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Supreme Court Ruling on Critical Habitat in Dusky Gopher Frog Case
Schwabe, Williamson & Wyatt, December 2018

The Supreme Court has handed down one of the most anticipated Endangered Species Act (ESA) rulings in recent years. In Weyerhaeuser Co. v. U.S. Fish and Wildlife Serv., the Supreme Court unanimously overruled the Fifth Circuit Court of Appeals, holding that the Fish and Wildlife Service can only designate property that is “habitat” as critical habitat under the ESA...

Confidentiality Under Renewed Focus
Afridi & Angell, December 2018

The UAE federal government has recently issued a raft of important legislation, addressing and in many ways updating areas of law that are key to businesses in the jurisdiction. Amongst this legislation is Federal Decree-Law 14 of 2018 concerning the central bank and the organisation of financial institutions and activities (the New Banking Law) and Federal Decree-Law 20 of 2018 concerning anti-money laundering and anti-terrorism financing (the New AML Law)...

EU: Geo-Blocking Regulation Enters Into Force
Simonsen Vogt Wiig AS, December 2018

Regulation (EU) 2018/302 of February 28, 2018, on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market (the "Regulation") came into force, December 3, 2018. The Regulation seeks to increase access for customers in the EU and EEA to goods and services by preventing unjustified geo-discrimination due to the customer's nationality, place of residence or establishment...

New California Employment Laws to Take Effect in January 2019 and Beyond
Dykema, December 2018

As in previous years, the California legislature kept busy in 2018. As a result, a number of new and noteworthy employment laws will go into effect on January 1, 2019, and beyond. Much of the legislation stems from the #MeToo movement by strengthening harassment and discrimination protection, imposing broader anti-harassment training obligations, updating lactation accommodations and mandating female presence on boards of public companies...

Starwood Data Breach Serves as Wakeup Call to Tennessee Bars, Hotels and Restaurants
Waller, November 2018

We suspect that thousands of Tennessee restaurants, hotels, bars and other hospitality businesses gather personal information from their customers for marketing purposes.   It’s just a birthdate, address, anniversary, spouse’s name – good stuff to know, right? That’s all fine and dandy until some hacker steals the information.  Marriott’s disclosure that 500 million Starwood Hotel guests’ personal data was stolen should be a wakeup call...

SEC Takes Aim at Cybersecurity Disclosures
Dykema, December 2018

In February of this year, the Securities Exchange Commission issued its updated Statement and Guidance on Public Company Cybersecurity Disclosures. In April, the SEC issued an Order that, among other things, levied a $35 million fine against Yahoo! Inc. for failing to properly report a 2014 data breach. These actions support the view that the SEC is consciously committing attention and resources to cybersecurity issues affecting public companies...

Why Ireland Deserves Its Place as a Global Leader in the Aviation Sector
A&L Goodbody, November 2018

Ireland is a key global hub for aviation finance and leasing, having almost 50 years' experience in the sector. Recent reports forecast that the Irish aviation sector will see growth of over 20 per cent in aircraft assets from 2016 to 2021. Aviation finance and leasing is a global industry with investment into Ireland mainly coming from the US, Europe and Asia. Ireland’s aviation finance and leasing sector was a 'disruptive' industry in Ireland long before the term was even coined...

How to Prepare for the 2019 Nursing Home Compliance Program Mandate
Dinsmore & Shohl LLP, November 2018

The deadline for meeting the previously issued nursing home compliance mandate is approaching. The Centers for Medicare & Medicaid Services (CMS) issued the mandate in 2016 and gave facilities three years to become compliant. On November 28, 2019, skilled nursing facilities (SNF) and nursing homes will be required to adopt and implement a compliance program as a condition for participation in Medicare and Medicaid...

International Scope of the GDPR
Heuking Kühn Lüer Wojtek, November 2018

The large number of vague terms as well as provisions requiring interpretation in the GDPR create significant application issues for companies. However, it becomes even more of a challenge if companies not established in the EU want to review whether the GDPR is applicable to them. Generally speaking, the European legislator set themselves the goal of creating the most extensive territorial scope of the GDPR possible...

Department of Education Proposes New Title IX Regulations
Dinsmore & Shohl LLP, November 2018

Educational institutions (“recipient” or “recipient institutions”) have been waiting for the Department of Education to issue formal Title IX regulations after it issued interim guidance in September 2017.  This interim guidance rescinded previous Obama-era guidance that called for strict enforcement of Title IX and indicated that new formal guidance would be forthcoming...

What's Past is Prologue: Applying Lessons from the Financial Crisis to the Future of eMortgage and eNote Litigation
Dykema, November 2018

In the fallout from the 2008 financial crisis, courts across the United States were inundated with litigation challenging the legitimacy of mortgages, notes, and the records purporting the transfer or assign them...

New Anti-Money Laundering Law
Afridi & Angell, November 2018

The new anti-money laundering (AML) law of the UAE took effect at the end of October 2018. Containing features recommended by the Financial Action Task Force (FATF), the new law introduces subtle but important changes to the AML landscape in the UAE. The new law was enacted as Federal Decree-Law 20 of 2018. The previous AML law was Federal Law 4 of 2002, as amended by Federal Law 9 of 2014, and the implementing regulations that were promulgated pursuant to Cabinet Resolution 38 of 2014...

The Luxembourg Registers of Beneficial Owners ("BOs") Expected Soon, So Get Ready!
Arendt & Medernach, November 2018

The enactment of EU Directive 2018/843 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (the "5th AML Directive") (AML 5 – key aspects and changes) has prompted the Luxembourg government to accelerate the final implementation process of EU Directive 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist

CMS Announces Section 1115 Waiver Allowing Medicaid Payments for Inpatient Mental Health Treatment
Dinsmore & Shohl LLP, November 2018

In a letter to state Medicaid directors on Nov.13, 2018, the Secretary of the U.S. Department of Health and Human Services, Alexander Azar, announced a new demonstration opportunity that will allow states to provide improved care for adults with a serious mental illness (SMI) and children with serious emotional disturbance (SED)...

Serbia Enacts a New Data Protection Law
Karanovic & Nikolic, November 2018

In light of the new EU data protection scheme, shaped by the GDPR, Serbia has enacted a new Data Protection Law earlier this year, with its' applicability postponed for 21 August 2019. The new law was long-awaited: it has been 10 years since the existing law was passed, which was even at that moment already outdated (e.g. it recognized only consent in the written form and almost completely restricted data transfers to non-European countries)...

BIS Requests Public Comment on Emerging Technologies to be Subject to Increased Export Controls
Dinsmore & Shohl LLP, November 2018

On Nov. 19, 2018, the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce issued an Advance Notice of Proposed Rulemaking[1] requesting public comment on criteria for identifying emerging technologies essential to U.S. national security that would be subject to increased export controls...

What do Hurricanes, Tornadoes, Blizzards, Floods, Wildfires and Earthquakes all have in Common?
Dykema, November 2018

Obviously, they are all natural disasters that climate scientists believe will increase in severity and intensity in the coming years. And they are all events that nursing homes and assisted living facilities (and all Medicare/Medicaid certified health care providers) are legally required to prepare for in order to protect their residents and patients. More pointedly, though, they are all events which the U.S...

Importance of the Effective Collection of Real Mortgage Loan
Morgan & Morgan, November 2018

The loan agreement secured by mortgage is a legal and financial concept that has undoubtedly been a pillar of world economic progress. Hence, the Supreme Court of Justice of Panama in some of its judgments has given it its importance as part of the economic public order...

GDPR Non-Compliance May Adversely Affect the Outcome of the Annual Financial Statement Audit
Heuking Kühn Lüer Wojtek, November 2018

When auditing annual financial statements, auditors are required to draw attention to risks that potentially threaten the company. Such risks can result for example from failure to implement the EU General Data Protection Regulation (GDPR) that has been in force since May 25, 2018. Given the substantial fines envisaged in the GDPR, these risks can result in high provisions, in the worst case in refusal on the part of the auditor to issue an unqualified audit opinion...

FDA Proposes Changes to Clinical Trial Informed Consent Rules
Dinsmore & Shohl LLP, November 2018

On November 15, 2018, the Food and Drug Administration (FDA) published a Proposed Rule, which, if finalized, will allow an institutional review board (IRB) to waive or alter certain informed consent requirements if a clinical trial poses minimal risk to human subjects and includes appropriate safeguards to protect the rights, safety, and welfare of those human subjects...

The New Foreign Direct Investment Law - United Arab Emirates
Afridi & Angell, November 2018

News of a new federal law on foreign direct investment in the UAE has many people asking: “Does this mean I can now form a new company with majority foreign ownership?” The answer is the same as previously, “No, not yet”. Companies incorporated in the UAE require a minimum of 51 percent UAE ownership. As an exception to this rule, 100 percent foreign ownership is permitted in free zones. The new law may lead to further exceptions in the future...

The Battle Between The Taxi Industry and The e-Hailing Operators
Shearn Delamore & Co., November 2018

The introduction of the e-hailing system had changed the landscape of public transport in Malaysia and, at the same time, intensified the competition in the taxi industry. Whilst the taxi industry was subject to specific regulatory requirements there was previously no express law to regulate the operation of the e-hailing system...

OIG Ramping Up Enforcement Actions Against Dental Practices
Dinsmore & Shohl LLP, November 2018

In the last quarter of 2018, the Office of the Inspector General (OIG) announced that ImmediaDent of Indiana, LLC (ImmediaDent), which operates nine dental care practices, and Samson Dental Partners, LLC (SDP), which provides administrative support to Immediadent, have agreed to pay the United States and the state of Indiana $5.1 million to resolve allegations that they improperly billed Indiana’s Medicaid program...

Inland Revenue Board Issues Updated Tax Investigation Framework in 2018 - Malaysia
Shearn Delamore & Co., November 2018

  “Tax investigation” entails an examination of a taxpayer’s business books, records, and documents as well as his personal documents to ensure that the correct amount of income is reported and tax is calculated as well as paid by the taxpayer...

DOL Cancels 80/20 Rule for Tipped Employees
Dinsmore & Shohl LLP, November 2018

In the last quarter of 2018, the Department of Labor (DOL) issued an opinion letter ending what had become known as the “80/20 rule” for tipped employees. The new rule, which eases restrictions on an employer’s application of the tip credit, is a reissuance of a 2009 opinion letter that had been supplanted by contrary guidance since 2011...

The Valuers, Appraisers and Estate Agents (Amendment) Act 2017 - Malaysia
Shearn Delamore & Co., November 2018

 The Valuers, Appraisers and Estate Agents (Amendment) Act 2017(“Amendment Act”), which came into force on in the beginning of 2018, amended the Valuers, Appraisers and Estate Agents Act 1981 (“Principal Act”) by inserting, among others, a new Part VB which relates to property managers...

Application for an Anti-Suit Injunction: Dismissed
Afridi & Angell, November 2018

In an order dated at the end of 2018, the DIFC Court accepted that a party seeking an anti-suit injunction against proceedings in a foreign court must show that proceeding before the foreign court is or would be “vexatious or oppressive” to that party...

The Importance of Registering A Franchise With the Registrar of Franchises - Malaysia
Shearn Delamore & Co., November 2018

This case highlights the importance of registering a franchise with the Registrar of Franchises and the consequences of not doing so. In particular, the effect and applicability of section 6(1) of the Franchise Act 1998 (“FA 1998”) are discussed. Facts The subject matter was “Dr. Fong’s Method” of teaching mathematics to students in primary and secondary school, which was developed by Dr. Fong Ho Kheong (“Dr. Fong”). Dr...

Impact of the 2018 Midterm Elections
Dykema, November 2018

What Does it All Mean? With the new Democratic House majority and Republicans maintaining control of the Senate, Washington, D.C., now enters a period of divided government in the run up to the 2020 presidential election. Democrats and Republicans, including President Trump, will have to compromise on a budget and impending debt limit and sequestration, as well as spending levels for the coming fiscal years in order to avoid a government shutdown...

Breach of Natural Justice Under the Construction Industry Payment and Adjudication - Malaysia
Shearn Delamore & Co., November 2018

The Construction Industry Payment and Adjudication Act 2012 (“Act”) was introduced to address cash flow issues affecting contractors in the construction industry as a result of delays and/or lengthy periods of payment under construction contracts. Under the Act, an unpaid party [1] is entitled to initiate an adjudication proceeding in order to claim any amounts due and/or owing to them under a construction contract...

Proposed Rule Would Require Ohio Providers to Accept Standard Authorization Form for Use and Disclosure of Protected Health Information
Dinsmore & Shohl LLP, November 2018

Recently, the Ohio Department of Medicaid (ODM) proposed the adoption of Ohio Administrative Code 5160-1-32.1 (the Proposed Rule), which provides two standard authorization forms for the use and disclosure of protected health information (PHI). The standard forms are designed to comply with both the HIPAA privacy rule (45 C.F.R. § 164.508) and 45 C.F.R. Part 2, which covers certain substance abuse treatment information...

Insider Dealing - Deal or No Deal
Deacons, November 2018

In the Court of Appeal (CA) decision of Securities and Futures Commission v Cheng Chak Ngok (CACV 95/2017; [2018] HKCA 590), the less disputed element of insider dealing, namely the element of “dealing” was at issue. As there was no direct evidence showing the dealing in this case, the issue was whether the circumstantial evidence was sufficient to draw inferences that there was in fact dealing in the relevant shares...

Korean Tax Reform: Opportunities and Challenges for Foreign Companies and Investors
Lee & Ko, November 2018

The Korean Ministry of Strategy and Finance (‘‘MOSF’’) has finalized the changes to the Presidential Decree of Korean tax laws (‘‘2018 PD Amendments’’) which will be of particular interest to foreign companies with business and foreign nationals residing in Korea...

China Passes New E-Commerce Law - A "Safe Harbour" With Chinese Characteristics
Deacons, November 2018

In less than a decade, China has become the largest e-commerce market in the world, accounting for over 40% of global e-commerce according to a recent report by McKinsey. The breath-taking speed of development has left law makers scrambling to regulate the booming e-commerce industry...

Battling for The Knowledge That Controls The Car
Simonsen Vogt Wiig AS, November 2018

The value of the car is no longer merely associated with the car body, its engine or other material parts. Substantial value is found in the knowledge that controls the car – knowledge that does not only steer the car, but which may form the basis for maintenance and repairs planning, computing insurance premiums or indicating who is liable in the case of damage...

Concerns Over Video Game Gambling Continue to Grow
A&L Goodbody, November 2018

The Gambling Policy Division of the Irish Department of Justice has joined 14 other gambling regulators from around the globe in signing an International Declaration expressing concern about gambling in video games. The regulators presented a united front in addressing the "blurring of lines between gambling and other forms of digital entertainment". The increasing presence of gambling in the video gaming world has been raised as a growing concern...

Manufacturer CMP and 340B Ceiling Price Rule to Become Effective on January 1, 2019
Dinsmore & Shohl LLP, November 2018

Today the Health Resources and Services Administration (HRSA) issued a notice of proposed rulemaking (NPRM) that will end HRSA’s delays in implementing a January 5, 2017 final rule concerning 340B drug price calculations and civil monetary penalties (CMPs) against manufacturers who knowingly and intentionally overcharge 340B covered entities for 340B drugs (the Final Rule)...

EU Fintech Update: UK Cryptoassets Taskforce Publishes Final Report on Cryptoassets and DLT
A&L Goodbody, November 2018

Earlier this week, the UK Cryptoassets Taskforce published its Final Report on cryptoassets and distributed ledger technology (DLT). The Taskforce – which includes representatives from HM Treasury, the UK Financial Conduct Authority (FCA) and the Bank of England – was established in March 2018 to analyse and assess the risks and potential benefits of cryptoassets and DLT and “set out the path forward with respect to regulation [of these areas] in the UK”...

#NotHere: 5 Steps to Prevent Harassment in the Workplace in Wake of the #MeToo Movement
Dinsmore & Shohl LLP, November 2018

One year later, the #MeToo movement has caused a seismic cultural shift in American society and in the workplace. It continues to gain momentum and attracts wide-sweeping media coverage keeping the issue of sexual misconduct against women at the forefront of our national dialogue...

Modern Slavery Update
A&L Goodbody, November 2018

"Slavery remains a reality in the modern world. Children, men and children are being exploited in our towns, communities and businesses every day. The victims are hidden from view and many people may never know this cruel practice is taking place on their streets and under their noses". Rt Hon Sajid Javid MP, Home Secretary, October 2018...

Obstacles to IPOs Faced by Life Sciences Companies
Lowenstein Sandler LLP, October 2018

Initial public offerings (IPOs) are often seen as attractive by business owners in the life sciences or biotech field, writes Alan Wovsaniker, a partner with Lowenstein Sandler, in an Expert View column on the topic. The need for capital in a life sciences business tend to be great, as the cost to develop new drugs, therapies or medical devices is extremely expensive and it takes many years to receive regulatory approval to market and sell such drugs, therapies or medical devices...

New California Employment Laws For 2019
Hanson Bridgett LLP, October 2018

Governor Brown signed into law a number of bills, which significantly impact employers. Unless otherwise indicated, each new law takes effect the begining of 2019. For an in-depth analysis of how each law might affect your organization, contact one of Hanson Bridgett's experienced labor and employment lawyers...

Shipowners' Choice of Vessel Flag
Simonsen Vogt Wiig AS, October 2018

Shipowners often face the decision as to which flag they should fly on their vessel. Several factors may influence the choice of flag. The shipowner's decision as to which flag they should fly on their vessel must be made when an owner is: registering a new build; changing flag in connection with a sale and purchase transaction; or concluding a bareboat contract...

SCOTUS Changes To Sales Tax Will Ripple Through to PE, VC & M&A Deals Involving Retailers
Lowenstein Sandler LLP, October 2018

Retailers have taken note of the dramatic shift in state sales tax law emerging from one of Justice Anthony Kennedy’s last Supreme Court decisions. As different states announce legislative and regulatory changes throughout the summer, retailers are scrambling and we’re now seeing the impact in venture capital, private equity, and merger and acquisition transactions involving commerce companies. On June 21, 2018 the U.S. Supreme Court decided South Dakota v...

Netting Arrangements in Qualified Financial Contracts Made Enforceable
Afridi & Angell, October 2018

For decades, banks and other counterparties in the UAE have obtained financial services from foreign financial institutions. Industry bodies, such as the International Swaps and Derivatives Association (ISDA), the International Capital Market Association and the International Securities Lending Association, have developed standard documentation for these kinds of transactions...

How is Project Insurance Coverage Affected by a Sub-Contractor Having its Own Insurance Coverage?
Deacons, October 2018

In Haberdashers’ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd [2018] EWHC 558 (TCC), England’s Technology and Construction Court had to decide on the extent of coverage (or inclusion) of a project insurance policy for a construction project and how that coverage was affected by a sub-contractor having its own insurance cover...

New Services by Dubai Rental Disputes Centre
Afridi & Angell, October 2018

Launch of the New Rental Good Conduct Certificate Service On 8 October, the Rental Disputes Centre in Dubai launched the Rental Good Conduct Certificate service. This service is a first-of-its-kind initiative in the world. We set out below what the service will provide and how to access it...

Scotland in 2050: Life Sciences - Growth Ambitions and the Challenges Ahead
Shepherd and Wedderburn LLP, October 2018

From ground-breaking discoveries such as penicillin and insulin, to the development of the MRI body scanner and the creation of Dolly the sheep, the first mammal to be cloned from an adult cell, Scotland has long punched above its weight in life sciences and pharmaceuticals, but how do ensure this continues? Recognising the strength of these sectors, but also the ever-changing political, cultural and economic times in which we live, Shepherd and Wedderburn has commissioned the Universit

Back to the Old Regime: The DOJ’s Criminal Division’s Newest Compliance Approach
Dykema, October 2018

Assistant Attorney General Brian A. Benczkowski spoke at the NYU School of Law towards the end of 2018 where he announced new guidelines regarding the procedures governing corporate compliance and monitorships...

SUPPORT Act Expands Telehealth Treatment for Substance Use Disorders
Dinsmore & Shohl LLP, October 2018

In a rare bipartisan and bicameral compromise, Congress has passed the “Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act,” shortened to the “SUPPORT Act.” The bill was signed by President Trump on October 24, 2018...

 

 

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