This advisory discusses how contractors must be cautious regarding the impact of the D.C. Circuit’s strike down of the NLRB’s notice-posting rule.
May 17, 2013
Advisories
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As with the Kolcraft settlement we reported on last month, the newest settlement for untimely reporting of a substantial product hazard announced by the CPSC included not only a civil penalty, but the establishment of an expansive compliance program as well. Although the Kolcraft settlement involved a children’s product, and the newly announced settlement with Williams-Sonoma involved a hammock intended for adults, the compliance programs that must be established under the settlement agreements are identical.
May 16, 2013
Publications
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This advisory discusses the U.S., Australian and UK tax authorities’ plan to share tax information regarding numerous trusts and other entities holding assets on behalf of residents throughout the world. The three countries have obtained a substantial amount of data, including information about the identities of individual owners and the advisors who helped them establish the structures. The announcement comes amid a flurry of anti-evasion activity spawned in large part by the Foreign Account Tax Compliance Act (FATCA).
The advisory also discusses how the IRS Offshore Voluntary Disclosure Program is not a guaranteed pass for taxpayers; relatedly, it also discusses how the practice of “quiet disclosures continues.
May 15, 2013
Advisories
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This advisory discusses the Department of Justice’s (DOJ) announcement that it had entered into a $500 million civil and criminal settlement with Ranbaxy USA, Inc. (Ranbaxy), the U.S. subsidiary of the largest generic drug manufacturer in India, Ranbaxy Laboratories Limited. Ranbaxy agreed to pay $350 million to settle a False Claims Act (FCA) lawsuit brought in Maryland by a whistleblower for allegedly selling to federal and state health care programs. This is the largest drug safety penalty imposed on a generic company.
May 14, 2013
Advisories
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This advisory discusses how on May 7, 2013, a panel of the United States Court of Appeals for the District of Columbia issued its opinion in National Association of Manufacturers v. NLRB, striking down the National Labor Relations Board’s (NLRB or the “Board”) 2011 rule requiring employers to post notices explaining employees’ rights under the National Labor Relations Act (NLRA). The rule would have required all employers subject to the NLRA to post a notice informing employees of their rights to unionize and go on strike, among other things.
May 14, 2013
Advisories
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“California Chemical Safety Rules Push Constitutional Envelop,” Law360, May 10, 2013.
May 10, 2013
Publications
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HIPAA’s “Omnibus Rule” (also referred to in this advisory as the “Rule”), published on January 25, 2013, modified many parts of the HIPAA regulations, including those that require notification of breaches of unsecured protected health information (PHI) by covered entities and their business associates (the “Breach Regulations”). This advisory discusses the Breach Regulations as modified by the Omnibus Rule. In this advisory, we will refer to the Breach Regulations, as modified by the Omnibus Rule provisions, as “Final Breach Rules.” Compliance with the Final Breach Rules, as is the case with most other Omnibus Rule provisions, is required by September 23, 2013.
May 8, 2013
Advisories
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This advisory discusses the first significant case in which a federal court has applied a patent owner’s commitment to license standards-essential patents (SEPs) on reasonable and non-discriminatory (RAND) terms and actually set a RAND royalty rate for the patent owner’s portfolio of SEPs for a particular standard.
May 6, 2013
Advisories
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At a recent D.C Bar Tax Section Corporate Tax Committee meeting, panelists—including a Treasury representative—discussed some of the Administration’s budget proposals in the corporate area, as well as pending guidance.
May 1, 2013
Advisories
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“Avoiding Conflicts of Interest and Self-Dealing for Family Foundation Boards,” National Center For Family Philanthropy, Passages Issue Brief 2, May 2013.
May 2013
Publications
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May/June 2013
Publications
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“A Look Ahead to Defined Contributions in Private Exchanges,” Healthcare Consumerism Outlook 2013, Annual Issue 2013.
2013
Publications
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Cathy Burgess, Laura Sierra and Guillermo Cuevas of the firm’s Food, Drug & Device/FDA Group, in coordination with the Food and Drug Law Institute (FDLI), have recently published How to Comply with cGMPs, a primer on standards for current Good Manufacturing Practice (cGMP) compliance.
May 1, 2013
Advisories
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April 30, 2013
Publications
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On October 15, 2013, the first of many Final Rules required to advance the Obama Administration’s Export Control Reform (ECR) initiative will take effect. The initial Final Rules promise to directly impact manufacturers, exporters and servicers of aircraft, gas turbine engines, and other aircraft parts and equipment. Their publication also represents a significant milestone in the overall regulatory reform effort that began almost four years ago and is now finally on the brink of implementation. Indeed, a hearing on the future of ECR held last week by the House Foreign Affairs Committee suggests that further progress lies ahead for the reform effort, as the Administration’s representatives from the Commerce, State and Defense Departments received a noticeably cooperative reception despite the concerns expressed by some Members. Thus, while the “four singularities” vision of ECR first announced by the President in 2009 remains an ambitious work in progress, a framework and path forward for what we now know to be achievable regulatory reform is finally clear. Accordingly, industry can begin to genuinely evaluate the challenges and opportunities ECR presents. Even if your company is not currently engaged in exports of aircraft equipment or USML items generally, Section III of this advisory outlines some basic steps all exporters should consider taking to adapt smoothly to the coming regulatory changes.
April 29, 2013
Advisories
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April 29, 2013
Publications
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This advisory discusses the Securities and Exchange Commission’s (SEC) announcement that it has entered into a non-prosecution agreement (NPA) with Ralph Lauren Corp. to resolve alleged violations of the Foreign Corrupt Practices Act by a wholly owned Argentinian subsidiary of the company. The NPA was the first ever entered into by the SEC in an FCPA matter. Ralph Lauren also entered into an NPA with the Department of Justice related to the same conduct. As part of the agreements, the company agreed to pay $1.6 million in total penalties, disgorgement and interest.
April 25, 2013
Advisories
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April 23, 2013
Publications
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This advisory discusses the Supreme Court’s opinion in Genesis Healthcare Corp. v. Symczyk, which held that where a named plaintiff’s individual Fair Labor Standard Act (FLSA) claims have become moot, her claims on behalf of “other similarly situated employees” are also moot because the plaintiff has no personal interest in representing others in the action.
April 22, 2013
Advisories
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