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|Zombie (Debt Collector) Beware: West Virginia Expands Prohibited Actions|
Sarah B. Smith; Spilman Thomas & Battle, PLLC;
July 26, 2014, previously published on July 16, 2014America’s fascination with zombies infiltrated the West Virginia Legislature during the 2014 Regular Session, resulting in the introduction of a “zombie debt” bill, House Bill 4360. The bill, as introduced, was designed to thwart all debt collection efforts after a debt’s...
|Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process|
Mark L. Jensen, J. Scott Maberry, Robert L. Magielnicki, Thaddeus Rogers McBride, Brian D. Weimer; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 18, 2014In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the investment deprived the foreign investor of due process under the 5th...
|The Supreme Court’s Keewatin Decision: How Will it Affect Canada’s Resource Industries?|
Laura Easton, Heather L. Treacy; Davis LLP;
July 23, 2014, previously published on July 21, 2014On July 11, 2014, the Supreme Court of Canada (“SCC”) issued its decision in Grassy Narrows First Nation v Ontario, 2014 SCC 48 (“Keewatin”) and confirmed that Ontario has the exclusive power to “take up” treaty lands located in the Keewatin area of Treaty 3...
|Virginia Federal Court Lacks Jurisdiction Over Arizona Resident|
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
July 21, 2014, previously published on July 2014In Hirsch v. Johnson, the United States District Court for the Eastern District of Virginia held that the court lacked personal jurisdiction over the defendant, an Arizona resident, under Virginia law and the Fourteenth Amendment to the United States Constitution. The Court rejected...
|Update: Governor Agrees to Sign Brownfield Cleanup Program Extension Bill|
Phillips Nizer LLP;
July 9, 2014, previously published on June 2014On June 24, 2014, Governor Andrew Cuomo committed to signing the legislation that will extend the New York State Brownfield Cleanup Program (BCP). Speaking to reporters while in Buffalo, Governor Cuomo was quoted as saying, “We didn’t have total agreement on the overall reform, so what...
|Canadian Derivative Trade Reporting Rules Further Amended|
Carol E. Derk, Julie Mansi; Borden Ladner Gervais LLP;
July 9, 2014, previously published on June 27, 2014With just four months to go before derivative trade reporting is required in some of the provinces of Canada, the Ontario Securities Commission (the Commission) released a second set of amendments on June 26, 2014 to OSC Rule 91-507 Trade Repositories and Derivatives Data Reporting (the Trade...
|Florida Overhauls Its Data Security Breach Notification Law Effective July 1, 2014|
Chanley T. Howell, James R. Kalyvas, Steven M. Millendorf, Michael R. Overly; Foley & Lardner LLP;
June 24, 2014, previously published on June 20, 2014On June 20, 2014 Governor Rick Scott approved the Florida Information Protection Act of 2014, overhauling the requirements and steps companies must follow when faced with a potential or actual security breach resulting in the unauthorized disclosure of personal information. The text of the law can...
|Grocery Manufacturers File Suit Against Vermont Over GMO Law|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 23, 2014, previously published on June 18, 2014In April, we wrote about the Vermont legislature’s approval of a bill that would require manufacturers to change the retail labels of certain foods to indicate that they are GMO. On May 8, 2014, Vermont enacted the final version of this bill, now Act 120, which requires manufacturers to make...
|What's New Under the Defense of Marriage Act|
Wyatt J. Holliday; Shumaker, Loop & Kendrick, LLP;
May 27, 2014, previously published on May 1, 2014A major reason that employee benefits, such as employer provided healthcare and retirement plans, exist is that they provide a tax-advantaged way for an employer to provide additional compensation to an employee, her spouse, and their dependents. The Defense of Marriage Act (“DOMA”)...
|Recent Changes in the Registered Capital System in China|
Patrick H. Hu, H. John Kao, Ian M. Liao, Jessie Chenghui Tang, Liming Yuan; Jones Day;
May 26, 2014, previously published on May 2014On December 28, 2013, the Standing Committee of the National People's Congress passed certain amendments to the PRC Company Law, effective as of March 1, 2014. These amendments have relaxed certain registered capital requirements for domestic and foreign companies in China.