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United States: CMS Finalizes Medicare SNF PPS Rates And Policies For FY 2020 - Reed Smith

The Centers for Medicare & Medicaid Services (CMS) has published its final rule updating the Medicare skilled nursing facility (SNF) prospective payment system (PPS)
Mondaq - Published

United States: Use Cabinet Alerts For Regulatory Change Management (Video) - Cadwalader, Wickersham & Taft LLP

Regulatory change increases overhead expense for financial institutions. The Cabinet "Alerts" tool allows firms and individuals to track regulatory
Mondaq - Published

United States: CME Group Issues Fines And Suspension For Trade Practice Violations - Cadwalader, Wickersham & Taft LLP

CME issued fines and suspensions against two brokers and a futures brokerage firm for separate trade practice violations.
Mondaq - Published

United States: Public Alternative Funds Archive - August 15, 2019 - Kramer Levin Naftalis & Frankel LLP

Public Alternative Funds Archive - August 15, 2019
Mondaq - Published

United States: The State AG Report Weekly Update August 15, 2019 - Cozen O'Connor

Four AGs, led by Virginia AG Mark Herring, reached a settlement with Hearts 2 Heroes Inc., d/b/a Active Duty Support Services Inc. and its owners
Mondaq - Published

United States: DHS's Final EB-5 Regulations: What Stakeholders Need To Know - Mintz

The Department of Homeland Security (DHS) has published final regulations that change some of the key features of the EB-5 Program
Mondaq - Published

United States: A Bit More Sunshine: CMS Proposes Collecting Additional Information On Manufacturer Payments Under The Open Payments Program - Hogan Lovells

Device and drug manufacturers got a small surprise in the annual Physician Fee Schedule proposed rule (at 40,713-16) issued late in July by the Centers for Medicare & Medicaid Services (CMS)
Mondaq - Published

United States: More States Are Banning Salary History Questions - Fisher Phillips LLP

A growing number of states and cities are banning questions about an applicants salary history. The move is designed to help close the pay gap by stopping new salaries from being set off
Mondaq - Published

United States: Reduction In Leniency; Drop In Enforcement? - Shearman & Sterling LLP

Leniency programs have been one of the most effective tools for cartel prosecution over the past two decades.
Mondaq - Published

United States: Proposed Additions Of Chemical Families To Schedule 1 Of Chemical Weapons Convention And BIS Requests For Comments From Chemical, Biotechnology And Pharmaceutical Companies - Hogan Lovells

On 14 August 2019 the U.S. Department of Commerce published a proposed change to the list of "Schedule 1" chemicals in the "Annex on Chemicals" to the Chemical Weapons Convention (CWC).
Mondaq - Published

United States: Florida: Changes To The State Patient Brokering Act - Foley & Lardner

This is an uncomfortable summer for health care providers in Florida! The legal landscape changed dramatically over the 4th of July holiday.
Mondaq - Published

United States: TMDL β€” It Means Total Maximum Daily Load. Literally. - Foley Hoag LLP

Because the District's TMDLs did not conform to the plain meaning of the words "Maximum" or "Daily."
Mondaq - Published

United States: Questions Loom Over Possible Gig Economy Solution In 2019 California Legislature - Fisher Phillips LLP

A California State Senate leader may have thrown cold water on the idea that we will see a 2019 legislative solution to the misclassification debate that would preserve the gig
Mondaq - Published

United States: DOT Publishes Proposed Changes To Hours Of Service Regulations For Commercial Motor Vehicle Drivers - Seyfarth Shaw LLP

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) published this week a notice of proposed rulemaking (NPRM) on changes to "hours of service"
Mondaq - Published

United States: NLRB Proposes Amendments Promoting Employee Free Choice In Representation Matters - Holland & Knight

The National Labor Relations Board (NLRB) has proposed amendments to its rules and regulations that will enhance employee freedom of choice in representation matters
Mondaq - Published

United States: 2019 Mid-Year Securities Litigation Update - Gibson, Dunn & Crutcher

The rate of new securities class action filings appears to be stabilizing, but that does not mean 2019 has been lacking in important developments in securities law.
Mondaq - Published

United States: Carbon Capture Sequestration – Orrick Responds To The IRS Request For Comments - Orrick

On May 2, 2019, the Internal Revenue Service ( the "IRS") released Notice 2019-32 (the "Notice") which requested comments for Carbon Oxide Sequestration Section 45Q of the Internal Revenue Code
Mondaq - Published

United States: Prosecution History Estoppel Leads To Dismissal Of DOE Claim - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In Amgen Inc. v. Coherus Biosciences Inc., No. 2018-1993 (Fed. Cir. July 29, 2019), the Federal Circuit affirmed the district court's dismissal of Amgen's infringement
Mondaq - Published

Dan Linna: Taking the measure of legal innovation

When his law firm enlisted then-litigator Daniel W. Linna Jr. for a presentation on evaluating potential trial outcomes, he presented his Honigman Miller Schwartz and…
ABA Journal - Published

United States: New Jersey Law Expands Eligibility Criteria For Designating Redevelopment Areas - Day Pitney LLP

On August 9, New Jersey Gov. Phil Murphy signed into law AB 1700/SB 1583 (the Law), which amends the Local Redevelopment and Housing Law (LRHL)
Mondaq - Published

United States: Lamps Plus, Inc. v. Varela: Do Ambiguous Arbitration Agreements Provide "Consent" Necessary for Class Arbitration? - Butler Snow LLP

The Ninth Circuit held the arbitration agreement was ambiguous as to whether the parties agreed to class arbitration.
Mondaq - Published

United States: ICE May Visit Your Company Or University Campus – A Quick Checklist And Guidance - Sheppard Mullin Richter & Hampton

Lately, ICE has been more active in making arrests of undocumented individuals.
Mondaq - Published

United States: Concealed Registration Data Under The GDPR Complicates UDRP Complaints - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

A recent case from the World Intellectual Property Organization ("WIPO") illustrates new challenges brand owners face in domain name disputes through the Uniform Domain-Name
Mondaq - Published

United States: EEOC Provides Guidance On EEO-1 Filing For Non-Binary Employees - Littler Mendelson

In each instance, the data on these employees must be broken out by (among other things) race, ethnicity, and gender.
Mondaq - Published

United States: The SEC's Latest Disclosure Simplification Proposal - Cleary Gottlieb Steen & Hamilton LLP

Its August 8, 2019 proposal addresses simplification of three items in Regulation S-K that have not been revised for more than 30 years:
Mondaq - Published

United States: California Pay Equity Data Collection Legislation Closer To Passing - Ogletree, Deakins, Nash, Smoak & Stewart

Currently, certain employers are required under federal law to file annual Employer Information Reports (EEO-) with the Equal Employment Opportunity Commission.
Mondaq - Published

United States: The Week In Weed: August 16, 2019 - Seyfarth Shaw LLP

Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana.
Mondaq - Published

United States: Powering The Future - Commercial Opportunities And Legal Developments Across The EV Batteries Lifecycle - Foley & Lardner

The advent of electric vehicles (EVs) is one of the most revolutionary changes to take place in the history of transport.
Mondaq - Published

United States: FDA And Pharmacy Weekly Digest - July 30 - BakerHostetler

FDA Suspends Food Facility Registration – The FDA announced the suspension of a Texas-based seafood producer. The entity is prohibited from selling or distributing any foods
Mondaq - Published

United States: Exmark's The Spot For Royalty Rate Apportionment - BakerHostetler

The language of the patent damages statute, 35 U.S.C. Β§ 284, appears straightforward – "[u]pon finding for the claimant the court shall award the claimant damages adequate to compensate for
Mondaq - Published

United States: Multiple U.S. Enforcement Actions Target Cryptocurrency Crimes - BakerHostetler

The U.S. Commodity Futures Trading Commission (CFTC) has reportedly been investigating whether BitMEX violated securities rules that prohibit transactions by Americans.
Mondaq - Published

United States: New Pilots Announced For Voting, Autonomous Vehicles And Digital - BakerHostetler

Utah County is the latest governmental entity to pilot Voatz, a blockchain-based mobile application for voting.
Mondaq - Published

United States: SEC Issues No-Action Letter, Financial Services Firms And Major Exchanges Make Moves, New Products Launched In Europe - BakerHostetler

This week, the U.S. Securities and Exchange Commission (SEC) issued to Pocket Full of Quarters Inc. (PoQ) a no-action letter related to PoQ's distribution of its Quarters product, an ERC20 token.
Mondaq - Published

United States: CCPA Amendment Progress Report: July Update - BakerHostetler

As we reported in April, May and June, a number of potentially significant amendments to the California Consumer Privacy Act (CCPA) continue to make
Mondaq - Published

United States: New USPTO Rule Will Require Foreign Trademark Owners Be Represented By U.S.-Licensed Attorney - BakerHostetler

On Aug. 3, a new regulation promulgated by the U.S. Patent and Trademark Office (USPTO) will take effect and require all trademark applicants
Mondaq - Published

United States: The Fifth Circuit Agrees With Its Sister Circuits That Class Arbitrability Is A Gateway Issue For Courts, Not Arbitrators - BakerHostetler

In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent "clear and unmistakable" language in the arbitration..
Mondaq - Published

United States: Capitol Hill Healthcare Update July 22, 2019 - BakerHostetler

Below is this week's "Capitol Hill Healthcare Update," which is posted on Mondays when Congress is in session.
Mondaq - Published

United States: The Ninth Circuit Withdraws Its Opinion Applying Dynamex Retroactively; Asks California Supreme Court To Decide Instead - BakerHostetler

The Ninth Circuit Court of Appeals changed its mind and decided to ask the California Supreme Court to decide whether the California Supreme
Mondaq - Published

United States: Exchange Hacked, Analysts Warn On Sanctions, Miners Targeted In Iran And China - BakerHostetler

According to a recent report, late last week Japanese crypto-exchange Bitpoint lost $32 million in a hack involving XRP, Bitcoin (BTC), Litecoin (LTC), Ether (ETH)
Mondaq - Published

United States: Libra Faces Skepticism, Virtual Commodity Organization Launches, French Law Set To Take Effect - BakerHostetler

This week, David Marcus, the blockchain lead of the social media giant that intends to launch its own cryptocurrency, Libra, testified in two separate hearings before the United States
Mondaq - Published

United States: Corporations Continue New Blockchain Pilots, New Market Projections Released - BakerHostetler

Name-brand food and telecommunications conglomerates recently announced that they have joined a pilot program to test whether blockchain technology
Mondaq - Published

United States: Cryptocurrency Exchanges Obtain New Licenses Across Globe Amid Market Growth - BakerHostetler

The New York State Department of Financial Services (DFS) announced early this week that it approved a virtual currency license for Seed Digital Commodities Market LLC (SCXM),
Mondaq - Published

United States: SEC Adopts Investment Adviser And Broker-Dealer Rulemaking Package, Highlighted By The New "Best-Interest" Standard - BakerHostetler

On June 5, 2019, the Securities and Exchange Commission (SEC) voted to adopt a highly anticipated set of rules addressing the standard of conduct of registered investment advisers
Mondaq - Published

European Union: EU Updates: ePrivacy Regulation Inches Forward, EDPB Issues Guidance On Interplay Between GDPR And ePrivacy Directive - BakerHostetler

Introduced in 2017, and originally slated to go into effect with the GDPR (on May 25, 2018), it now appears the ePrivacy Regulation will not
Mondaq - Published

United States: SEC Deliberates And Seeks Input To Ease Access To Unregistered Offerings - BakerHostetler

On June 18, 2019, the Securities and Exchange Commission (SEC) requested public comment on "Harmonization of Securities Offerings Exemptions"
Mondaq - Published

United States: Supreme Court Gives Green Light To Prosecutors "Piling On" In Cross-Border Criminal Enforcement Actions - BakerHostetler

On June 17, 2019, in Gamble v. United States, the U.S. Supreme Court held that the Double Jeopardy Clause of the Fifth Amendment to the U.S.
Mondaq - Published

United States: In Defense Of Ohio State's Application To Register THE As A Trademark - Foley Hoag LLP

The picture you see is of a shirt from my husband's closet – a gift I gave him a few years ago. He is a big Ohio State Buckeyes fan
Mondaq - Published

United States: New York Expands Data Breach Obligations For Credit Reporting Agencies - Lewis Brisbois Bisgaard & Smith LLP

Additionally, the credit reporting agency must inform consumers how to request a security freeze.
Mondaq - Published

United States: Sounding The Bell For Proactive Risk Oversight - WilmerHale

The Delaware Supreme Court recently sounded a warning bell for directors, reminding that as part of their duty of loyalty, they "must make a good faith effort to implement an oversight system
Mondaq - Published

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