Mondaq Latest Added Articles

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The Health and Safety at Work Act – now passed 
Duncan Cotterill

The HSW Act protects workers and others from harm to their health, safety and welfare by eliminating or minimising risks.
Government tests market appetite for social housing 
Chapman Tripp

As a market sounding exercise only, the Government released information memoranda relating to social housing transfers.
The FMA on enforcement – out with the old, in with the new 
Chapman Tripp

The FMA report shows a regulator moving from a "scrutinise and prosecute" model to early engagement and intervention.
Government response to 457 visa reform recommendations 
Eventus Corporate Immigration

The government has released its response to the independent review into the 457 visa programme, Robust New Foundations.
Immigration Update: March 2015 
Eventus Corporate Immigration

The main message for business is that the 457 visa programme remains in flux and changes are likely over the next year.
Business Sponsors: Notification periods increased to 28 days 
Eventus Corporate Immigration

The Migration Regulations have been amended to allow sponsors 28 days in which to make notifications to the Department.
Changes to 457 visa programme introduced 
Eventus Corporate Immigration

The reforms are only minor in nature and the overall impact is likely to be minimal for most users of the programme.
Anti-Corruption Developments In Mexico 
Basham, Ringe y Correa, S.C.

2013 was a crucial year for Mexico. With the return to power of the Partido Revolucionario Institucional (PRI), through the election of President Enrique Peña Nieto, a series of profound reforms were enacted in a number of sectors including telecommunications, energy, education and labour.
The Challenges Of Anti-Money Laundering Legislation In Mexico 
Basham, Ringe y Correa, S.C.

Having received international praise for their success in implementing banking controls, Mexico's legislators turned their attention to anti-money laundering in 2012.
International Transactions And Cost-Sharing Limitations In Mexico 
Basham, Ringe y Correa, S.C.

International worldwide transactions in Mexico face a weakness as a result of an old and outdated provision which disallows for income tax purposes, the deduction of payments made abroad on a prorated basis with other parties that are not subject to Mexican income tax, such as foreign residents with no permanent establishment in Mexico.
FDA Issues New Draft Guidance And Related Proposed Rule On Naming Biological Products  
Reed Smith

On August 28, 2015 the federal Food and Drug Administration ("FDA") issued two important policies regarding naming biological products, including biosimilars.
340B Drug Pricing Program Omnibus Guidance Notice Published By Health Services Resources Administration 
Reed Smith

On August 28, 2015, the Health Services Resources Administration ("HRSA") published its 340B Drug Pricing Program Omnibus Guidance Notice in the Federal Register.
The American Bar Association Joins Growing Chorus Of Groups Raising Concerns About Fair Pay And Safe Workplaces Regulations 
Proskauer Rose LLP

On August 26, 2015, the Section of Public Contract Law of the American Bar Association ("ABA") submitted public comments to the General Services Administration ("GSA") and the U.S. Department of Labor ("DOL") on their proposed regulations and guidance implementing the Fair Pay and Safe Workplaces Executive Order (the "Order").
DOL Won't Extend 60-Day Comment Period on Proposed Revisions to "White Collar" Exemptions 
Proskauer Rose LLP

.S. Department of Labor Wage and Hour Division chief David Weil reportedly told Congress yesterday that the agency won't extend the 60-day public comment period for its proposed revisions to the FLSA's "white collar" overtime exemptions
A Review of Key Cases and New Laws Affecting Employers (US Employment Litigation Round-Up for August 2015) 
Mayer Brown

US Securities and Exchange Commission Decrees that Internal Whistleblowers are Afforded Full Protection Under Dodd-Frank
New Interim Cyber Rules Expand Obligations Of DoD Contractors  
Mayer Brown

A few days ago, on August 26, DoD issued new interim rules amending the Defense Federal Acquisition Regulations (DFARS) with respect to "network penetration reporting and contracting for cloud services."
What The Ashley Madison Hack Tells Us About M&A Security Risk  
Norton Rose Fulbright Canada LLP

The online service Ashley Madison is reeling from a catastrophic data breach that resulted in the public exposure of its customers' sensitive private information.
Making SBA Loans Safer For Franchisees…By Mandating FPR's? 
Fox Rothschild LLP

Each time franchisors update their franchise disclosure documents ("FDD"), they have a choice: whether or not to include financial performance representations ("FPR").
Appraisal Institute Adopts Valuers Code Of Professional Ethics 
Fox Rothschild LLP

The Appraisal Institute Board of Directors at its July 30-31 meeting in Dallas adopted the proposed Valuers Code of Professional Ethics as a model code...
BE-180: Another BEA Benchmark Survey for Financial Services Providers, Including Managers of Hedge, Private Equity and Other Private Funds and Separate Accounts 
Proskauer Rose LLP

The U.S. Commerce Department's Bureau of Economic Analysis (the "BEA") recently released the final version of the BE-180 report, a five-year benchmark survey that collects data on transactions between U.S. persons that are financial services providers and non-U.S. persons.
L-1B Specialized Knowledge Visa Category Guidance Goes into Effect Today: Brave New World? 
Proskauer Rose LLP

While the L-1B Adjudications Policy Memorandum published by United States Citizenship and Immigration Services on August 17, 2015, effective as of August 31, 2015, has many positive components, petitioners and practitioners are much concerned.
Six Tips For Physicians To Protect Patient Data On The Internet  
Fox Rothschild LLP

Our partner Elizabeth Litten and I were once again quoted by our good friend Marla Durben Hirsch in her recent articles in Medical Practice Compliance Alert...
Tax, Legal And Operational Advantages Of The ICAV Structure For Hedge Funds 
Maples and Calder

The Irish Collective Asset-management Vehicles Act (ICAV Act) came into operation on 12 March 2015 and allows for the creation of an innovative, tax-efficient corporate structure for Irish investment funds which sits alongside existing Irish fund structures.
NLRB Expands Joint-Employer Standard: Exercising Direct Control No Longer Required  
Reed Smith

The National Labor Relations Board ("NLRB") overturned decades-old precedent by vastly expanding its definition of "joint employer," upending established federal labor law and creating tremendous uncertainty for companies.
Trump Criticized Over Eminent Domain Use 
Fox Rothschild LLP

There have been a number of articles written recently regarding presidential candidate Donald Trump's use of eminent domain to acquire properties.
Homeowner V. Appraiser Value Opinions Widens 
Fox Rothschild LLP

The gap between homeowner and appraiser opinions of home values has nearly doubled since May, according to mortgage lender Quicken Loans.
Reed Smith Instrumental In New Proposed Regulations Concerning The Sales Taxation Of Shipping Charges In Illinois  
Reed Smith

On August 28, 2015, the Illinois Department of Revenue's (the "Department") proposed regulations clarifying the Department's position on the sales taxation of shipping charges were posted to the Illinois Register, commencing a 45-day public comment period.
CMS Posts October 2015 Medicare Part B Drug Payment Update 
Reed Smith

CMS has posted the October 2015 update to the Medicare Part B drug average sales price (ASP) files, containing the payment rates that will apply for the fourth quarter of 2015.
CMS To Host Webinar On Medicaid HCBS Quality Measures (Sept. 9)  
Reed Smith

On September 9, 2015, CMS is hosting a webinar on the development of quality measures for Medicaid fee-for-service beneficiaries using home- and community-based services (HCBS).
OMB Reviewing CMS Proposed Rule on PAMA Clinical Lab Test Payment Policy  
Reed Smith

CMS is finally taking steps to implement the Medicare clinical laboratory payment reforms mandated by the Protecting Access to Medicare Act of 2014 (PAMA).
Family Ties – Ontario Court finds that Separate Companies are a Common Employer  
Norton Rose Fulbright Canada LLP

In a recent case, a 66-year old employee was dismissed from his employment. For a total of nine years, this employee held the same job title, performed the same responsibilities, and was remunerated in the same way.
Judge Andrews Issues Markman Opinion in Infringement Action Construing Seven Disputed Terms in Patents-in-Suit  
Norton Rose Fulbright Canada LLP

A corollary to the trend of rising shareholder activism is the increasing frequency with which target companies are facing multiple activist campaigns.
Delaware Passes Children's Bill Of Rights 
Fox Rothschild LLP

Leslie Spoltore in our Wilmington office recently wrote about Delaware's passing a children's "Bill of Rights" into law.
Santa Fe Gold Corp. Files for Bankruptcy 
Fox Rothschild LLP

On August 26, 2015, Santa Fe Gold Corporation and three of its subsidiaries, filed voluntary petitions under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (the "Court"). The case no. is 15-11761 and is pending before the Honorable Mary F. Walrath.
Top 5 Interviewer Mistakes  
Fox Rothschild LLP

I see a lot of posts focusing on mistakes that applicants make in an interview, but in my line of work, I see the consequences of what happens when employers make mistakes in interviews
Judge Silverstein's First Published Opinion – Scarborough-St. James Corporation  
Fox Rothschild LLP

On August 18, 2015, Judge Laurie Selber Silverstein of the Delaware Bankruptcy Court issued her first written opinion in the bankruptcy case Scarborough-St. James Corporation.
Judge Andrews Issues Markman Opinion In Infringement Action Construing Seven Disputed Terms In Patents-In-Suit 
Fox Rothschild LLP

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Celebrate International, LLC v. Leapfrog Enterprises, et al., Civil Action No. 14-261-RGA (D.Del., August 28, 2015), the Court issued its Markman opinion...
New Jersey Supreme Court Defines Family Part's Role in Applications for "Special Immigrant Juvenile" Status  
Fox Rothschild LLP

In the consolidated appeals of H.S.P. v. MJ.K. and K.G. v. M.S. (Deceased) , the New Jersey Supreme Court examined the role of the Family Part of our state court with regard to the factual findings necessary for a non-citizen child to apply to the federal government for "special immigrant juvenile" (SIJ) status.
There Are Rules In The Family Part? What You Talkin' About Willis? 
Fox Rothschild LLP

Oftentimes, and with good reason, attorneys proclaim that family law litigation is akin to litigating in the proverbial "wild west", where anything goes and rules mean little more to practicing attorneys than the paper on which they are written.
NLRB and Joint Employer Redux (or, We're Not Too Proud to Toot Our Own Horn!)  
Fox Rothschild LLP

As a short follow up to last week's post on the NLRB's Browning-Ferris decision redefining the Joint Employer Test, I just feel the need to mention my partner Liz Sigety contributed her insights on the potential impact to franchisees to an article from the Franchise Times
Update On Pre-Judgment Interest Calculations In Motor Vehicle Accidents 
Lerners

On January 1, 2015, the Insurance Act was amended to include a new provision regarding pre-judgment interest.
Turkey Strengthens Bank Liquidity Rules To Increase Resilience During Short-Term Systemic Shocks 
Baker & McKenzie / Esin Attorney Partnership

On August 20, 2015, the Banking Regulation and Supervision Authority (the "BRSA") updated the Regulation on Liquidity Coverage Ratios, clarifying the rules for calculating liquidity coverage ratios of banks in Turkey.
Will Creditors Join Hands With 50 Cent And Sing "Kumbaya"?  
Fox Rothschild LLP

It's too early to tell whether Curtis James Jackson III, better known as rapper 50 Cent ("Jackson"), will be able to come to a consensual Chapter 11 plan for repayment with creditors.
Who Is More Likely To File For Divorce?  
Fox Rothschild LLP

A recent article on MSN.com highlighted a survey titled How Couples Meet and Stay Together.
No Possibility To Change The Qualification Of Revenue Upon Discharge Of An Obligation 
Dentons

In an award of 29 July 2015, the Province Administrative Court in Warsaw ("WSA") held that the company does not have the possibility to make an adjustment of revenue that was previously ascertained as a result of an inspection.
Social Media Dismissal - Case Update 
Wedlake Bell

There has been a recent, and rather interesting, decision involving a dismissal for gross misconduct due to social media usage.
Remuneration In Consideration Of Loans Extended And Calculated As A Percentage Of Profits Achieved Is Not Classifiable As Tax Deductible Cost For The Remuneration Paying Company 
Dentons

The Company (the Borrower) entered into a loan agreement with a foreign entity (the Lender) for the sole purpose of financing a development project.
VAT Tax Point For Construction And Construction-Assembling Services 
Dentons

In the case analyzed by the WSA, a company was performing construction and construction-assembling services under contracts executed on the basis of FIDIC Terms and Conditions.
Civil Law Transactions Tax Consequences Of The Sale Of Receivables Due From A Polish Company By A Foreign Company To A Polish Taxpayer 
Dentons

The commented judgment is particularly important for entrepreneurs acquiring receivables due from Polish entities.
MITA Publishes Study On Efficiency Of eGovernment 
CSB Advocates

The Malta Information Technology Agency has conducted a research study as part of an EU-funded project...
No Breaks For Kit-Kat 
CSB Advocates

On the 11th of June, 2015, it was reported that the Advocate General (AG) of the Court of Justice of the European Union has advised that Nestlé's application for the three dimensional 'Kit Kat' shape is not compliant with EU law.
Filipe Azoia Is Among The Best Lawyers For Employment Law In The Ranking By The International Directory Who's Who Legal 2015 
AAMM, Sociedade de Advogados, RL

Filipe Azoia, one of the law firm AAMM's founding partners, has been named one of Portugal's best lawyers for employment law in the ranking by the international directory Who's Who Legal in the area of Pensions & Benefits 2015.
Principles Of Revenue And Tax Deductible Costs Adjustment Made In Connection With Issued/Received Correction Invoices 
Dentons

Provisions of the Personal Income Tax Act and Corporate Income Tax Act do not specify when the taxpayer should adjust revenue or costs in connection with received or issued correction invoices.
Managing A Foreign Fund In A Manner That Differs From The Polish Model Does Not Preclude The Right To A CIT Exemption In Poland For The Income Of A Foreign Investment Fund 
Dentons

A private investment fund headquartered in Cyprus (the "Fund") applied for a tax ruling regarding the right to a CIT exemption.
Entrepreneurs' Relief - August 2015 
Smith & Williamson

Entrepreneurs' relief (ER) can reduce the rate of UK capital gains tax (CGT) to 10% on some disposals.
Who's Who Legal Recognises Two PLMJ Partners In The Guide WWL: Real Estate 2015 
PLMJ

In its WWL: Real Estate 2015 guide, Who's Who has recognised two PLMJ partners who specialise in real estate law, Sofia Gomes da Costa and Rita Alarcão Júdice, as two of the best real estate lawyers in Portugal
DoD's New Cybersecurity And Cloud Standards And Reporting Requirements 
Holland & Knight

The Department of Defense (DoD) released interim rules implementing provisions of the 2013 and 2015 National Defense Authorization Acts.
Play Ball!: Forming Winning Project Delivery Teams  
Fox Rothschild LLP

Last week, I once again had the pleasure of presenting at the Design-Build Institute of America's Federal Project Delivery Symposium in Washington, DC.
It's Back To The Future With The NLRB's New "Joint Employer" Standard 
Dentons (US)

On August 27, 2015, the US National Labor Relations Board (NLRB or Board) issued its long awaited decision in Browning-Ferris Industries of California and, not surprisingly, returned employers to a pre-1984 world.
The Court Of Appeal Rejects Unison's Appeal On Tribunal Fees 
Clyde & Co

The trade union Unison has failed in its attempt to have the Tribunal fees regime (introduced in July 2013) declared unlawful.
PECHU SANDWICH: Lettuce, Tomato, Cheese, Chicken – Hold The © And ®  
Stites & Harbison PLLC

I read an article about a trademark/copyright lawsuit in Puerto Rico over the "Pechu Sandwich" which is a sandwich sold by Church's Chicken on the island.
First Ruling On "Fair Value" In The Context Of Cayman Companies Mergers 
Maples and Calder

A group of shareholders had rejected an offer of US$10 per share and exercised their dissenting rights.
Taxation Of Financial Income And Abuses Committed By The Government 
Demarest

After years of poor government management, the price to pay is huge.
The Purpose Of PELP: Protecting New Yorkers On The Edge Of Poverty From Losing Assets – And Making Them Feel Valued Along The Way 
Fox Rothschild LLP

Fox Rothschild Partner Bridget La Rosa is a Planning and Estates Law Project (PELP) Volunteer. PELP is a clinic that provides legal services for low-income clients who might not otherwise be able to afford legal advice.
The Statutory Tort Of Breach Of Privacy 
Lawson Lundell LLP

Privacy is important. It is a matter of much current debate as changes in technology and the law arguably makes it more difficult to maintain and protect.
Corporate Director's Breach Of Fiduciary Duty Not Dischargeable In Bankruptcy  
Stoll Keenon Ogden PLLC

Kaufman, while serving apparently as an officer/director, of Cornerstone, violated his fiduciary duties thereto in assisting a former employee to compete with Cornerstone.
Too Close For Comfort? NLRB Departs From Long Standing Joint Employer Standard  
Proskauer Rose LLP

We will, of course, be providing further detailed analysis and guidance on the sweeping implications of this new standard in the days and weeks to come.
Staffing Your Estate Plan  
Burns & Levinson LLP

A good estate plan can significantly reduce taxes, streamline transfers of assets after your death, sidestep costly public probate proceedings and minimize family squabbles over inheritance.
Should Employment Lawyers Advise Clients On Workplace Violence Issues?  
Fox Rothschild LLP

If you advise employers, then you're probably used to giving advice that derives more from good HR practices than from what the law requires.
Employer Breaches Procedural But Not Substantive Component Of Duty To Accommodate  
McMillan LLP

It is a foundational principle of human rights law that employers have a duty to accommodate certain protected characteristics of their employees to the point of undue hardship.
NLRB's "Refined" Joint-Employer Test: What Is "Indirect" Control? UPDATED  
Fox Rothschild LLP

For those wanting more information on yesterday's NLRB ruling in Browning-Ferris Industries, 362 NLRB No 186, please see the Firm's Labor & Employment Alert that was issued this morning.
Third Circuit Says ERISA Administrative Appeal Denial Letters Must State Plan-Imposed Time Limits  
Proskauer Rose LLP

Given that three circuits already have ruled consistently on these issues, plan fiduciaries should make sure that administrative appeal denial letters specifically set forth plan-imposed time limits.
New Residence & Visa Permit Programme 
Malta Sotheby's International Realty

The new residence and Visa permit programme for foreign investors resident outside the EU was recently launched.
Investment In Structured Financial Instruments (SFIs) In Brazil 
Walter Stuber Consultoria Jurídica

On August 25, 2015, the Supervision of Relations with Institutional Investors (Superintendência de Relações com Investidores Institucionais – SIN) of the Brazilian Securities and Exchange Commission
Changes In The Labour Law 
Schoenherr Attorneys at Law

On 21 August 2015 an act amending the Polish Labour Code was published in the Journal of Laws.
NLRB's "Refined" Joint-Employer Test: What Is "Indirect" Control?  
Fox Rothschild LLP

Today's post comes to us courtesy of Thomas Basta, an associate in the Labor and Employment department...
Cayman Companies Law Amendment Refines Notification And Penalties Regime 
Maples and Calder

The Companies (Amendment) Law 2015, which amends sections 55 and 56 of the Companies Law (2013 Revision) (the "Law"), was recently passed by the Cayman Islands Legislative Assembly.
2015-2018 Pharmaceutical Strategy And Action Plan Announced By Ministry Of Science, Industry And Technology 
Moroglu Arseven

The Action Plan is limited to pharmaceuticals for human use and sets goals for the period to support the local pharmaceutical sector to become more competitive globally.
Comments Sought On Draft Communiqué For Electronic Notification Of Documents Issued By Tax Authorities 
Moroglu Arseven

After making an Application, taxpayers will receive a sealed envelope containing an Internet Tax Office user code, a password, and code.
Standard Terms Practice In Turkey: The High Court of Appeals Interprets The General Transaction Terms Articles Of The Turkish Code Of Obligations 
ELIG, Attorneys-at-Law

The corporate life in present conditions requires a precautional approach and a precise predictability so that the main idea of business, making money, is maximized.
Rajinikanth Re-Mouldes ‘Personality Rights' After Eleven Years 
LexOrbis

Newspaper columns were overflowing on the matter when the Demi-God of Kollywood, Rajinikanth filed a petition against Mumbai-based Varsha Production House for personality right violation.
Banking On Exclusive Tie-Ups: Distribution Channels Of Insurance Joint Ventures 
Khaitan & Co

One of the most debated issues in the insurance sector is whether there should be regulatory reform of existing insurance distribution channels.
How long does your business need to retain documents? 
Colin Biggers & Paisley

Different rules apply to different types of documents, and the length of time needed depends on what the documents are.
Turkey Targets Electricity Generation And Trading Investments Abroad 
Baker & McKenzie / Esin Attorney Partnership

On August 26, 2015, the Council of Ministers authorized EUAS(Elektrik Üretim Anonim Şirketi, EÜAŞ), the Turkish state-owned electricity generation company, to establish an overseas entity ("EUAS HoldCo") to invest in electricity generation and trade and waste management abroad.
What Did You Say Two Years Ago About Your Employer? Can't Remember – But I Bet Facebook Can If You Posted It! 
MacRoberts

An employee found this out the hard way in the recent case of British Waterways Board v Smith UKEAT/0004/15.
The NLRB's Browning-Ferris Industries Decision: The Implications For Nonprofits As "Joint Employers" 
Venable LLP

The case involved workers at BFI's Newby Island recycling facility. BFI employed approximately 60 workers at the facility. The BFI employees worked outside the facility, preparing items for sorting within it.
Negotiating Online Services Terms With Microsoft 
Scott & Scott LLP

Microsoft's 365 and Azure offerings are very compelling to prospective business purchasers. Why not ask the publisher of the software to host your applications in a secure cloud environment?
Fair Work Commission hands down first formal stop bullying order 
Colin Biggers & Paisley

Employers should ensure that their anti-bullying policies, procedures and training are current, appropriate and robust,.
Cyprus Tax Facts 2015 
Deloitte Cyprus

Deloitte's annual Cyprus Tax Facts is part of our firm's endeavour to provide comprehensive and up to date information to taxpayers.
'Sophisticated? Maybe.' Says TTAB  
Brinks Gilson & Lione

In determining whether a trademark can be registered, the foundational question before the U.S. Patent and Trademark Office's (USPTO) examiner is whether an applied-for mark is likely to cause confusion in the marketplace.
Private Writings And Recent Court Judgements 
GANADO Advocates

Some documents under Maltese law need to be expressed, on pain of nullity, in a public deed or a 'private writing', whilst in other cases it is sufficient if these documents are simply expressed 'in writing'.
Employers Who Permit After-Hours Work Should Exercise Caution In Light Of An Anticipated Increase In Nonexempt Workers 
Wilson Elser Moskowitz Edelman & Dicker LLP

Following the directive issued in March 2014 by President Obama, the U.S. Department of Labor published a proposed new rule in the Federal Register and is accepting comments through September 4, 2015.
Nairobi International Convention On The Removal Of Wrecks, 2007 
GANADO Advocates

On the 18th January 2015, Malta ratified the Nairobi International Convention on the Removal of Wrecks 2007, (hereinafter referred to as 'the Nairobi Convention' or 'the Convention').
Malta's Relationship With The Ballast Water Convention: Blessing Or Curse To The Shipping Industry 
GANADO Advocates

As an island state which has tourism (and the sea) as one of its main sources for national income, the news that this Convention will soon be implemented is indeed welcome.
California Supreme Court Upholds Limited Right Of Carrier To Seek Recovery Of Unreasonable Fees Directly From Insured's Independent Counsel 
Wilson Elser Moskowitz Edelman & Dicker LLP

J.R. Marketing has an unusual background. Upon tender of a lawsuit against its insureds, the insurer initially denied coverage, subsequently agreeing to defend after the insureds instituted coverage litigation.
Malta: A Tax Efficient Jurisdiction 
GANADO Advocates

Malta's tax legislation provides for a number of benefits which can be derived by companies and their shareholders.
AIFMD Passport – Extension Denied To The US, Hong Kong And Singapore 
GANADO Advocates

ESMA assessed six possible non-EU jurisdictions that could benefit from the extension of the AIFMD passport.
Decision In Canadian Challenge To FATCA Expected Soon 
Moodys Gartner Tax Law LLP

The Canadian Federal Court heard oral arguments on August 4 and 5 in a lawsuit that challenges the law that implements the intergovernmental agreement between Canada and the U.S. relating to the Foreign Account Tax Compliance Act.
Single Resolution Board Publishes Rules Of Procedure  
Shearman & Sterling LLP

On August 19, 2015, the Single Resolution Board published a decision from its plenary and executive sessions of April 29, 2015 adopting its rules of procedure.
Attorneys General Ask Congress Not To Preempt State Laws When Enacting National Data Security Legislation 
Jones Day

The letter cautioned against federal preemption, stating that "it is important that any federal legislation ensure that states can continue to enforce breach notification requirements under their own state laws."

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