King & Spalding

Update on Trade Promotion Authority and Companion Trade Bills: A Lot Can Happen In Washington In 34 Days

As we reported last month, quick-strike action by the Senate on May 22 to pass Trade Promotion Authority (TPA) included within the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (the Trade Act of 2015)…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade

OPM Proposes Actions To Strengthen Cybersecurity Of Its IT Systems

On June 24, 2015, the Office of Personnel Management (the “OPM”) announced several actions to strengthen its cybersecurity. The 8-page “Actions to Strengthen Cybersecurity and Protect Critical IT Systems” (the “Action Plan”)…more
| Administrative Law, Privacy, Science, Computers, & Technology

CMS Announces Modifications to ACO Investment Model

On June 25, 2015, CMS announced modifications to the Accountable Care Organization (ACO) Investment Model. These modifications are aimed at helping rural areas and small group practices participate in the Medicare Shared…more
| Business Organizations, Finance & Banking, Health

FDA Announced a Four-Month Enforcement Delay on Certain Drug Supply Chain Security Act Product Tracing Requirements for Dispensers

FDA Does Not Intend to Enforce Product Tracing Requirements Related to Dispensers’ Receipt and Maintenance of Product Tracing Information Until November 1, 2015. It Did Not Delay Dispenser Requirements With Respect to Product…more
| Administrative Law, Science, Computers, & Technology

ITC Section 337 Update - June 2015 #2

Second 100-Day ID Finds Complainant Has Standing In 949 Investigation – As mentioned in prior coverage, on March 12, 2015, the Commission issued a Notice of Investigation in Certain Audio Processing Hardware and Software, Inv…more
| Administrative Law, Antitrust & Trade Regulation, Commercial Law & Contracts, Intellectual Property, International Law & Trade

U.S. Office Of Personnel Management Confirms Cyber Theft From Its Systems Is Much Broader Than Initially Reported

During a June 23, 2015 Congressional hearing, officials from the U.S. Office of Personnel Management (the “OPM”) testified that a recent breach of its data systems may have affected personal information (including social…more
| Administrative Law, Labor & Employment Law, Privacy, Science, Computers, & Technology

How to Protect Your Company’s Bottom Line Against Data Breach Losses Through Insurance

In the wake of what seems to be daily announcements of new data security breaches and increased regulatory oversight over company information security and privacy practices, companies are looking for ways to minimize risks…more
| Commercial Law & Contracts, Finance & Banking, Insurance, Securities Law

Congress, WTO Turn Up the Heat on COOL

Recent House Action - Lost amidst the debate over Trade Promotion Authority, Trade Adjustment Assistance, and the Trans-Pacific Partnership Agreement, the House recently voted 300-131 to pass H.R. 2393, the Country of…more
| Agriculture, Consumer Protection, Elections & Politics, International Law & Trade

Comprehensive U.S. Trade Legislation Finally Arrives—An Overview of its Key Components

While most of the Congressional trade debate has centered around whether to renew Trade Promotion Authority (so-called “fast track” authority) and the merits of the Trans-Pacific Partnership, the full package of trade measures…more
| Elections & Politics, International Law & Trade

EPA Issues Long-Delayed Guidance for Assessing and Mitigating Vapor Intrusion Risks at Contaminated Sites

On June 11, 2015, the United States Environmental Protection Agency released long-delayed final guidance for evaluating and mitigating risks at sites where vapor intrusion is an actual or potential concern. The final guidance…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

HRSA Publishes Proposed Rule on 340B Ceiling Prices and Manufacturer CMPs

On June 17, 2015, the Health Resources and Services Administration (HRSA) published a Proposed Rule that would codify standards for the calculation of ceiling prices by manufacturers for covered outpatient drugs under the 340B…more
| Health

Visa And MasterCard: Card Issuers May Disclose Breached Merchant Names

Credit union and other card issuers got clarification from Visa and MasterCard this month on when they are contractually permitted to disclose the identities of merchants involved in data breaches. In substantially similar…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

Internet Of Things, News Websites Fare Poorly In Security And Privacy Review

On June 16, the Online Trust Alliance, an industry group focused on developing and encouraging best practices in online security and privacy, announced that a recent audit of approximately 1,000 websites showed that 46% failed…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Treasury Revises Issue Price Regulations

The Treasury Department published in the June 24, 2015 Federal Register new proposed regulations for determining the “issue price” of bonds. The same announcement also withdrew the proposed regulations published in 2013 (the…more
| Securities Law, Taxation

MedPAC Releases June 2015 Report to the Congress

The Medicare Payment Advisory Commission (MedPAC) released its “Report to the Congress: Medicare and the Health Care Delivery System” on June 15, 2015. As previously reported, the report makes recommendations for policy issues…more
| Health
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