February 1, 2015

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January 30, 2015

January 29, 2015

FEATURED ARTICLES

NFA Announces New Filing Process for Swap Dealer and Major Swap Participant CCO
On January 23, the National Futures Association (NFA) issued a notice informing its members that the annual reports required by NFA rules to be... Read More >
Seattle Seahawks Headed for a Second Straight Super Bowl Victory? Yes, According
...No According to Lion…and Other Notes for Employers in Advance of the Big Game Predicting the Super Bowl victor used to be easy. ... Read More >
Tax Evasion Post: Is the IRS Reading Your Mail? Maybe!
Recently a taxpayer wrote to me asking if the IRS needed a warrant to “look at [her] mail.” Technically, the IRS needs a warrant to open... Read More >
What to Do If You Are (or Don’t Want to Be) Hacked
In light of the many high profile cyber-attacks on businesses this past year, employers should assess their vulnerability relative to data breaches... Read More >
Aircraft Securitizations and the EU Risk Retention Rules
European institutions that invest in securitization transactions, whether in the United States or elsewhere, should be mindful of the risk retention... Read More >
Supreme Court Rejects Sixth Circuit’s Approach to Retiree Medical Benefits
Ordinary contract principles govern disputes about collectively bargained retiree medical benefits. A Morgan Lewis team secured a major victory for... Read More >
No Statute Of Limitations For Spill Act Contribution Claims
The general statute of limitations for claims alleging injury to real property is six years.  However, a recent decision of the New Jersey... Read More >
FTC Announces “Concrete Steps” for IofT Privacy and Security
As the vast array of internet-connected devices mushrooms, and technologies permit those devices to communicate with one another, calls for privacy... Read More >
Generic Top Level Domains - Current Sunrise  Periods Open
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs,... Read More >
EB-5 Visa: Retrogression, Priority Dates and I-526 Petition Approval Notices
With retrogression looming, it is a good time for a quick primer on priority dates and the... Read More >
Unified Patents, Inc. v. Broadband iTV, Inc.
Takeaway: A petition must take into account all words in a claim. In its Decision, the Board... Read More >
SEC Announces Proxy Voting Roundtable
Mark D. Wood
The Securities and Exchange Commission has announced that it will host a roundtable on February 19... Read More >
Fleming v. Escort, Inc: Even Geniuses Commit Error—Sufficient to Support Reissue
The U.S. Court of Appeals for the Federal Circuit explained that an error in drafting original... Read More >

Federal Court News

OFCCP Announces Proposed Rules to Modernize Sex Discrimination Regulations

On Tuesday, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a proposed rule to revise and modernize a sex discrimination guidance it...

CFTC Staff Issues No-Action Relief From Certain Financial Reporting Requirements

On January 23, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO) issued a no-action letter regarding financial reporting requirements as they apply to foreign...

Beyond HIPAA: New Jersey Law Requires Encryption of Personal Data by Health Insu

In response to data breaches that have occurred across the United States, several of which involved the theft of laptop computers, beginning August 1, 2015, health insurance carriers in New Jersey will be obligated to do more...

CME Group Exchanges Revise Position Limit Rules

The Chicago Mercantile Exchange, Chicago Board of Trade, New York Mercantile Exchange and Commodity Exchange have revised their position limit rules by removing provisions that formerly deemed a market participant to have violated a position...

Cardiocom, LLC v. Robert Bosch Healthcare Systems,

Takeaway: To successfully assert secondary considerations such as commercial success and industry praise, Patent Owner must establish a nexus between the claimed invention and the commercial success or...

State Court News

Newly Amended Dual Agency Disclosure Law: Much Ado About Nothing [VIDEO]

As of January 1, 2015, the duty of a real estate agent to disclose in writing his or her representation of a buyer, seller, tenant and/or landlord, including any dual agency relationship, in residential real...

(Technically Enhanced Naturally Occurring Radioactive Material)

Naturally Occurring Radioactive Material (NORM) is found in virtually all soil and rock on the earth’s surface. NORM can also be found in groundwater as the result of its contact with NORM bearing geologic formations....

New Illinois Laws in 2015

1)         Referendum Required to Close Fire Facility - HB 4418 amends the Illinois Municipal Code. Effective January 1, 2015, cities or villages are now prohibited...

INTERNATIONAL LAW NEWS

by: Neil Robson of Katten Muchin Rosenman LLP

On January 28, the Dutch regulator (Authority for Financial Markets (AFM)) announced that the Alternative Investment Fund Managers (AIFM) Directive’s Annex IV reporting obligation has been postponed for non-EU managers...

by: Brian Mahany of Mahany Law

Federal Medicare guidelines require that pharmacies and hospitals submit their “usual and customary” price for prescriptions billed to the federal...

Fourth EU Money Laundering Directive Endorsed by European Parliament
by: Neil Robson of Katten Muchin Rosenman LLP

The Fourth Money Laundering Directive (4MLD) of the European Union has been endorsed by two key European Parliament committees, which now means that EU countries must implement the changes within two years (i.e., it is...