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HTMLEbola Preparedness: Employee Education Is Key
John L. Litchfield; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 27, 2014
In the wake of the world’s largest Ebola Virus Disease (EVD) outbreak in history, Americans have been inundated with media hype surrounding the disease, and the government and employers’ perceived inadequacy in their response. While the threat of a widespread EVD outbreak in the United...

 

HTMLAltering a Document Results in SEC Enforcement Action Against RIA Compliance Officer
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 31, 2014
A former compliance officer of a registered investment advisory firm is the subject of a recently filed SEC enforcement action (In re Wolf, SEC, Admin. Proc. File No. 3-16195, 10/15/14) based on allegations she altered a document before submitting it to the SEC as part of its investigation in...

 

HTMLRepeated Custody Rule Violations Leads to SEC Enforcement Action
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 31, 2014
While an SEC registered investment adviser may be able to escape enforcement action if a violation of the SEC rules is a one-time event and immediate action is taken by the adviser to prevent the violation from reoccurring, it is clear that if such violations occur on a repeated basis and the...

 

HTMLA Peek at the 60 Minutes GenePeeks Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 29, 2014
On October 26, 2014, 60 Minutes aired a story called “Breeding Out Disease” that included a segment about GenePeeks, a company that uses genetic information from prospective parents to make thousands of “digital babies” and ”calculate the risk of two people conceiving...

 

HTMLCMS Unveils New Plan to Provide Infrastructure Capital to ACOs
Alexis Finkelberg Bortniker; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 30, 2014
The Center for Medicare & Medicaid Innovation introduced the ACO Investment Model, on October 15, 2014, through which CMS will provide newly-formed ACOs in rural and underserved areas access to capital necessary for investment in the infrastructure necessary to successfully implement care...

 

HTMLIRS Releases Favorable Private Business Use Rules for Facilities Financed With Tax-Exempt Bonds
Michael G. Bailey, David Y. Bannard, Chauncey W. Lever, Richard F. Riley, Mark T. Schieble; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 28, 2014
On October 24, 2014, the IRS released Notice 2014-67, which establishes more favorable safe harbors for types of service contracts and other arrangements using property financed with tax-exempt bonds. The Notice also provides helpful guidance of more limited scope regarding the treatment of...

 

HTMLExcessive Fee Case Withstands Dismissal
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 31, 2014
A court recently allowed an excessive fee case to withstand a dismissal motion. While the case is specific to investment advisers to funds of funds, the case contains cautions for all mutual fund directors.

 

HTMLWisconsin's Court of Appeals Rejects Municipality's "Fee in Lieu of Room Tax"
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 27, 2014
Nothing in life might be certain but death and taxes, but a recent decision from Wisconsin’s court of appeals turned out to be an exception to that rule. In Bentivenga v. City of Delavan, No. 2014AP137 (Ct. App. Oct. 15, 2014), District II held that the City of Delavan could not require...

 

HTMLThe Next Cleat Drops... College Athletes Sue for Unpaid Wages
Jonathan L. Israel; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on November 3, 2014
If college athletes are employees under the National Labor Relations Act (“NLRA”), then why not under the Fair Labor Standards Act (“FLSA”)? That proposition predictably follows from the recent determination by the Chicago Regional Director of the National Labor Relations...

 

HTMLSuing the State: Class Action or "Mass Action"
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 31, 2014
Wisconsin’s court of appeals recently clarified the extent to which class-action lawsuits may be brought against Wisconsin governmental entities in Townsend v. Neenah Joint School District, No. 13AP2839 (Oct. 22, 2014). Wisconsin cases have recognized the tension between the class-action...

 


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