On August 26, 2015, the Department of Defense (DoD) published a long-awaited Interim Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require “rapid” reporting of “cyber incidents” that result in an “actual or...
In Cheeks v. Freeport Pancake House, Inc. et als., the United States Court of Appeals for the Second Circuit held that parties may not privately settle claims arising under the Fair Labor Standards Act (“FLSA”) with prejudice (which forecloses a...
On Wednesday, Judge Irene Keeley of the Northern District of West Virginia held that district courts do not have jurisdiction to hear challenges to EPA’s rule defining waters of the United States, because courts of appeal have original jurisdiction...
In its decision in Guindon v. Canada (Guindon), released earlier this month, the Supreme Court of Canada (SCC) considered the constitutionality of an administrative monetary penalty, or “AMP” provision. The SCC’s decision, which affirmed the...
The Hart-Scott-Rodino Antitrust Improvements Act (HSR) requires parties to a proposed acquisition of voting securities or assets meeting certain size threshold requirements to report the transaction to the Federal Trade Commission (FTC) and the...
On July 9, 2015, the Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule that seeks to implement a mandatory episode-based payment model for lower extremity joint replacement (and reattachment) care in selected geographic areas....
The Brazilian government’s proposal for Brazil’s first data protection framework (‘the Proposal’) hit a stumbling block after major concerns were raised in public comments. After the public consultation period ended, those reviewing the comments...
Earlier this month, the Governmental Accounting Standards Board (GASB) approved Statement No. 77, Tax Abatement Disclosures, which requires state and local governments to report on foregone revenue from tax abatement agreements. This will...
On August 11, 2015, the Governor's Office of Planning and Research (OPR) released a Preliminary Discussion Draft of Changes to the California Environmental Quality Act (CEQA) Guidelines (Preliminary Discussion Draft). The OPR proposes to amend the...
Earlier this year, the U.S. Department of Labor (DOL) issued a final rule defining “spouse” under the Family and Medical Leave Act (FMLA) so that an eligible employee in a same-sex marriage is able to take FMLA leave to care for his or her spouse or...
