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July 2014 Client Alerts

July 31, 2014

Authors

Bryan Cave

July 2014 Client Alerts

July 31, 2014

by: Bryan Cave

Practice groups throughout Bryan Cave often prepare alerts on issues of interest to our clients and friends. Listed below are the Client Alerts published in July 2014.  Please click on the title to read the full text of the Alert.

Good News for In-House Counsel:  The D.C. Circuit Court Restores Attorney-Client Privilege for Internal Investigations, published by the White Collar Defense and Investigations, Securities Litigation and Enforcement and Government Contracts practice groups on July 2, 2014.

Federal Antitrust Laws:  A New Tool to Prohibit Pre-Petition Coordination Among Creditors?published by the Bankruptcy, Restructuring and Creditors’ Rights group on July 14, 2014.

No More Blurred Lines?  Federal Courts Rule That Conditional Discovery Objects are No Longer Proper Under Federal Rules of Civil Procedure, published by the Commercial Litigation practice group on July 30, 2014.

Fraud Outweighs Fairness:  Government Contractor Cannot Recover the Value of Its Services, published by the White Collar

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May 2014 Client Alerts

May 31, 2014

Authors

Bryan Cave

May 2014 Client Alerts

May 31, 2014

by: Bryan Cave

Practice groups throughout Bryan Cave often prepare alerts on issues of interest to our clients and friends. Listed below are the Client Alerts published in May 2014.  Please click on the title to read the full text of the Alert.

SEC Confirms that FINRA May Investigate Non-FINRA Companies Controlled by a FINRA Member, published by the Broker-Dealer Litigation, Arbitration and Regulatory Practice on May 29, 2014.

CFTC Hopes To Attract More Whistleblowers With Issuance of First Award, published by the White Collar Defense and Investigations, Securities Litigation and Enforcement, and Labor and Employment Investment Management practice groups on May 22, 2014.

Court Strengthens Statute of Limitations Defense Against the SEC, published by the White Collar Defense and Investigations, Securities Litigation and Enforcement group on May 15, 2014.

Spreading the Sunshine in Private Equity:  SEC’s Observations from OCIE’s Presence Exams of Private Equity Fund Advisers, published by the Investment Management and Private

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January 2014 – Bryan Cave Client Alerts

February 14, 2014

Authors

Bryan Cave

January 2014 – Bryan Cave Client Alerts

February 14, 2014

by: Bryan Cave

Client service groups throughout Bryan Cave LLP often prepare alerts on issues of interest to our clients and friends.  Listed below are the client alerts published in January, 2014.  Please click on the title to read the full text of the Alert.

Qualified Plan Limits, published by Employee Benefits and Executive Compensation, January 21, 2014

California “Do-Not-Track” Law Has Gone Into Effect, Requiring Some Websites to Revise Privacy Policy, published by the Data Privacy and Security Team, January 9, 2014

Federal Trade Commission Increases Interlocking Directorates Thresholds, published by Antitrust and Competition, January 24, 2014

Eleventh Circuit Holds that Affiliates of Indicted Contractor May Be Suspended from Government Contracting Indefinitely, Despite No Wrongdoing, published by Government Contracts, January 3, 2014

‘Single Asset Real Estate’:  A Concept in Need of Redefinition, published by Bankruptcy, Restructuring and Creditors’ Rights, January 15, 2014

Tax Court

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February 2014 – Bryan Cave Client Alerts

February 28, 2013

Authors

Bryan Cave

February 2014 – Bryan Cave Client Alerts

February 28, 2013

by: Bryan Cave

Practice groups throughout Bryan Cave often prepare alerts on issues of interest to our clients and friends.  Listed below are the client alerts published in January 2014.  Please click on the title to read the full text of the Alert.

Voluntary for Now:  Federal Cybersecurity Framework Likely to Become the Base-Line Requirement for Critical Infrastructure Organizations and, Potentially, Many Other Businesses, published by the National Security Data Privacy and Security Team, February 20, 2014.

Managing Legal Risks:  Trends in Data Privacy & Security Class Action Litigation, published by the Data Privacy and Security Team, February 27, 2014.

Bankruptcy Court Limits Credit Bid Right In An Unnecessarily “Rushed” Sale Process, published by the Bankruptcy, Restructuring and Creditors’ Rights Practice, February 14, 2014.

Proposed Regulation Would Limit Ability to Restrict Public Disclosure of Product Information Submitted to the CPSC, published by the Consumer Protection and Data Privacy Practice, February

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September 2012 Client Alerts

October 4, 2012

Authors

Bryan Cave

September 2012 Client Alerts

October 4, 2012

by: Bryan Cave

Health Care Reform:  Guidance on Play or Pay and 90-Day Waiting Period

On August 31, 2012, the Departments of Labor, Treasury, and Health and Human Services jointly issued temporary guidance on two related health care reform issues:  (i) determining full-time status of employees for purposes of the employer “play or pay” penalty and (ii) implementation of the 90-day maximum waiting period adjustment.  As the two pieces of guidance refer to one another, it is important to understand them both.  To learn more about the guidance issued on these two health care reform issues, please click here to read the Alert published by the Employee Benefits and Executive Compensation Client Service Group on September 24, 2012.

U.S. Army Solicits $7 Billion in Renewable Energy Contracts

The US Army Engineering and Support Center is accepting bids for new renewable and alternative energy projects to provide electrical utility services to sites under

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August 2012 Client Alerts

September 4, 2012

Authors

Bryan Cave

August 2012 Client Alerts

September 4, 2012

by: Bryan Cave

SEC Issues Final “Conflict Minerals” Rule

The SEC has issued its final rule to implement the “conflict minerals” disclosure requirements in Dodd-Frank.  The SEC originally issued proposed rules with a comment period that was to have ended in January 2011.  Final rules were required to be published by April of 2011.  The SEC formally extended the public comment period by 30 days and then spent nearly 17 months receiving thousands of letters, meeting with many “interested persons,” and hosting an SEC Roundtable.  Dodd Frank amended the SEC Exchange Act of 1934 by adding a requirement that the  SEC publish disclosure rules concerning the use of certain minerals that originate in the Democratic Republic of the Congo.  To learn more about the disclosures required by the rule, please click here to read the Bulletin published by the Corporate Finance and Securities Client Service Group on August 29, 2012.

The Contraceptive Mandate:  What Do

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July 2012 Client Alerts

August 4, 2012

Authors

Bryan Cave

July 2012 Client Alerts

August 4, 2012

by: Bryan Cave

Two Key Rulings of the Supreme Court

A “Common Sense” Approach to Overtime Exemptions.  The Supreme Court’s recent ruling in Christopher v. SmithKline Beecham Corp., DBA GlaxoSmithKline established that when classifying employees as exempt or nonexempt under the Fair Labor Standards Act, employers should not abandon common sense and industry practice.  The Christopher case puts the Department of Labor and potential plaintiffs on notice that unreasoned and overly narrow interpretations of the exemptions should be rejected by courts, especially when such interpretations would subject business to unfair surprise.

Supreme Court Strikes Down Much of Arizona Immigration Law.  Arizona enacted the Support our Law Enforcement and Safe Neighborhoods Act in 2010 in an attempt to address immigration concerns within its borders.  In a 5-3 decision, the Supreme Court struck down a significant part of the Arizona law.

For summaries of these two important rulings of the Supreme Court, please click

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June 2012 Client Alerts

July 25, 2012

Authors

Bryan Cave

June 2012 Client Alerts

July 25, 2012

by: Bryan Cave

What do video game, music, and free online telephone networks have in common?  If your employees use them they can lead to a FTC data security investigation.

Although the days of Napster and Gnutella may be over, the technology upon which those applications were based — peer-to-peer networks or “P2P” — is alive and well in modern-day programs that share video games and music.  As two recent Federal Trade Commission enforcement actions illustrate, companies that permit employees to use P2P applications — either knowingly or unknowingly — may face government investigations and possible liability.  To learn more, please click here to read the Bulletin published by the Data Privacy & Security Team on June 19, 2012.

FTC Cracks down on the Collection of Social Media Data For Employment Decisions

A survey released this year indicates that in some industries almost 40% of employers reviewed job candidates’ profiles on social

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May 2012 Client Alerts

June 11, 2012

Authors

Bryan Cave

May 2012 Client Alerts

June 11, 2012

by: Bryan Cave

Oil and Natural Gas Production Subject to New Air Rules

On April 17, 2012, the EPA issued new rules targeting potential emissions associated with hydraulically fractured wells.  Other activities at upstream and midstream facilities are also impacted by the new rules.  To learn more about the new requirements to reduce emissions from the oil and natural gas production sector, please click here to read the Alert published by the Environmental and Energy and Natural Resources Client Service Group on May 1, 2012.

Medical Marijuana:  Arizona Law and the Americans with Disabilities Act

While employers have implemented policies to comply with Arizona’s medical marijuana laws, the federal Ninth Circuit Court of Appeals has issued a ruling that could exclude employees who use medical marijuana from protection under the Americans with Disabilities Act.  To read more about the ruling and the context of the issue considered by the Court, please Read More

April 2012 Client Alerts

June 6, 2012

Authors

Bryan Cave

April 2012 Client Alerts

June 6, 2012

by: Bryan Cave

IRS Releases Proposed Rules on New Comparative Effectiveness Fee for Health Plans

On April 12, 2012 the IRS released proposed regulations regarding the collection of the fee for the Patient-Centered Outcomes Research Trust Fund (the “Fund”) under the Patient Protection and Affordable Care Act.  The Fund will be used to pay for the Patient-Centered Outcomes Research Institute which has the goal of helping health care providers and consumers make informed health decisions by synthesizing research comparing the outcome effectiveness of various treatments.  To learn more about proposed  regulations, the plans that will be impacted and the fee, please click here to read the Alert published by the Employee Benefits and Executive Compensation Client Service Group on April 23, 2012.

The Absolute Priority Rule:  An Endangered Species in Individual Chapter 11 Cases?

The absolute priority rule of Section 1129(b) of the Bankruptcy Code is a fundamental creditor protection in a Chapter

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