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|Brexit: Progress Report One Month In|
Simon Harms, Paul Maher, Lisa Navarro, Gillian Sproul; Greenberg Traurig Maher LLP;
August 5, 2016, previously published on July 25, 2016This Alert provides a status report on progress toward Brexit over the month that has elapsed since the "Leave" vote in the UK's referendum of 23 June 2016. It is one of a series of GTM Alerts designed to assist businesses in identifying the legal issues to consider and address in...
|The Impacts of Menards Inc. v City of Escanaba|
Jack L. Van Coevering; Foster, Swift, Collins & Smith, P.C.;
August 4, 2016, previously published on June 30, 2016On May 26, 2016, the Court of Appeals issued a published decision in Menards Inc. v City of Escanaba, supra, reversing the Tax Tribunal’s decision (MTT Dk Nos 00-441600, 14-001918). The Court of Appeals held that when a market contains anti-competitive deed restricted property, use of the...
|New Freedom of Information Act Case: Documents Do Not Have to Be Produced by the Time the FOIA Response is Due|
Anne M. Seurynck; Foster, Swift, Collins & Smith, P.C.;
August 4, 2016, previously published on July 19, 2016On June 23, 2016, the Michigan Court of Appeals issued an opinion that affects how public bodies must respond to certain FOIA requests and when the public body is required to produce documents. In Cramer v Village of Oakley, the plaintiff, Ms. Cramer, filed six separate FOIA requests on May 15,...
|How to Get a Government Project Started|
David M. Lick; Foster, Swift, Collins & Smith, P.C.;
August 4, 2016, previously published on June 30, 2016Local governments often desire upgraded infrastructure or new facilities. However, risk of failure and lack of upfront capital are impediments to getting started. Too often, the rainy day fund is depleted and governmental staff have been reduced significantly. To pursue projects, local governments...
|Second Circuit Limits Territorial Reach of U.S. Government to Domestically Stored Data|
Theodore T. (Ted) Chung, Daniel J. (Dan) McLoon, Mauricio F. Paez, Gregory P. Silberman, John A. Vogt; Jones Day;
August 3, 2016, previously published on July 2016In a highly anticipated decision, the Second Circuit ruled on July 14, 2016, that the United States cannot compel Microsoft Corp. ("Microsoft") to disclose certain customer emails stored in Ireland because Congress did not intend the warrant provisions of the Stored Communications Act...
|New Legislation in North Carolina Impacts the Agribusiness Industry|
Ernest C. Pearson; Nexsen Pruet, LLC;
August 3, 2016, previously published on July 18, 2016In the recently ended session in the General Assembly, Senate Bill 770 was enacted. This bill is entitled “An Act To Provide Further Regulatory Relief To The Agricultural Community.”
|Key Changes in TSCA Reform Legislation|
Mary Beth Deemer, Kevin P. Holewinski, Jane Borthwick Story; Jones Day;
August 3, 2016, previously published on July 2016After years of efforts aimed at updating the Toxic Substances Control Act ("TSCA"), the Frank R. Lautenberg Chemical Safety for the 21st Century Act ("Act") was signed into law on June 22, 2016. Chemical manufacturers and processors should begin to plan what internal...
|More Clarity on Expatriate Health Plans and the ACA|
Jeanne Ellen Floyd, Timothy J. Stanton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 28, 2016, previously published on July 11, 2016Expatriate health plans have been surprisingly difficult to reconcile with the Affordable Care Act (ACA). Proposed regulations set to take effect in 2017 provide some useful guidance to U.S. employers that sponsor expatriate plans as they try to avoid triggering ACA penalties.
|DOJ Issues Rule Implementing Bipartisan Budget Act and Doubling FCA Civil Penalties|
B. Kurt Copper, Pierre C. Hines, Laura E. Koman, Heather M. O'Shea; Jones Day;
July 28, 2016, previously published on July 2016On June 29, 2016, the Department of Justice ("DOJ") issued an interim rule—the Civil Monetary Penalties Inflation Adjustment, 81 Fed. Reg. 42,491 (June 30, 2016)—that will nearly double civil penalties for False Claims Act ("FCA") violations. The rule implements the...
|NYS Department of Financial Services Adopts Final Rule Imposing Enhanced BSA/AML Compliance Standards on Financial Institutions|
Michael A. Berlin, Carl A. Fornaris, Harold N. Iselin, William B. Mack, Niall E. O'Hegarty; Greenberg Traurig, LLP;
July 28, 2016, previously published on July 11, 2016On June 30, 2016, the New York State Department of Financial Services (DFS or the Department) announced its adoption of the final version of its new regulation (the Final Rule) setting forth the required elements of “Transaction Monitoring and Filtering Programs” maintained by New York...