McDermott Will & Emery

In response to Executive Order 13563, “Improving Regulations and Regulatory Review,” on May 16, 2012, the Centers for Medicare & Medicaid Services (CMS) officially published changes to the Conditions of Participation for…more

The main developments in antitrust are: 1. Merger Control (Art. 5-bis); From 1 January 2013: The Italian merger control thresholds will be cumulative and no longer alternative (i.e. the combined…more

Effective May 30, 2012, a clinical investigator deemed ineligible to receive one type of test article (e.g., drug, device or new animal drug) due to repeated or deliberate violations of the U.S. Food and Drug Administration’s…more

On 10 May 2012, the Court of Justice of the European Union (CJEU) issued its judgment in Santander (joined cases C-338/11 to C-347/11), stating that the French legislation that imposes a withholding tax on French-sourced…more

Failing to comply with premerger document disclosure rules can lead to civil and criminal penalties for companies and their executives. On May 3, 2012, Kyoungwon Pyo, a senior executive at Hyosung Corporation, agreed to…more

Since it came into force on 1 July 2011, the impact of the UK Bribery Act 2010 (the Act) on the giving of corporate hospitality, gifts and other expenses has raised concerns among those who fall under the Act’s jurisdiction. …more

The U.S. Court of Appeals for the Fifth Circuit recently held that a paragraph in an asset purchase agreement qualified as an amendment to an employee benefit plan, highlighting a split between circuits of the U.S. Courts of…more

In a recent landmark decision, China’s national legislature, the National People’s Congress, increased the protection of suspects’ legal rights and reinforced its efforts to punish bribery and other crimes. The decision will…more

A recent New York state appeals court decision highlights the need for suppliers to continue exercising caution when adopting and implementing a resale price maintenance policy. On March 29, 2010, the New York Office of…more

A recent New York state appeals court decision highlights the need for suppliers to continue exercising caution when adopting and implementing a resale price maintenance policy. On March 29, 2010, the New York Office of…more

The Centers for Medicare & Medicaid Services (CMS) has posted a more than 1,300-page proposed rule that would update Medicare’s Inpatient Prospective Payment System for fiscal year 2013. Parties affected by the proposed changes…more

The U.S. Treasury Department recently issued proposed regulations interpreting sections of the Internal Revenue Code (the Code) commonly referred to as the Foreign Account Tax Compliance Act (FATCA). The proposed regulations,…more

The Kansas Supreme Court recently determined resale price maintenance is per se illegal under state law, becoming the latest state to reject the rule of reason standard mandated by the Supreme Court of the United States. The…more

Recently, the Supreme People’s Court of China issued final rules to build a working framework for civil anti-monopoly cases brought under the country’s Anti-Monopoly Law. The rules will take effect on 1 June 2012…more

On 25 April 2012, the European Commission adopted a new de minimis regulation on compensation granted to companies that provide services of general economic interest (SGEI). Under the new regulation, compensation granted by…more