“It Ain’t Over Till It’s Over”: United States District Court for the Southern District of New York Denies Madoff Trustee’s Bid for... by Cadwalader, Wickersham & Taft LLP on 2/6/2012 Quoting the great sage Yogi Berra, on January 17, 2012, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York denied the motion of Irving H. Picard, the SIPA trustee for Bernard L. Madoff...more
What Hospitals and Physicians Should Know About CMS's Proposed Regulations for Disclosure and Reporting Requirements of... by K&L Gates LLP on 2/6/2012 Introduction A new law enacted under the Patient Protection and Affordable Care Act of 2010 (“PPACA”), requires manufacturers and group purchasing organizations (“GPOs”) to report and disclose payments...more
New Rules Address Scope of U.S. Withholding on U.S. Equity-Linked Swap Payments by Dechert LLP on 2/6/2012 New Guidance Continues Status Quo Through 2012, But Proposes More Expansive Application Beginning 2013 The Foreign Account Tax Compliance Act ("FATCA"), which was signed into law on March 18, 2010, as part of the...more
Girls Gone Wild: Trademark Infringement or Publicity Stunt? by Sands Anderson PC on 2/6/2012 Did Madonna infringe the Girls Gone Wild video series trademark by recording a song with the same name? Probably not, but (with the typical lawyer disclaimer) it depends. Girls Gone Wild is a video series where young...more
Texas Press Association Conference Shows Newspaper Industry Is Still Kicking by Jackson Walker on 2/6/2012 Despite rather gloomy predictions to the contrary, the newspaper industry in Texas is alive and well, as reflected by the vibrant atmosphere and healthy attendance at the Texas Press Association's (TPA) 65th Annual Mid-Winter...more
What Happens to Your Facebook Account When You Die? by Lawyers.com on 2/6/2012 In 2005, college student Loren Williams was killed in a motorcycle accident. His grieving mother, yearning to feel closer to her son, wanted to use his Facebook page. More than just seeing the site, she wanted to see his...more
Transportation Companies Must Plan for and Implement Changes for 2013 to Comply with New Hours of Service Rules by Littler on 2/6/2012 The Federal Motor Carrier Safety Administration (FMCSA) recently published a final rule establishing new Hours of Service (HOS) regulations for commercial motor vehicles (CMV). The 2011 final rule—which was preceded by years...more
I was sued in federal court and learned a default has been entered against me, what do I do? by George Bourguignon on 2/6/2012 If you have had a defaul entered against you in federal or state court, you will want to give this post a read. A default is serious business and should be dealt with immediately. Find out what the first step should be!...more
Neither CEQA Nor the Public Trust Requires Exclusion of Current Conditions in Determining Baseline for Purposes of Lease Renewal... by Sheppard Mullin Richter & Hampton LLP on 2/6/2012 The proper baseline for analyzing potential environmental impacts under the California Environmental Quality Act (CEQA) of a project that requires renewal of an existing lease are the existing, actual conditions at the property...more
Promoting Honest Counting of Hospital-Acquired Infections by Patrick Malone & Associates P.C. | DC Injury... on 2/6/2012 Progress is being made in the national effort to let patients know which hospitals do the best job in preventing infections. But patient safety advocates are worried that some of the early reports of hospital-specific data may be...more
New York’s Highest Court Finds Public Policy Exception Applicable Before Even Deciding the Issue of Arbitrability, Barring... by Cadwalader, Wickersham & Taft LLP on 2/6/2012 We have previously posted on the limits that courts inevitably find to the arbitrability of disputes, such as with “manifest disregard” oversight or grounds of public policy (see for example here). In a...more
The Cross Whisperer By Miles Cooper by Miles Cooper on 2/6/2012 As printed in Plaintiff Magazine, February 2012 Today, a horseman teaches us about cross-examination. Some time ago, I took a course on communication that focused on horses. I’m not a horse person, nor do I aim to...more
It's 2012 And The NLRB Is Off To A Fast – And Controversial – Start by Fisher & Phillips LLP on 2/6/2012 The 2011 calendar year was one of the more interesting years for the National Labor Relations Board (NLRB). The Board became a lightning rod for controversy and partisan politics due to its controversial decisions to utilize its...more
THE CFPB: New Director, New Powers, New Threats - Political And Judicial by Patton Boggs LLP on 2/6/2012 Last week, the Senate held its first hearing on the Consumer Financial Protection Bureau (CFPB) following President Obama’s controversial recess appointment of former Ohio Attorney General Richard Cordray to lead the CFPB....more
Workers’ Compensation Immunity for Texas Staffing Customer Affirmed – With a Surprising and Troublesome Twist by Littler on 2/6/2012 A recent opinion of the Supreme Court of Texas raises important considerations for the management of workers’ compensation risk in connection with jointly employed workers. The basic bargain of workers’...more