Drinker Biddle & Reath LLP

One Logan Square Ste. 2000
Philadelphia, PA 19103-6996, United States

  • (215) 988-2700
  • (215) 988-2757

SEC Announces Highest Whistleblower Award to Date

The SEC recently announced a record-breaking whistleblower award of $30-35 million, which shattered the previous high award of $14 million. See SEC Awards More Than $14 Million to Whistleblower. Not only is this award noteworthy…more
| Civil Remedies, Labor & Employment Law, International Law & Trade, Securities Law

Securities and Governance Update

Each year, thousands of businesses and investment funds raise billions of dollars in capital through unregistered offerings under Rule 506—the most widely used exemption under Regulation D under the Securities Act of 1933, as…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Court Rules That Settlement Term Sheet Is Not Worth The Paper It’s Written On

Judge Amy J. St. Eve of the Northern District of Illinois recently held that a purported settlement agreement in a putative class action filed by Craftwood Lumber Co. against Interline Brands, Inc. was not enforceable. See…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Communications & Media Law, Law Practice Products & Services

Creating Sustainable Retirement Income in 401(k) plans Using Managed Risk Funds

Los Angeles partners Fred Reish and Bruce Ashton authored a White Paper titled, “Creating Sustainable Retirement Income in 401(k) plans Using Managed Risk Funds,” for Milliman, Inc. The White Paper discusses how 401 (k)…more
| Finance & Banking, Securities Law

Full Court of Appeals Finds Customs Civil Penalty Statute Applies to Corporate Employee

In an important precedent, the Court of Appeals for the Federal Circuit (CAFC), sitting en banc (i.e., the full court rather than the typical three-judge panel), held that corporate employees who engage in a broad variety of…more
| Commercial Law & Contracts, Labor & Employment Law, International Law & Trade

SEC’s Broken Window Enforcement Program Gets a Boost from “Quantitative Analytics” and “Algorithms”

The SEC announced last week that it had charged, in settled administrative proceedings, 28 individuals and investment firms that failed to “promptly report information about their holdings and transactions in company stock” and…more
| Administrative Law, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Securities Law

When Should the Board Call Separate Counsel?

Reports of the increased risk of liability for boards of directors, as well as for individual directors, have become commonplace against the backdrop of ever-increasing regulation and litigation risk. There is intense scrutiny…more
| Commercial Law & Contracts

CFPB Issues Warning on Promotional Credit Card Offers

In a bulletin issued on September 3, the CFPB warned that it will be on the lookout for “deceptive and/or abusive acts and practices in connection with solicitations that offer a promotional annual percentage rate (APR) on a…more
| Antitrust & Trade Regulation, Finance & Banking, Consumer Protection

Contingent Workers . . . From An ERISA Perspective

The Issue: Companies often divide their workers into a variety of categories . . . agency employees, temporary employees, provisional employees, independent contractors, and so on. Unfortunately, many companies believe that…more
| Labor & Employment Law

CFTC Removes Hurdle From JOBS Act Advertising

On September 9, 2014, the Division of Swap Dealer and Intermediary Oversight of the Commodity Futures Trading Commission (CFTC) issued an exemptive letter [1] (the JOBS Act Exemptive Letter) for private fund managers relying on…more
| Administrative Law, Finance & Banking, Securities Law

Cybersecurity Litigation Monthly Newsletter

As we discussed in July, Tiversa, a “cyber-intelligence” company, notified the FTC in 2009 that a file containing the personal information of about 9,300 LabMD patients was available on a peer-to-peer file sharing network. The…more
| Administrative Law, Antitrust & Trade Regulation, Finance & Banking, Privacy, Consumer Protection

Independent Contractors Lying In Wait… An Employment Law Perspective

The Issue: Misclassification of employees as independent contractors is common and it can have “quicksand” impact on employers. In addition to litigation expense, employer risks include compensation and penalties for Wage &…more
| Labor & Employment Law

SEC Money Market Reform: An Analysis of Fund Director Responsibilities

In July 2014, the Securities and Exchange Commission (SEC) adopted long-awaited rule amendments to regulations that govern money market funds (Rules). The Rules are designed to lessen money market funds’ susceptibility to heavy…more
| Finance & Banking, Securities Law

Where Oh Where Could They Be? Finding Missing Participants Under the New DOL Guidance

The U.S. Department of Labor (DOL) has issued updated guidance on locating missing participants in a terminated defined contribution plan. The guidance reflects the discontinuance of the IRS and SSA letter forwarding services…more
| Labor & Employment Law, Finance & Banking, Insurance, Taxation

Advocacy Organizations’ Complaint Puts a Spotlight on Potential Noncompliance by Nonprofit Hospitals

On August 25, two advocacy organizations filed a complaint with the Internal Revenue Service (IRS) alleging noncompliance by a hospital system with respect to certain community benefit requirements imposed by the Patient…more
| Health, Taxation, Nonprofit Law
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400+ Attorneys

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