Administrative Law
Disruptor Meets Regulator, and Regulator Wins: Lessons Learned from Theranos
Insight
Even in an environment that encourages innovation, health care organizations must understand the scope of regulatory oversight at the federal and state levels, and the range of remedies available to regulators for noncompliance, writes writes Robert E. Wanerman of Epstein Becker & Green.
Civil Fines Jump Across Agencies Under Inflation Adjustment Act
Insight
The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 takes effect on August 1, 2016, when agencies will begin applying the new penalty levels to any penalties assessed on and after that date, according to Wilmer Cutler Pickering Hale and Dorr.
BP Fined $20 Million for Rigging U.S. Natural Gas Markets
News
BP Plc faces more than $20 million in penalties and surrendered profits after a U.S. regulator found that the energy giant manipulated commodity markets in Texas, according to a report by Bloomberg and published by The Business Times.
The State of Appeals at the USPTO, and How to Win Them with Big Data
Article
Once a practitioner determines that an appeal is the most advantageous response to a final rejection, big data can then guide him or her through the entire process of arguing that appeal, writes James Cosgrove of Juristat.
Alcohol-Related Workplace Injuries Recordable, OSHA Says
Article
Employers are not exempt from the Occupational Safety and Health Administration’s reporting rule for on-the-job injuries linked to alcohol intoxication even though the injured employee’s consumption of alcoholic beverages took place off the job, reports Bradford T. Hammock of Jackson Lewis.
Effective Conciliation and Demystifying Intervention in EEOC Cases
Event, June 9, 1 p.m. EDT
Practical Law will present a webinar that will address obligations on the part of employers, charging parties and the EEOC in conciliating and litigating EEOC cases.
The DOL’s Final FLSA Overtime Exemption Rule: What Employers Must Do Now
Event, June 1, 1 p.m. EDT
Practical Law and the Wage & Hour Defense Institute (WHDI) will present a free, 75-minute webinar providing guidance on the U.S. Department of Labor’s final rule, updating the regulations governing white collar exemptions under the federal Fair Labor Standards Act (FLSA).
Corruption Risks and Corporate Social Responsibility Spending
Article
In an attempt to promote the goodwill of the company in emerging markets, companies sometimes spend large amounts of money, only to find out later that foreign leaders have lined their pockets with the funds to the detriment of the locally intended beneficiaries.
Bank Regulators Revive Restrictions on Incentive-Based Compensation
Article
The new rules seek to establish general requirements applicable to the incentive-based compensation arrangements of covered persons working in covered institutions.
Analysis: Office Depot/Staples ‘Cluster’ Key to FTC Case
Analysis
Regulators fighting the merger plan of Office Depot and Staples face a decision from a judge that may hinge on the veracity of the government’s relevant product market, reports Policy and Regulatory Report, a Mergermarket Group company.
‘Scalia Law School’ Sparks Faculty Feud at George Mason
News
Billionaire conservative activist Charles Koch and an anonymous donor have offered the university a combined $30 million contingent on the name change.
Where Oil is King – When State and Local Fracking Rules Clash
White Paper
Municipalities may be able to ensure compliance with environmental regulations by oil and gas companies and minimize some of the environmental harms associated with fracking, even when they cannot enact outright bans on the practice.
Katz, Marshall & Banks Issues New Guides for SEC and CFTC Whistleblower Programs
Article
Katz, Marshall & Banks, LLP is offering for free download practice guides for the whistleblower programs for the U.S. Securities and Exchange Commission (SEC) and the U.S. Commodity Futures Trading Commission (CFTC).
Case Against Ted Cruz’s Eligibility to be Heard in Illinois
NEWS
CNN is reporting that a judge in Illinois on Friday will hear a lawsuit challenging Ted Cruz’s eligibility to serve as president, putting questions about the Texas senator’s status back into the news the day before the South Carolina primary.
Home Health Provider Hit With $238,900 HIPAA Penalty
NEWS
This case marks only the second time that the Office for Civil Rights (OCR) has imposed civil monetary penalties for a HIPAA violation.
Agency Avoidance of Rulemaking Procedures
White Paper
Agency avoidance suggests that rulemaking procedures do less than commonly thought to promote public deliberation in the rulemaking process, writes Connor Raso.
Preparing for the Upcoming 2016 HIPAA Audits
Event, Jan. 28, 2 p.m. EST
Compliancy Group will present a webinar on best practices for preparing for upcoming 2016 HIPAA audits, with lessons and examples from past breaches and fines.
GLBA Compliance Considerations in Technology Transactions
Article
As part of its implementation of the GLB Act, the Federal Trade Commission (FTC) requires financial institutions under its jurisdiction to safeguard customer records and information. This requirement is known as the Safeguards Rule.
Goldman Sachs Says $5.1 Billion Mortgage Settlement Will Knock $1.5 Billion Off Q4 Earnings
NEWS
Goldman Sachs Group on Thursday agreed to pay $5.1 billion to end an investigation into its packaging of residential mortgage-backed securities in the run-up to the financial crisis, reports Forbes.
The Disturbing Legal Consequences Of Ted Cruz Birtherism
Commentary
There is good evidence that the founding fathers would have understood the words “natural born citizen” to mean only people born within a nation’s borders, but there’s also strong evidence on the other side of the debate, according to an article published by ThinkProgress.
