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Defenders of the Debriefing03.29/Alert
New rules for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal procurements, marking an important step in the direction of transparency and fairness.
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New CERCLA Brownfields Amendments03.29/Blog
Spurred by the realization there may be as many as 450,000 Brownfields sites around the country that require some financial assistance, the recently enacted bi-partisan BUILD Act reauthorizes the EPA's Brownfields program at current funding levels through 2023.
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Bill Expands Corporate Liability for Human Trafficking to Social Media Companies03.27/Alert
The recently passed Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) creates civil liability for social media companies that benefit from a human trafficker’s online media presence if they “should have known” that their platform was being utilized for such exploitation.
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Blockchain and the Legal Landscape03.26/Video
In this video, Pillsbury partner Mercedes Tunstall discusses some of the important legal issues to consider when exploring a blockchain solution.
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Oh No, Mr. Robot Just Hacked Our Smart Building…03.26/Blog
Despite some very real-world examples, such as a 2017 breach of Dallas' emergency siren system, there seems to be little recognition of the security risk that connected buildings and smart cities entail.
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Trump Administration Takes Action Following Section 301 Investigation03.23/Blog
President Trump’s latest directives regarding the USTR’s Section 301 investigation into China has wide-ranging implications for in-bound Chinese investment. Here’s what you need to know.
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Top Ten Emerging Trends in Pay Ratio Disclosure03.21/Alert
Preliminary trends are emerging from the pay ratio disclosures filed by U.S. public companies in 2018.
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Court of Appeals Rolls Back Portions of the FCC’s 2015 Robocall and Text Ruling03.19/Blog
A recent Court of Appeals decision will rescind some aspects of the Telephone Consumer Protection Act and have significant implications for businesses contacting consumers by telephone or text.
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Recent and Upcoming Changes to 401(k) Plans03.08/Alert
The rules governing 401(k) plans are steadily evolving. Both the Tax Cuts and Jobs Act (the Act) and the Bipartisan Budget Act of 2018 (the Budget) contain a number of changes to the 401(k) plan rules.
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Proposals Should Carefully Address Pending Corporate Deals02.28/Alert
For government contractors that may experience a change of ownership, a spinoff, or even a merger, three recent bid protest denials from the GAO are highly instructive.
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Safety from Hackers—and Trial Lawyers02.25/Article
A simple legislative fix would shield cybersecurity innovators from costly nuisance lawsuits.
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Administration Issues “Legislative Outline for Rebuilding Infrastructure in America”02.22/Blog
The Trump Administration's legislative proposal to rebuild American infrastructure identifies a number of specific laws that will require amendments. Here is a brief review of some of the plans many provisions.
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CFIUS and China: Separating Fact from Fiction02.12/Alert
It's true that a few high-profile deals have been abandoned due to CFIUS concerns. But many other transactions--including three recent ones involving Chinese acquirers--have been cleared.
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SBA Proposed Rule Standardizes SDVO SBC Ownership & Control Standards02.07/Alert
A new Small Business Administration rule aims to simplify prior qualification standards under Department of Veterans Affairs and SBA Service-Disabled Veteran-Owned Small Business Concerns programs.
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Gibraltar’s Financial Services Regulator Adopts First-Ever Purpose-Built Blockchain Regulations02.06/Alert
Firms in Gibraltar which use distributed ledger technology to store or transmit value belonging to others must now be appropriately licensed. What other countries might follow suit?
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Human Trafficking Raises Corporate Liability Concerns for the Hospitality Industry02.05/Alert
Not sure if an anti-human trafficking compliance program is necessary for your business? A recent lawsuit illustrates just how important these programs can be.
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European Businesses Offering Payment Services Told How to Manage Operational and Security Risks01.29/Alert
The European Banking Authority has unveiled nine operational and risk management guidelines with which all payment services providers are expected to comply.
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The 2018 Government Shutdown – How Can Contractors Preserve Rights?01.23/Alert
Contractors suffered cost impacts and uncertainty during the recent three-day government shutdown. What happens if a long-term deal can't be reached?
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Cloud Computing by EU Financial Institutions Gets a New Rule Book01.23/Alert
EU Financial institutions take note: the European Banking Authority’s new cloud computing guidance takes effect July 1, 2018.
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Congress Expands the Oil Pollution Act to Reach Spills Originating Outside of the U.S.01.22/Alert
The Foreign Spill Protection Act of 2017 establishes oil spill liability in the U.S. for foreign-based offshore exploration and production facilities.
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Key Tax Reform Issues for Nonprofit Membership Organizations/Associations01.16/Alert
While associations won't face the harshest proposals, several features of the Tax Cuts and Jobs Act will have a negative impact on tax-exempt membership organizations.
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Status of the Iran Nuclear Deal and New Sanctions Designations01.12/Blog
In a statement, President Trump warned European allies that unless they fix these four flaws in the Iran nuclear deal, the U.S. intends to withdraw from it.
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A Sexual Harassment Sea Change for Employers?01.12/Alert
Thanks to movements like #MeToo and Times Up, workplace harassment victims may be more empowered than ever before to make their voices heard. Even companies with clearly established zero tolerance policies need to be prepared to address such crises publicly, or else be exposed to significant reputational damage.
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Department of Labor Changes Rules on Unpaid Internships01.11/Alert
The U.S. Department of Labor has announced a new seven-factor test to determine whether an intern is entitled to payment under the FLSA’s minimum wage provisions.
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U.S. Targets Human Rights Abusers and Corrupt Actors Worldwide – Key Takeaways from the Potent New Sanctions01.10/Blog
Executive Order 13818 authorizes the imposition of sanctions on individuals worldwide connected with “serious human rights abuse,” corruption, or “the transfer or the facilitation of the transfer of the proceeds of corruption.” Here is what businesses need to know.
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Update on U.S. Investigation of China’s IP Practices01.08/Blog
The U.S. Trade Representative is expected to announce affirmative findings and remedy recommendations regarding China's alleged violation of Section 301(b)(1) of the Trade Act. What happens next?
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Five Things Employers Should Know about Tax Reform01.04/Alert
The final Tax Cuts and Jobs Act will require employers to address a number of changes to equity compensation and employee benefits laws. Here are five major ones.
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The Impact of the Tax Cuts and Jobs Act on LIHTC Investments01.03/Alert
With the Tax Cuts and Jobs Act signed into law, investors in low income housing tax credit projects should take note of a few important changes.
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The SEC’s Shutdown of the Munchee ICO01.02/Alert
The SEC’s recent shutdown of Munchee Inc.’s planned initial coin offering illustrates just how murky the related securities law can be. To see an offering through—and ensure compliance with the Securities Act—businesses exploring an ICO should consider its Rule 506(c) and Regulation A provisions.
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Historic Estate Planning Opportunities from Tax Reform12.28/Alert
How can your estate planning efforts take advantage of the new tax law? Here are some beneficial changes.
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December 31, 2017 Deadline for Cybersecurity under DFARS 252.204-7012 Re-Interpreted12.20/Alert
With the December 31 deadline for cybersecurity compliance just around the corner, the Department of Defense has clarified some of its expectations.
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The Fall 2017 Unified Federal Regulatory Agenda12.20/Blog
The Office of Information and Regulatory Affairs and the Office of Management and Budget have posted the Fall 2017 Agency Statements of Regulatory Priorities. Here's a look at what's ahead.
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The Algorithm Did It: The Evolving Legal Landscape of the Internet’s Favorite Tool12.19/Blog
There are no shortage of practical, legal considerations for businesses that employ algorithms.
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Last Minute Tax Change Benefits Commercial Real Estate12.18/Blog
A last-minute change to the Tax Cuts and Jobs Act could be particularly beneficial to certain commercial property owners with few employees and leveraged capital investments.
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DOL Again Delays Implementation of ERISA Fiduciary Rule12.14/Alert
The latest postponment comes amid Department of Labor concerns that financial institutions and advisors may incur undue expense. Is a more comprehensive revision--or total repeal--next?
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Large Whistleblower Award to Non U.S. Person – Lessons for Anti-Corruption Compliance Programs12.13/Blog
Increasingly, The SEC is being alerted to securities fraud by whistleblowers living in foreign countries. It is a trend that only further incentivizes sound compliance.
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Retroactive Corporate Liability for Human Rights Abuses12.07/Alert
Section 13 of the Criminal Finances Act 2017 is now in effect in the United Kingdom, meaning companies have far greater liability for human rights violations.
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Five Things to Know about the Tax Cuts and Jobs Act12.04/Alert
As the House and Senate head to conference regarding the final tax bill, every business should pay particular attention to how these five issues are handled.
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Ireland Set to Bring Anti-Bribery and Corruption Laws Up-to-Date12.07/Alert
New legislation represents a major update to Irish anti-bribery and corruption laws. International companies with Irish subsidiaries, as well as Irish-headquartered companies, should take note.
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The Trump Administration’s First Steps Toward Streamlining Environmental Reviews12.05/Article
An August Executive Order aims to fast-track federal review of infrastructure projects, including a streamlined environmental review process of projects deemed “high-priority.” Recent actions taken by the Council on Environmental Quality and the U.S. Department of the Interior indicate what that might look like.
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CBP Takes Measures to Enforce Ban on Imports Made with Forced Labor and Sanctions for Forced North Korean Labor in Supply Chains12.04/Blog
With a renewed focus on enforcing its ban on imports of forced labor, U.S. Customs and Border Protection has taken new measures so importers don't run afoul.
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Time Is of the Essence: Multinational Companies Must Respond to Cyber Regulation11.30/Blog
Cyberinsurance could help mitigate risk for companies impacted by the new EU General Data Protection Regulation when it takes effect in May.
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The Trump Administration Gets Its Man at the CFPB11.29/Alert
President Trump’s appointment of Mick Mulvaney as Acting Director has clear implications for the future of the CFPB.
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Estate Planning Under the Tax Cuts and Jobs Act11.28/Alert
The Tax Cuts Jobs Act passed by the House will almost certainly be amended in the Senate but, as currently drafted, the legislation will dramatically change the estate and gift tax regime in United States.
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Prime Contractors Take Note of New California Law Imposing Liability for Subcontractors’ Employees’ Unpaid Wages11.22/Blog
A new California law requires prime contractors on private projects to be as involved in monitoring their subcontractors’ payroll practices as their public works counterparts.
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Are Smart Contracts Smart Enough for the Insurance Industry?11.20/Blog
Third-party intervention may now prove unnecessary when interpreting and enforcing contract provisions—at least this is what proponents of smart contracts believe. The overall goal, they argue, is to provide security unattainable through traditional contract law, and to reduce additional transaction costs that come with the traditional process. Will insurance policies become the laboratory to test their thesis?
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Changes to Audit and Truth in Negotiations Act in FY 2018 NDAA11.20/Alert
The 2018 NDAA Conference Report leaves little question that Congress remains unhappy with the Defense Contract Audit Agency’s (DCAA) audit backlog.
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Are Smart Contracts Smart Enough for the Insurance Industry?11.20/Blog
Smart contracts may be the way of the future but when it comes to insurance policies, are they smart enough?
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Changes to Supply Chain Management and Commercial Item Contracting in FY 2018 NDAA11.20/Alert
The latest National Defense and Authorization Act Conference Report proposes changes to supply chain management, the definition of a “subcontractor” and commercial item contracting that could impact your business.
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Three Key Aspects of the Proposed Reform to the CFIUS Process11.18/Blog
A bill updating the Committee on Foreign Investment in the U.S. and the national security review process has been introduced in the U.S. House and Senate. Here's what you need to know.
Insights
