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Index (2870)
The New Normal: Lender Revisions to Pass-Through Entity Governing Documents CLIENT ALERT | June 23, 2016 Paul W. Hespel | hespelp@pepperlaw.com Elizabeth R. Tabas Carson | tabase@pepperlaw.com RISK AND UNCERTAINTY ARE DRIVING LENDERS TO TAKE A DEEP LOOK INTO THE MECHANICS OF GOVERNING DOCUMENTS FOR PASS-THROUGH ENTITIES, BUT ARE ALSO CREATING A MARKET DYNAMIC WHERE LENDERS ARE...
Electric Vehicle Charging Station Regulation: Why Your Local Electric Vehicle Charging Station Doesn’t (and Shouldn’t) Look Like Your Local Gas Station CLIENT ALERT | June 23, 2016 Marc D. Machlin | machlinm@pepperlaw.com A. Christopher Young | youngac@pepperlaw.com Erica H. Dressler | dresslere@pepperlaw.com FOR ELECTRIC VEHICLE USAGE TO BECOME MORE...
Insight Center Capabilities POWER OF INTELLIGENCE About Us INSIGHT CENTER: PUBLICATIONS People Locations Diversity Pro Bono Careers FIDUCIARY DUTIES, DEAL STRUCTURE CONSIDERATIONS AND SECURITIES DISCLOSURE OBLIGATIONS IN GOINGPRIVATE TRANSACTIONS AUTHORS James D. Rosener Partner | 212.808.2717 6/24/2016 David P. Russo Associate | 212.808.2714 NEWS view all 7/12/2016 Jan P. Levine...
Does Federal Bankruptcy Law Preempt State Law Fraudulent Transfer Claims Assigned to a Bankruptcy Estate Representative? BANKRUPTCY | June 24, 2016 Henry J. Jaffe | jaffeh@pepperlaw.com Lesley S. Welwarth | welwarthl@pepperlaw.com IN RECENT YEARS, CONSTRUCTIVELY FRAUDULENT TRANSFER CLAIMS ASSERTED IN BANKRUPTCY CASES, ESPECIALLY THOSE ARISING FROM LBOS AND SIMILAR SHAREHOLDER TRANSACTIONS, HAVE...
SEC Applies Advisers Act Provisions to Nonadvisor Fund Service Providers CLIENT ALERT | June 28, 2016 John M. Ford | fordjm@pepperlaw.com Dorothy M. Allison | allisond@pepperlaw.com Nathan M. Iacovino | iacovinon@pepperlaw.com THE SEC CONTINUES TO EXPAND THE SCOPE OF RESPONSIBILITIES AND STANDARDS APPLICABLE TO GATEKEEPERS. In an application of the Investment Advisers Act of...
TAX UPDATE Vol. 2016, Issue 2 VIDEO ARTICLES IN THIS ISSUE Howard S. Goldberg “The Pepper Minute: Taking the LLC or Partnership Public” ACCESS THE RECORDING BY CLICKING HERE Deductibility of Transaction Costs for a Target Company: No Safe Harbor in Deemed Asset Deals Page 2 Disregarded Entities and Cancellation of Debt Income: Are They Really Disregarded if They Are in...
Supreme Court Narrows Interpretation of Federal Corruption Statute CLIENT ALERT | June 29, 2016 Martin S. Bloor | bloorm@pepperlaw.com Linda Regis-Hallinan | hallinanl@pepperlaw.com Christen Tuttle | tuttlec@pepperlaw.com THE SUPREME COURT’S DECISION HALTS THE GOVERNMENT’S TREND TO BROADLY INTERPRET THE FEDERAL CORRUPTION STATUTES IN ITS AGGRESSIVE...
Status Quo at the PTAB for Now: Supreme Court Makes No Change to IPR; Judicial Review and Claim Construction Standard Remain the Same CLIENT ALERT | June 30, 2016 Maia H. Harris | harrism@pepperlaw.com Frank D. Liu | liuf@pepperlaw.com THE SUPREME COURT’S DECISION WILL NOT LIKELY CHANGE MUCH IN THE NEAR TERM — ESPECIALLY IN LIGHT OF THE FACT THAT IT MADE NO...
TAX UPDATE Vol. 2016, Issue 2 VIDEO ARTICLES IN THIS ISSUE Howard S. Goldberg “The Pepper Minute: Taking the LLC or Partnership Public” ACCESS THE RECORDING BY CLICKING HERE Deductibility of Transaction Costs for a Target Company: No Safe Harbor in Deemed Asset Deals Page 2 Disregarded Entities and Cancellation of Debt Income: Are They Really Disregarded if They Are in...
Insight Center Capabilities POWER OF INTELLIGENCE About Us INSIGHT CENTER: PUBLICATIONS People Locations Diversity Pro Bono Careers ONCE MORE UNTO THE BREACH: HOW COUNSEL SHOULD HELP CLIENTS PREPARE FOR AND RESPOND TO DATA INCIDENTS AUTHORS Sharon R. Klein Partner | 949.567.3506 7/01/2016 Alex C. Nisenbaum Associate | 949.567.3511 NEWS view all 7/12/2016 Jan P. Levine Quoted in The...
Insight Center Capabilities POWER OF INTELLIGENCE About Us INSIGHT CENTER: PUBLICATIONS People Locations Diversity Pro Bono Careers WHEN SUCCESSOR LIABILITY AND BANKRUPTCY PRINCIPLES COLLIDE AUTHORS 7/01/2016 Michael H. Reed Special Counsel | 215.981.4416 NEWS view all 7/12/2016 Jan P. Levine Quoted in The Legal Intelligencer Article, 'Judge Approves $8.4M Settlement in Egg...
Insight Center Capabilities POWER OF INTELLIGENCE About Us INSIGHT CENTER: PUBLICATIONS People Locations Diversity Pro Bono Careers THE 'LIEN-ABILITY' OF FIELD CHANGE DIRECTIVES UNDER TYPICAL CONSTRUCTION LIEN LAWS? 7/06/2016 AUTHORS Jonathan M. Preziosi Partner | 609.951.4153 Stephanie L. Jonaitis Senior Attorney | 609.951.4212 NEWS view all 7/12/2016 Jan P. Levine Quoted...
Supreme Court’s Rejection Is Not the End of the Road for Madden v. Midland Funding CLIENT ALERT | July 7, 2016 Richard P. Eckman | eckmanr@pepperlaw.com Gregory J. Nowak | nowakg@pepperlaw.com PJ Hoffman | hoffmanp@pepperlaw.com REGARDLESS OF WHETHER OR NOT MIDLAND’S CASE IS SUCCESSFUL AT THE DISTRICT COURT, THERE ARE A NUMBER OF REASONS WHY THE SECOND...
OSHA Rulemaking Increases Reporting Obligations CLIENT ALERT | July 7, 2016 Gregory S. Narsh | narshg@pepperlaw.com BEGINNING IN 2017, EMPLOYERS WILL BE REQUIRED TO AFFIRMATIVELY SUBMIT TO OSHA WHATEVER INJURY/ILLNESS INFORMATION AND FORMS THEY WERE ALREADY REQUIRED TO COMPILE. In a recent rulemaking titled “Improve Tracking of Workplace Injuries and Illnesses,” 81...
Materiality Is the New Condition of Payment: The Implied False Certification Theory After Escobar CLIENT ALERT | July 8, 2016 Thomas M. Gallagher | gallaghert@pepperlaw.com Abigail A. Hazlett | hazletta@pepperlaw.com THE SUPREME COURT HAS MADE IT CLEAR THAT, EVEN AT THE PLEADINGS STAGE, RELATORS (OR THE GOVERNMENT) MUST PLEAD FACTS TO SUPPORT MATERIALITY WITH PLAUSIBILITY AND...
SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 229, 230 and 240 Release No. 33-10107; 34-78168; File No. S7-12-16 RIN 3235-AL90 AMENDMENTS TO SMALLER REPORTING COMPANY DEFINITION AGENCY: Securities and Exchange Commission. ACTION: Proposed rules. SUMMARY: We are proposing amendments to the definition of “smaller reporting company” as used in our rules and regulations. The...
Structured Finance and Securitizaion 2015 Highlights Table of Contents Intro 1 Forecast for 2016 2 Highlights from 2015 5 Thought Leadership 6 Rankings and Awards 7 Newly Promoted Partners 8 About Us 9 Intro In 2015, Hunton & Williams LLP’s structured finance and securitization team was engaged in a number of ground-breaking transactions and provided...
February 22, 2016 How to Safeguard Privacy and Data Security in Corporate Transactions by Lisa J. Sotto and Ryan P. Logan Published in Corporate Counsel Personal information about consumers is the lifeblood of many organizations. In the era of big data and increasingly advanced data analytics, companies can use personal information more effectively to target existing and prospective...
March 1, 2016 Navigating Product Liability’s Complex Regulatory Landscape by Kelly L. Faglioni Published in Risk Management Your product group is planning for the debut of the company’s exciting new widget. Being responsible corporate citizens, they check in with the legal department to confirm the regulatory and risk landscape. The group starts by asking the seemingly simple...
March 9, 2016 How will the FDA regulate 3D printing? by Maya M. Eckstein and Kyle Sampson Published in InsideCounsel Pharmaceutical and medical device manufacturers increasingly are using 3D printing (aka “additive manufacturing”) to manufacture their drugs and devices. Indeed, the Food and Drug Administration already has approved or cleared numerous 3D-printed products,...
A guide for in-house lawyers April 2016 EUregulation@hunton.com
Design patents This article presents the views of the author and do not necessarily reflect those of Hunton & Williams or its clients. The information presented is for general information and education purposes. No legal advice is intended to be conveyed; readers should consult with legal counsel with respect to any legal advice they require related to the subject matter of the...
France, The International Comparative Legal Guide to: Data Protection 2016, 3rd Edition – April 2016
ICLG The International Comparative Legal Guide to: Data Protection 2016 3rd Edition A practical cross-border insight into data protection law Published by Global Legal Group, with contributions from: Affärsadvokaterna i Sverige AB Bagus Enrico & Partners Cuatrecasas, Gonçalves Pereira Deloitte Albania Sh.p.k. Dittmar & Indrenius ECIJA ABOGADOS Eversheds...
ICLG The International Comparative Legal Guide to: Data Protection 2016 3rd Edition A practical cross-border insight into data protection law Published by Global Legal Group, with contributions from: Affärsadvokaterna i Sverige AB Bagus Enrico & Partners Cuatrecasas, Gonçalves Pereira Deloitte Albania Sh.p.k. Dittmar & Indrenius ECIJA ABOGADOS Eversheds...
ICLG The International Comparative Legal Guide to: Data Protection 2016 3rd Edition A practical cross-border insight into data protection law Published by Global Legal Group, with contributions from: Affärsadvokaterna i Sverige AB Bagus Enrico & Partners Cuatrecasas, Gonçalves Pereira Deloitte Albania Sh.p.k. Dittmar & Indrenius ECIJA ABOGADOS Eversheds...
ICLG The International Comparative Legal Guide to: Data Protection 2016 3rd Edition A practical cross-border insight into data protection law Published by Global Legal Group, with contributions from: Affärsadvokaterna i Sverige AB Bagus Enrico & Partners Cuatrecasas, Gonçalves Pereira Deloitte Albania Sh.p.k. Dittmar & Indrenius ECIJA ABOGADOS Eversheds...
PRATT’S PRIVACY & CYBERSECURITY LAW REPORT AN A.S. PRATT PUBLICATION MAY 2016 VOL. 2 • NO. 4 PRATT’S PRIVACY & CYBERSECURITY LAW REPORT EDITOR’S NOTE: CAN YOU KEEP A (TRADE) SECRET? Victoria Prussen Spears MAY 2016 CRITICAL ISSUES FOR FOREIGN DEFENDANTS IN INTERNATIONAL TRADE SECRETS LITIGATION – PART I Jeffrey A. Pade VOL. 2...
May 9, 2016 3D Printing and Its Uncertain Products Liability Landscape by Maya M. Eckstein and A. Todd Brown Published in IndustryWeek There is general consensus that 3D printing has potentially revolutionary implications for industry and, along with it, for the law. In terms of products liability law, its consequences for industry and consumers injured by 3Dprinted products are potentially just...
May 9, 2016 Why Not Having an Employment Contract With Bank Officers Will Hurt You by Alan Marcuis and Amber Rogers Published in Bank Director Yesterday, John Smith, the president of ABC Bank, announced to the board of directors that he intended to resign to go work for XYZ Bank, a local competitor. Smith also intends to take some of the bank’s most important customers, and several...
Privacy and Security Law Report ® Reproduced with permission from Privacy & Security Law Report, 15 PVLR 934, 5/9/16. Copyright ஽ 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com Cybersecurity Insurance The result of Travelers Indemnity Co. of Am. v. Portal Healthcare Solutions, LLC is a notable win for policyholders seeking coverage for...
May 17, 2016 The FDA seeks to regulate 3D-printed medical devices by Maya M. Eckstein and Paul Nyffeler Published in InsideCounsel As we previously reported, the use of 3D printing for the production of medical devices has become almost commonplace. Indeed, the FDA has approved at least 85 3D-printed medical devices via its 501(k) approval pathway. The FDA, though, has long considered further...
The following article is from National Underwriter’s latest online resource, FC&S Legal: The Insurance Coverage Law Information Center. The Insurance Coverage Law Information Center POLLUTION EXCLUSION APPLIES TO LEAD POISONING CLAIM UNDER CGL POLICY May 25, 2016 Michael S. Levine and Andrew A. Stulce In Smith v. Ga. Farm Bureau Mut. Ins. Co.,[1] the Court of Appeals of...
May 26, 2016 Viewpoint: The Importance of Dissent at the NLRB by Ronald Meisburg Published in SHRM.org Sitting as the lone dissenter on the National Labor Relations Board (NLRB) might seem like a futile exercise. Grinding away on opinions that are critiques of the law as stated by your colleagues can be disenchanting work.But as a former NLRB member, I can attest that dissents are also valuable...
The following article is from National Underwriter’s latest online resource, FC&S Legal: The Insurance Coverage Law Information Center. The Insurance Coverage Law Information Center SECOND CIRCUIT REMINDS CONSUMER PRODUCT COMPANIES THAT INSURANCE OPTIONS EXIST FOR BIG DATA BLUNDERS AND PRIVACY FAUX PAS July 12, 2016 Syed S. Ahmad, Neil K. Gilman, and Paul T. Moura Consumer...
PRO BONO 2015 PRO BONO MATTERS HIGHLIGHTS Syrian refugee children in Greece who benefited from a nonprofit founded by a Hunton & Williams Washington partner. Read more inside. Photo credit: Hendrik de Kok A Victory for Texas Children In 2015, truancy, or “failure to attend school,” was decriminalized in the state of Texas. For years, Texas truancy laws...
June 14, 2016 How Your CGL Policy May Help with Trademark Infringement Litigation by Syed Ahmad and Jennifer White Published in Risk Management Magazine Historically, looking to a commercial general liability (CGL) policy in the face of a trademark infringement suit has proven to be the wrong target for policyholders hoping to recover attorney’s fees or fund settlements. Insurers often...
The following article is from National Underwriter’s latest online resource, FC&S Legal: The Insurance Coverage Law Information Center. The Insurance Coverage Law Information Center SECOND CIRCUIT REMINDS CONSUMER PRODUCT COMPANIES THAT INSURANCE OPTIONS EXIST FOR BIG DATA BLUNDERS AND PRIVACY FAUX PAS July 12, 2016 Syed S. Ahmad, Neil K. Gilman, and Paul T. Moura Consumer...
Litigation Alert: Not All E-Discovery News is Bad October 30, 2014 Not All E-Discovery News is Bad By Kelly Hoversten It’s been said that bad news will travel a thousand leagues, but good news sometimes doesn’t get past the door. So seems to be the case with electronic discovery. It is well-documented that more electronically stored information (ESI) is being saved than ever...
I NT E LLE C T U A L P ROPERTY, P R IVA C Y & E -C O MME R CE A U DIT D O YO U KN O W W H AT IN T E L L E CTUA L PROPER TY Y O U A R E B U Y IN G OR SE LLI NG ? HAV E Y O U DO N E E V E RY T H IN G POS S I BLE T O P R O T E C T Y O UR M OST VALUABLE A S S E T S ? ARE Y O U R E A D Y F O R D U E DIL IG E N CE REV I EW AS PA R T O F A N Y POTE N TIA L PU R C H ASE? F IN A N C IN G? D...
A Legal Guide To TECNOLOGY TRANSACTIONS A Legal Guide To TECHNOLOGY TRANSACTIONS A Collaborative Effort Minnesota Department of Employment and Economic Development Gray Plant Mooty ISBN 1-888404-59-0 A Legal Guide To TECHNOLOGY TRANSACTIONS is available without charge from the Minnesota Department of Employment and Economic Development, Small Business Assistance Office, 1st National Bank...
A Collaborative Effort Minnesota Department of Employment and Economic Development A Legal Guide To The Use Of SOCIAL MEDIA IN THE WORKPLACE The Use Of SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE SOCIAL MEDIA IN THE WORKPLACE ISBN 1-888404-61-2 A Legal Guide...
Advertising and Food Alert: The Food, Drug, and Cosmetic Act Does Not Shelter a Beverage Company from Claims of Deceptive and Misleading Food and Beverage Labeling and Advertising June 19, 2014 On June 12, 2014, the Supreme Court, in an 8-0 ruling, held in POM Wonderful LLC v. Coca-Cola Co. that a competitor may sue another under the Lanham Act for unfair competition because of false or...
Health Law Alert: The Deadline for Amending Business Associate Agreements is Quickly Approaching By Jesse Berg and Tim Johnson June 23, 2014 A key change from 2013’s HITECH “Omnibus” Rule was a requirement that Business Associate Agreements (“BAAs”) be modified to reflect the latest revisions to the HIPAA regulations. When the Rule was issued on...
Health Law Alert: Minnesota's United States Attorney Seeking Additional Resources to Investigate and Prosecute Health Care Fraud in Minnesota June 24, 2014 In remarks made at a reception held at Gray Plant Mooty on June 19th, Minnesota’s United States Attorney, Andrew Luger, made clear his office’s renewed commitment to investigating and prosecuting health care fraud in...
Health Law Alert: Telemedicine Standards Approved by the Leading Organization of State Medical Boards June 12, 2014 Experts predict that the global telemedicine devices market will exceed $1B this year and that it will grow at a five-year compounded annual rate of 56 percent. Several trends are driving the growth of this alternative care delivery model in the United States: a growing population...
MERGERS AND ACQUISITIONS OF FRANCHISE COMPANIES Due Diligence on Franchise Systems GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. A FULL-SERVICE LAW FIRM MINNEAPOLIS, MN • ST. CLOUD, MN • W ASHINGTON, DC W W W .GPML AW .COM Due Diligence on Franchise Systems A chapter co-authored by Mark Kirsch along with John Baer and Beata Krakus from the book Mergers and...
GRAY PLANT MOOTY The GPMemorandum TO: OUR FRANCHISE AND DISTRIBUTION CLIENTS AND FRIENDS CLIENTS AND FRIENDS FRANCHISE AND FROM: FROM: GRAY PLANT MOOTY'S FRANCHISE AND DISTRIBUTION GRAY PLANT MOOTY’S FRANCHISE AND DISTRIBUTION PRACTICE GROUP PRACTICE Quentin R. Wittrock, Editor of The GPMemorandum Editor of Maisa Jean Frank, Assistant Editor Jean Assistant Editor DATE: 192...
GRAY PLANT MOOTY The GPMemorandum TO: OUR FRANCHISE AND DISTRIBUTION CLIENTS AND FRIENDS FROM: GRAY PLANT MOOTY'S FRANCHISE AND DISTRIBUTION PRACTICE GROUP Quentin R. Wittrock, Editor of The GPMemorandum Maisa Jean Frank, Assistant Editor DATE: August 4, 2015—No. 196 (Distribution Issue) This issue of The GPMemorandum focuses on topics primarily of interest to companies that...
Litigation Update: Big Changes Coming to Federal Rules of Civil Procedure in Effort to Curb Costs, Decrease Delays September 01, 2015 Earlier this year, the U.S. Supreme Court officially promulgated revisions to the Federal Rules of Civil Procedure, as recommended by the Federal Rules Advisory Committee. The rule changes are expected to take effect on Dec. 1, 2015, pending approval by Congress....
GRAY PLANT MOOTY The GPMemorandum TO: OUR FRANCHISE AND DISTRIBUTION CLIENTS AND FRIENDS FROM: GRAY PLANT MOOTY'S FRANCHISE AND DISTRIBUTION PRACTICE GROUP Quentin R. Wittrock, Editor of The GPMemorandum Maisa Jean Frank, Assistant Editor DATE: December 3, 2015—No. 200 (Distribution Issue) This issue of The GPMemorandum focuses on topics primarily of interest to companies that...
