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April 16, 2014

Emerging Legal News Headlines:

Bulletin shows minor forward movement in the EB-2 China category and the EB-3 India category, with no movement in the EB-2 India category or the EB-3 China category.

The U.S. Department of State (DOS) has released its...

The Serious Fraud Office has issued a code of practice for deferred prosecution agreements, which are now available as an alternative to conviction for certain white-collar offences in the UK.

On 24 February, ...

The proposal covers shareholder votes on remuneration policies and related party transactions and greater transparency obligations on certain market participants.

The European Commission (EU Commission) recently...

On April 8, 2014, President Obama signed a Presidential Memorandum that will require federal contractors and subcontractors to provide to the U.S. Department of Labor compensation data based on their employees’ sex and race...

In Equal Employment Opportunity Commission ("EEOC") v. Kaplan Higher Education Corp., No. 13-3408 (6th Cir. Apr. 9, 2014), the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the...

The latest swerve in the rollercoaster that is Puerto Rico public finance occurred on April 11 with the release of the Puerto Rico Supreme Court’s ruling striking down as unconstitutional the bulk of the territory’s teacher pension...

In John Doyle Trust, et al. v. Country Mutual Insurance Co., 2014 IL App (2d) 121238, the Illinois appellate court affirmed summary judgment entered against Country Mutual, finding it owed its insured landlords a defense for a wrongful...

A sublease is a transfer of less than a tenant’s full interest in its lease because either it is a transfer of less than all of the tenant’s premises or a transfer of the entire premises for less than the entire term of the tenant...

Individuals often start-up a business with a new idea to market, but they often need the additional financing to back it up. These businesses will often seek the assistance of other companies to help them get a start.

One entrepreneur...

Listed below are all new filings before PTAB of requests for inter partes review (IPR) and covered business methods review (CBM).  Since the last report, no new requests for ex parte reexamination at the...

ENERGY AND CLIMATE DEBATE

Congress is in recess for two weeks, but returns April 28 to a full agenda.

Senator Jeanne Shaheen (D-NH) said April 10 that her bipartisan energy efficiency package (S. 2074), could...

Eastern Pompano Beach has quickly positioned itself to become the next hot spot for development in South Florida. Investors are betting that recent public sector efforts will translate into a thriving community. The growing interest in the once...

The last few years has seen the rise of so-called “name and shame” laws.  The aims of many these laws may be laudable, but yesterday’s decision by the Court of Appeals for the District of Columbia Circuit...

The FTC’s Claim

A New Jersey federal judge has confirmed the Federal Trade Commission’s (“FTC”) authority to regulate data security and bring claims against companies suffering data breaches due to inadequate...

A number of government and regulatory agencies—the Government Accountability Office (the GAO), the Department of Labor (the DOL) and, most recently, the Securities and Exchange Commission (the SEC), and the Financial...

A federal circuit court decision issued last week recognizes important limitations on a relator’s ability to bring multiple lawsuits against the same contractor or alleging related fraud.  The U.S. Court of Appeals for the...

The European Parliament has voted emphatically in support of a report produced by its Civil Liberties, Justice and Home Affairs Committee (LIBE) on the mass surveillance undertaken by the U.S. National Security...

Simply stated: “[a] collateral attack is not a substitute for an appeal” reasoned the Second Appellate District Court in Bowman v. California...

Has ICE Been Busy in 2013? What to Expect if You Get a Notice of Inspection

On November 6, 1986, the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their employees hired after...

The proposed directive seeks to coordinate national requirements concerning the formation, registration, and operation of single-member companies.

On 9 April, the European Commission published a...

Federal Court News & National Administrative Law Issues:

On April 10 2014, the USCIS announced that the agency has received approximately 172,500 H-1B petitions during the initial filing period, including petitions filed for the advanced degree exemption...

All employers that use third-party information technology sourcing entities may be sitting on unidentified risk. One of the world’s largest technology outsourcing companies, Infosys Corp.,...

As business owners begin filing their 2013 federal income tax returns and pay the 3.8 percent tax on net investment income for the first time, they should be aware that 100 hours of participation in an activity...

  • Physician Payment Data is Latest Battleground on Costs: The Department of Health and Human Services (HHS) has released Medicare Physician Payment data, which includes information on 880,000 health care providers who collectively...

Section 102 the National Securities Markets Improvement Act (which amended Section 18 of the Securities Act of 1933) deems securities listed (or authorized for listing) on the NYSE, the American Stock Exchange...

Nearly a year after it was first passed in June 2013, the New York City Earned Sick Time Act (ESTA), providing paid sick time to employees in New York City, took effect this month. The law has been a top priority...

On April 7, the Division of Corporation Finance of the Securities and Exchange Commission issued nine new responses to frequently asked questions regarding the disclosure of conflict mineral usage that is...

Last week, the Department of Health and Human Services (HHS) released a new, free, downloadable tool to assist small and medium-size health care provider offices to conduct security risk assessments (SRA).[1...

Large U.S.-headquartered, international private equity (PE) players have long been investors in UK and wider European assets.  More recently, however, as stability and growth returns to European economies...

Please listen to part two of Wayne Zell's interview with Dr. Richard Orlando as he discusses his popular new book, "LEGACY: The Hidden Keys to Optimizing Your Family Wealth Decisions".

To listen, click...

Hopes that certain severance payments paid by companies to terminated employees could escape application of the Federal Insurance Contributions Act (FICA) tax were dashed when a unanimous U.S....

CFPB Issues Annual Complaint Report

On March 31st, the CFPB issued its Consumer Response Annual Report.1  According to the Report, which reviews the complaints received by the CFPB...

On April 7, the Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight (DSIO) issued CFTC No-Action Letter No. 14-45, extending to June 30 the relief previously granted in CFTC No-Action...

10 months after President Obama nominated her, Terrell McSweeny has been confirmed as the fifth FTC commissioner.  The vote was 95-1 for McSweeny with David Vitter, a Republican from Louisiana, voting against her nomination...

The Financial Industry Regulatory Authority (FINRA) has issued Regulatory Notice 14-14 and Regulatory Notice 14-15 announcing that it will initiate a review of certain of its rules to ensure that its rules remain...

On March 10, 2014, the Securities and Exchange Commission’s (SEC) Enforcement Division (the “Enforcement Division”) introduced a new Municipalities Continuing Disclosure Cooperation Initiative...

The “Safe and Accurate Food Labeling Act,” introduced Wednesday by U.S. Representative Mike Pompeo (R-KS), would put an end to state measures to label genetically modified organisms (GMOs) in food....

Companies providing consumer finance products or services should review policies and training materials to ensure compliance.

On April 3, the Occupational Safety and Health Administration (OSHA)...

On April 7, the Federal Reserve Board (Board) announced that it intends to exercise its authority to give banking entities two additional one-year extensions to conform their ownership interests in, and...

CFPB Payday Loan Report and Hearing

On March 25th, the CFPB released its second report on payday loans (the Report) and also held a field hearing on that issue.1  The CFPB’s Office...

Do you have a 'lifestyle' law firm?

My short video explains what that means:

...

Last week we discussed various elements of the U.S. EPA’s and Army Corps of Engineers’ ...

State Court News & State Administrative Law Issues:

In Scot Netherlands, Inc. v. State of New Jersey, Department of Environmental Protection, Docket No. A-5156-11T3 (App. Div. April 7, 2014), the Appellate Division reconfirmed that not every impairment in property value establishes a...

In Oneida Seven Generations Corporation v. City of Green Bay (WI App. 2014), Oneida Seven Generations Corporation (OSG), a wholly owned subsidiary of the Oneida Tribe of Wisconsin, had obtained...

Wisconsin enacted a new law on April 8, 2014 prohibiting employers, educational institutions, and landlords from requesting or requiring access to personal Internet accounts. The...

The federal district courts of the United States provide an efficient and stable dispute resolution forum for marine lenders with distressed shipping debt on their hands. However, because the federal district courts are courts of limited...

Last week, Magistrate Judge David S. Cayer of the U.S. District Court for the Western District of North Carolina ...

A New York Appellate Court held for the first time that a judgment issued by a foreign country’s criminal court awarding monetary compensation to a fraud victim is civil, not penal in nature, and therefore...

Last week, the Florida Third District Court of Appeal dealt the final blow to an often-used strategy by condominium associations. In the second iteration of ...

On April 1, 2014, the California State Water Resources Control Board (State Water Board) unanimously adopted a new National Pollutant Discharge Elimination System (NPDES) Permit for the Discharge of Storm Water...

A False Claims Act case against the New York City Department of Education (NYCDOE) was dismissed on March 25, the district court holding that Medicaid providers (such as school districts that...

At an economic development summit earlier today in Newton, Massachusetts, Governor Patrick stated that he will propose an economic growth bill that includes a prohibition on non-competition agreements that discourage workers in high-tech...

Illinois has been among the strictest of the "eavesdropping" states in prohibiting the secret recording of conversations without all parties' consent. Many states have a "one-party consent" rule, under which it is...

Delaware’s Limited Liability Company Act provides that a limited liability company agreement or an agreement of merger or consolidation or plan of merger may provide for ...

Miami: crossroads of the Americas and, increasingly, Europe and Asia, host city for the 2014 International Council for Commercial Arbitration Congress, site of the Latin American headquarters for...

Suppose a corporation’s Chief Executive Officer becomes involved in a particularly abhorent (but legal) political movement.  Suppose further that the Board of Directors is concerned that the corporation’s ...

An exciting announcement was recently made in South Florida - between May 2011 and today more than 200 new condo towers east of I-95 in Miami-Dade, Broward and Palm Beach counties have been scheduled to be built.  Yes, this is no...

The SEC filed a settled administrative proceeding against an owner of a New Jersey based brokerage firm for engaging in an illegal “layering” or “spoofing” scheme that resulted in unlawful profits of almost $1 million....

On April 1, 2014, the New York state 2014–2015 budget (the "Budget") became effective. The Budget includes legislation (the "Budget Legislation") that makes several significant changes to New York's estate tax regime...

CalPERS recently gave notice that it is proposing to adopt a new rule requiring disclosure of conflicts of interests by consultants and external managers.  Under the California Administrative Procedure Act, Cal. Gov’t...

New Mexico's governor recently signed a law mandating that, no later than July 1, 2014, employers subject to the state's Minimum Wage Act conspicuously display in their facilities a poster on human trafficking.[1]...

International Legal News & Immigration Law News:

The European Parliament has voted emphatically in support of a report produced by its Civil Liberties, Justice and Home Affairs Committee (LIBE) on the mass surveillance undertaken by the...

As ties between Canada and Florida continue to strengthen, Canadian investment in the region continues to increase. Tricon Capital Group, the Canadian company whose profit rose five-fold last year after betting on U.S....

For the first time, the European Commission has decided on comprehensive rules for the assessment of State aid in the energy sector. The new text adopted on 9 April 2014 will create the framework for the ability of EU Member...

On January 18 2014, Republic of Kazakhstan President Nursultan Nazarbayev signed several amendments to Kazakhstan’s public procurement regulations into law; they came into force on January 302014.

Major adjustments...

Recently, the high court of appeals in Paris upheld an art expert’s right to refuse to authenticate a work of art.  While this decision took nine years to come to fruition, it validates an art expert’s freedom to make an...

Multinational companies increasingly have internationally mobile employees (IMEs) who perform services in more than one country, other than their country of citizenship, during a single taxable year.

It can be quite...

Enterprise Florida recently opened business development offices in Hong Kong and Shanghai.  Enterprise Florida is a partnership between Florida’s businesses and government leaders that strives to increase job growth...

There have been two recent developments in the expansion of private antitrust actions in the United Kingdom and ...

Background

As part of the 2014 UK Budget, HM Treasury and HM Revenue and Customs published a position paper on the Organisation for Economic Co-operation and Development’...

In its decision of 2 April 2014 in relation to the underground and submarine high voltage power cables cartel case (COMP/39610), the European Commission (Commission) held the parent companies of the producers...

New competition provisions may make it easier to prosecute cartel offences, but add additional exclusions and defences.

On 1 April, the competition provisions of the UK’s Enterprise and Regulatory Reform...

As an update to our March 5th posting, The Copaxone Story in the U.S. and India, the U.S. Supreme Court (“Supreme Court”) this week granted ...

The pressure on Russia continues to build.  As we previously reported here and ...

Three important legislative changes take effect on 6 April 2014 that will impact employment litigation and dispute resolution strategy in the United Kingdom.

1....

As of 1 April 2014, the Enterprise and Regulatory Reform Act 2013 (ERRA) brings about significant substantive and structural change to the United Kingdom’s competition regime. As part of a more general overhaul of this...

On March 31, 2014 the Department of Homeland Security (DHS) designated Chile as a country eligible to participate in the Visa Waiver Program (VWP) making the total number of designated countries...

The safety and wellbeing of employees in the workplace is a concern in respect of employers of all sizes and across all sectors. This concern was magnified in Ontario after a quadruple fatality involving a scaffolding accident at a construction...

Court upholds some of the law’s requirements but deems provisions on sanctions to be unconstitutional.

The French Constitutional Court rendered an important decision on 27 March regarding the...

Solvay, S.A. v Honeywell International

Affirming the federal district court, the U. S. Court of Appeals for the Federal Circuit concluded that a claim was invalid under § 102(g)(2), i.e., the invention was made in this...

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