On Nov. 1, 2018, the IRS announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for the 2019 tax year. Changes to the limits are based upon the Social Security cost-of-living increases. Unlike in some recent tax years, most of the applicable pension and retirement limitations will increase for the 2019 tax year.
FTC’s Ability to Seek Relief in Federal District Court Based on Past Conduct Is Called Into Question
Section 13(b) of the Federal Trade Commission Act (“Act”), 15 U.S.C. § 53(b), authorizes the Federal Trade Commission (“FTC”) to, among other things, seek injunctive relief (including preliminary and permanent injunctive relief) in federal district court in aid of an administrative proceeding “[w]henever the [FTC] has reason to believe … that any person, partnership, or corporation is violating, or is about to violate, any provision of law enforced by the [FTC] ….” Despite the explicit—and what would appear to be unambiguous—language of this provision, the FTC has taken the position that its authority to seek injunctive relief in federal district court pursuant to section 13(b) of the Act extends to situations where past conduct is “likely to recur” or “there exists some cognizable danger of a recurrent violation.” The FTC’s position is based, in part, on U.S. Supreme Court precedent holding that injunctive relief may be an appropriate remedy in situations where past conduct is likely to recur.
On October 26, 2018, the Federal Trade Commission (FTC) announced that it will hold four days of hearings between December of 2018 and February of 2019 to examine the FTC’s authority to deter unfair and deceptive conduct in data security and privacy matters. The two days of December hearings will focus on data security, while the two days of February hearings will focus on consumer privacy. This announcement comes as part of the agencies Hearings on Competition and Consumer Protection in the 21st Century, an initiative that has already scheduled hearings on closely related topics such as Big Data, Privacy, and Competition, and Algorithms, Artificial Intelligence (AI), and Predictive Analytics. The FTC will seek comments on the privacy and data security hearings through March 13, 2019.
Wilmington, DE (November 1, 2018) –U.S. News –Best Lawyers® has once again ranked Connolly Gallagher LLP in its annual guide of the “Best Law Firms.” In the 2019 edition, the firm was selected for 16 law practice areas in Delaware. They include:
Davis Malm received multiple rankings in the Boston metropolitan market and, for the first time, the national market of the U.S. News – Best Lawyers® 2019 edition of “Best Law Firms.” Firms included in the “Best Law Firms” rankings are recognized for professional excellence and have persistently impressive ratings from clients and peers.
Wilmington, DE (October 31, 2018) – Delaware Today has released its 2018 Top Lawyers list. Connolly Gallagher LLP lawyers were selected for inclusion in four practice categories. The results are based on a poll issued to all 4,900 members of the Delaware Bar Association to vote.
CHICAGO – Marc J. Carmel has joined the Chicago office of McDonald Hopkins LLC as a member in the Business Restructuring Services Department. Before joining McDonald Hopkins, Carmel practiced at Kirkland & Ellis and Paul Hastings. Most recently, he was a director at Longford Capital Management, where he led the litigation finance firm’s investments in the bankruptcy and restructuring sector.
On Oct. 12, 2018, the Illinois Department of Financial and Professional Regulation (IDFPR) proposed regulations that would allow advanced practice registered nurses (APRNs) who satisfy training and education requirements to practice independently of physicians.
In Nkana c. La Garane, compagnie d’assurances de l’Amérique du Nord (2018) QCCS 4265), the Superior Court had to decide whether the insureds were entled to compensaon from their insurer for water damage that had occurred before they moved into their newly acquired residence.