leaves Of Absence 
Fenwick & West LLP

New California Family Rights Act regulations become effective on July 1, 2015. The regulations provide needed clarification and bring the CFRA more closely in line with the federal Family and Medical Leave Act.
Where Is Turkey In The "Offset"? Current Legal Environment And The Recent Legislation Change 
Serap Zuvin Law Offices

The Turkish Republic currently has two types of offset implementations: military and civil.
Ninth Circuit Reviews Enforceability Of Waiver Of Right To Reemployment 
Fenwick & West LLP

Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers?
Four Due Diligence Issues In Insurance M&A Transactions 
McCarthy Tétrault LLP

Insurance M&A activity, in both the Canadian market and globally, has been on the rise since the 2008 financial crisis, and is expected to continue to increase.
NLRB Quickie Election Rule Will Not Be Halted During Litigation, DC Judge Rules 
Littler Mendelson

A federal judge in the District of Columbia refused to enjoin the implementation of the National Labor Relations Board's new expedited election rule while the lawsuit to revoke the rule is pending.
Client Asset Requirements For Fund Service Providers 
Dillon Eustace

On 2 August 2013, the Central Bank of Ireland ("Central Bank") published Consultation Paper CP 71 ("CP 71") on proposed Client Asset Regulations and Guidance for investment firms...
SCC Monitor Post (24/04/2015)  
McCarthy Tétrault LLP

Since our last post, the Supreme Court has released a number of significant decisions, including a decision about the standard of review applicable to statutory appeals and the test for civil contempt.
Church Waives All Appellate Court Issues By Failing To File Post Trial Motion 
Fox Rothschild LLP

Today the Pa Commonwealth Court held that New Life Church waived all issues on appeal by failing to file post-trial motions.
Cross-Examination Of Plaintiff's Lost-Profits Damages Expert: Part 2 

Part 2 discusses two other generally-accepted methodologies and identifies the various areas for cross-examination of plaintiff's expert.
Exemptions To Fund Disclosure Requirements Under The Collective Investment Schemes Act 
Webber Wentzel

The Disclosure Requirements were published by the Registrar on 8 August 2014 and will take effect on 1 May 2015.
Guernsey Finance Appoints International Business Development Director 

Guernsey Finance has appointed Kate Clouston as its first Director of International Business Development.
FY 2016 H-1B Cap: What Are The Odds?  
Fox Rothschild LLP

According to my very basic calculations, I estimated that the odds of receiving one of the limited FY 2015 H-1B numbers was about 43% under the regular cap, with slightly better chances for those with a Master’s or higher degree.
District Of Columbia Circuit Provides Good News And Bad News In A Work Product Case 
McGuireWoods LLP

Ironically, federal courts applying the federal work product rule take widely varying positions on a number of key elements, including the protection's duration...
LS LexJus Sinacta

Con ordinanza del 3 novembre 2014, il Tribunale di Bologna, chiamato a pronunciarsi sul ricorso cautelare promosso, ai sensi degli articoli 669 bis e seguenti e 671 c.p.c., dal Fallimento Aeradria S.p.A. nei confronti degli amministratori e sindaci della società di gestione aeroportuale, Aeradria S.p.A., è stato investito della questione relativa alla sussistenza della giurisdizione del giudice ordinario ovvero del giudice contabile nelle ipotesi di responsabilità per mala gestio di membri dell’
New Consumer Goods And Services Industry Code Of Conduct Released  
Webber Wentzel

A new Code of Conduct (Code) for the Consumer Goods and Services (CGS) industry has been released and takes effect on 30 April.
TTAB Rulings Held Preclusive in Federal Court - April 16, 2015 
Venable LLP

This ruling stands in direct opposition to the majority of recent federal precedent, and will dramatically increase the import of TTAB rulings in the coming years.
IP Industry Summary: Supreme Court Determines Preclusive Effect To Be Given To TTAB Decisions 
Kilpatrick Townsend & Stockton LLP

The Supreme Court recently had occasion to determine whether Trademark Trial and Appeal Board decisions can have preclusive effect in federal district court proceedings in B&B Hardware, Inc. v. Hargis Industries, Inc.
Liquidators vs Home Owners Associations: Title Deed Conditions Are Binding On Liquidators 
DLA Cliffe Dekker Hofmeyr

In two recent cases decided in the Supreme Court of Appeal (SCA), namely, Willow Waters Homeowners Association (Pty) Limited v KOKA NO and others...
New York Department Of Financial Services Report Identifies Bank Hackers’ "Backdoor Entrance," Stresses Vendor Diligence And Contract Negotiation 
Kilpatrick Townsend & Stockton LLP

On April 9, 2015, the New York Department of Financial Services issued a report titled "Update on Cyber Security in the Banking Sector: Third Party Service Providers".
Rule Changes For Post Grant Practice 
Kilpatrick Townsend & Stockton LLP

The Patent Office has decided to make several rule changes that will be unveiled in three phases, as announced by Commissioner Michele Lee said in a March 27, 2015 blog post:
Have Employees Who Wish To Use Traditional Healer Certificates For Sick Leave Been Thrown A Bone? 
DLA Cliffe Dekker Hofmeyr

Employees have not been permitted to provide traditional healers' certificates as proof of incapacity after a period of absenteeism from the workplace.
Alternative Lenders: Opportunity Or Threat? 
McGuireWoods LLP

In this April 21 article they wrote for IFLR, partner Marc Isaacs and associate Alan Holliday discuss the alternative credit providers that are rising to fill the market gap created by the retrenchment of traditional banks.
Consumer Confidence Gathers Pace Across Yorkshire And Humber 

Consumer confidence around household disposable income was at its highest in over three years in Q1 2015, according to our latest Consumer Tracker.
Cross-Examination Of Plaintiff's Lost-Profits Damages Expert: Part 1 

This is Part 1 of a two-part article on the cross-examination of a plaintiff’s damages expert.
Friendship, Commerce And Navigation Treaties And Title VII 
Fisher & Phillips LLP

On April 15, 2015, former employee Steven Heldt sued Tata Consultancy Services, Ltd. in United States District Court for the Northern District of California for discrimination.
Amendment No. 8 To The Employment (Jersey) Law 2003 
Carey Olsen

On 24 February 2015, the States of Jersey approved the Appointed Day act for Amendment No.8 to the Employment (Jersey) Law 2003 ("Amendment No.8").
Will Alabama Honor Your Choice Of Law Provisions? 
Bradley Arant Boult Cummings LLP

Amendment 884 calls into question the validity and enforceability of the choice of law provisions in contracts brought before Alabama courts.
Defamation In The Workplace: Damages For Insulting Language 
DLA Cliffe Dekker Hofmeyr

The South Gauteng High Court awarded a human resource manager R50 000 in damages, plus legal costs, after she was called a 'liar' and an 'unintelligent white girl'.
A Change For The Better? The Arguments For And Against A Venture Exchange  
Sheppard Mullin Richter & Hampton

With a total of 284 U.S. operating company IPOs in 2014, the U.S. securities market might appear to be on an upswing – after all, this was its biggest year since the dot com era ended in 2000.
Eleventh Circuit Affirms FTC Finding That Rebate Program Served To Unlawfully Maintain Monopoly Power 
Sheppard Mullin Richter & Hampton

The Eleventh Circuit recently affirmed a Federal Trade Commission finding that a manufacturer’s rebate program requiring exclusivity from its distributors was an unlawful maintenance of monopoly power under Section 5 of the FTC Act.
Rail Franchise For Sale – One Previous Owner 
Clyde & Co

Purchasing a business can be done in two ways.
Next Step In The Creation Of A Capital Markets Union: Public Consultations Regarding The Eu Regulatory Framework Of The Financial Sector 

the European Commission issued on the 18th of February 2015 a Green Paper on the subject marking the beginning of a three month consultation...
Recent NY State Decision: Corporation’s License Fee To Be Recomputed Based On The Rate Applicable To Par Value Stock 
Morrison & Foerster LLP

The New York State Tax Appeals Tribunal reversed the determination of an Administrative Law Judge and held that the issued capital stock of frog design, inc., a California corporation, had a par value of $1 per share.
The Effects of Revision Studies Regarding Motor Vehicles Communique On Aftersale Markets 

Following the developments in the EU and the publication of the Motor Vehicles Sector Inquiry Report, the Turkish Competition Authority (TCA) initiated revision studies concerning the Block Exemption Communique on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector Communique ..
Boarding The Brewery Bandwagon – First On Tap: Brewery Permit 
Reinhart Boerner Van Deuren S.C.

One of the essential steps to starting your brewery is obtaining the appropriate permits. Brewers are regulated under both state and federal laws.
HHS OIG Issues Guidance To Healthcare Boards Regarding Oversight  
McGuireWoods LLP

On April 20, 2015, the United States Department of Health and Human Services Office of the Inspector General (OIG) issued guidance aimed at the governing boards of healthcare entities.
Court Holds LinkedIn Reference Searches Are Not "Consumer Reports" Under The Fair Credit Reporting Act 
Troutman Sanders LLP

In Sweet v. LinkedIn Corporation, a number of job applicants sued the social networking service for alleged violations of the Fair Credit Reporting Act based on LinkedIn’s "Reference Search" function.
Capital Gains Tax Deferred 
DLA Cliffe Dekker Hofmeyr

Put simply, capital gains tax (CGT) is levied on the capital gain arising on the disposal of an asset, that is, on the difference between the base cost of the asset and the proceeds accruing on disposal.
Another New Arrangement From EPA Designed To Settle Some Older Scores 
Barnes & Thornburg

When a company or other potentially responsible party (PRP) takes on a hazardous waste cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)...
NY Department Of Financial Services: Check Your Vendors’ Cybersecurity 
Morrison & Foerster LLP

According to a recent report released by the New York Department of Financial Services (NYDFS), the financial industry has a long way to go in overseeing the cybersecurity capabilities...
CMS Proposes Mental Health Parity Rules For Medicaid Managed Care/Alternative Benefit Plans, CHIP Coverage 
Reed Smith

The proposed rule was published on April 10, 2015, and comments are due by June 9, 2015.
Rethinking Retirement – When Must Employees Retire? 
DLA Cliffe Dekker Hofmeyr

The question often arises as to when employees should retire and when employers can compel such employees to retire.
Congressional Health Policy Hearings - April 2015 
Reed Smith

Congressional committees have held a number of hearings recently on health policy issues, include the following...
Property Developers: Have You Registered As A Home Builder?  
DLA Cliffe Dekker Hofmeyr

Property developers should not be lulled into a false sense of security when subcontracting with construction companies...
CMS Issues First Hospital Compare Star Ratings  
Reed Smith

CMS is now posting star ratings on Hospital Compare to help consumers assess hospital performance related to patient experience of care.
House Approves "Ensuring Patient Access And Effective Drug Enforcement Act" 
Reed Smith

On April 21, 2015, the House of Representatives approved H.R. 471, the Ensuring Patient Access and Effective Drug Enforcement Act of 2015.
CMS Proposes Extension Of Enhanced Funding For Certain Medicaid Eligibility & Enrollment Systems 
Reed Smith

On April 16, 2015, CMS published a proposed rule that would revise the definition of Medicaid mechanized claims processing and information retrieval systems to include Medicaid eligibility and enrollment systems.
Cyber Insurance: A Market Matures  
KPMG, South Africa

Insurers grow their cyber crime insurance sales, but assessing and managing cyber risk poses challenges.
Outsourcing, Procurement And Cybersecurity  
Borden Ladner Gervais LLP

Cybersecurity is rarely a core business — but it is a requirement of doing business. Organizations seeking to establish and maintain systems that are secure against cyberattack must enlist the skills and knowledge of third-party providers.
How Much Cybersecurity Is Enough? 
Borden Ladner Gervais LLP

How much cybersecurity is enough? This question is as legal as it is technical. In legal terms, the question is answered by the applicable standard of care.
Formulation Patent Found Not To Be Infringed As A Redacted Excipient Was Not A "Pentahydric Or Hexahydric Alcohol" (Intellectual Property Weekly Abstracts Bulletin (Week Of April 20, 2015) 
Borden Ladner Gervais LLP

In a decision that turned on the facts, the Court construed the term "pentahydric or hexahydric alcohol" to mean alcohols that contain in total five or six hydroxyl groups.
The Macron Bill About To Introduce A Right To Remove Shareholders Of Distressed Companies: A New Threat For Investors Or New Opportunities For Creditors Of French Companies In Need Of Turnaround? 
Reed Smith

In its 2014 insolvency reforms, the French Government contemplated allowing a French Commercial Court, faced with a company under judicial reorganisation, to remove that company’s shareholders.
The Business And Economic Impact Of Ebola 
KPMG, South Africa

How does Ebola affect business and the economy in Africa?
Curing The Ails Of Investment In Healthcare In Africa  
KPMG, South Africa

Head of Healthcare for KPMG Africa, Anuschka Coovadia's role has been to support the emergence of healthcare organisations
Even "Inspecting" Equipment Is "Working On It": Employer Guilty Of OHSA Charge Where Employees Had Not Even Started Maintenance Work 
Dentons (Canada)

A maintenance electrician had "worked on" a stuck shipping door when he simply "inspected" it, even though he had not actually performed maintenance on it, a court has ruled. He was injured when the door fell on him.
Cybersecurity In M&A Transactions 
Borden Ladner Gervais LLP

Cybersecurity in the context of M&A is about much more than keeping the process secure - cybersecurity is also a valuation issue.
Ontario’s 2015 Budget: Pension Reforms Of The Past, Present And Future 
McCarthy Tétrault LLP

On April 23, 2015, Minister of Finance Charles Sousa tabled Ontario’s 2015 Budget: Building Ontario Up.
SEC Rules Expand Access To Capital Via Larger Private Offerings (Regulation A+) 
Burns & Levinson LLP

Under the new two-tier system, companies will be able to offer up to $20 million worth of securities to investors in Tier 1 offerings without having to provide audited financial statements or ongoing reports to the SEC.
Cyprus' New Double Taxation Agreement With Bahrain 
Andreas Neocleous & Co LLC

On March 17, 2015, Cyprus signed a new double taxation agreement with Bahrain. Like all of Cyprus's recent DTAs, it closely follows the 2010 OECD Model Tax Convention.
Massachusetts Courts Permit No Tipping Policy And Limit The Scope Of The Restaurant Exemption 
Littler Mendelson

Massachusetts courts recently clarified two issues of great interest to employers in the hospitality and restaurant industries.
Cutting Off The Counterfeiter's Lifeline 
Venable LLP

When it comes to counterfeiters, I try to be the leach that sucks their blood dry.
The 4 Biggest HR Challenges For Startup Companies 
Fisher & Phillips LLP

It's no secret that the startup community is booming in Arizona.
Is Legislation Finally Catching Up With The Digital Revolution? 
Charles Russell Speechlys LLP

Put simply, cable operators were not having to pay copyright fees nor obtain consent from public service broadcasters ("PSBs") for content retransmitted by cable; a winning position for cable operators.
Back To The (Same) Drawing Board 
Charles Russell Speechlys LLP

A "back-to-back" agreement is a contract where two parties enter into an agreement, and then one of those two parties subcontracts some or all of its obligations to a third party...
New Sec Rules Allow Private Companies Access To Larger Amounts Of Capital (Regulation A+) 
Burns & Levinson LLP

Many companies should be able to take advantage of new SEC rules that will permit them to sell up to $50 million of securities to investors in a 12-month period without "going public."
Force Majeure And Ebola - Be Specific 
Charles Russell Speechlys LLP

Force majeure, in general terms, is an event that is out of the control of contracting parties which releases the parties from their contractual obligations when the event occurs...
Financial Regulatory Developments (FReD) - April 24, 2015 

FSB reports on work plan: FSB has provided an update for the G20 finance ministers on the progress of its work plan.
Le Budget Fédéral 2015 – Un Budget À Saveur Électorale 
Borden Ladner Gervais LLP

L’honorable Joe Oliver, ministre des Finances, a déposé le budget du gouvernement fédéral pour 2015 (le « budget 2015 ») le 21 avril 2015 (le « jour du dépôt du budget »).
SEC Announces Dodd-Frank Whistleblower Award For Compliance Professional 
Ropes & Gray LLP

On Wednesday, April 22nd, the Securities and Exchange Commission announced that it had awarded approximately $1.5 million to a whistleblower who had served as a compliance officer of the company about which he blew the whistle.
The Kris Bryant Problem And How To Fix It 
Fox Rothschild LLP

On March 30th, the Chicago Cubs assigned wunderkind slugger Kris Bryant to its minor league affiliate in Iowa, rather than bringing him north from spring training for MLB’s opening day.
FDA Releases Draft Guidance On Acceptance Of Medical Device Clinical Data From Studies Conducted Abroad 
Reed Smith

As noted in the draft guidance, the number of IDE applications and submissions for marketing authorization supported by OUS clinical trials has increased in recent years and will likely continue to increase in the future.
Hold Your Fire: Tennessee Bars Employers From Terminating Employees For Complying With ‘Guns-In-Trunks’ 
Bradley Arant Boult Cummings LLP

Earlier this month, Tennessee Governor Bill Haslam signed a law prohibiting employers from firing employees for complying with the state’s "guns-in-trunks" statute.
Alberta Court Warns: Parties Ignore Arbitration Agreements At Their Peril 
Borden Ladner Gervais LLP

A recent decision of an Alberta court in Lafarge Canada Inc. v Edmonton (City) confirms that a party choosing to commence an action in the face of a valid agreement to arbitrate runs the risk of being left without a remedy.

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