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, May 21st
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Charles Russell: Updated QCA Corporate Governance Code for Small and Mid-Size Quoted Companies
Nabarro: Landlord ordered to repay apportioned rent after break date
Clyde & Co: UK Residence and Domicile: Including new rules for UK Residence from April 2013
Clifford Chance: SFC proposes to amend Professional Investor Regime and Client Agreement Requirements
Clifford Chance: The week at the UK regulators
Ashurst: Innovations introduced by the Draft Savings Banks Bill
Gibson Dunn: Supreme Court Round-Up: A Summary of Recent Opinions, Upcoming Arguments, and Other Developments
Bryan Cave: U.S. Sanctions Against Syria
Bryan Cave: DOL Releases Temporary Guidance on Employer-Provided Health Exchange Notice and Model Exchange and COBRA Notices
Jackson Lewis: Comp Time Bill Passes House, Heads for Senate
Proskauer: Minnesota Joins a Handful of Other States and Cities to "Ban the Box" for Private Employment
Proskauer: NYSDOL Issues Proposed Wage Deduction Regulations
Vinson & Elkins: Recent Reminders that Employers with Non-Unionized Workforces Face Union Issues
Bingham: Hold That Sneeze: Paid Sick Time Likely Coming to New York City Next Year
Bingham: Scope of CFAA Violations Remains in Debate
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Industry
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Advertising & Marketing
Arent Fox: Steve Madden Settles TCPA Cass Action for Up to $10 Million After Texting Customers
Ropes & Gray: FCC Rules Sellers May Be Vicariously Liable for Third-Party Telemarketers’ Violations of Telephone Consumer Protection Act
Troutman Sanders: FCC Ruling: Companies Can Be Held Vicariously Liable Under the TCPA for Actions Taken by Third-Party Vendors
Wiley Rein: FCC Clarifies that a Seller May Be Held Vicariously Liable for the TCPA Violation of Its Telemarketing Firm
Charities & Non-Profits
Quarles & Brady: IRS Final and Temporary Regulations for Type III Supporting Organizations: The Integral Part Test for Functionally Integrated Type III Supporting Organizations
McGuireWoods: 2012 Changes to the Form 990 for Exempt Organizations
Buchanan Ingersoll & Rooney: Deferred Compensation Planning Opportunities for Executives of Tax-Exempt Entities
Greenberg Traurig: New York Attorney General to Impose Expansive New Disclosure Requirements on Not-for-Profit Organizations Making Political Expenditures
Consumer Financial Services
Venable: CFPB Targets Service Provider in Real Estate Kickback Enforcement Action
Greenberg Traurig: CFPB Makes First Preemption Determinations on State Unclaimed Property Laws Relating to Gift Cards
Greenberg Traurig: The Consumer Financial Protection Bureau, Week in Review: May 6-10, 2013
Morrison Foerster: Further Setback for the CFPB Director’s Authority? [NLRB v. New Vista Nursing and Rehabilitation]
Education
Skadden: Exempt and Nonprofit Organizations Alert: IRS Addresses UBTI and Executive Compensation Issues
Crowell & Moring: IRS Details College and University Audit Issues
Morgan Lewis: IRS Issues Final Report on Colleges and Universities Compliance Project
Hunton & Williams: Unrelated Business Income and Executive Compensation: Final Report on Tax-Exempt Colleges and Universities Compliance Project Provides Guidance for All Nonprofits
Energy: Renewable & Alternative
Chadbourne & Parke: IRS Speaks on Start of Constructions
Mayer Brown: Production Tax Credit for Wind Energy and Bonus Depreciation Extended, Cuts to Section 1603 Cash Grant Program Delayed
Winston & Strawn: Update Regarding “Binding Contracts” For Purposes of Internal Revenue Service Notice 2013-29
Ballard Spahr: IRS Construction Deadline Guidance Highlights Disparate Treatment of Renewable Energy Technologies
Food & Agriculture
Covington & Burling: Institute of Medicine Releases Report on Sodium Intake Assessment
Faegre Baker Daniels: Farm Bills Pass House and Senate Agriculture Committees
Goodwin Procter: Food Labeling Litigation: Recent Decisions on Preemption and Primary Jurisdiction
Faegre Baker Daniels: Harvest or Fallow Time for Farm Bill Reauthorization
Hospitality & Gaming
Perkins Coie: Software Developer Accused of Aiding and Abetting Illegal Gambling
Pillsbury: FTC Warns Hotels Against Providing Price Quotes That Lack Mandatory Taxes and Fees
Pillsbury: Tips for Restaurant Insurance Claims in the Aftermath of Superstorm Sandy
Ballard Spahr: Hotel Franchisor Challenges FTC's Expanded Enforcement Efforts Targeting Franchise System's Data Security and Privacy Policies
Medical Devices
K&L Gates: FTC Rules that “Randomized Clinical Trial” Evidence is Necessary to Support Advertising Claims for Juice Beverage and Related Products
Greenberg Traurig: CMS Issues Final "Sunshine" Rule, Establishing New Reporting Requirements for Drug and Device Makers and Some GPOs
Holland & Knight: Controversial U.S. Medical Study Raises Informed Consent Questions
Paul Hastings: CMS Issues Final Rule Interpreting The Physician Payment Sunshine Act
Pharma & Life Sciences
Venable: Plan B: A Politically Toxic Drug (Politics vs. science in the "morning after" pill debate)
Crowell & Moring: Recent Happenings in Advertising & Product Risk Management - April 2013
McDermott Will & Emery: IRS Capitalized Legal Fees Incurred by Pharmaceutical Company
Simpson Thacher: The Supreme Court Hears Oral Arguments on the Proper Antitrust Standard Governing Reverse-Payment or So-Called “Pay for Delay” Agreements Between Brand and Generic Pharmaceutical Companies
Registered Investment Funds & Broker-Dealers
Bingham: FINRA Issues New Guidance for Broker-Dealer Communications Regarding Real Estate Investments
Morrison Foerster: Investment Management + Legal Regulatory Update
Morrison Foerster: FINRA Focuses on Anti-Money Laundering Procedures and Red Flags
Davis Polk: Investment Management Regulatory Update
Automotive
Day Pitney: No Cure Opportunity Required Where Auto Dealer's Breach is Incurable [Giuffre Hyundai, LTD v. Hyundai Motor America]
Wiley Rein: Federal Distracted Driver Guidelines for Auto Manufacturers Set the Stage for Regulation of Mobile Devices and Tablets in Cars
Squire Sanders: Are You The Next Target? DOJ’s Auto Parts Criminal Investigations Expand
Crowell Moring: NHTSA Proposes Rule To Pump Up The Volume Of Electric And Hybrid Vehicles
Chemicals
Squire Sanders: California’s Green Chemistry Initiative Has a Long Reach
Squire Sanders: US Government Accountability Office Recommends More Aggressive TSCA Efforts by US EPA
Nixon Peabody: California's green chemistry regulations of consumer products inch closer to completion
Hunton & Williams: Department of Homeland Security Requests Comments on New Information Collection Requirements for CFATS Personnel Surety Program
Defense
Mayer Brown: United States Institutes New Rules on Exports of Encryption Products
Covington & Burling: Amendments to the Encryption Provisions of the Export Administration Regulations Transform the Existing Product-By-Product “Review-and-Wait” Procedures to a Streamlined “Registration-and-Annual-Report” Process
Sandler, Travis & Rosenberg: BIS Eases Export Controls on Encryption Products
Pillsbury: Commerce Department Reduces Burden of Encryption Export Controls
Energy: Oil & Gas
Jones Day: Department of Energy Approves Freeport Application to Export LNG to Non-Free Trade Agreement Countries
Day Pitney: DOE Ends LNG Export Approval Moratorium
DLA Piper: DOE approves company’s LNG exports to non-free trade countries, still signals it will move with caution
Locke Lord: Department of Energy Issues Second Authorization to Export LNG to Non-Free Trade Agreement Countries
Entertainment, Media & Sports
Jackson Lewis: New NCAA Rules Aim at Holding Coaches Accountable
Pillsbury: Real People in Video Games: When Does the 1st Amendment Trump the Right of Publicity?
DLA Piper: IOC agrees practical steps in fight against illegal betting in sport
Kelley Drye: Tamkin Clarifies the Anti-SLAPP "Public Interest" Requirement for Entertainment Media Content Providers
Health & Healthcare Facilities
Bryan Cave: DOL Releases Temporary Guidance on Employer-Provided Health Exchange Notice and Model Exchange and COBRA Notices
McDermott Will & Emery: Florida Medical Record Disclosure Law Preempted by HIPAA
K&L Gates: The Affordable Care Act's Marketplace Notice: What Employers Need to Know
Faegre Baker Daniels: CMS Offers $1 Billion for New Ideas
Insurance & Reinsurance
Bryan Cave: DOL Releases Temporary Guidance on Employer-Provided Health Exchange Notice and Model Exchange and COBRA Notices
K&L Gates: The Affordable Care Act's Marketplace Notice: What Employers Need to Know
Lowenstein Sandler: Model Notices Issued to Meet Affordable Care Act Requirements – Notices Must Be Issued By October 1, 2013
Kaye Scholer: Employers Must Provide Affordable Care Act Notice to All Employees By October 1, 2013, According to Department of Labor Guidance
Mining
Jones Day: New Legal Developments on the Horizon for Foreign Mining Companies in Zimbabwe
Norton Rose: Mining in Turkey - Ten things to know
McGuireWoods: Extractive Industry Continues to be a Focus of Anticorruption Enforcement
Perkins Coie: Ninth Circuit Clarifies NEPA Supplementation Requirements and Rules That Mining Plans of Operations Do Not Expire After Temporary Closures
Private Equity
Hogan Lovells: Scope of implementation of the AIFM-directive in national law
Norton Rose: Refinancing German property loans securitised via CMBS
Debevoise & Plimpton: Holding the Defensive Line: Delaware Court Rejects Extension of Warn Act Liability to Private Equity Sponsor
Dechert: Irish Central Bank Opens Its Door for AIFMD Business
Retail
Squire Sanders: Global M&A Series: Consumer & Retail 2013
Ropes & Gray: Visa/MasterCard Interchange Fee Litigation – May 28, 2013 Deadline to Respond to Class Action Settlement Agreement
Sidley Austin: Developing Solid Compliance Programs for Retailers: Challenges and Benefits
Perkins Coie: The Retail Point of Sale Goes Mobile
Aviation
Construction & Engineering
Crowell & Moring: Stormwater Report: Supreme Court Holds That Stormwater Discharges From Logging Roads Do Not Require Clean Water Act Permits; Federal District Court Rejects a Similar Stormwater Citizen Suit Against A Utility
Cozen O'Connor: Supreme Court Willing to Reconsider Deference to Administrative Agencies
Latham & Watkins: Rethinking the Point/Nonpoint Source Distinction for Stormwater Permits
Holland & Knight: Supreme Court Upholds EPA's Logging Road Exception from Clean Water Act NPDES Permitting
E-Commerce
Greenberg Traurig: Will a Maryland Court Enforce an Arbitration Clause in a “Click-Wrap” Agreement?
Perkins Coie: Software Developer Accused of Aiding and Abetting Illegal Gambling
Andrews Kurth: Second Circuit Clarifies E-Commerce Contract Formation Requirements [Schnabel v. Trilegiant Corp]
Shoosmiths: Combating spam tactics: How to stay on top
Energy: Electric & Nuclear
Troutman Sanders: Washington Energy Report
Cadwalader: FERC Commissioners Receive ISO/RTO Gas-Electric Coordination Reports at Open Meeting, Significant Issues Remain
Day Pitney: Appeals Court Upholds FERC's ROE Approach
White & Case: Summary of FERC Meeting Agenda for May 16, 2013
Financial Services
Hedge Funds
Hogan Lovells: Scope of implementation of the AIFM-directive in national law
Dechert: Irish Central Bank Opens Its Door for AIFMD Business
Paul Hastings: Hedge Fund Report - Summary of Key Developments - Spring 2013
Herbert Smith Freehills: AIFMD briefing: Back to basics on scope and marketing following the Commission's Q&A and the FCA's CP13/9
Manufacturing
Duane Morris: Manufacturers Beware: DOE's Program of Compliance with Energy and Water Conservation Standards Comes to Life!
Kelley Drye: Environmental Health and Safety Disaster Response Considerations for Manufacturing and Industrial Facilities
Alston + Bird: DOE Energy Conservation Investigations
Mayer Brown: Obama Administration Promotes CHP to Increase Industrial Energy Efficiency
Mutual Funds
Dechert: So You Want to be a Mutual Fund Manager
Drinker Biddle: Thoughts for Fund Directors: 2013
Dechert: UCITS V Bonus Plans and Remuneration Rules for Fund Managers
Crowell & Moring: SEC Investment Management Division Issues Guidance Concerning Social Media and Filing Requirements for Mutual Funds
Real Estate & Development
Wilson Sonsini: Innovations and Opportunities in Energy Efficiency Finance
K&L Gates: Turning Lemons into Lemonade: Doing Real Estate Business with the Federal Government in These Challenging Economic Times
Morrison Foerster: FINRA Identifies Concerns with Marketing of Real Estate Investment Products
Nixon Peabody: The administration's FY2014 budget, sequestration, and what it means to you
Shipping & Transport
Venable: FMC Approves Proposed Rewrite of OTI Regulations
Blank Rome: Key Salvage Issues for 2013 – And Beyond…
Blank Rome: Jumping off the Fiscal Cliff? It's More of a Downward Slope for Maritime, Transportation, and Energy Programs
Thompson Hine: STB Seeks to Expand Use of Arbitration and Mediation