12.07.18

Susan Rogers Issues the December Washington Tax Newsletter

Because of the split control between Republicans, who hold the White House and the Senate, and the Democrats, who hold the House, it is unlikely that major changes to the tax code will advance in the 116th Congress, which convenes in January 2019.  It is possible, however, that some taxinitiatives will be considered if they are […]
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11.01.18

PLG Partner Susan Rogers Issues the November Washington Tax Newsletter

With both the House and Senate adjourned in order to campaign ahead of the November 6th mid-term elections, no further legislation will be addressed until a lame duck session.  Both chambers are scheduled to return to Washington on November 13th.  The outcome of the elections will likely have an effect on what issues will be addressed […]
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11.01.18

“What is your emergency?” – FCC Prepares to Expand Enhanced 911 Mandates to All Locations Supported by Multi-Line Telephone Systems

Is your Multi-Line Telephone System (“MLTS”) currently providing direct 911 dialing (without requiring the dialing of any other digits or “9” to access an outside line), and on-site notification to a central location at the facility where the MLTS is installed to expedite emergency response?  Is your MLTS capable of transmitting dispatchable location information for […]
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10.25.18

FCC Announces New “Highest Bidder” Auction for 833 Vanity Toll-Free Numbers

The FCC has announced that certain vanity toll-free numbers in the new 833 toll-free code will be auctioned off to the highest bidder.  This represents a departure from the FCC’s longstanding policy of allocating toll-free codes on a first-come, first-served basis.  In a Report and Order issued on September 26, 2018, the FCC announced that it will […]
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10.09.18

Susan Rogers Issues the October Washington Tax Newsletter

The House voted 361-61 to approve a FY 2019 spending bill that would keep the government running past September 30th until December 7th by approving funding for the departments of Defense, Labor, Education and HHS and including short term funding for the rest of the government.  Despite his threat that he would not sign a […]
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09.19.18

Susan Rogers Issues the September Washington Tax Newsletter

Congressional activity slowed in the month of August with both the House and Senate taking a recess, although the Senate recess was shortened to one week.  Key legislative issues, including the FY 2019 appropriations bills, must be dealt with this month, but the upcoming mid-term elections will be the primary focus in Washington this fall with […]
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09.12.18

PLG Partner Ayesha Khan Publishes Newsletter “Can Employers Monitor Personal Email Accounts that Employees Access with Company-Issued Devices?”

Because of our dependence on cellphones, computers, and other devices, our activities and whereabouts have become trackable in ways we can’t even imagine.  Last term, the U.S. Supreme Court addressed a situation in which law enforcement personnel were able to track the location of several robbery suspects by tracking the whereabouts of their cellphones.  See […]
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09.11.18

FCC Annual Regulatory Fee Payments Due Tuesday, September 25, 2018

The FCC Annual Regulatory Fees are due Tuesday, September 25, 2018.  All FCC licensees, with some very limited exceptions, and Responsible Organizations (RespOrgs) must pay this fee. Payments must be received by the FCC by 11:59 p.m.  Eastern Time on that day or be subject to a mandatory 25 percent late payment fee. All Interstate […]
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08.05.18

Susan Rogers Issues the August Washington Tax Newsletter

The House has adjourned for the summer and will return to work on September 4th.  The Senate will work for most of the month of August, with only a one-week break August 6-10th.  In July, work continued in both the House and Senate on appropriations bills for FY 2019, which starts October 1, 2018. Click […]
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07.12.18

Susan Rogers Issues the July Washington Tax Newsletter

The announcement by Supreme Court Justice Kennedy that he will retire from the Court as of July 31st and the nomination of Brett Kavanaugh to the Court will have a significant impact on the agenda for Congress this fall leading up to the mid-term elections. Senate Majority Leader McConnell (R-KY) plans to have the Senate move quickly […]
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07.06.18

Client Bulletin: California Enacts Sweeping Data Privacy Law

Last week, California Governor Jerry Brown signed into law the California Consumer Privacy Act (CCPA).  The comprehensive law imposes some requirements that are similar to those of the European Union’s General Data Protection Regulation (GDPR), which went into effect in May 2018.  CCPA, which takes effect on Jan. 1, 2020, will require companies across the […]
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06.11.18

Susan Rogers Issues the June Washington Tax Newsletter

Senate Majority Leader McConnell cancelled most of the Congressional August recess for the Senate in order to work on federal spending bills and pending confirmations, which will keep Democratic senators from campaigning in August for the mid-term elections. The House is unlikely to cancel their August recess. Click the image below to read more.
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05.03.18

Susan Rogers Issues the May Washington Tax Newsletter

House and Senate Republican leaders are working on a plan to move appropriations bills quickly this year and avoid any drama over government spending prior to the fall mid-term elections. House Speaker Paul Ryan (R-WI) announced that he will retire from Congress when the current legislative session officially ends in early 2019 (following the 2018 mid-term elections). […]
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04.29.18

PLG Partner Ayesha Khan Publishes Newsletter “Does the Americans with Disabilities Act Apply to Company Websites?”

Last year, Winn-Dixie lost an ADA-compliance lawsuit—- Gil v. Winn-Dixie Stores, Inc., 257 F. Supp. 3d 1340 (S.D.N.Y. 2017)—- because blind individuals, who use screen readers to navigate websites, could not effectively use the supermarket chain’s website. Winn-Dixie, which has appealed the ruling, is not alone. In the last year, litigants have filed hundreds of […]
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04.18.18

Susan Rogers Issues the April Washington Tax Newsletter

Prior to leaving for their Easter recess, Congressional leaders approved legislation called the Consolidated Appropriations Act, 2018, which is an omnibus spending package that funds the federal government for the remainder of FY 2018.  Passage of this bill, which was signed into law by the President on March 23rd, ends the series of Continuing Resolutions […]
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04.05.18

Client Bulletin: FCC Launches Rulemaking to Create Database(s) For Businesses to Avoid Calling Reassigned Numbers and Potentially Insulate Them from TCPA Liability

On March 23, 2018, the FCC initiated a new proposed rulemaking in its ongoing effort to combat robocalls, the biggest source of consumer complaints the FCC receives, by making available to business callers one or more comprehensive databases providing the current assignment of reassigned telephone numbers to avoid unintended calls by telemarketers to numbers that have been assigned to new subscribers. […]
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03.21.18

Client Bulletin: DC Circuit Largely Rejects FCC’s Declaratory Ruling Expanding Potential TCPA Liability for Autodialed Calls and Texts

On Friday, March 16th, nearly 18 months after hearing oral argument in October 2016, the DC Circuit released its long-awaited opinion resolving a number of challenges to the FCC’s 2015 Declaratory Ruling and Order (30 FCC Rcd 7961, FCC 15-72, found here) interpreting the Telephone Consumer Protection Act of 1991 (“TCPA”) (“Order”). Specifically, the Court set […]
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03.01.18

Susan Rogers Issues the March Washington Tax Newsletter

The President delivered his first State of the Union address on January 30th with comments focusing on immigration reform and infrastructure spending.  The Bipartisan Budget Act of 2018 (“Budget Act”), which was approved by Congress and signed into law by the President in early February, is a two-year budget agreement that sets defense and non-defense spending levels […]
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02.14.18

Client Bulletin: Reminder – Upcoming Federal Filing Deadlines for Carriers, VolP Providers, and Broadband Providers

The Federal Communications Commission has a number of regulatory filing deadlines in the coming weeks that affect carriers, interconnected and non-interconnected Voice over Internet Protocol (VoIP) providers, and broadband providers. CPNI Certificates On June 29, 2017, the FCC reinstated its rules regarding the filing of Customer Proprietary Network Information (CPNI) (See FCC 17-82). The rules […]
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02.01.18

Susan Rogers Issues the February Washington Tax Newsletter

Congress returned in January to face a full agenda of issues that must be addressed in 2018 but which will certainly be affected by the politics of the year with mid-term elections in the fall providing an opportunity for Democrats to take control of either the House or Senate – or both.  The successful completion […]
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01.03.18

Susan Rogers Issues the January Washington Tax Newsletter

Congress returns in January to face several challenging issues with pressing deadlines, including funding the federal government for the rest of FY 2018, raising the debt limit, extensions of the Children’s Health Insurance Program (CHIP) and the Foreign Intelligence Surveillance Act (FISA), a disaster relief bill, bipartisan legislation to stabilize Obamacare, and a legislative solution for […]
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12.29.17

Client Bulletin: FCC’s Deregulatory Restoring Internet Freedom Order Prioritizes Transparency Disclosures by Broadband Providers

By Douglas G. Bonner and Katherine Barker Marshall The FCC’s much ballyhooed December 14, 2017 reversal of its 2015 Title II classification of broadband Internet access services (“BIAS”) (“Title II Order”) means a much lighter FCC regulatory touch consistent with the current FCC Commission’s view that it has limited statutory authority to regulate the Internet.  […]
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12.05.17

Susan Rogers Issues the December Washington Tax Newsletter

Congress faces a full agenda in December before the planned adjournment for the holidays including funding the government beyond the current Continuing Resolution expiration date, completion of comprehensive tax reform legislation, renewal of a children’s health program, and work on the Deferred Action for Childhood Arrivals (DACA) program. Click the image below to read more.
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11.15.17

Client Bulletin: Are You Ready For the GDPR?

By Douglas G. Bonner and Jeff Kosseff. The EU’s General Data Protection Regulation (“GDPR”) becomes legally effective on May 25, 2018, only six months from now. The GDPR replaces the EU Data Protection Directive (“Directive”) regulating the collection and use of personal data of EU residents. It has greater extraterritorial reach than the Directive, which […]
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10.06.17

Susan Rogers Issues the October Washington Tax Newsletter

Unlike the September Congressional work period during which Congress faced a number of pressing deadlines, the October work period will have tax reform as its focus as Members of Congress work to achieve a key legislative success before the end of the year. In September, the President struck a deal with Congressional Democratic leaders which […]
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09.22.17

Client Bulletin: FCC Proposes Consolidated, Uniform Formal Complaint Rules

By Douglas G. Bonner. On September 18, 2017, the FCC released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on what it calls a “uniform set” of procedural rules for certain formal complaint proceedings delegated to the FCC’s Enforcement Bureau for handling by its Market Disputes Resolution Division (MDRD) and Telecommunications Consumers Division (TCD). The […]
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09.07.17

Susan Rogers Issues the September Washington Tax Newsletter

Congress returns on September 5th to face a full schedule with some pressing time deadlines.  The statutory debt limit ceiling must be raised by the end of September and deadlines for FY 2018 appropriations legislation on September 30th must be met, as well as reauthorizations for the Federal Aviation Administration, flood insurance, the Children’s Health Insurance Program, and user fees […]
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08.02.17

Susan Rogers Issues the August Washington Tax Newsletter

The House and Senate were scheduled to start their several week August recess on July 28th, but Senate Majority Leader McConnell (R-KY) announced that the Senate will extend the legislative work period into mid-August to allow time to focus on health care reform, nominations, and other legislative priorities, although the failure of the health care […]
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07.10.17

Client Bulletin: Federal Trade Commission Updates Compliance Guidelines On Collecting Information Online From Children Under 13

By William Baker. The Children’s Online Privacy Protection Act (“COPPA”) restricts the collection by online services of personal information from children under the age of 13.  Enacted in 1998 with the initial purpose of deterring predators from contacting children through online chat rooms, COPPA as applied now restricts many categories of information collection, including targeting […]
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07.07.17

Susan Rogers Issues the July Washington Tax Newsletter

At the end of June, Congress left Washington to return home for a week-long July 4th recess with no progress on the FY 2018 budget, the debt ceiling limit, health care reform, or tax reform.   The Senate continued to focus on health care reform in an effort to move on from that issue to tax reform, but leadership was unable […]
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06.19.17

Client Bulletin: Time Running Out For Online Service Providers To Preserve Their DMCA “Safe Harbor” Protection

By William Baker. Internet websites, mobile apps, social media, and similar services are reminded to file an electronic designation of agent with the U.S. Copyright Office by December 1, 2017.  This is necessary to qualify for the “safe harbor” under the Digital Millennium Copyright Act (“DMCA”) that protects online service providers from monetary liability based […]
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06.06.17

Susan Rogers Issues the June Washington Tax Newsletter

The agenda and legislative schedule facing Congress in the months ahead continues to present significant challenges with uncertainty as to whether any major legislation can be passed in the near future.  There is divided opinion in Washington about whether the firing of FBI Director Comey and the related investigations of Russian contacts with Trump campaign personnel will make […]
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05.23.17

Client Bulletin: New Guidance Suggests that Companies Revisit their Password Policies

By Jeff Kosseff Companies should review their policies on the passwords required to access their information systems to ensure that they comply with evolving federal standards. The National Institute of Standards and Technology (NIST) is revising Special Publication 800-63B, Digital Identity Guidelines for authentication. Although the NIST guidelines are drafted primarily for federal government agencies, […]
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05.18.17

Arbitration Agreements and Black Swans: Supreme Court Strikes Down Kentucky’s Clear Statement Rule as an Impermissible Impediment to Arbitration

By John R. Snyder On May 15 the Supreme Court yet again reasserted the preeminence of the Federal Arbitration Act (“FAA”) over state courts’ efforts to concoct end runs around its dictates. In Kindred Nursing Centers LP v. Clark, No. 16-32, the Court held the Kentucky Supreme Court had “flouted the FAA’s command to place […]
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05.03.17

Susan Rogers Issues the May Washington Tax Newsletter

The White House and Congress continue to face a full legislative agenda including budget deadlines, tax reform, health care reform, and House and Senate intelligence committee hearings on Russian involvement in the 2016 election. The White House released a one-page fact sheet outlining principles for comprehensive tax reform, but did not include legislative language or technical explanations of the […]
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04.03.17

Susan Rogers Issues the April Washington Tax Newsletter

Congress and the White House continue to manage a full legislative agenda including health care reform, budget deadlines, tax reform, House and Senate intelligence committee hearings on Russian involvement in the 2016 election, and confirmation of a Supreme Court nominee. The current Continuing Resolution (CR) expires on April 28th, and Congress will have to address […]
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03.06.17

Susan Rogers Issues the March Washington Tax Newsletter

Congress faces a full legislative agenda for the spring including budget deadlines, health care reform, and tax reform.  The White House and House leaders have called for tax reform by the August recess, while the Senate appears to be on a slower pace for completion of a comprehensive tax package. President Trump addressed Congress on February 28th, presenting […]
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02.02.17

Susan Rogers Issues the February Washington Tax Newsletter

Congressional Republicans held an annual retreat to discuss their agenda for 2017 including a “Two Hundred Day” plan.   President Trump joined the retreat and encouraged an aggressive agenda on health care, tax reform and new trade deals. Speaker Ryan has commented that the “Two Hundred Day Plan” may eventually take the entire year to complete, although he plans to have […]
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01.12.17

Susan Rogers Issues the January Washington Tax Newsletter

President-elect Trump will take office on January 20, 2017.  Congress convened on January 3, 2017.  Based on comments from the Republican leadership and President-elect Trump, it is expected that the Congressional agenda in the early months of 2017 will include repeal of the Affordable Care Act (ACA), tax reform, and changes to environmental regulations, as well as confirmation hearings […]
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12.07.16

Susan Rogers Issues the December Washington Tax Newsletter

On November 8th, Donald Trump was elected the 45th president of the United States.  During the transition period until inauguration day on January 20, 2017, he is working to assemble a team of advisors and cabinet members.  The key appointee for the agenda on tax reform will be Trump’s pick for Treasury Secretary, Steve Mnuchin, […]
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11.10.16

Susan Rogers Issues the November Washington Tax Newsletter

The November 8th  elections will produce major changes in Washington with the Republicans in charge of the White House, House and Senate (albeit not with a filibuster-proof margin).  The policymaking agenda in Washington will be determined by these changes with clear impacts on developments in the area of tax policy and the future of comprehensive […]
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10.19.16

Susan Rogers Issues the October Washington Tax Newsletter

Before leaving town for an extended recess ending after the November 8th elections, Congress approved a short-term funding bill for the federal government.  The same issues must be addressed in a lame duck session in December but with uncertainty as to how they will be resolved pending the outcome of the elections. The Treasury Department […]
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09.20.16

Susan Rogers Issues the September Washington Tax Newsletter

The Presidential and Congressional campaigns are in full gear, while Congress has returned to Washington with a target adjournment date of October 7th to prepare for the November 8th elections.  In an election year that has been unconventional, there is considerable uncertainty about what the political landscape in Washington will be post-election, not only with […]
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08.31.16

Assignment and Change of Control Clauses in License Agreements

By: Larry Schroepfer There’s a provision in license agreements (and many, many other agreements for that matter) that’s often relegated to the “boilerplate” at the end of the document, and it’s whether either or both parties can assign their rights under the agreement to third parties.  Sandwiched somewhere between “Severability” and “Entire Agreement”, this clause […]
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06.03.16

Susan Rogers Issues the June Washington Tax Newsletter

In the June edition of the PLG Washington Tax News, Susan Rogers includes an update on Congressional Activity, Tax Reform, Treasury/IRS update, Wyden Discussion Dra on Cost Recovery Reform & Simplification, and International Issues. Click the image below to read the newsletter.  
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05.19.16

Client Bulletin: DOL Issues Final Rule on Overtime Exemption Salary Minimums

By: Gina Del Negro, Wendy Fischman, and Catherine Guttman-McCabe On May 18, 2016, the U.S. Department of Labor (DOL) posted on its website (https://www.dol.gov/whd/overtime/final2016/index.htm), the long-awaited Final Rule regarding the new overtime regulations that it proposed last summer.  The Final Rule is effective December 1, 2016, and is estimated to extend overtime pay eligibility to over 4 […]
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05.17.16

Client Bulletin: The Defend Trade Secrets Act

By: Catherine Guttman-McCabe What is the Defend Trade Secrets Act? The Defend Trade Secrets Act of 2016 (DTSA), effective May 11, 2016, makes trade secret theft a federal crime and provides employers with powerful protection for trade secret misappropriation by creating a new federal cause of action. However, employers must take certain steps to fully […]
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03.20.16

Satterthwaite and Kabler Author an Article for the RAMW on Protecting your Brand

Potomac Law’s Janet Satterthwaite and Steve Kabler wrote an article for the Restaurant Association Metropolitan Washington (RAMW) website. The blog post focused on a restaurant’s brand being its most valuable asset. The post, entitled “Top 5 Tips to Protect Your Brand in 2016” will stop others from imitating your restaurant, and avoid being sued. You can check […]
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03.11.16

Client Bulletin: CMS’s Final 60-Day Rule Emphasizes Need for Proactive Self-Audits

By: Harry Silver The Centers for Medicare & Medicaid Services (CMS) has issued its Final Regulations interpreting the Affordable Care Act (ACA)-imposed 60-Day Rule which requires healthcare providers and suppliers to return overpayments received from Medicare within 60 days of their “identification.” As discussed in a previous Client Bulletin, the ACA does not specify what […]
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03.02.16

Fischman and Kabler pen article for RAMW about key compensation issues affecting restaurants

Potomac Law’s Wendy Fishchman and Steve Kabler pen an article for the Restaurant Association Metropolitan Washington (RAMW) about the key compensation issues affecting restaurants. The post, entitled “Key Employee Compensation Laws Affecting Restaurants” will make sure that you are paying them correctly under federal and state law. You can check out more from the RAMW Blog […]
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12.21.15

What is CleanClaim?

By: Harry R. Silver CleanClaim is an essential element of any effective compliance program. CleanClaim compares your claims for the past 12 months against an extensive up-to-date data bank of billing and coding rules required by Medicare, Medicaid, private and commercial payers, and standards organizations. Your claims data moves directly from your IT system to our software vendor’s secure […]
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12.10.15

Client Bulletin: The First Judicial Interpretation of the ACA’s 60-Day Rule Increases Uncertainty and Risk for Health Care Providers

By: Harry Silver The Affordable Care Act (“ACA”) requires healthcare providers and suppliers to report and return overpayments made by Medicare or Medicaid within 60 days after they have been “identified” (“the 60-Day Rule”). The ACA does not define “identified,” administrative regulations intended to do so were proposed in 2012 but have not yet been […]
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10.28.15

PLG’s Fischman Presenting at WIPL Network Conference

PLG’s Wendy Fischman will be participating on a panel titled, “Developing BYOD Programs For a Global Workforce”. Despite the popularity of BYOD, employers have less control over employees’ personally owned devices which poses challenges to employers. In particular BYOD programs raise key challenges for multinational employers, given the significant differences in local privacy and employment […]
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07.09.15

Client Bulletin: DOL Publishes Proposed Overtime Regulations Raising Salary Thresholds

By Wendy Fischman and Gina Del Negro.  On July 6, 2015, the United States Department of Labor (“DOL”) published proposed regulations that would more than double the minimum salary requirements for employees to qualify for the executive, administrative, and professional  (“white collar”) exemptions to the minimum wage and overtime pay requirements of the federal Fair […]
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07.02.15

PLG’s Heather Broadwater Publishes Article on International Student Homestays in Net Assets

The July/August edition of Net Assets, a publication of the National Business Officers Association, features an article by PLG Parter, Heather Broadwater. In the article, entitled “International Student Homestays: Panacea or Pandora’s Box?” Attorney Broadwater reviews the risks of international homestays, along with suggestions on how to minimize that risk. Click here to read the article in […]
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06.30.15

Client Bulletin: Your Personal Information is No Longer Private. Now What?

By Michaela Barry. The still unfolding data breach at the United States Office of Personnel Management (“OPM”) has government employees and government contractors reeling.  As of today, it is still unclear exactly what and how much data has been stolen, but even conservative estimates are staggering.  For the millions of individuals with security clearances (or […]
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05.26.15

Client Bulletin: Legal Considerations in Mobile Marketing

By William B. Baker.  Today nearly every business has a mobile marketing strategy.  Whether using mobile applications, mobile-optimized websites, or straightforward text messaging, the number of businesses communicating to mobile devices has soared since the introduction of the iPhone and tablets.  This trend will surely continue; a recent market survey for the Internet Advertising Bureau reports […]
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04.23.15

PLG’s Catherine Guttman-McCabe writes chapter in Emerging Issues in K-12 Campus Security

PLG Partner Catherine Guttman-McCabe has written a chapter in a newly released book, Emerging Issues in K-12 Campus Security: Leading Lawyers and School Security Experts on Creating an Emergency Response Plan, Training Staff, and Observing Warning Signs (Inside the Minds).  Attorney Guttman-McCabe’s chapter is entitled “Emerging Legal Issues: Sexual Misconduct in Elementary and Secondary Schools.” The book’s […]
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04.17.15

Potomac Law Group Achieves Victory for Saudi Client in Human Trafficking Case

Plaintiff Winfred Muchira, a 35-year old Kenyan woman who accompanied a Saudi Arabian family to the U.S. in 2012 to work as a housemaid while three members of the family attended school here, sued the family in federal court more than a year and three months after leaving their employ, claiming that they violated federal human trafficking, forced labor, and enslavement laws.  […]
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04.06.15

PLG Partner William Baker Publishes Article on FCC’s Net Neutrality Order with The International Association of Privacy Professionals

The following piece by PLG’s William Baker was posted to the International Association of Privacy Professionals’ (IAPP) Privacy Tracker in two parts on March 31 and April 2.  The post is reprinted in its entirety below with permission from the IAPP. The FCC’s Net Neutrality Order Part 1: What It Says and How We Got Here Privacy Tracker | Mar […]
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04.06.15

Client Bulletin: The High Cost of Insufficient Data Protection

The High Cost of Insufficient Data Protection   By Lindsey Schek Gillespie Is your company prepared to handle a security incident?  Has your company taken measures to mitigate the impact of a security breach? In 2014 a number of privacy trends emerged that are likely to continue this year.  Among them are growing concerns with the […]
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03.19.15

PLG Welcomes Partner Heather Broadwater

PLG is pleased to announce that Heather Broadwater has joined the firm as a Partner. For nearly twenty years, Heather Broadwater has worked to help employers achieve business goals by complying with applicable laws and treating employees with fairness and respect.  First, as a human resource manager, and later as an attorney, Heather developed and […]
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03.05.15

Potomac Law Group Welcomes Teresa Alutto-Schmidt

We are pleased to announce that Teresa Alutto-Schmidt has joined the firm as Counsel. Teresa Alutto-Schmidt is Counsel in the firm’s Litigation and White Collar Defense and Investigations practice groups.  In addition to her traditional civil litigation experience, which has included motions practice at both the state and federal level, Ms. Alutto-Schmidt has focused on […]
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02.13.15

PLG Partner Bill Baker Interviewed by Legal Talk Network

PLG Partner Bill Baker, who serves as the  budget officer of the Section of Science and Technology Law, was interviewed by Legal Talk Network at the 2015 ABA Midyear Meeting.  Baker talks about the section’s focus on cutting edge legal issues as they intersect with technology and science. This includes education and discussion about subjects such as […]
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01.29.15

Potomac Law Group Welcomes William B. Baker

We are pleased to announce that William B. Baker has joined the firm as a Partner. William (Bill) Baker has more than 30 years of experience in postal, privacy and data security, consumer marketing, and communications law. He has represented First Class business mailers and newspapers in litigation, rulemaking, counseling, and legislative matters involving the […]
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10.22.14

Client Bulletin: Department of Education Issues VAWA Regulations

By Catherine Guttman-McCabe On October 20, 2014, the Department of Education published final regulations to implement the Violence Against Women Act (VAWA), which amends the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The regulations apply to all colleges and universities that participate in federal student financial aid programs and […]
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07.25.14

Client Bulletin: Recent Developments in Non-Discrimination Law

By Catherine Guttman-McCabe, Partner In July, there have been significant developments in non-discrimination law in the areas of sexual orientation, gender identity, and pregnancy discrimination. Sexual Orientation and Gender Identity: New protected Classes for Federal Contractors and Subcontractors On July 21, 2014, President Obama issued an Executive Order, prohibiting employment discrimination in federal employment and […]
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07.01.14

Client Bulletin: Hundreds of Employment and Labor Rulings May be Invalid Following Supreme Court Decision

By Wendy Fischman, Partner Between 2012 and 2013, the National Labor Relations Board (NLRB) made a series of highly controversial rulings that affect every workplace.  The NLRB restricted an employer’s ability to limit its employees’ activity in social media, even when employees openly disparage the employer.  It also prohibited employers from directing employees to keep […]
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06.09.14

Oracle v. Google – Copyrightability of APIs

By Michaela Barry, Counsel, Potomac Law On May 9, the US Court of Appeals for the Federal Circuit handed down their ruling on the appeal (and cross appeal) of Oracle v. Google, a very interesting case that could have wide impact on the use of “application programming interfaces” or APIs.  At issue are 37 Java packages, […]
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05.23.14

It’s not a matter of “if”….

By Michaela Barry, Counsel, Potomac Law Do you have a plan for data breach?  Just about every company, large or small, will eventually be caught up in a data breach scenario, whether real or assumed.  Do you know what you’ll do? According to forensics company Stroz Friedberg, 52% of senior leadership gave corporate America’s response […]
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04.04.14

Trade Secrets – What your Business Needs to Know

A trade secret is a subset of confidential information that is not generally known, has potential or actual economic value from not being generally known, and which may give a competitive advantage to its owner. For example, the formula for Coca Cola is a very famous trade secret.
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