September 30, 2014

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September 30, 2014

September 29, 2014

FEATURED ARTICLES

Alcohol and Tobacco Tax and Trade Bureau (TTB) Issues Expanded List of Allowable
On Monday, September 29 2014, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Industry Circular 2014-2, which expands the list of... Read More >
Medical Information Worth 10x More Than Credit Card Data On Black Market
When many people think about identity theft and data breaches, they tend to think about credit card data and bank accounts. This makes sense given... Read More >
New VETS-4212 Rule Finalized – Contractors Must Report Aggregate Statistics
Changes to the VETS-100A report proposed by the Department of Labor’s Veterans’ Employment and Training Service (“VETS”)... Read More >
Keep Your Eyes on the Clock! Second and Tenth Circuits Nix Bankrupt Company's Co
In two recent decisions, ASARCO LLC v. Goodwin, 756 F.3d 191 (2d Cir. 2014) and ASARCO LLC v. Union Pacific Railroad Co., 755 F.3d 1183 (... Read More >
A Look Forward: FY 2014-2015 & Possible Retrogression Effects
On September 9, 2014 the U.S. State Department (the State Department) issued the October 2014 Visa Bulletin which reflected the EB-5 visa... Read More >
Credit Where Credit Is Due:  Renewable Thermal Energy Heats Up
Using renewable fuels to heat and cool buildings has many virtues, but their use for this purpose is distressingly low. Fuels such as biomass, biogas... Read More >
Time to Step Up Your Children’s Online Privacy Protection Act (COPPA) Compliance
The Federal Trade Commission (FTC) has made good on its promise to actively enforce the recently amended Children’s Online Privacy Protection... Read More >
With Immigration: The Advent of Global Entry
Since its creation six years ago, the Global Entry program has been a success in the international travel environment, with significant growth and... Read More >
Social Media and Spoliation – Can A Client Delete Her Facebook Posts?
Jurors, litigants, and their attorneys are increasingly savvy about social media.  At the same... Read More >
Recent Remarks By Officials Reinforce DOJ’s Focus On Criminal Fraud Investigatio
In a trio of speeches given at separate events on September 17, 2014, Department of Justice (... Read More >
Amy Moore, Health Care Attorney, Covington Law Firm
Amy Moore
Most group health plans must apply to the Centers for Medicare & Medicaid Services by November... Read More >
Can Regulation A+ Deliver on JOBS Act Capital Efficiency Promises?
The SEC has proposed rules to institute Title IV of the Jumpstart Our Business Startups Act (JOBS... Read More >
SEC Whistleblower
Last week, the SEC announced its largest-ever whistleblower award – more than... Read More >

Federal Court News

Greene’s Energy Group, LLC, Inc. v. Oil States Energy Services, LLC, Granting Mo

Takeaway: If a party is attempting to modify the default protective order, it must show good cause for doing so, including the inclusion of heightened restrictions on who can view the information.

...
SEC Bad Actor Rule

Each year, thousands of businesses and investment funds raise billions of dollars in capital through unregistered offerings under Rule 506—the most widely used exemption under Regulation D under the Securities Act of 1933...

BlackBerry Corporation v. NXP B.V. Final Written Decision IPR2013-00233

Takeaway: In responding to a Petitioner’s obviousness arguments, Patent Owner must consider the full disclosure of the cited prior art and fully address the proposed combination with arguments that are commensurate...

Shamoil Shiplander, Litigation Attorney, Bracewell Law Firm

Attention, people: The United States wants your bears.

Seriously. It also wants 600 sacks of your coffee beans and 328 pounds (more or less) of your wild American ginseng. Might as...

SBA Proposes to Increase Small Business Size Standards (79 Fed. Reg. 54145; 79 Fed. Reg. 53646)

The U.S. Small Business Administration (“SBA”) proposes to increase small business size standards for: (1)...

A bit of new and a bit of old highlighted international financial regulatory developments this past week. The Commodity Futures Trading Commission brought its first action invoking a new prohibition under its business conduct...

State Court News

On Sept. 22, 2014, the U.S. District Court for the Northern District of California issued an important opinion regarding antitrust standing in Los Gatos Mercantile, Inc. v. E.I. DuPont de Nemours & Co.(DuPont)...

“Convenience Dumping” – Not So Convenient After All

NJDEP’s launched its “Don’t Waste Our Space” initiative in March 2014 to crack down on illegal waste disposal practices, focusing particularly on protection of State owned lands.  The problem of...

Proposed Michigan Agricultural Environmental Assurance Program (MAEAP) Rules Nar

Proposed rule changes in the Michigan Agricultural Environmental Assurance Program (MAEAP) have excluded some farmers from MAEAP verification and protection.

Under the proposed MAEAP...

INTERNATIONAL LAW NEWS

Protecting Your UK Business Against Departing Employees
by: Sharon Tan and Paul McGrath of McDermott Will & Emery

Departing employees can represent a significant threat to a business.  This is particularly so in the case of senior managers and employees who have access to confidential information or who exert influence over key...

by: Stephen C. Tupper and Stephen Abrams of Greenberg Traurig, LLP

The new Public Sector Directive 2014/24 (the New Public Sector Directive) on public procurement entered into force on 17 April 2014. This replaces Directive 2004/18. The New Public Sector Directive is accompanied by two other...

Carolyn Jackson, Financial Regualtory, Attorney, KAtten Muchin Law Firm UK
by: Carolyn H. Jackson of Katten Muchin Rosenman LLP

On September 24, the European Securities and Markets Authority (ESMA) published on its website the public responses to its Consultation Paper on the draft regulatory standards (RTS) for Clearing Obligation No. 2 concerning...