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  • Moment

    Issue number #44-3-4 (June 2019) of publication Moment is now available

    Nov 16, 2019 6:07 AM

  • Revista Latin Trade

    Issue number #27-2 (July 2019) of publication Revista Latin Trade is now available

    Nov 16, 2019 6:07 AM

  • Label & Narrow Web

    Issue number #24-7 (October 2019) of publication Label & Narrow Web is now available

    Nov 16, 2019 6:07 AM

  • Mississippi Business Journal

    Issue number #41-34 (October 2019) of publication Mississippi Business Journal is now available

    Nov 16, 2019 6:07 AM

  • New Hampshire Business Review

    Issue number #41-22 (October 2019) of publication New Hampshire Business Review is now available

    Nov 16, 2019 6:07 AM

  • The National Interest

    Issue number #164 (November 2019) of publication The National Interest is now available

    Nov 16, 2019 6:07 AM

  • Federal Court vacates HHS rule recognizing right to abstain from participating in medical services on account of religious or moral objection

    On November 6, the US District Court for the Southern District of New York vacated a United States Department of Health and Human Services (“HHS”) rule recognizing the right of an individual or entity to abstain from participation in medical procedures, programs, services, or research activities on account of a religious or moral objection. See Decision.

    Nov 15, 2019 10:27 PM

  • California Court Rules That Food And Beverage Service Charges May Qualify As Gratuities

    “A California appellate court just held that mandatory service charges added by banquet facilities to their contracts may need to be paid to banquet service employees essentially as a form of a gratuity.” See Article.

    Nov 15, 2019 10:25 PM

  • Federal Court denies petition for rehearing in banc in the case of Trump v. Mazars

    On November 13, the US Court of Appeals for the District of Columbia denied a petition for a rehearing en banc submitted by Donald Trump in the case of Trump v. Mazars. See Decision.

    Nov 15, 2019 10:23 PM

  • Court Upholds Termination Of Employee Who Claimed Failed Drug Test Was Due To Over-The-Counter Medications

    “The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug test was the result of his use of an over-the-counter sinus medicine.” See Article.

    Nov 15, 2019 10:23 PM

  • Pennsylvania votes in favor of crime victims’ rights constitutional amendment

    On November 12, Pennsylvania residents voted in favor of a crime victims’ rights constitutional amendment. The measure passed with 74% voting in favor. See Vote.

    Nov 15, 2019 10:22 PM

  • Supreme Court To Hear Case On Validity Of SEC Disgorgement

    “In June 2017, the Supreme Court issued its landmark Kokesh decision, which unanimously held that the remedy of "disgorgement" - regularly imposed by the SEC in securities enforcement actions - operates as a "penalty," rendering claims for disgorgement subject to the five-year statute of limitations set forth in § 2462.1 On Friday, November 1, 2019, the U.S. Supreme Court agreed to consider whether the SEC has the authority to seek disgorgement at all - a question that it raised, but explicitly declined to address in Kokesh.” See Article.

    Nov 15, 2019 10:21 PM

  • Federal Court: whether the Open/Closed Report covers all records "contained in" AFTRAK is itself a material, genuinely disputed question of fact

    Recently, a federal court of appeal held that “whether the Open/Closed Report covers all records "contained in" AFTRAK is itself a material, genuinely disputed question of fact, and the answer in turn depends on other disputed and material facts.” Additionally, the Court held that “whether AFTRAK is correctly classified as a database, a matter on which the IRS's Manual and other official documents contradict its legal denial here, appears to be an intermediate fact with potential consequences for resolving the parties' claims. The disputes on these matters preclude summary judgment.” See Decision.

    Nov 15, 2019 10:19 PM

  • Connecticut State Court Grants Motion To Strike Securities Act Claims

    “On October 24, 2019, Judge Charles T. Lee of the Connecticut Superior Court granted a motion to strike claims alleging violations of Sections 11, 12(a) and 15 of the Securities Act of 1933 (the "Securities Act") in connection with an initial public offering brought against the issuer, certain of its officers, and the underwriters of the offering.” See Article.

    Nov 15, 2019 10:18 PM

  • PA Preferred: Not as Hard to Qualify as You Might Think

    Do you look for the yellow check mark? The “PA Preferred” label and marketing tool certainly seems to be successful in helping consumers choose Pennsylvania-grown products in the produce aisles and beyond. (See Article)

    Nov 15, 2019 5:32 PM

  • 6 Questions (and Answers) About How Regulators View Cryptocurrencies

    Once considered a fringe technology, blockchain and cryptocurrencies have exploded into a global phenomenon with the potential of multi-billion-dollar implications for industries of all kinds. (See Article)

    Nov 15, 2019 5:32 PM

  • Alstom Executive Convicted on FCPA and Money Laundering Violations

    Lawrence Hoskins, a UK citizen and former Alstom executive, was convicted last Friday on 11 of 12 counts for his role in a bribery scheme involving Indonesian officials. (See Article)

    Nov 15, 2019 5:32 PM

  • FERC Issues Penalty Assessment in Vitol CAISO Market Manipulation Proceeding

    The Federal Energy Regulatory Commission issued an Order Assessing Civil Penalties, imposing approximately $1.5 million in civil penalties on Vitol Inc. and one million dollars in penalties on a Vitol trader. In a departure from prior cases, the Commission assessed penalties well below Enforcement Staff’s recommended six-million-dollar penalty for the company, in light of the individual trader’s significant involvement in the alleged scheme. (See Article)

    Nov 15, 2019 5:32 PM

  • Consumer-Facing DNA Testing Company Suffers Data Breach

    Last week, Veritas Genetics, a consumer-facing DNA testing company, suffered a security breach affecting customer information in its database. Veritas offers whole-genome sequencing to consumers for $599. The security incident affected its customer portal, which Veritas said does not contain genetic data, DNA test results or health records. (See Article)

    Nov 15, 2019 5:32 PM

  • House Committee Holds Hearing on the Future of Science in EPA Rulemaking

    On November 13, 2019, the House Committee on Science, Space, and Technology held a hearing on “Strengthening Transparency or Silencing Science? The Future of Science in EPA Rulemaking.” The hearing focused on the U.S. Environmental Protection Agency’s (EPA) April 30, 2018, proposed rule on “Strengthening Transparency in Regulatory Science,” as well as a leaked copy of EPA’s supplemental proposed rule that was published by the New York Times on November 11, 2019. (See Article)

    Nov 15, 2019 3:32 PM

  • Blog: How do investors use ESG?

    Last week, the SEC’s Investor Advisory Committee held a meeting focused in part on the use of environmental, social and governance information in the capital allocation process—how do investors use ESG information in making investment decisions? The panelists—an academic and several representatives of asset managers—all viewed ESG data as important to decision-making, particularly in relation to potential financial impact, even for investment portfolios that were not dedicated to sustainability. (See Article)

    Nov 15, 2019 3:32 PM

  • Proposed HSR Amendment Defines Foreign Person Exemption – Just as CFIUS Broadens Authority to Regulate Transactions with Foreign Persons

    On November 8, 2019, the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division proposed amendments to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) to clarify which transactions are exempt from the pre-merger notification requirement because they involve a foreign entity. (See Article)

    Nov 15, 2019 3:32 PM

  • No Country For Billionaires

    It occurred to me not long ago that every time my family has gone out to eat with my brother-in-law’s family, I pay the tab. There are three ways to look at this phenomenon. The first is that I have substantially more wealth than he does, so I can better afford it. The second is... (See Article)

    Nov 15, 2019 9:33 AM

  • Proxy Advisory Firms — The SEC Drops the Other Shoe

    On November 5, a divided Securities and Exchange Commission (“SEC”) proposed new rules about proxy advisory firms. The proposed rules would, if adopted, have three principal effects: Before a proxy advisory firm distributes its recommendations for a particular shareholder vote to its clients, it would be required to give a company an opportunity to comment... (See Article)

    Nov 15, 2019 9:32 AM

  • Where do we stand on nutrition and health claims?

    Published at FoodNavigator 7 November 2019 By Katia Merten-Lentz with the support of Manon Ombredane   How have the current EU regulations and health and nutrition claims evolved and where are they likely to go?   Fifteen years ago, products on sale in the European market could bear nutrition claims such as “90% fat free”,... (See Article)

    Nov 15, 2019 9:32 AM

  • Recall Roundup: October

    This month, our recall roundup includes an update on the US Senate Committee on Commerce, Science, and Transportation’s investigation into the CPSC’s data breach; guidance on the use of inclined infant sleep products; a warning about liquid nicotine; and information on 18 product recalls. (See Article)

    Nov 15, 2019 9:32 AM

  • CFPB Holds Symposium on Dodd-Frank Section 1071; Outlines Plan in Court Documents

    Last week — roughly 8 1/2 years after the CFPB published a letter to financial institutions promising to develop rules “expeditiously” — the CFPB held an information-gathering symposium on Section 1071 of the Dodd-Frank Act. Section 1071 amended the Equal Credit Opportunity Act to require that financial institutions collect and report information concerning credit applications... (See Article)

    Nov 15, 2019 9:32 AM

  • Join Me Tomorrow at the Milwaukee Bar Law & Technology Conference

    If you are in the Milwaukee area, the Milwaukee Bar Association’s annual Law & Technology Conference is tomorrow. I will be there, presenting the keynote on the ethical duty of technology competence and also moderating a panel on legal analytics that features views from the bench and bar. Below is the conference flier and you... (See Article)

    Nov 15, 2019 9:32 AM

  • Railroaded: Forced Arbitration Clause Should Alarm Nursing Home Residents

    When a family member moves into an assisted care facility, their new home is evaluated from many angles. What is the living space like? What are the staff qualifications? Have there been concerns raised in the past? Most likely, you aren’t considering the potential need for litigation. Yet among the many pages of admissions paperwork,... (See Article)

    Nov 15, 2019 9:32 AM

  • FCA consults on proposed 2020/21 regulatory fees and levies

    On 13 November 2019, the FCA published Consultation Paper 19/30: FCA regulated fees and levies: rates proposals 2020/21 (CP19/30). In CP19/30 the FCA consults on its periodic fees for the next financial year (1 April 2020 to 31 March 2021) and any proposed changes to application fees and other fees. The FCA also consults on the Financial... (See Article)

    Nov 15, 2019 9:32 AM