Mondaq Latest Added Articles

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HHS Solicits Comments On Use Of Health Plan Identifier In E-Health Transactions 
Reed Smith

Today HHS published a request for public comments regarding the health plan identifier (HPID), including the requirements regarding health plan enumeration, and the requirement to use the HPID in electronic health care transactions.
The New Condo Age: The Protecting Condominium Owners Act 
Miller Thomson LLP

The Minister of Government and Consumer Services officially introduced the Protecting Condominium Owners Act to the Legislative Assembly yesterday.
California District Court Holds That Internal Tipsters Are Protected Under Dodd-Frank 
Proskauer Rose LLP

On May 5, 2015, in Somers v. Digital Realty Trust Inc., the U.S. District Court for the Northern District of California held that an internal complaint of an alleged securities law violation is sufficient to invoke the Dodd-Frank Act's anti-retaliation protection.
Ontario Teachers Ordered Back To School After Illegal Strike 
Norton Rose Fulbright Canada LLP

The government's new School Boards Collective Bargaining Act, which passed last year, has become the subject of controversy.
Why Banning Salary Negotiations Won't Close The Gender Pay Gap 
Duane Morris LLP

I am pleased to share with you a blog I wrote for Entrepreneur. The Washington Post recently posted an article by Laura J. Kray, professor of leadership at the University of California, Berkley, Haas School of Business, entitled: "The best way to eliminate the gender pay gap? Ban salary negotiations."
Survey Shows Corporate Counsel Especially Fear Class Actions: With Good Reason! 
Fox Rothschild LLP

A recent survey shows that class actions are the biggest worry for US corporate counsel. This is based on a polling of approximately 800 corporate counsel.
Guernsey Issues Amended Legislation And Updated Draft Guidance Notes On FATCA-Based Reporting 
Carey Olsen

This briefing note provides a summary of some of the key changes to the domestic legislation and guidance published by the ITO.
When Does One Equal One?  
Stoll Keenon Ogden PLLC

Last week, the United States Supreme Court agreed, in the 2015-2016 term, to review the question presented in Evenwel v. Abbott, an interesting case which will essentially present the question of "when does one equal one?"
A Mixed Bag For Global M&A Activity In April 2015 
Norton Rose Fulbright Canada LLP

Mergermarket published its M&A Monthly Insider for May of 2015 earlier this week, summarizing M&A activity around the world.
In An Inventorship Dispute, Timing May Be Everything  
Dimock Stratton LLP

Prompt steps may be needed to preserve a patent application during an inventorship or ownership dispute.
Buying Or Selling Your Home 
Field LLP

Perhaps the only time you may need the help of a lawyer is when you buy or sell your home. For many people, this may also be the biggest purchase made in their lifetime.
The "Bitter Bidder": Late Bids In Insolvency Sales Processes 
Norton Rose Fulbright Canada LLP

An insolvent entity will often have one or more businesses that, once separated from the insolvent organization or cleansed of their existing liabilities, is quite attractive acquisition targets.
Case Note: Duty To Mitigate Does Not Require Employee To Accept Diminished Role 
Norton Rose Fulbright Canada LLP

The Court of Appeal upheld the award of 24 months' salary in lieu of notice for a 38-year employee who was 58 years of age at the time of his dismissal.
EPA Releases New "Waters Of The United States" Rule 
Norton Rose Fulbright Canada LLP

Yesterday the United States Environmental Protection Agency and the Corps of Engineers released a pre-publication, final version of a new rule defining the scope of "waters of the United States" under the Clean Water Act.
May 2015 Corporate Alert 
Herrick, Feinstein LLP

This June, Herrick partners Irwin A. Kishner and Daniel A. Etna, will participate in a sports law panel in addressing transferring club ownership and investments in sports clubs.
Belief That A Patent Is Invalid Is Not A Defense To Inducement Liability 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

To the extent the concern regarding frivolous claims brought by certain patent owners is founded, the district courts are properly armed to deal with them.
Long-Term Care Legislation In Florida 
Holland & Knight

Long-term care companies in Florida need to review their regulatory compliance plans to see if updates are needed in light of several bills that passed during the regular legislative session of 2015.
A Split FTC Accepts Fix-It-First Divestiture Remedy For Cigarette Merger 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

The U.S. cigarette industry is highly concentrated, with the three largest manufacturers controlling approximately 90% of the market, according to the FTC.
Petition For Certiorari Review Denied In Martinez v. Aero Caribbean 
Holland & Knight

Plaintiffs relied primarily on Burnham v. Superior Court of California, County of Marin, 495 U.S. 604 (1990) in arguing that ATR could be sued in California based on the presence and service of the corporation's agents in the state.
Why Educating Employees On Email Best Practices Should Be A Top Priority For Food Manufacturers 
Herrick, Feinstein LLP

Employees of a typical food manufacturer send and receive thousands of emails every day.
FTC's Order Against Payment Processor Highlights Liability Risks Posed By Aiding And Abetting Provisions 
Venable LLP

On May 20, 2015, the Federal Trade Commission obtained a final order against a payment processor, Universal Processing Services of Wisconsin LLC d/b/a Newtek Merchant Solutions, for processing payments for a telemarketing scheme.
Shipping In Cyprus – Leading The Way 
Deloitte Cyprus

The shipping crisis drags on for the fifth year in succession. It appears to be the worst and longest crisis ever experienced in shipping.
Global Guide To Competition Litigation 2015 
Baker & McKenzie / Esin Attorney Partnership

Esin Attorney Partnership contributed to Baker & McKenzie's 2015 Global Guide to Competition Litigation.
U.S. Loses WTO Appeal In Meat-Label Row 
Jones Day

Last week, the World Trade Organization ("WTO") rejected a U.S. appeal over USDA's controversial country-of-origin meat labeling ("COOL") requirements that Canadian and Mexican producers have been fighting since 2008.
USDA Offers New Certification, Labeling For GMO-Free Foods 
Jones Day

USDA has announced a new, voluntary certification and labeling program for foods free of genetically modified organisms ("GMOs").
Civil Liability Protection For Those Making Suspicious Activity Reports (SARs)  
Reed Smith

From 1 June 2015, UK-based businesses will have greater freedom to report suspicions of money-laundering without risking liability to customers, due to an amendment being introduced to UK money-laundering law.
"The" Insured Versus "Any" Insured: The Pennsylvania Supreme Court Limits The Application Of The Employer's Liability Exclusion 
Reed Smith

In Mutual Benefit Insurance Company v. Politsopoulos, No. J-85-2014 (May 26, 2015), the commonwealth's Supreme Court addressed an employer's liability exclusion.
Senators Ask FDA To Delay Menu Labeling Rule 
Jones Day

Last week, a group of 32 senators urged FDA to delay implementation of the final rule "Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments" for one year...
Cross-Border Direct Investing 
McDermott Will & Emery

As the mid-market private company transaction market heats up, family office investors will find themselves competing for deals with strategic acquirers and private equity funds.
Direct Investing: Considerations When Serving As A Family-Designated Director 
McDermott Will & Emery

A family office or family investment fund making a direct investment in a company often gets the ability to designate one or more directors to the company's board of directors.
The Anti-Kickback Statute Continues Its Expansive Reach 
Duane Morris LLP

Five ambulance companies have agreed to pay $11.5 million to resolve a False Claim's Act suit brought by a former competitor alleging allegations of the Anti-Kickback statute.
FCC Chairman Wheeler Proposes Significant Updates To TCPA Rules  
Venable LLP

After months of speculation and numerous petitions to the agency, Federal Communications Commission ("FCC") Chairman Tom Wheeler issued a fact sheet on Wednesday, May 27.
Agreement For Specific Performance Precludes Actual Damages Claim 
Duane Morris LLP

In settling an environmental contamination claim, the property owner agreed to accept a cash payment and the environmental company agreed to perform remediation work.
Just What You Are Looking For?—Family Office Direct Investing In Search Funds 
McDermott Will & Emery

Family offices are increasingly taking note of "search funds" as a private equity investment alternative within the broader private equity investment class.
SEC Proposes New Pay-Versus-Performance Disclosure Rules 
Burns & Levinson LLP

The SEC has invited public comment on its proposals, requiring that all comments must be received on or before July 6, 2015. It is therefore possible that final rules could be adopted by the SEC in time for the 2016 proxy season.
Good Faith Belief In Invalidity No Defense To Active Inducement  
McDermott Will & Emery

The U.S. Supreme Court (Justice Kennedy writing for the majority) has now eliminated a defense that has been available to parties accused of actively inducing patent infringement under 35 USC § 271(b).
GMOs At The Ballot Box: The Drama Continues  
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Joining the rising tide of local GMO legislation, last week voters in Benton County, Oregon defeated the Benton County Local Food System Ordinance, which would have prohibited the cultivation of GMO crops in the county.
ACO Model Expansion Hinges On Increasing Medicare Program Flexibility 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Earlier this month, HHS Secretary Silvia Burwell made a game-changing announcement about the Obama Administration's most significant alternative payment model.
EU And Switzerland Sign Deal To End Banking Secrecy And Crack Down On Tax Evasion 
TMF Group

The EU Commission believes the new transparency will not only help both parties crack down on tax evasion, but also act as a deterrent for EU citizens contemplating hiding income and assets abroad.
FINRA Approves Use Of Related Performance In Mutual Fund Marketing Materials To Institutional Investors 
Ropes & Gray LLP

On May 12, 2015, the FINRA staff published an interpretive letter permitting FINRA members to include Related Performance Information (defined below) in mutual fund marketing materials directed at institutional investors.
Proposed Guidance And Regulations For The Fair Pay And Safe Workplaces Executive Order Released Yesterday 
Proskauer Rose LLP

The long anticipated guidance and regulations will finally lend some clarity to the intended scope of the Order's application.
The Oman Update - The Official Gazette 1100 

Appointment of Badr bin Mohammed bin Badr al Mantheri, Ambassador of the Sultanate of Oman to the Republic of Yemen, as the Sultanate's Non-resident Ambassador to the Republic of Ethiopia and the Republic of Eritrea.
Pay-Versus-Performance: SEC's Proposed Rules 
Burns & Levinson LLP

On April 29, the SEC proposed rules that would require most publicly traded companies to describe in detail the relationship between their financial performance and executive compensation actually paid.
The Oman Update - The Official Gazette 1101 

Appointment of two advisers to the Minister of Heritage & Culture: Sayyid Faisal bin Hamoud bin Nasser Al Busaidi and Hassan bin Mohammed bin Ali Al Lawati.
The SEC's Current Views On Private Equity - OCIE Is Still Focused On Fees And Expenses, But Also Is Turning Its Attention To Real Estate And Co-Investments  
Ropes & Gray LLP

Over the course of the past two years, the SEC has focused enforcement actions on purportedly undisclosed fees and expenses charged by private equity sponsors to funds or portfolio companies.
Tailoring The Suit: Plaintiffs File Amended Complaint In Nordstrom Rack Price-Tag False Advertising Lawsuit 
Proskauer Rose LLP

Nordstrom Rack has recently found itself at the center of an unwelcome suit over its labeling practices.
EPA And Army Corps Issue Final Rule On "Waters Of The United States" 

Yesterday, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers released a final rule defining the scope of waters protected under the Clean Water Act, or "waters of the United States."
Test Cases, Novel Points Of Law, And Matters Of Public Interest: A Costs Shield For Unsuccessful Defendants 
McCarthy Tétrault LLP

One of the means by which the law seeks to encourage class actions is to limit the extent to which members of a plaintiff class can be held liable for the costs of unsuccessful steps in such proceedings.
The First Circuit May 'Actually' Be The Best Choice Of Bankruptcy Venue For Intellectual Property Licensees 

In October 2014, GT Advanced Technologies (GT), a Delaware corporation with a principal place of business in New Hampshire, filed a petition for relief under Chapter 11 of the Bankruptcy Code (Code) in the District of New Hampshire.
New BVI Fund Offerings, Spring 2015 
Lennox Paton

The incubator fund will appeal to managers who want to move quickly and establish a track record whilst keeping set-up costs low and without having to comply with onerous regulatory obligations.
Legal Update - Spring 2015 
Lennox Paton

Lennox Paton acted for Nilon Limited who succeeded in their defence of a claim to rectify their share register brought by Royal Westminster Investments SA.
Wisconsin Supreme Court Accepts New Cases: Occurrences, 12% Interest, And Donning And Doffing 
Foley & Lardner

Last Friday, Wisconsin's supreme court announced that it had accepted seven new cases. Three of them are of particular interest to Wisconsin businesses.
Not Wanting To Work For "Mean" Supervisor Is Not A Disability  
Fox Rothschild LLP

Michaelin Higgins-Williams worked for Sutter Medical Foundation as a clinical assistant. But she found her interactions with her boss and human resources stressful.
Wisconsin's Supreme Court Creates More Power For The Arbitrator 
Foley & Lardner

Most commercial litigators know that a circuit court will enforce an arbitration agreement as long as a given dispute falls within the agreement's scope.
22 State AGs Settle Data Passing To Negative Option Marketer Claims For $11 Million  
Klein Moynihan Turco LLP

Attorneys General from 22 states reached agreement with Classmates, Inc., Florists' Transworld Delivery, Inc. and (the "Settling Parties") to settle allegations that the Settling Parties sold consumer information to negative option marketers.
Private Parties Not Liable For Public Interest Costs 
Borden Ladner Gervais LLP

As detailed elsewhere on this blog (here and here), courts are becoming increasingly resistant to attempts by third parties, specifically environmental non-governmental organizations ("ENGOs", ) to insert themselves in permitting processes and judicial reviews where they are not directly involved and add no relevant expertise.
WSJ: Whistleblowers Claim That SEC Bounty Program Lacks Transparency 
Proskauer Rose LLP

On May 25, 2015, the Wall Street Journal published an article (subscription required) reporting that tipsters have found it difficult to collect financial awards from the SEC after filing whistleblower claims.
Proposed FCC Telemarketing Actions – "Most Significant Since The Do-Not-Call Registry" 
Klein Moynihan Turco LLP

On Wednesday of this week, the Federal Communications Commission (the "FCC" or "Commission") announced a new proposal circulated by FCC Chairman Tom Wheeler that would make fundamental changes to the Commission's enforcement of the Telephone Consumer Protection Act ("TCPA").
The Duty To Bargain In Good Faith Revisited 
Miller Thomson LLP

By way of background, WHL Management ("WHL") is in the food processing business. The United Food & Commercial Workers, Local 175 (the "Union") was certified to represent its production employees in August 2008.
All In A Name: NAD Recommends Advertiser Change Product Names - Even Absent Consumer Confusion 
Frankfurt Kurnit Klein & Selz

Unilever United States, Inc. recently challenged certain Vogue, International, Inc. shampoo product names.
NAIC Issues Cybersecurity Guidance For U.S. Insurance Industry  
McCarthy Tétrault LLP

On April 16, 2015, the Cybersecurity Task Force of the U.S. National Association of Insurance Commissioners ("NAIC") adopted 12 "Principles for Effective Cybersecurity Insurance Regulatory Guidance" (the "Principles").
MEERKAT: Life On Air's Trademark Boon Or Bain 
Stites & Harbison PLLC

It turns out that LG Electronics filed for MEERKAT in South Korea (4020150033140) on May 6, 2015.
Global Perspectives On The Energy Sector 

What is the future for traditional power utilities?
Legislative Update—International Edition - May/June 2015 
Jones Day

On March 24, 2015, the Russian government enacted new bankruptcy procedures, including amendments to rules governing insolvency cases that involve tax debts.
Sovereign Debt Update - May/June 2015 
Jones Day

The long-running dispute over the payment of Argentina's sovereign debt, on which the South American nation defaulted for the second time in July 2014, continues to be particularly active.
Electronic Discovery & Information Governance - Tip of the Month: E-Discovery at the International Trade Commission 
Mayer Brown

The general counsel of a global technology company has received a patent infringement complaint filed with the International Trade Commission (ITC).
Taking Care To Take Care Of Yourself 
Field LLP

Before the Powers of Attorney Act and the Personal Directives Act became law, the Dependant Adults Act offered the only solution to family members who were faced with the mental or physical decline of their loved ones.
USCIS Guidance Clarifies Employer Obligations To Amend H-1B Visa Petitions, Sets Compliance Deadline 
Littler Mendelson

On May 21, 2015, the U.S. Citizenship and Immigration Services (USCIS) issued guidance on an employer's obligation to amend an H-1B visa petition to report a change in the employee's worksite location.
CMS Guidance On Beneficiary MA Drug Plan Disenrollments By Long Term Care Facilities  
Reed Smith

CMS has released guidance for long term care (LTC) facilities, including nursing facilities and skilled nursing facilities, on beneficiary disenrollments.
Can You Put Information from FPRs In Your Advertising? Very Carefully 
Fox Rothschild LLP

I continue with my seventh and final installment on Observations from the IFA Convention on the Ins and Outs of Financial Performance Representations ("FPRs").
Fair Process And Fair Price, Except When Fair Price Is Enough 
Stoll Keenon Ogden PLLC

Under Delaware law, with respect to a conflict of interest transaction, it is required that there be (a) a fair process and ultimately that (b) there be a fair price.
Enforcement Settlements All Wrapped Up In A Bow 
Fox Rothschild LLP

Last year, the SEC's Division of Enforcement launched the "Municipalities Continuing Disclosure Initiative" offering "favorable settlement terms" to municipal issuers and underwriters who self-report continuing disclosure violations.
Health Canada Releases Guide To Implementing The Protecting Canadians From Unsafe Drugs Act (Vanessa's Law) 
Osler, Hoskin & Harcourt LLP

Health Canada has issued a draft Guide as a companion to last year's amendments to the Food and Drugs Act made pursuant to Bill C-17 - Protecting Canadians from Unsafe Drugs Act (Vanessa's Law).
Mac's: Quebec CA Affirms Denial Of Rectification 
Dentons (Canada)

Mac's, an Ontario corporation, was a wholly-owned subsidiary of Couche-Tard Inc. ("CTI"). In April 2005, Mac's borrowed $185 million from Sidel Corporation, a related Delaware corporation.
Dashed Expectations: Delaware Court Rules Make-Whole Premium Not Payable Upon Early Repayment Of Bond Debt In Bankruptcy 
Jones Day

Whether a provision in a bond indenture or loan agreement obligating a borrower to pay a "make-whole" premium is enforceable in bankruptcy has been the subject of heated debate in recent years.
Trademark Licensees Beware: The Hypothetical Test Lives On In The Third Circuit  
Jones Day

Trademark licensees that file for bankruptcy protection face uncertainty concerning their ability to continue using trademarks that are crucial to their businesses.
From The Top In Brief - May/June 2015 
Jones Day

On May 4, 2015, the U.S. Supreme Court handed down its first 2015 ruling in a case involving an issue of bankruptcy law.
Credit Bidding Alert: Fifth Circuit Rules That Inaction Results In Waiver Of Right To Credit Bid 
Jones Day

The exception for collateral that is sold is premised upon the idea that protection against low valuation is not necessary when the market determines the value of the collateral.
No Decision From Eighth Circuit On Validity Of Ponzi Scheme Presumption 
Jones Day

Proving actual intent to defraud under either section 548 or state law can be difficult.
PTAB Issues ‘Quick Fix' Rule Package, Effective Immediately  
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

On March 31 we posted (here) about the Patent Office rolling out a series of rulemakings for improving post-grant proceedings, beginning with a first rule package of "quick fixes" this spring.
EMIR – Another Amendment To The UCITS Directive? 
CSB Advocates

Under European Market Infrastructure Regulation (EMIR), certain OTC financial derivative transactions became subject to clearing with a central counterparty with an aim of reducing the counterparty risk of the parties to the said transactions.
Satellite And Space Projects News - May 2015 
Field Fisher Waterhouse

Fieldfisher's Satellite and Space Projects team advised the Ministry of Communications of Turkmenistan on a deal to build and launch the country's first communications satellite, which was successfully launched on 27 April 2015.
The Tenancy Deposit Scheme 
Charles Russell Speechlys LLP

Under the Housing Act 2004, the Government introduced measures to protect rent deposits taken in connection with residential Assured Shorthold Tenancies ("ASTs").
The Kerguelen Breaks Record Of Largest Ship To Ever Enter A Maltese Harbour 
CSB Advocates

The container carrier CMA CGM Kerguelen has arrived at the Malta Freeport, thus establishing a new record in terms of being the largest ever vessel to dock in a Maltese harbour.
"Firsts" For The World Of Virtual Currencies 
Morrison & Foerster LLP

A settlement between the virtual currency exchanger and the U.S. Attorney's Office was also announced to resolve criminal charges associated with the alleged BSA violations.
The Election Outcome And What It Means For Employment Law 
Mayer Brown

Now we know what Government will be in place for the next five years, we can take a more focused look at what we can expect the employment law landscape to look like under a Conservative majority Government.
Scraping The Surface – Ryanair Notches Up Another Win Against Price Comparison Sites 
Mason Hayes & Curran

In recent years Irish airline Ryanair has been involved in numerous legal battles against so-called ‘screen scrapers' across Europe.
Commodity Derivatives Definitions Under MiFID I Clarified By ESMA 
CSB Group

It is also important to note that these guidelines will not be translated to other European languages since their effective duration is rather short.
CMS Proposes Major Update To Medicaid Managed Care Regulations  
Foley & Lardner

The Centers for Medicare and Medicaid Services ("CMS") released, on May 26, 2015, the a far-ranging proposal for revising the Medicaid managed care regulations ("Proposed Rule").
Navigating Product Recalls  
Foley & Lardner

Recalls are in the news as much as ever. The number of units recalled in 2014 eclipsed the total from 2010-2013, combined.
Quiz: Good Faith And Honest Contractual Performance 
WeirFoulds LLP

In November 2014, the Supreme Court of Canada released a significant decision in Bhasin v. Hrynew, which recognized a new general duty of honesty in contractual performance.
Connecticut Restricts Employer Access To Personal Social Media, E-Mail And Online Retail Accounts Of Employees And Applicants 
Littler Mendelson

On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer's ability to gain access to social media, e-mail and other personal online accounts of employees and job applicants.
Supreme Court's Decision In Commil v. Cisco: Big Win For Pharmaceutical Industry 
Patterson Belknap Webb & Tyler LLP

The decision is consistent with themes that the Justices had raised during oral argument on March 31, 2015.
USCIS Issues Guidance On When To File Amended H-1B Petition After The Simeio Solutions Decision – Gives Employers Until 8/19/2015 To Comply 
Smith Gambrell & Russell LLP

Earlier this month we sent out a client alert concerning the Simeio Solutions decision issued by the immigration service's Administrative Appeals Office.
Ontario Introduces New Condo Legislation Today!  
Blaney McMurtry LLP

Protecting Condominium Owners Act and Condominium Management Services Act were introduced today by the Province of Ontario to reform the existing condominium legislation.
President Issues Consumer Privacy Bill Of Rights Discussion Draft 
Jones Day

On February 27, President Obama released a discussion draft of the Consumer Privacy Bill of Rights Act.
SCOTUS: No Unlimited Suspension Of The Statute Of Limitations Under The False Claims Act; "First-To-File" Doctrine Does Not Bar Related Suits In Perpetuity 
Sheppard Mullin Richter & Hampton

For purposes of the FCA's "first-to-file" bar, the FCA only limits a lawsuit based on the same underlying facts as another case that is actually open and pending when the later lawsuit is filed.
President Signs Cybersecurity Threat-Sharing Executive Order 
Jones Day

On February 13, at the White House's Summit on Cybersecurity and Consumer Protection, President Obama signed an executive order boosting cybersecurity information-sharing efforts between the private sector and the federal government.
Who decides who decides? Delegation in local government in Western Australia 
Kott Gunning

A local government could operate through authorisations, 'act through' its officers and employees, or via delegation.
Another Prologue To Cybersecurity Regulations: Controlled Unclassified Information ("CUI") – What Contractors Need To Know And Why They Should Care  
Sheppard Mullin Richter & Hampton

Government contractors should take note of a proposed new rule that could impose significant new data storage obligations when finalized.

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