log in
Submit an Article | Back

Member Articles

North America

 

Sort By Title  |  Sort By Date

New Revenue Recognition Standard Creates Additional Disclosure Requirements for Hospitals
Moss Adams LLP, April 2018

 Fundamental changes to how hospitals recognize revenue are beginning to take effect. One of the biggest entails significantly altering the manner in which hospitals and other entities disclose revenue-recognition policies and revenue within financial-statement footnotes. Background In May 2014, the Financial Accounting Standards Board (FASB) issued Accounting Standards Codification® (ASC) Topic 606, Revenue from Contracts with Customers...

Protect Your Company from Cyberthreats with Information Security Governance
Moss Adams LLP, April 2018

 If you haven’t been breached yet, you either will be or you don’t know it’s already happened. Organizations that suffer from data and information security breaches find themselves looking for answers to why they were targeted and how they could’ve prevented it. The answer is often that their information security governance (ISG) program wasn’t in place and operating as well as it could’ve been...

Tax Reform Extends Credits for Renewable Energy Companies
Moss Adams LLP, April 2018

  The Bipartisan Budget Act of 2018 (Budget Act), which was signed into law February 9, 2018, extends the production tax credit (PTC) and investment tax credit (ITC) that previously applied to only wind and solar companies to other renewable energy resources. Background Under the Protecting Americans from Tax Hikes Act (PATH Act), which President Obama signed into law in 2015, PTCs and ITCs were extended for wind and solar companies...

Revolutionizing Health Care with Lean Management
Moss Adams LLP, April 2018

  Miraculous things happen in medicine in the United States every day, but health care remains a key issue for Americans because it can often be expensive, hard to access, and frequently unsafe with highly variable quality and patient and staff satisfaction. Adopting lean management has the potential to solve these problems and make health care a more satisfying and less costly experience for patients as well as health care workers...

Renewable Energy Guide
Moss Adams LLP, April 2018

Opportunities & Challenges It’s an exciting time with extraordinary potentialfor investors in renewable energy projects.Public support has never been higher and themajority of the largest companies in the UnitedStates continue to set increasingly ambitiousclean energy targets. Federal, state and localgovernments are also continuing to diversifytheir energy supplies to reduce carbon emissionsby encouraging investment in renewable energyprojects—especially through solar and wind...

Key Features of New Data Breach Notification Laws in Alabama and South Dakota
Haynes and Boone, LLP, April 2018

Last month, Alabama and South Dakota became the latest states to enact data breach notification laws. All 50 states now have such laws, but the laws and companies’ obligations thereunder vary widely from state to state. The Alabama and South Dakota laws—described in detail in the chart linked below—are similar to the laws of other states, but each have a few important features to be aware of...

CENACE Announces Call to Bid for the Fourth Long-Term Power Auction in Mexico
Haynes and Boone, LLP, March 2018

On March 15, 2018, the National Center for Energy Control (“CENACE”) announced the fourth long-term auction for the purchase and sale of power, capacity, and clean energy certificates. The term of the contracts for power and capacity will be 15 years while the term for clean energy certificate contracts will be 20 years. The standard commercial operation date of the power generation projects awarded under the auction is scheduled for January 1, 2021...

Brexit: Transition Deal Breakthrough
Haynes and Boone, LLP, March 2018

It is one year since the United Kingdom (UK) triggered Article 50 of the Treaty on European Union (EU) by notifying the European Council of its intention to withdraw from the EU. This means that we are now half way through the two year negotiation period during which the terms of the UK’s withdrawal from the EU are due to be concluded...

Newbuilding Orders and Prices at Korean Shipyards Are Up, but Too Late Perhaps for Sungdong
Haynes and Boone, LLP, March 2018

The Changwon District Court in South Korea has this afternoon (23 March 2018) issued a comprehensive prohibition order (CPO) following the application of Sungdong Shipbuilding and Marine Engineering Co. Ltd (Sungdong) to enter Chapter 11 Rehabilitation filed earlier this month...

Brexit: Transition Deal Breakthrough
Haynes and Boone, LLP, March 2018

It is one year since the United Kingdom (UK) triggered Article 50 of the Treaty on European Union (EU) by notifying the European Council of its intention to withdraw from the EU. This means that we are now half way through the two year negotiation period during which the terms of the UK’s withdrawal from the EU are due to be concluded...

Kidnap Ransom Insurance: Unlocking Coverage for Ransomware Attacks
Haynes and Boone, LLP, March 2018

By one account, “the cost of global ransomware attacks will exceed $11.5 billion annually by 2019, up from $5 billion last year and $325 million in 2015” – a 35X increase in just four years.1Relative to other cyber crime, ransomware is an equal opportunity enterprise—striking individuals as well as businesses of all kinds...

OSHA Quarterly Newsletter, March 2018
Haynes and Boone, LLP, March 2018

Violating California's Occupational Safety and Health Act May Lead to Civil Penalties On February 8, 2018, the California Supreme Court unanimously ruled that local prosecutors could pursue civil penalties against employers for violating workplace safety standards under California's unfair competition law and fair advertising law, despite the employer's federal preemption challenges. Solus Indus. Innovations, LLC, 228 Cal. Rptr. 3d 406 (2018)...

Kidnap Ransom Insurance: Unlocking Coverage for Ransomware Attacks
Haynes and Boone, LLP, March 2018

By one account, “the cost of global ransomware attacks will exceed $11.5 billion annually by 2019, up from $5 billion last year and $325 million in 2015” – a 35X increase in just four years.1Relative to other cyber crime, ransomware is an equal opportunity enterprise—striking individuals as well as businesses of all kinds...

The Supreme Court Opens the Door for Shareholders to Bring Public Offering Securities Class Action Claims in State Courts
Haynes and Boone, LLP, March 2018

Yesterday, the Supreme Court issued a much-anticipated ruling that carries important implications for securities class action litigation, now making it easier for plaintiffs to pursue public offering claims in state courts. InCyan, Inc. v. Beaver County Employees Retirement Fund, 583 U.S...

Health Law Vitals - A Healthcare Newsletter from Haynes and Boone, March 2018
Haynes and Boone, LLP, March 2018

View a PDF of the March 2018 edition of the Haynes and Boone Health Law Vitals newsletter. FDA Draft Guidance Proposes Risk-Based Regulatory Scheme for Drug Products Labeled as Homeopathic More than two and a half years after the U.S. Food and Drug Administration (FDA) announced that it was re-evaluating its regulatory framework for homeopathic products, the FDA released itsDraft Guidance on Drug Products Labeled as Homeopathic...

Mexico: Noise Generated By Aircraft
Haynes and Boone, LLP, March 2018

On February 12, 2018 the Mexican Secretariat of Communications and Transportation (“SCT”) published the draft of Mexican Environmental Standard PROY-NOM-036-SCT3-2017 in the Official Daily Gazette, which sets forth the maximum allowable limits of noise generated by aircraft. Within the next 60 calendar days, any interested party may provide comments to the National Consultation Committee of Air Transportation Standardization...

Tax Reform – Considerations for U.S. Multinationals
Haynes and Boone, LLP, March 2018

Congress recently enacted comprehensive tax reform (the “Act”). This memorandum highlights some of the provisions of the Act that are particularly relevant to U.S. multinational groups, with a focus on the provisions relating to income associated with intangible property, as defined for applicable U.S. federal income tax purposes. New Corporate Tax Rate The Act significantly changes the U.S...

Supreme Court Ruling on Insider Status for Cram-Down Plan Threatens Lender Protections in Real Estate Financing Structures
Haynes and Boone, LLP, March 2018

As described in our earlier client alerts, since 1993, a central tenet in the structure of senior real estate lending documentation is the prevention of what is commonly referred to as “cram down...

SEC Issues New Interpretive Guidance on Public Company Cybersecurity Disclosures
Haynes and Boone, LLP, March 2018

On February 21, 2018, the Securities and Exchange Commission (the “SEC”) issued interpretive guidance to assist public companies in preparing disclosures concerning cybersecurity risks and incidents...

Supreme Court Limits the Scope of Safe Harbor Protection in Avoidance Actions
Haynes and Boone, LLP, March 2018

On February 27, 2018, the Supreme Court resolved a split between the Second, Third, Sixth, Eighth, and Tenth Circuit, and the Seventh and Eleventh Circuit in its ruling inMerit Management Group, L.P. v. FTI Consulting, Inc. (“Merit Management”)583 U. S. ____ (U.S. Feb. 27, 2018)...

Will California be the First State to Issue Workplace Violence Rules? Probably, yes.
Haynes and Boone, LLP, March 2018

The California Division of Occupational Safety and Health (Cal/OSHA) held an advisory meeting in January to solicit input and comments on their proposed draft rules for workplace violence prevention that would apply to nearly all California employers. Passage of these standards would make California the first state to issue workplace violence rules which would surpass federal protections...

Brexit: Is Opportunity Knocking for Paris’ New International Chamber of the Paris Court of Appeal?
Haynes and Boone, LLP, February 2018

On 7 February 2018, a new specialist International Chamber within the Paris Court of Appeal was launched by the French Ministry of Justice together with the Paris Bar Association. The chamber is intended to deal with international commercial matters governed by French as well as foreign law, and the use of English as well as certain common law procedures will be permitted...

Say Something, but to the Right People: Supreme Court Clarifies Definition of “Whistleblower” Under Dodd-Frank
Haynes and Boone, LLP, February 2018

Yesterday, the U.S. Supreme Court significantly narrowed the scope of the Dodd-Frank Act's anti-retaliation measures. The decision resolved a split in authority by excluding from Dodd-Frank's whistleblower protections those persons reporting suspected violations only within their companies. In reversing the Ninth Circuit, the Court held that "Dodd-Frank's anti-retaliation provision does not extend to an individual who has not reported a violation of the securities laws to the SEC...

SEC Announces Examination Priorities for 2018
Haynes and Boone, LLP, February 2018

The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (“OCIE”) has announced its 2018 examination priorities. The 2018 priorities provide insight into what activities OCIE believes present the highest risks to investors and, as such, what the examiners will be highlighting during their examinations of registered entities this year...

Plans for New US$1.7 Billion Power Transmission Line in Mexico
Haynes and Boone, LLP, February 2018

On February 13, 2018, Mexico’s Federal Electricity Commission (“CFE”) announced the bidding process for its Ixtepec Potencia – Yautepec Potencia Transmission Line in Oaxaca (“Project”). The transmission lines will cross the following states: State of Mexico, Morelos, Puebla, Oaxaca, Mexico City and Veracruz. The estimated investment is US$1.7 billion and it will have a transmission capacity of 3,000 MW at a voltage level of 500 kV...

9th Circuit Affirms “Per Plan” Approach to Interpret “Impaired Accepting Class” for Plan Confirmation Purposes Threatening Senior Mortgage Lender Protections in Common Real Estate Financing Structures
Haynes and Boone, LLP, February 2018

As described in our earlierclient alert, dated September 13, 2016, under certain specific circumstances, section 1129 of title 11 of the United States Code (the “Bankruptcy Code”) permits a bankruptcy court to confirm a Chapter 11 plan and rewrite the terms of a debt instrument (including mortgage debt or mezzanine debt), including the interest, amortization, and maturity...

Mexico: Guidelines for Interconnection of Power Plants and Connection of Load Centers
Haynes and Boone, LLP, February 2018

On February 9, 2018, the Ministry of Energy (“SENER”) published in the Official Federal Gazette the “Guidelines for Interconnection of Power Plants and Connection of Load Centers” (Manual para la Interconexión de Centrales Eléctricas y Conexión de Centros de Carga)...

The Fifth Circuit is Asked to Consider the Validity of the “Golden Share”
Haynes and Boone, LLP, February 2018

As we described in ourclient alert dated September 14, 2016, in the aftermath of the real estate downturn from 1989 to 1993, when real estate mortgage lenders began to contemplate making new mortgage loans, they sought to create new legal structures to prevent their prospective borrowers from filing for Chapter 11, and to ameliorate the adverse consequences, if such a filing were to occur. One such structure is a device commonly referred to as the “Golden Share...

HSR Update: Annual Jurisdictional Thresholds Revisions Effective February 28, 2018
Haynes and Boone, LLP, February 2018

Increase in HSR Thresholds.The jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) will increase February 28, 2018 and will apply to any transaction closing on or after that date. The revised thresholds will remain in effect until the next annual adjustment, expected in the first quarter of 2019. “Size of Transaction” Threshold...

Mexico: Bid Round 2.4 Results
Haynes and Boone, LLP, February 2018

On January 31, 2018 the National Hydrocarbons Commission (“CNH”) conducted the long-awaited event for submission and opening of bids for the Deep Water “Round 2.4” E&P license contracts. The bid round comprised 29 offshore deep waters blocks and the overall result was very successful for Mexico...

"Consumer Survey Fails Reliability Test and Results in Dismantling of Massive Verdict By Julian L Bibb IV INTA Bulletin
Waller, February 2018

In vacating a jury’s award of almost $54 million based on a finding of willful trademark and trade dress infringement, an Illinois federal district court granted the defendants’ motion for a new trial, finding the trial “fundamentally unfair due to the admission of unreliable and prejudicial expert testimony.” The Black & Decker Corporation et al v. Positec USA Inc.,No. 1:2011cv05426 (N.D. Ill. Sept. 11, 2017)...

On Shaky Ground: How Can Policyholders Prepare for the Predicted Increase of Earthquakes in 2018?
Haynes and Boone, LLP, January 2018

This year has already been a busy one for seismic activity. In the first weeks of 2018 alone, there have been reports of a 7.9 magnitude quake off the shores of Kodiak, Alaska, a 6.2 magnitude temblor in Japan, and a series of tremors in California. And, few will forget the catastrophic earthquakes that struck Mexico City and the Iraq-Iran border last year...

For Hazardous Air Pollutants, “Once in, Always in,” is Out
Haynes and Boone, LLP, January 2018

In a major departure from over 20 years of practice, the EPA announced on January 25 that it is withdrawing the “once in, always in” (OIAI) interpretation of the hazardous air pollutants (HAPs) program. The OIAI required sources of HAPs to permanently comply with Maximum Achievable Control Technology (MACT) standards applicable to major sources of HAPs, even when those sources’ emissions are below major source levels...

Mexico: Round Three – Second Public Bid
Haynes and Boone, LLP, January 2018

The National Hydrocarbons Commission (CNH) published the call for the second bid of Round 3 on January 25, 2018. This new bid round (Round 3...

Bitcoin - Fraud or Panacea?
Stout, January 2018

After a number of government enfourcement actions involving alleged fraud schemes related to cryptocurrencies, Bitcoin is under heightened scrutiny. Earlier this year, Jamie Dimon, the head of JPMorgan, the largest bank in the U.S., made headlines by calling Bitcoin a “fraud.” Dimon said, “The currency isn’t going to work. You can’t have a business where people can invent a currency out of thin air and think that people who are buying it are really smart...

A Comparison of Non-Operator’s Rights Under the Joint Operating Agreement 1982 and 1989 Model Forms
Haynes and Boone, LLP, January 2018

Companies looking to purchase non-operating working interests will review longstanding operating agreements, or negotiate the terms of new operating agreements, to ensure that appropriate non-operator rights are present and enforceable...

Reality Check – Political and Economic Realities Hamper Efforts to Reopen U.S. Waters to Offshore Drilling
Haynes and Boone, LLP, January 2018

On January 4, 2018, the U.S. Department of the Interior ("Department") announced its draft proposal of the 2019-2024 Outer Continental Shelf ("OCS") Oil and Gas Leasing Program that would reopen nearly all federal waters to offshore leasing for new oil and gas operations...

Mexico’s Ministry of Energy Issues New Guidelines for the Wholesale Power Market in Mexico
Haynes and Boone, LLP, January 2018

In January 2018, Mexico’s Ministry of Energy (“SENER”) published several Guidelines as part of the applicable rules for the Wholesale Power Market (“WEM”) in the Federal Gazette. This Haynes and Boone alert is important to all participants of the WEM, including qualified users, suppliers, marketers, non-suppliers and generators. 1...

Increase in regulatory reporting needs from existing and new clients globally
Amicorp Services Ltd., January 2018

Increase in regulatory reporting needs from existing and new clients globally The ever-evolving regulatory landscape is forcing corporations, asset and fund managers, family offices and financial institutions to solve multiple regulations and compliance rules simultaneously...

Changing Outlook, Same Concerns: Key SEC Disclosure Topics in 2018 for E&P Companies
Haynes and Boone, LLP, January 2018

Comment letters to oil and natural gas exploration and production (E&P) companies by the Division of Corporation Finance of the Securities and Exchange Commission (SEC) indicated several major areas of concern for the Division during 2017 regarding companies’ disclosures. Many of the topics addressed were similar to those raised by the Division’s staff in 2015-2016, but some were new, such as the staff’s focus on non-U.S...

Federal Circuit Flips – Wi-Fi One v. Broadcom Holds That PTAB’s Time-Bar Determinations Are Appealable
Haynes and Boone, LLP, January 2018

On January 8, 2018, the U.S. Court of Appeals for the Federal Circuit issued itsen bancdecision inWi-Fi One, LLC v. Broadcom Corp., Appeal 2015-1944 (Fed. Cir. Jan. 8, 2018) (en banc) holding that Patent Trial and Appeal Board (“PTAB”) time-bar determinations under 35 U.S.C. § 315(b) in aninter partesreview (“IPR”) proceeding are appealable. Theen bancdecision overrules a panel’s earlier decision inAchates Reference Publishing Inc. v. Apple Inc.803 F...

Congress Doubles Estate and Gift Tax Exemption
Haynes and Boone, LLP, January 2018

The tax reform bill passed by Congress at the end of 2017 significantly reduces the number of taxpayers whose families will pay gift tax or estate tax, but it comes with an “expiration date” of December 31, 2025. Prior to the Tax Cuts and Jobs Act (the Act), an individual could transfer up to $5,490,000 ($10,980,000 for a married couple) without paying estate, gift, or generation-skipping transfer (GST) taxes...

New Law: Federal Circuit Finds Ban On Scandalous/Immoral Trademarks Unconstitutional
Haynes and Boone, LLP, January 2018

As part of a now-infamous 1972 monologue, comedian George Carlin listed the “Seven Words You Can Never Say on Television,” colorfully repeating each throughout his routine. While many of those words remain unacceptable for the airwaves, they may now be suitable for federal trademark registration, thanks to a recent decision from the Federal Circuit Court of Appeals...

The Conflict Over the CFPB and What it Means for the Future
Waller, December 2017

The federal agency now well-known as the Consumer Financial Protection Bureau was established by Congress in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The CFPB is a uniquely independent agency, shielded from the executive branch in a way that other agencies are not. Doing away with that independence has the potential to significantly alter the CFPB and its regulatory work...

Michigan Seeks Comment on Tax Treatment of Marijuana Sales
Dykema, December 2017

The Michigan Department of Treasury (the “Department”) recently released a draft Revenue Administrative Bulletin (“RAB”) entitled Marihuana Provisioning Center Tax and Sales and Use Tax Treatment of Marihuana. An RAB is a directive issued by the Bureau of Tax Policy...

U.S. International Trade Commission Finds Domestic Solar Manufacturing Companies Harmed by Foreign Imports
Dykema, December 2017

The U.S. International Trade Commission (“ITC”) issued a determination on Friday, September 22, 2017, finding that solar panel imports are hurting domestic businesses that operate in the solar industry. The ITC’s determination was issued in connection with a trade case filed in April 2017 by a Georgia-based company, Suniva, Inc., shortly after filing for bankruptcy protection. SolarWorld Americas, Inc. joined Suniva’s petition in May 2017...

Three Things Employers Should Know When Seeking EPLI Coverage For Sexual Harassment Claims
Haynes and Boone, LLP, December 2017

At a time when tolerance seems to be an increasingly precious commodity, society can celebrate an awakening intolerance for sexual harassment. For all of the scandal and salacious detail dominating the media in recent months, there is the hope that victims of depravity can find empowerment and healing, if not justice, too...

Eleventh Circuit Finds Reproduction an Insincere Form of Flattery
Waller, December 2017

In October 2017, the Eleventh Circuit Court of Appeals reversed a district court’s grant of summary judgement, finding that a college has potentially protectable rights that extend beyond the scope of its federal service mark registrations. Savannah College of Art & Design, Inc. v. Sportswear, Inc., No. 15-13830 (11th Cir. Oct. 3, 2017)...

Trademark Licensees Priority Derives from its Own Use and Not From its Licensors Use
Waller, December 2017

The Trademark Trial and Appeal Board (Board) held that the plaintiff licensee in an opposition and cancellation proceeding could not establish priority of use over the defendant based on any common law rights previously acquired by the plaintiff’s licensor. Julie A. Moreno v. Pro Boxing Supplies, Inc., 124 USPQ2d 1028 (TTAB Sept. 8, 2017). Julie A...

Fuels Storage Public Policy
Haynes and Boone, LLP, December 2017

Mexico maintains a minimum strategic storage inventory of crude oil and refined oil products, such as gasoline, diesel, and jet fuel, to guarantee market supply for a determined period of time. Under Article 80 Section II of the Hydrocarbons Law, the Ministry of Energy (“SENER”) has the authority to issue public policies to determine the required strategic storage volumes...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | DISCLAIMER |  © World Services Group, 2018