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Index (2870)
LAWFLASH JAPAN FSA FINALIZES AMENDMENTS TO THE ARTICLE 63 EXEMPTION February 05, 2016 AUTHORS AND CONTACTS Christopher P. Wells, Tomoko Fuminaga Final text of the Regulations with respect to the Amendments promulgated has been released as well as the Response to the public comments. On February 3, the Financial Services Agency of Japan (Japan FSA) promulgated the ï¬nal form of...
LAWFLASH CONGRESS CONSIDERS LANDMARK TRADE SECRET REFORMS February 08, 2016 AUTHORS AND CONTACTS Mark L. Krotoski, Jeffry S. Mann, Ph.D., Greta L. Burkholder If enacted, the legislation would represent the most signiï¬cant trade secret reform in many years. Major federal trade secret legislation is receiving strong bipartisan support and consideration in the US Congress. The...
LAWFLASH UK GOVERNMENT PUBLISHES DRAFT GENDER PAY REPORTING REGULATIONS February 16, 2016 AUTHORS AND CONTACTS Matthew Howse, Pulina Whitaker, Yulia Chizh The proposed regulations will require businesses to calculate their gender pay gap starting April 2017 and publish the details by April 2018. On 12 February, the UK government published draft regulations[1] that set out the framework for the...
LAWFLASH IRAN SECONDARY SANCTIONS RELAXATION: EFFECT ON SHIPPING AND RELATED ACTIVITIES February 22, 2016 AUTHORS AND CONTACTS Louis Rothberg, Margaret M. Gatti Shipping companies should be mindful of restrictions that still apply. The relaxation of Iran sanctions that the United States implemented on January 16, 2016—“Implementation Day” for the Joint...
LAWFLASH IMPLEMENTATION OF NEW UK PSC REGIME February 26, 2016 AUTHORS AND CONTACTS Iain Wright, Ann-Marie Davies UK companies will be obliged to take steps to identify and maintain a public register of persons with signiï¬cant control, and such persons must supply such companies with information for inclusion on the register or face criminal penalties and possibly frozen shareholder...
LAWFLASH EUROPEAN COMMISSION RELEASES DETAILS OF NEW EU-US PRIVACY SHIELD March 02, 2016 AUTHORS AND CONTACTS Dr. Axel Spies, Gregory T. Parks, Mark L. Krotoski, Pulina Whitaker, Matthew Howse, W. Reece Hirsch The new EU-US Privacy Shield seeks to address the European Court of Justice’s criticisms in Schrems after the decision invalidated the Safe Harbor program for EU-US data...
LAWFLASH UK TAX MEASURES—SPRING 2016 BUDGET March 17, 2016 AUTHORS AND CONTACTS Paul Beausang, Kate Habershon, Katerina Heal The spring budget includes a number of announcements that relate to taxation, the most signiï¬cant of which is a “roadmap” for UK corporate taxation through 2020. On 16 March, the UK Chancellor of the Exchequer made a number of...
Issue 2 – March 2016 IN THIS ISSUE Welcome to the second issue of our EU life sciences alerter that covers some of the most critical developments in the pharmaceutical and medical technology sectors in the last month and is produced by our life sciences lawyers in London, Frankfurt, and Paris. If you have any questions on any of these issues, please contact Paul Ranson. BREXIT...
LAWFLASH ‘BREXIT’ IMPLICATIONS FOR LISTINGS OF SECURITIES ON THE LONDON STOCK EXCHANGE March 24, 2016 AUTHORS AND CONTACTS Carter Brod, William Yonge If Britain decides to leave the European Union as a result of a “Brexit” vote on 23 June 2016, the effect on the UK and EU ï¬nancial services sectors could be signiï¬cant; in particular, there could...
LAWFLASH FALSE CLAIMS ACT TRIAL SETS PRECEDENT FOR FUTURE CASES April 01, 2016 AUTHORS AND CONTACTS Kathleen McDermott, Howard J. Young, Holly C. Barker, John A. Cosgriff The DOJ’s theory of falsity based on clinical disagreement alone fails as a matter of law. In a closely watched False Claims Act (FCA) proceeding by the healthcare industry and FCA practitioners, the US District...
Alternative funding solutions are needed 3 APRIL, 2016 BY TAREK EL-ASSRA Morgan Lewis’ Tarek El-Assra looks at project financing beyond oil money Tarek El-Assra is a partner at Morgan Lewis. IMF managing director, Christine Lagarde, said on her recent visit to the UAE that the collapse of oil prices is causing a paradigm shift in economic landscapes where stability is hinged on...
LAWFLASH NEW YORK ENACTS PAID FAMILY LEAVE LAW AND MINIMUM WAGE INCREASES April 07, 2016 AUTHORS AND CONTACTS Christopher A. Parlo, Kenneth J. Turnbull Governor Cuomo signs legislation enacting comprehensive paid family leave policy and minimum wage increases. NEW YORK PAID FAMILY LEAVE PROGRAM On April 4, New York Governor Andrew Cuomo signed legislation that will require all employers to...
LAWFLASH AVIATION SANCTIONS UPDATE—IRAN AND CUBA April 20, 2016 AUTHORS AND CONTACTS Carl A. Valenstein, Margaret M. Gatti, Louis Rothberg, Dr. Axel Spies Since the beginning of 2016, there have been a number of changes in US and European sanctions imposed on Iran and US sanctions imposed on Cuba that may beneï¬t the aviation industry. With Implementation Day under the Joint...
LAWFLASH DEPARTMENT OF STATE RELEASES MAY 2016 VISA BULLETIN April 21, 2016 AUTHORS AND CONTACTS Eleanor Pelta, Eric S. Bord, A. James Vázquez-Azpiri, Lisa Stephanian Burton, Tracy Evlogidis A new geographic sector that includes El Salvador, Guatemala, and Honduras has been added. The US Department of State (DOS) has released its May 2016 Visa Bulletin. The Visa Bulletin sets...
OUTSIDE PUBLICATION CYBERSECURITY CONCERNS FOR ERISA FIDUCIARIES, TODAY’S GENERAL COUNSEL April/May 2016 AUTHORS AND CONTACTS Patrick Rehï¬eld, Saghi Fattahian The F.B.I. now ranks cybercrime as one of its top law enforcement priorities, and President Obama’s proposed budget would sharply increase spending on cyber security, to $14 billion. Not only is...
OUTSIDE PUBLICATION PROPOSED MEDICARE PART B PAYMENT METHODOLOGIES WILL IMPACT DRUG MANUFACTURERS, PHYSICIAN PRACTICES AND HOSPITAL OUTPATIENT DEPARTMENTS BNA'S PHARMACEUTICAL LAW & INDUSTRY REPORT April 22, 2016 AUTHORS AND CONTACTS Donna Lee Yesner On March 11, 2016, the Centers for Medicare & Medicaid Services announced a proposed two-phase demonstration project to test...
LAWFLASH NEW KAZAKHSTAN LAW ON LEGAL ACTS ÐОВЫЙ ЗÐКОРО ПРÐВОВЫХ ÐКТÐÐ¥ Ð’ КÐЗÐХСТÐÐЕ April 25, 2016 AUTHORS AND CONTACTS Aset A. Shyngyssov, Bakhytzhan O. Kadyrov по-руÑÑки The new law regulates issues relating to hierarchy, legal force, and interpretation of...
LAWFLASH NEW EXAMPLES OF PROGRAM-RELATED INVESTMENTS April 26, 2016 AUTHORS AND CONTACTS Matthew R. Elkin, Kimberly M. Eney, Celia Roady, Alexander L. Reid The new examples describe additional charitable purposes and PRI terms and structures. On April 21, the Internal Revenue Service and Treasury Department issued ï¬nal regulations regarding program-related investments (PRIs). The...
LAWFLASH LANDMARK TRADE SECRET LAW ESTABLISHES NEW RIGHTS AND REMEDIES April 28, 2016 AUTHORS AND CONTACTS Mark L. Krotoski, Jeffry S. Mann, Ph.D., Greta L. Burkholder, Jenny Harrison, Corey R. Houmand The Defend Trade Secrets Act of 2016 aims to modernize and strengthen trade secret law. The most signiï¬cant trade secret reform in decades is about to become law. The Defend Trade Secrets...
Class and Derivative Actions Our Class and Derivative Actions Group represents industry leading companies and institutions in high-stakes Leadership cases nationwide. In fact, defense of class actions has been at the heart of Bryan Cave’s litigation practice for more than 25 years, including defending class claims in antitrust, securities and derivative actions, as well as class...
Appellate Cross-Team The Appellate Group handles appeals and extraordinary proceedings in federal and state appellate courts across Leadership the country. We also work with trial counsel, advising on the preservation of defenses and constitutional arguments; assisting with dispositive motions; preparing jury instructions, evidentiary motions, and post-judgment pleadings; and consulting...
Commercial Litigation Bryan Cave’s Commercial Litigation group regularly handles jury trials, bench trials, arbitrations, mediations Leadership and administrative and regulatory proceedings for all manner of complex business disputes. We also counsel clients on how to avoid litigation and resolve business disputes without litigation. Our experience combined with our technology and...
Emerging Companies Practice Emerging companies typically operate in rapidly evolving industries where expertise, speed and efficiency are Leadership rewarded. Often these companies move from conception to acquisition or initial public offering over a short period of time. This rapid growth carries enormous risk. To gain competitive advantage, sustain innovations and successfully manage rapid...
Technology, Entrepreneurial and Commercial Practice Our TEC group moves at the speed of business creating the commercial agreements that fuel our clients’ profits, Leadership licensing technology in intellectual property-driven businesses and helping entrepreneurs prioritize to efficiently manage their businesses. Many of our TEC lawyers have management and Mark W. Weakley financial...
Life Sciences Team Bryan Cave’s Life Sciences Team leverages its collective experience to assist scientific and business innovators at Leadership every stage – from start-ups to mature companies — within the rapidly-advancing life sciences industry. As a global team with backgrounds and industry experience in life sciences corporate, finance, regulatory...
Intellectual Property Never has our pledge been more important to you. The lawyer who best understands the special value of your Leadership intellectual property is the lawyer best equipped to represent your interests, whether in the courtroom or the boardroom, on the factory floor or in the lab, or before a governmental entity, here or abroad. Erik W. Kahn Our depth of understanding and...
Media & Communications in Intellectual Property Defamation, invasion of privacy, right of publicity, and false advertising used to concern only newspapers, Leadership broadcasters, and other traditional media. Now every company with a website—i.e., every company—is a publisher and an advertiser, as is every individual with a blog, Twitter account, or Facebook page....
The Federal Circuit Upholds Express Restrictions on Downstream Sales of Patented Articles, Affirming Mallinckrodt in Light of Quanta February 12, 2016 The Federal Circuit issued its en banc opinion in Lexmark Authors/Presenters International, Inc. v. Impression Products, Inc. ("Lexmark") on February 12, 2016. Lexmark is the most recent in a series of cases to address the...
What to Consider When Using Fingerprint Identification Technology February 14, 2016 Fingerprint identification technology uses fingerprints to Authors/Presenters uniquely identify individuals. The technology has been used by law enforcement agencies for decades, and dozens of statutes regulate when government agencies may collect fingerprints, how they are permitted to use them, and with whom...
What Employers Should Consider Before Switching to Fingerprint-based Time Clocks, Padlocks and Access Points February 18, 2016 Several companies now offer time and attendance Authors/Presenters solutions that incorporate the use of fingerprint identification technology and purport to eliminate “buddy punching” for hourly employees. In addition to time and attendance devices,...
How to Draft an Effective Incident Response Plan March 2, 2016 The best way to handle any emergency is to be prepared. Authors/Presenters When it comes to data breaches, incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one. For example, any organization that accepts payment cards is most likely contractually...
EU & Competition Law Update - March 2016 March 9, 2016 Welcome to March's edition of our EU & Competition Law Authors/Presenters Bulletin covering recent legal developments impacting upon you and your business: United Kindgdom: Large pay for delay fine imposed by CMA Germany and EU: Facebook accused on an abuse of dominance by German competition regulator France: Will the...
Credit Card Data Breaches: Protecting Your Company from the Hidden Surprises March 9, 2016 Debit and credit cards are now the primary form of retail Authors/Presenters payment. One source estimates that 60 percent of all retail transactions involve a payment card – far surpassing cash or checks as the preferred method of payment.1 Most retailers do not realize, however, that...
How to Select a Qualified Security Assessor (“QSA”) March 23, 2016 Retailers that accept credit cards are typically required by Authors/Presenters the payment card brands to show that they are in compliance with the Payment Card Industry Data Security Standards or “PCI DSS” at least once a year. How a retailer is permitted to show compliance depends in...
How to Comply with the CAN-SPAM Act March 27, 2016 Email is ubiquitous in modern life with billions of emails – Authors/Presenters wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of NonSolicited Pornography and Marketing (“CAN-SPAM”) Act has attempted to curb the number of unwanted emails and impose some rules...
Whistleblowers Suffer Another Implied Certification Theory Defeat — But Supreme Court Showdown Looms April 5, 2016 Adding its voice to an issue soon to be argued before the Authors/Presenters Supreme Court, an Alabama federal court recently dismissed a False Claims Act (“FCA”) complaint, holding that complying with a federal disclosure regulation was not a...
Corporate Trustees: how gross must negligence be? April 6, 2016 Surprisingly, the distinction between negligence and Authors/Presenters gross negligence in English contract and trust law is unclear. On one view, reflected in the older cases, there is little or no difference at all. The contrary view, reflected in more modern cases, is that there is indeed a difference and potentially, depending...
2016 Data Breach Litigation Report A Comprehensive Analysis of Class Action Lawsuits Involving Data Security Breaches Filed in United States District Courts April 6, 2016 Executive Summary Authors/Presenters Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have...
Marcuss, Zara Author Article for ‘Santa Clara Journal of International Law’ April 12, 2016 DC Senior Counsel Stan Marcuss and Santa Monica Authors/Presenters Attorney Michael Zara authored an article in the spring issue of the Santa Clara Journal of International Law that proposes a radical reform of the current export control system by giving the private sector...
JANUARY 2016 n NO. 1 Class Action Defense Third Circuit Rules Court Should Decide Class Arbitrability Action Item: In a precedential opinion, the U.S. Court of Appeals for the Third Circuit outlined what is required for parties to allow arbitrators—rather than courts—to decide whether a matter could be arbitrated as a class. The Third Circuit then reaffirmed how...
JANUARY 2016 n NO. 1 Consumer Finance Litigation U.S. Supreme Court Rules That an Unaccepted Settlement Offer or Offer of Judgment Does Not Moot a Plaintiff’s Individual or Class Action Case Action Item: The U.S. Supreme Court clarifies the split among the circuits and holds that an unaccepted Federal Rule of Civil Procedure 68 offer and unaccepted settlement offer...
JANUARY 2016 n NO. 1 Maritime January 16th Marked Changes in U.S. Sanctions on Iran Action Item: January 16, 2016, marked Implementation Day under the Joint Comprehensive Plan of Action (“JCPOA”), an agreement between Iran and the EU3+3 nations (the United Kingdom, France, Germany, Russia, China, and the United States) to ease international trade sanctions in...
ERCI A L COMM T M E N T INVES This article brought to you by Commercial Investment Real Estate, the magazine of the CCIM Institute. 2016 t Forecas VEAT CA OR EMPT — those our head losing theirs. Keep y ay be m to about you Diversify in ts all Marke + Sm b Is Your Jo ? Going Away ine of the The Magaz CCIM.com Institute To read the entire issue or ï¬nd out more about the...
Maritime Emergency Response Team We are on call 24 / 7 / 365 An incident may occur at any time. Blank Rome’s Maritime Emergency Response Team (“MERT”) will be there wherever and whenever you need us. In the event of an incident, please contact any member of our team.   OFFICE PHONE   MOBILE...
FEBRUARY 2016 n NO. 1 Tax and White Collar Defense & Investigations FATCA Update: Treasury Issues Long-Awaited Rules For Foreign Asset Reporting by Domestic Entities Action Item: Nearly six years after Congress passed the Foreign Account Tax Compliance Act (FATCA), the Treasury Department has finally issued Final Regulations mandating the reporting of foreign assets by domestic...
FEBRUARY 2016 n NO. 2 Consumer Finance Litigation CA Supreme Court Unanimously Holds that a Mortgage Loan Borrower Has Standing to Sue for Wrongful Foreclosure due to Allegedly Void Assignments Action Item: In a ruling last week, the California Supreme Court supported Glaski and issued a narrow holding that, post-foreclosure, borrowers have standing to assert wrongful foreclosure based...
FEBRUARY 2016 n NO. 2 Energy, Petrochemical and Natural Resources 2016 Starts with a Bang: A Review of Major Environmental and Energy Developments This Year to Date Action Item: There have been three energy developments of note in 2016 already: (1) The Supreme Court put the brakes on the administration’s Clean Power Plan; (2) the Supreme Court reversed the Circuit Court,...
2016 Volume 1, Issue 1 Crossroads in Court: Two professions set out to help children in family crisis. How does cross examination allow either profession to succeed? Norman Heller, Esq., Blank Rome LLP, New York, New York (Based on a presentation by the AFCC and AAML on Nov 20, 2015 on the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition parents with personality, mental...
International Environmental and Resources Law Committee Newsletter Vol. 18, No. 2 March 2016 A joint newsletter of the International Environmental and Resources Law Committee, Marine Resources Committee, and the Section of International Law’s International Environmental Law Committee The Arctic Region Photo Credit: James A. Bruen, Arctic Circle (Lofoten Islands), May...
Maritime Emergency Response Team We are on call 24 / 7 / 365 An incident may occur at any time. Blank Rome’s Maritime Emergency Response Team (“MERT”) will be there wherever and whenever you need us. In the event of an incident, please contact any member of our team.   OFFICE PHONE   MOBILE...
