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Arnall Golden Gregory LLP
  Winter 2015
   
     

HOW TO RESOURCE
Background Screening: What Every Employer Needs to Know
Until recently, many companies conducted criminal background checks only on job applicants for higher-level positions or positions that involved direct access to the companies’ finances. Most employers have abandoned this approach in the wake of a sharp increase in negligent-hiring lawsuits, most of which involve lower-level employees. The best practice now is to subject all, or at least most, job applicants to a criminal background check, and require a new background check when considering them for promotion or reassignment into positions that would materially increase the nature or extent of their interactions with the public or their access to company financial accounts. More >

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ISSUES AND INSIGHTS
Payments Ecosystem Risks

The payments ecosystem environment is dynamic. So, too, is the legal landscape and risks facing the payments industry. Because of data breaches by hackers and increased government oversight by the Department of Justice, the Federal Trade Commission, and the Consumer Financial Protection Bureau, processors and independent sales organizations (ISOs) must be proactive in limiting liability exposure and prepared to react in the face of legal challenges. More >

 

AGG UPCOMING EVENTS
HUD Multifamily Programs: Southeastern Region Multifamily HUB Update

The Affordable Housing and Multifamily Residential Practices will host a breakfast briefing with Ruben J. Brooks, the Atlanta Regional Multifamily HUB Director, on February 25, 2015. Attendees will be given the opportunity to interact with HUD senior staff members and learn more about HUD as a multifamily financing option. Click here to register to attend.

Doing Business in the US: What Foreign Companies Need to Know about Government Contracts and Civil Litigation

The US government is the single largest customer in the world and it often contracts with foreign-owned companies. But capitalizing on federal government contracting opportunities can be confusing because of a myriad of unique statues and regulations governing these contracts. Foreign companies that do business in the US – whether selling to the federal government or to other commercial entities – often struggle with an unfamiliar legal system when disputes arise. On April 29, 2015 from 11:00 am – 12:30 pm EST, AGG’s Government Contracts and Litigation Practices will offer a complimentary webinar on how foreign companies can successfully navigate the legal complications of conducting business in the US. Click here for more information and to register.

AGG PAST EVENTS
The Present and Future of US Immigration & Employment: What Businesses Need to Know About Employment Compliance, Visa Processing, and President Obama's Executive Order

AGG’s Employment Practice and Immigration Team hosted a business seminar sponsored by the German American Chamber of Commerce on February 10, 2015. AGG attorneys provided a focused update on national employment and immigration compliance issues, visa processing for German owned companies and German nationals, dual citizenship, international banking disclosures and President Obama‘s executive order on immigration.

The Ramifications of Orphan Drug Court Rulings in 2014 and a Look to 2015

The status of orphan drugs regarding pricing and market exclusivity remains in flux in 2015. A federal court vacated HHS’ Orphan Drug Rule after the trade group Pharmaceutical Research & Manufacturers of America (PhRMA) filed suit. A few months later, the same federal court issued a decision that could affect FDA orphan drug determination. A decision is also pending in a suit filed by PhRMA challenging HHS’s interpretive rule regarding orphan drug exclusion under the 340B Drug Pricing Program. On January 29, 2015, AGG's Food and Drug Practice discussed these actions and how they might affect the orphan drug companies.

Atlanta Real Estate Developers Breakfast Briefing

On January 27, 2015, AGG’s Real Estate Practice kicked off a series of breakfast briefings that will focus on many of the exciting new projects being developed by sophisticated Atlanta companies. The first event featured Egbert Perry, Chairman and CEO of Integral. Mr. Perry discussed Integral's exciting Doraville project, the former General Motors plant, as well as other projects in Integral's pipeline.

Avoid Costly FCPA Mistakes! The Do’s and Don’ts for Life Sciences Companies

Life sciences companies are in the crosshairs of enhanced Foreign Corrupt Practices Act (FCPA) enforcement by the US. Justice Department. Many life sciences companies research, develop, test, or sell their products abroad, and deal with foreign officials on a regular basis. Foreign officials often make the purchasing decision for covered products, as many foreign health systems are operated by active local governments. Additionally, life sciences companies make significant use of distributors, agents and third parties in their international operations, which can present a compliance challenge. On December 9, 2014, AGG’s International Business Practice explained recent FCPA developments and provided practical, best practices for effective compliance efforts.

Hot Topics for Commercial Property Owners and Managers

AGG’s Retail Industry Team held a breakfast briefing on November 5, 2014 to discuss some of the vexing issues facing commercial property owners and managers. For example, what are the considerations when the prospective tenant is “unconventional,” such as a thrift store, an emergency medical clinic or a cigar lounge? How restrictive should you be about a tenant’s use of the space? How do you craft a lease that makes the property manager’s job easier? AGG partners shared their insights about these issues in a panel discussion.

A 2015 User Guide for Employers

On October 23, 2014, AGG’s Employment Practice, Immigration Team, Employee Benefits Practice and Privacy Team held the 2014 Employment Law Seminar. During the six-hour event, attendees received a practical “user guide” to help them troubleshoot the full range of problems facing their increasingly mobile and global workforce; and were given the opportunity to participant in industry breakout sessions led by AGG attorneys to discuss particular challenges.

Hot Topics in Government Contracts

Government contractors face increased prosecution risk in three principal areas: mandatory disclosure, antitrust and false claims. On October 16, 2014, AGG’s Government Contracts and Government Investigation and Special Matters Practices shared advice on the best possible responses to a government investigation and how to proactively limit company exposure.

State of the Retail Market

On October 7, 2014, AGG’s Retail Industry Team hosted a breakfast briefing with fellow Atlantan Bob Welanetz, Global Retail Advisor for Blackstone and Chairman of ICSC (2014-2015). Mr. Welanetz discussed current ICSC initiatives and the state of the local, national and global retail markets.

What Irish and Northern Irish Companies Need to Know Now

AGG’s International Business Practice presented a complimentary three-part webinar series focused on Irish and Northern Irish companies doing business in the US. The 60-minute presentations discussed business-sensible, proactive approaches to selling products in the US while minimizing risk to the Irish and Northern Irish seller, practical steps those companies should take in order to mitigate the risks associated with distribution and reseller relationships in the US; and navigating regulatory pathways when working with the Food and Drug Administration.

  

MOST READ PUBLICATIONS
Fall 2014 Quarter
In case you missed them, below are the publications that have been most
popular with our readers in the last quarter by practice.

BANKRUPTCY 
Creditors Collecting Old Debts Beware

CORPORATE AND SECURITIES 
Pay Up! (Are Issuers Shortchanging the SEC by Underpaying S-8 Registration Fees?)

EMPLOYMENT 
FCRA Litigation Continues for Employers Using Background Reports

ENVIRONMENTAL 
Hydrogen Sulfide Could Be The Smell Of Death For Environmental Class Actions In Georgia

FOOD AND DRUG 
Orphan Drug Exclusivity Criteria Clarified in Court Decision

HEALTHCARE 
CMS Proposes An Expanded Bundled Payment System for Outpatient Hospital Services

IMMIGRATION AND GLOBAL MIGRATION 
Lessons Learned from a Georgia Construction Company Fined $228,300 for Form I-9 Violations

INTELLECTUAL PROPERTY 
KIND LLC v. Clif Bar & Co.: 5 Tips to Make Your Food Product Packaging Protectable as Trade Dress in an Increasingly Crowded Marketplace

INTERNATIONAL BUSINESS 
Life Sciences FCPA Update: Eleventh Circuit Expands Reach of Foreign Corrupt Practices Act

LITIGATION 
The Clash of Retail Titans: Winn-Dixie v. Dolgencorp

LOGISTICS AND TRANSPORTATION 
Critical Issues When Selling a Family-Owned or Closely-Held Logistics and Transportation Company

PRIVACY 
Center for Digital Democracy Files Complaints Alleging Safe Harbor Violations by 30 Companies with the FTC

PRIVATE WEALTH 
Income Tax Considerations for Wealth Transfer Planning

REAL ESTATE 
Floor or Foundation? The Seventh Circuit Answers a Million-Dollar Leasing Question

TAX 
The Taxing Truth About Rent – Contemplating a Rent Tax In Your Lease Form

Read All legal alerts and articles created in the last quarter. 
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This newsletter is published by Arnall Golden Gregory LLP. This information presented provides a general summary and/or recent legal and regulatory developments. It is not intended to be, and should not be relied upon as legal advice. For more than 65 years, the attorneys of Arnall Golden Gregory LLP have been helping clients turn legal challenges into business opportunities. We don't just tell you if something is possible, we show you have to make it happen.  Not if, but how.
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