New and Upcoming Funding Opportunities in the Bioeconomy April 25, 2016 Stephen R. Bolotin Now that we are firmly into the third quarter of the federal fiscal year, the U.S. Department of Energy (DOE) continues to announce attractive funding opportunities in support of the bioeconomy through its various program offices. These new and upcoming funding opportunity announcements (FOA) have the...
User Without Notice of Online Agreement Cannot Be Compelled to Arbitrate April 28, 2016 Richard Raysman It is uncontroversial to posit that most people sign far more contracts online than the time-honored method, ubiquitous during the pre-Internet era, of putting pen to paper. Given the dissimilarities between signing a contract online, with its hyperlinks, scroll boxes and assent buttons, and...
ALERT Call to Bid Issued for Mexico's Second Long-Term Power Auction May 3, 2016 Jose Antonio Prado Carlos Ochoa Aldo Gonzalez Jose A. Toriello Martinez Mexico's National Center for Energy Control (CENACE) on April 29, 2016, published its call to bid for the second long-term power auction in Mexico, seeking to award power purchase agreements (PPAs) of 15 to 20 years, primarily to...
ALERT Employers Face Exposure for Cyberbreaches May 3, 2016 Phillip M. Schreiber Christopher G. Cwalina Norma M. Krayem HIGHLIGHTS: A newly filed lawsuit in California and a recent decision from the U.S. Court of Appeals for the Seventh Circuit serve as reminders to employers that the protection of sensitive employee information from cyberthreats should be a priority. In the Seventh Circuit...
ALERT FAA Allows Drones for Educational Use May 6, 2016 Jameson B. Rice Charles D. Tobin HIGHLIGHTS: A new Federal Aviation Administration (FAA) memorandum substantially expands the permitted use of unmanned aircraft systems (UAS, or drones) at educational institutions, principally by students in connection with coursework. Faculty may also conduct "de minimis" operations of...
ALERT Medicare Proposes Sweeping Changes to Physician Payments May 10, 2016 Miranda A. Franco HIGHLIGHTS: The Centers for Medicare & Medicaid Services (CMS) released a proposed rule to implement major Medicare physician payment reform provisions included in the Medicare Access and CHIP Reauthorization Act (MACRA). The act would implement reforms to tie physician payment updates to...
GAO Proposes Changes to Bid Protest Regulations, Including Imposing a Filing Fee May 11, 2016 Gregory R. "Greg" Hallmark On April 15, 2016, the Government Accountability Office ("GAO") published a number of proposed changes to the procedural rules that govern bid protests in that forum. See 81 Fed. Reg. 22197. The primary purpose is to implement a new...
Arbitration Forum Dispute Does Not Necessarily Breach Contract Nor Waive Arbitration Right May 11, 2016 Richard Raysman It is not breaking news that arbitration clauses are both increasingly favored and enforced, especially after the 2011 Supreme Court decision that held that the Federal Arbitration Act preempted a California state law that had prohibited contracts from barring class-wide...
ALERT House GOP Wins Challenge Against Affordable Care Act May 12, 2016 Nicole M. Elliott The Affordable Care Act (ACA) has withstood several constitutional challenges. Most wellremembered perhaps, is when, in 2012, the U.S. Supreme Court upheld the individual mandate, which requires individuals to have health coverage, have an exemption or pay a penalty. There continues, however, to be...
Out in Front on Drone Integration When a coalition of news organizations wanted to make the case before the National Transportation Safety Board that unmanned aerial newsgathering is protected by the First Amendment, they called on Holland & Knight's cutting-edge Drone Practice Team to file a first-ever brief on their behalf. Traditionally, unmanned aircraft have been used for...
The Dutch Defense Against Hostile Takeovers 03.07.16 Law 360 People: Westhoff, Paul | Oevelen, Cees van | Melchers, Thédoor Experience: Corporate & Securities | Mergers & Acquisitions Offices: Amsterdam Anti-takeover mechanisms aim to prevent a publicly listed company from being taken over by a hostile bidder or an activist shareholder. For many years, flexible...
Why Food Companies May See More Slack-Fill Class Actions 04.12.16 Law 360 People: Shackelford, Rick L. | Newman, Daniell K. Experience: Class Action Litigation Offices: Los Angeles A new front has been opened by the plaintiffs class action bar in the “food wars.” In addition to claims against food and beverage manufacturers challenging unregulated words like...
DOS Visa Revocation Policy May Pose Serious Consequences 04.19.16 Law 360 People: Rymer, Nataliya Experience: Business Immigration & Compliance Offices: Philadelphia On March 14th, 2016, the U.S. Department of State made public all unclassified Foreign Affairs Manual (FAM) Volume 9 content. The updated FAM included the State Department’s revised policy in connection with...
Ability to Challenge Agencies in Court is 'Judicial Activism' Both Sides Can Support 05.02.16 National Law Journal People: Stouck, Jerry Experience: Environmental Offices: Washington, D.C. The U.S. Supreme Court will soon decide a case that may allow federal courts to involve themselves in a greater number of public policy disputes. Hawkes Co., Inc. v. EPA, argued on March 30, will...
10 steps to commercial lease negotiating — without the pain 05.05.16 Austin Business Journal People: Parker, David | Bernstein, Joshua Experience: Real Estate Offices: Houston | Austin Dealing with commercial leases in Austin is an unavoidable reality of operating a business — but it doesn’t have to be a painful one. Leases can be, and usually are, complex. However,...