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Department of Justice Announces Strike Force to Combat Antitrust Crimes in Government Procurements
Dykema, December 2019

On November 5, 2019, the U.S. Department of Justice (DOJ) Antitrust Division announced the establishment of a Procurement Collusion Strike Force (PCSF) to deter, detect, investigate, and prosecute criminal schemes that undermine the integrity of the government procurement process. One of the highlights of the PCSF is to reprioritize prosecutions of cartel conduct after a several-year decline...

Not All Disruptors are Unicorns
TSMP Law Corporation, December 2019

Some are just donkeys with a horn.I will remember 2019 as the year when many unicorns were exposed as donkeys in disguise.Invoking the rarity and mystique of the mythical creature, a “unicorn” is the term the financial market coined for companies worth US$1 billion or more. The year opened with high hopes for such companies that sought an initial public offering (IPO) in the following months...

‘Tis the Season to Be on Heightened Alert: FBI Warns of Targeted Cyber Attacks
Dykema, November 2019

Hackers delight in targeting U.S. companies during the holiday season triggering a year-end spike in cyber-attacks, with Carbon Black reporting a 57.5 percentincrease in attempted cyber-attacks during past holiday seasons. This year we can expect that threat actors across the globe will remain online throughout the holiday season, looking to capitalize on the distraction of the holidays and the increased internet traffic that comes with online holiday shopping...

Hold My Beer Browns get Doused with Lawsuit in Mistaken Identity Case
Waller, November 2019

On Sunday, September 8, 2019, the Cleveland Browns hosted the Tennessee Titans for the first game of their 2019 season. The game did not go well for the Browns that day. They lost badly to the Titans - 43 to 13. During the fourth quarter, Browns quarterback Baker Mayfield threw an interception that was run back for a “pick six” by Titans player Malcolm Butler. Butler jumped into the stands to celebrate, and Titans cornerback Logan Ryan joined him...

Emerging Concerns Regarding Silica Exposure in the Engineered Stone Industry
Dinsmore & Shohl LLP, November 2019

The dangers of workers developing silicosis amid the fabrication of engineered stone has become a topic heavily discussed in the news and elsewhere recently. Silicosis is a lung disease that develops from the exposure and inhalation of silica particles. On Oct. 2, National Public Radio (“NPR”) aired a story entitled “Workers Are Falling Ill, Even Dying, After Making Kitchen Countertops...

New Regulation on Location Permit
Makarim & Taira S., November 2019

Over the past years, the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency (“Minister”) has issued several regulations on location permits due to the progressive system established by the government for the efficiency of investments and licensing. After the Online Single Submission (“OSS”) system became applicable, the Minister issued Regulation No...

The Shift From DOJ Enforcement to Administrative Review for HUD False Claims Act Violations
Dykema, November 2019

The False Claims Act (“FCA”) is one of the most powerful anti-fraud weapons available to the U.S. Department of Justice (“DOJ”). It permits treble damages and makes penalties available for each false claim the defendant submitted to a federal payor. The DOJ effectively deployed the FCA against mortgage lenders in the aftermath of the sub-prime lending crisis to obtain, in some cases, billion-dollar settlements...

H-1B Visas – New H-1B Cap Registration Rules and Other Potential Changes
Dykema, November 2019

The U.S. Department of Homeland Security (DHS) published a final rule on January 11, 2019, introducing electronic registration requirement for employers seeking to file H-1B cap-subject petitions. The final rule went into effect on April 1, 2019, though the electronic registration requirement was suspended Fiscal Year 2020 (October 1, 2019 – September 30, 2020) to allow USCIS to complete user testing and ensure the system and process are fully functional...

2019 Mergers & Acquisitions Outlook Survey
Dykema, November 2019

The results of Dykema's Annual Mergers & Acquisitions Outlook Survey are in! This annual survey tracks the marketplace to gauge the direction of the M&A market and economy for the coming year. As with previous installments of the survey, our firm canvassed leading company executives and outside advisors in the M&A space to ask them to share their observations and insights into how the U.S. economy and domestic and global matters will impact the M&A market...

Judge Halts Presidential Proclamation Suspending Visas for Immigrants Without Health Insurance
Dykema, November 2019

The U.S. District Court in Portland, Oregon, issued a 28-day temporary restraining order (TRO) in an unusual weekend session just before the “Presidential Proclamation on Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” was to go into effect on November 3, 2019. Judge Michael H. Simon agreed to “freeze things the way they are” so a determination can be made on the merits of the case...

Is a Benefit Corporation Right for You?
Verrill, November 2019

The “benefit corporation” is a relatively new type of business entity. In 2010, Maryland became the first state in the U.S. to enact a statute recognizing and providing for the organization of this form of entity. In September, Maine joined 30 other states that have enacted benefit corporation legislation over the past nine years, and such legislation is currently pending in several more states...

Pollution of the Solution?
TSMP Law Corporation, November 2019

Amid the noise, vitriol and spectacle, the real debate that we need to have about climate change has been drowned out.   In the past few weeks, I have followed with much interest a Swedish child activist’s barely concealed yearning for the Nobel Peace Prize...

SEC Clarifies Federal Fiduciary Duties of Investment Advisers
Lowenstein Sandler LLP, October 2019

  The Securities and Exchange Commission (the SEC) recently sought to clarify its position on federal fiduciary duties of investment advisers with an interpretation.1 The interpretation emphasized how client sophistication and the scope of an advisory relationship affect the fiduciary duties owed to particular clients. Determine Scope of Relationship All advisers owe fiduciary duties under the Investment Advisers Act of 1940, as amended (the Advisers Act)...

The Importance of Having a Data-Protection Compliance Program
Morgan & Morgan, October 2019

In 2013, Virginia Ginni Rometty - CEO of IBM, said “I would like you to think of big data as the next natural resource that can be to our era what steam, electricity and oil were for the Industrial Age."   Probably, you have read or heard: Data is the new oil! Data is the new bacon! Data is the new currency! These analogies have become very popular because data is now considered one of the most important commodities...

New KPPU Regulation on Merger Filings - Simplification Yet Some Clarity is Needed
Makarim & Taira S., October 2019

The Indonesian Business Competition Supervision Commission (Komisi Pengawas Persaingan Usaha – “KPPU”) recently introduced a new regulation on merger filings, KPPU Regulation No. 3 of 2019 on Assessments of Mergers or Consolidations of Business Entities or Acquisitions of Shares in Companies which might Result in Monopolistic Practices and/or Unfair Business Competition (“New Regulation”)...

New Government Regulation on Organization of Electronic Systems and Transactions
Makarim & Taira S., October 2019

The Government of Indonesia finally issued Government Regulation No. 71 of 2019 on Organization of Electronic Systems and Transactions ("GR 71/2019") on 4 October 2019, gaining momentum as the country sees the rise of ‘Unicorns’ and President Joko Widodo boasting about the country’s digital economy. GR 71/2019 replaces Government Regulation No. 82 of 2012 with the same title and came into force on 10 October 2019. GR 71/2019 has 11 chapters and an extensive scope...

USTR Announces List 4A Exclusion Request Process and Other US-China Trade Developments
Dinsmore & Shohl LLP, October 2019

The U.S.-China trade dispute continues to simmer with multiple significant developments in the past several weeks: The Office of the U.S. Trade Representative (USTR) announced the exclusion process for Chinese imports subject to List 4A Section 301 tariffs will open on Oct. 31, 2019 and conclude on Jan. 31, 2020. List 4A and 4B tariffs on an estimated $300 billion of goods imported from China, effective Sept. 1, 2019 and Dec...

Latest Amendment to the Procedure for the Resolution of Small Claims Lawsuit
Makarim & Taira S., October 2019

On 6 August 2019, the Supreme Court (“SC”) issued Regulation No. 4 of 2019 (“SC Reg 4/2019”), amending the previous regulation, SC Regulation No. 2 of 2015 on the Procedure for the Resolution of Small Claims Lawsuit (“Previous Regulation”). SC Reg 4/2019 came into force on 20 August 2019. In general, SC Reg 4/2019 provides more optimal and effective regulation than the Previous Regulation...

The Insolvency Law in Panama
Morgan & Morgan, October 2019

On May 19, 2016, the concept of a “Bankruptcy,” as the legal term was defined, ceased to exist under Panamanian law. Law 12 of 2016 (the “Insolvency Law”) entered into force on that date and introduced new proceedings into our legal system. These proceedings are referred to as Reorganization and Liquidation...

New Decision from the Court of Appeal Regarding the Possibility to Deprive Employees of their Duties within the Period of Notice
Simonsen Vogt Wiig AS, October 2019

In LG-2018-161055 the Court of appeal, in a case regarding preliminary action, gave an elaborated assessment regarding under what conditions an employer can deprive an employee of his or her duties in the notice period.   Introduction An employer only exceptionally has the right to deprive a dismissed employee of his or her duties within the period of notice. For this to be possible, there must be "particularly compelling reasons"...

Starting A Company? 3 Key Corporate Secretarial Services You Will Need
BoardRoom Limited, October 2019

Whether you are starting a new company or expanding your presence to Singapore with a new office, there are certain sets of rules and regulations that need to be followed. One of the key requirements of new companies in Singapore is the need to appoint a qualified corporate secretary within 6 months of registration with the Accounting and Corporate Regulatory Authority (ACRA)...

Good Tax News for the Cannabis Industry: California Repeals 280E Limitation for Personal Income Tax
Hanson Bridgett LLP, October 2019

Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities and authorizes persons to conduct specified commercial cannabis activities, as defined, in the state. The objectives of the new law are as follows: To provide tax equity to the cannabis industry...

Feinwachs Holds FCA Relator's Emails to Counsel, Even Though on Employer's Server, Protected as Work Product
Dinsmore & Shohl LLP, October 2019

In the False Claims Act (FCA) case of Feinwachs v. Minnesota Hospital Association, the district court recently upheld relator David Feinwachs’ claim of work-product privilege over emails sent to his work email account. No. 11-cv-0008, 2019 U.S. Dist. LEXIS 155027 (D. Minn. Sept. 11, 2019).  Feinwachs was formerly general counsel of the Minnesota Hospital Association (MHA), a trade association of Minnesota hospitals and health care systems...

IBM Wins Dismissal of FCA Qui Tam Suit Alleging It Used Faked Audit to Pressure IRS to Renew Software License
Dinsmore & Shohl LLP, October 2019

On Sept. 30, IBM won dismissal of a federal False Claims Act (FCA) qui tam suit, Cimino v. IBM, No. 13-cv-00907 (APM), 2019 U.S. Dist. LEXIS 168059 (D.D.C. Sept. 30, 2019). In the suit, Relator Paul A. Cimino alleged IBM, assisted by Deloitte LLP, fabricated audit findings regarding Internal Revenue Service (IRS) usage of IBM-licensed software to coerce IRS into renewing its software enterprise license...

Warranty & Indemnity (W&I) Claims - Some Lessons to be Learned So Far
Simonsen Vogt Wiig AS, October 2019

According to the recent insurance broker's Transactional Risk Insurance Claims Study1, the number of W&I claims have increased by 293% between 2016 and 2018 in Europe, the Middle East and Africa (the EMEA-region). One explanation is of course the triple increase W&I policies issued over the same period. The W&I market have become more mature than what it was just some few years back...

 

 

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