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Attorney	Latest Publications
Christopher Adams	Intellectual Property Client Alert: Trademark Clearinghouse Adds to Brand Protections Brand owners can now increase protection for their federally-registered trademarks and service marks by registering them with the ICANN Trademark Clearinghouse. The Clearinghouse was set up by the Internet Corporation for…more Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Michael Anderson	Tax, Benefits and Nonprofit Organizations Client Alert: New Tax Regulations on Noncompensatory Partnership Options Overview - The Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued final regulations (the Final Regulations), effective February 5, 2013, concerning the tax consequences of noncompensatory…more Business Taxes, Capital Account Maintenance, Capital Gains, Capital Losses, Characterization Rule	See All Updates »
Norman Antin	BANKING AND FINANCIAL INSTITUTIONS CLIENT UPDATE: Emerging Thoughts and Reactions to Federal Financial Institutions Examination Council Proposed Guidelines for Use of Social Media by Financial Institutions On January 22, 2013, the Federal Financial Institutions Examination Council (FFIEC) released proposed guidance regarding the use of social media by federally regulated financial institutions…more Advertising, Data Protection, Fair Lending, FFIEC, Fraud	See All Updates »
Shaoul Aslan	Senate Ready for Amendments and Floor Debate on Comprehensive Immigration Reform At the end of last week, Senate Majority Leader Harry Reid (D-NV) initiated procedural actions to bring the comprehensive immigration reform bill, the Border Security, Economic Opportunity, and Immigration Modernization Act (S…more Immigration Innovation Act of 2013, Immigration Reform	See All Updates »
Rosemary Becchi	Fixing the Debt: Update on U.S. Fiscal Cliff Crisis (9th Edition) - January 1, 2013 THE LEGISLATION - Following a day of tumultuous House Republican caucus deliberations, at 11:00 pm, the House passed The American Tax Relief Act of 2012, a cliffhanger deal negotiated by Vice President Biden and Senate…more Alternative Minimum Tax, American Taxpayer Relief Act, Budget Control Act of 2011, Capital Gains, Dividends	See All Updates »
Kevin Bell	Supreme Court Limits Patentability of Human Gene Sequences The Supreme Court today issued a decision in Association for Molecular Pathology v. Myriad Genetics, which reduced the ability to patent human gene sequences…more AMP v Myriad, DNA, Human Genes, Myriad, Patent-Eligible Subject Matter	See All Updates »
Paul Besozzi	Client Alert: FCC TCPA Declaratory Ruling A recent FCC ruling has significant implications for any company using third-party telemarketers. The FCC declared that sellers may be held vicariously liable under agency theories for certain violations of the Telephone…more Declaratory Judgments, Do Not Call List, FCC, TCPA, Telemarketing	See All Updates »
George Borababy	Intellectual Property Client Alert: Trademark Clearinghouse Adds to Brand Protections Brand owners can now increase protection for their federally-registered trademarks and service marks by registering them with the ICANN Trademark Clearinghouse. The Clearinghouse was set up by the Internet Corporation for…more Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Mary Beth Bosco	Client Alert: Department of Defense Publishes Proposed Rule on Counterfeit Electronics The Department of Defense (“DOD”) is proposing to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) to implement sections of the 2012 and 2013 National Defense Authorization Acts (“NDAA”)…more Counterfeiting, DOD, Electronics, Proposed Regulation	See All Updates »
Joseph Brand	Kiobel: Major U.S. Jurisdictional Limitation For Overseas Actions Much of the public has never heard of the Alien Tort Statute (“ATS,” 28 U.S.C. § 1350), but this law, dating back to the founding of the country, recently has had enormous implications for multinational corporations and foreign…more Alien Tort Statute, Extraterritoriality Rules, Foreign Defendants, Jurisdiction, Kiobel v. Royal Dutch Petroleum Co.	See All Updates »
John Breaux	Beyond Tax Reform Jujitsu: Getting to ‘Yes’ Congress and the administration can still achieve the first major overhaul of our nation’s tax laws in nearly 30 years; such reform could occur with or without an agreement to enact fundamental entitlement spending…more American Taxpayer Relief Act, Bipartisan Agreement, Bush-Era Tax Cuts, Business Taxes, Federal Budget	See All Updates »
Jennifer Cetta	Capital Thinking Update - February 11, 2013 In This Issue: - General Legislative - Agriculture & Food - Budget, Appropriations, and Sequestration - Cybersecurity - Education - Energy - Environment - Financial…more Affordable Care Act, Biomass, CBO Report, CFTC, CIA	See All Updates »
Henry Chajet	HEALTH AND SAFETY CLIENT ALERT: MSHA Issues a Final Rule to Revise the POV System On Wednesday, the Mine Safety and Health Administration (MSHA) kicked off its regulatory agenda by lifting the veil on its final rule to revise the Pattern of Violations (POV) system under 30 C.F.R. Part 104. Unless overturned…more Coal Mines, MSHA, POV System, Safety Laws, Safety Violations	See All Updates »
Scott Chambers	Supreme Court Limits Patentability of Human Gene Sequences The Supreme Court today issued a decision in Association for Molecular Pathology v. Myriad Genetics, which reduced the ability to patent human gene sequences…more AMP v Myriad, DNA, Human Genes, Myriad, Patent-Eligible Subject Matter	See All Updates »
B. Dell Chism	Federal Circuit Potential for Indirect Infringement Liability Provides a Justiciable Controversy for Declaratory Judgment Jurisdiction In Arkema Inc. v. Honeywell Int’l, Inc., the Federal Circuit reversed a District Court’s finding of no justiciable controversy under Article III for a declaratory judgment suit over indirect infringement liability. Arkema…more Article III, Declaratory Judgments, Indirect Infringement, Jurisdiction, Justiciable Controversy	See All Updates »
James Christian	The Stock Act, Political Intelligence, and Traps for the Unwary Last year, Congress wrote and President Obama signed into law the Stop Trading on Congressional Knowledge Act of 2012 (the STOCK Act). When the law was enacted, Members of Congress, their staffs, and Executive Branch officials…more GAO, Government Officials, Insider Trading, Material Nonpublic Information, Political Intelligence	See All Updates »
Sean Clancy	Capital Infusion - May 2013: Tax Consequences: Noncompensatory Partnership Options The Department of the Treasury and the Internal Revenue Service issued final regulations, effective February 5, 2013, concerning the tax consequences of noncompensatory options and convertible instruments issued by a partnership…more Business Income, Convertible Bonds, IRS, LLC, Noncompensatory Partnership Options	See All Updates »
Sven Collins	Health Care Client Alert: OIG and CMS Propose Extensions and Modifications to Their EHR Anti-Kickback Safe Harbor & Physician Self-Referral Exception On Monday April 8, 2013, the Department of Health and Human Services Office of Inspector General (OIG) and Centers for Medicare & Medicaid Services (CMS) released closely aligned proposed rules to extend their parallel…more Anti-Kickback Statute, CMS, EHR, Healthcare, OIG	See All Updates »
Adam Connatser	Capital Infusion - May 2013: Dealmaker’s Corner In this issue’s installment of “Dealmaker’s Corner,” Jon Finger, a partner in our private equity group, had the opportunity to visit with Kyle Bradford, Managing Director with American Capital, Ltd., concerning the…more Competition, FDA, Outsourcing, Pharmaceutical, Research Funding	See All Updates »
Amy Davenport	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Tanya DeRivi	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Monica S. Desai	Client Alert: FCC TCPA Declaratory Ruling A recent FCC ruling has significant implications for any company using third-party telemarketers. The FCC declared that sellers may be held vicariously liable under agency theories for certain violations of the Telephone…more Declaratory Judgments, Do Not Call List, FCC, TCPA, Telemarketing	See All Updates »
MIchael Drobac	FTC Balances Privacy, Connectivity Needs While “smart” devices provide a wealth of consumer benefits, they pose risks to privacy and security due to their ability to collect and share personal data. In response to the increasing use and capabilities of smart devices,…more Data Protection, FTC, Privacy Policy, Security and Privacy Controls, Smartphones	See All Updates »
Alexis Early	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Eugenia Edwards	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Lindsay Faine	Capital Infusion - May 2013: Tax Consequences: Noncompensatory Partnership Options The Department of the Treasury and the Internal Revenue Service issued final regulations, effective February 5, 2013, concerning the tax consequences of noncompensatory options and convertible instruments issued by a partnership…more Business Income, Convertible Bonds, IRS, LLC, Noncompensatory Partnership Options	See All Updates »
Elizabeth Fallon	Institutions Fund's Bond Guarantee Program Funded for 2013 On March 21, 2013, Congress authorized the Community Development Financial Institutions (“CDFI”) Fund to guarantee up to $500 million aggregate principal amount of bonds in fiscal year 2013, marking a new opportunity for…more Bonds, CDFI Fund, Certifications, Community Development Entities, Insurers	See All Updates »
Philip Feigen	The Stock Act, Political Intelligence, and Traps for the Unwary Last year, Congress wrote and President Obama signed into law the Stop Trading on Congressional Knowledge Act of 2012 (the STOCK Act). When the law was enacted, Members of Congress, their staffs, and Executive Branch officials…more GAO, Government Officials, Insider Trading, Material Nonpublic Information, Political Intelligence	See All Updates »
Jon Finger	Capital Infusion - May 2013: Dealmaker’s Corner In this issue’s installment of “Dealmaker’s Corner,” Jon Finger, a partner in our private equity group, had the opportunity to visit with Kyle Bradford, Managing Director with American Capital, Ltd., concerning the…more Competition, FDA, Outsourcing, Pharmaceutical, Research Funding	See All Updates »
Jared Fleisher	Capital Thinking Updates - May 20, 2013 In This Issue: - General Legislative - Agriculture and Food - Budget and Appropriations - Cybersecurity - Defense - Education - Environment - Financial Services - Health Care - Homeland…more Agricultural Workers, Biofuel, CFTC, Contractors, Cybersecurity	See All Updates »
Laurence Freedman	Practical Tips for Providers Managing Risks Related to Excluded Parties and the Implications of the OIG's Recent Special Advisory Bulletin On Wednesday, May 8, 2013, the Health and Human Services Office of Inspector General (OIG) released a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs (FHCPs). This Bulletin…more Civil Monetary Penalty, Exclusions, Healthcare, Indemnification Clauses, OIG	See All Updates »
Andrew Friedman	Criminal Antitrust Update - April 2013 INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)..…more Anti-Retaliation Provisions, Antitrust Investigations, Auction, DOJ, e-Books	See All Updates »
Melodi Gates	FTC Balances Privacy, Connectivity Needs While “smart” devices provide a wealth of consumer benefits, they pose risks to privacy and security due to their ability to collect and share personal data. In response to the increasing use and capabilities of smart devices,…more Data Protection, FTC, Privacy Policy, Security and Privacy Controls, Smartphones	See All Updates »
Benjamin Ginsberg	NY Requires Public Disclosure of 501(C)(4) Political Expenses and Donors The New York Attorney General recently adopted regulations that require certain nonprofit organizations that are required to register with the New York Office of the Attorney General to disclose their electioneering expenses and…more Election Related Expenditures, Electioneering, Filing Deadlines, Non-Profits, Public Disclosure	See All Updates »
Mara Giorgio	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Melanie Goggins	Capital Thinking Update - March 18, 2013 In This Issue: - General Legislative - Agriculture and Food - Budget and Appropriations - Cybersecurity - Defense - Education - Energy - Environment - Financial Services - Healthcare ..Other…more CFTC, Continuing Resolution, Critical Infrastructure Sectors, Cybersecurity, Dodd-Frank	See All Updates »
Mark Goldschmidt	BANKING AND FINANCIAL INSTITUTIONS CLIENT UPDATE: Emerging Thoughts and Reactions to Federal Financial Institutions Examination Council Proposed Guidelines for Use of Social Media by Financial Institutions On January 22, 2013, the Federal Financial Institutions Examination Council (FFIEC) released proposed guidance regarding the use of social media by federally regulated financial institutions…more Advertising, Data Protection, Fair Lending, FFIEC, Fraud	See All Updates »
Peter Gould	HEALTH AND SAFETY CLIENT ALERT: MSHA Issues a Final Rule to Revise the POV System On Wednesday, the Mine Safety and Health Administration (MSHA) kicked off its regulatory agenda by lifting the veil on its final rule to revise the Pattern of Violations (POV) system under 30 C.F.R. Part 104. Unless overturned…more Coal Mines, MSHA, POV System, Safety Laws, Safety Violations	See All Updates »
Micah Green	Client Alert: SEC Publishes Cross-Border Release and Reopens Comment Period for Dodd-Frank Rules On May 1, 2013, the Securities and Exchange Commission (SEC or Commission) held an open meeting to consider: - Whether to propose new rules and interpretive guidance for cross-border security-based swap (SBS) activities…more CFTC, Cross-Border, Dodd-Frank, Major Swap Participants, SEC	See All Updates »
Rani Hauth Guerra	Capital Infusion - May 2013: Dealmaker’s Corner In this issue’s installment of “Dealmaker’s Corner,” Jon Finger, a partner in our private equity group, had the opportunity to visit with Kyle Bradford, Managing Director with American Capital, Ltd., concerning the…more Competition, FDA, Outsourcing, Pharmaceutical, Research Funding	See All Updates »
Michael Guiffre	False Claims Act Focus - April 2013 EDITOR’S NOTE - The last few months have not failed to provide interesting False Claims Act (FCA) activity in the courts. We begin our newsletter by examining a case brought in the energy sector, alleging that a…more Byrd Amendment, False Claims Act, Healthcare, Healthcare Fraud, Off-Label Promotion	See All Updates »
Jeffrey Haas	BANKING AND FINANCIAL INSTITUTIONS CLIENT UPDATE: Emerging Thoughts and Reactions to Federal Financial Institutions Examination Council Proposed Guidelines for Use of Social Media by Financial Institutions On January 22, 2013, the Federal Financial Institutions Examination Council (FFIEC) released proposed guidance regarding the use of social media by federally regulated financial institutions…more Advertising, Data Protection, Fair Lending, FFIEC, Fraud	See All Updates »
R. Brian Hendrix	HEALTH AND SAFETY CLIENT ALERT: MSHA Issues a Final Rule to Revise the POV System On Wednesday, the Mine Safety and Health Administration (MSHA) kicked off its regulatory agenda by lifting the veil on its final rule to revise the Pattern of Violations (POV) system under 30 C.F.R. Part 104. Unless overturned…more Coal Mines, MSHA, POV System, Safety Laws, Safety Violations	See All Updates »
Susan Baldwin Hendrix	False Claims Act Focus - April 2013 EDITOR’S NOTE - The last few months have not failed to provide interesting False Claims Act (FCA) activity in the courts. We begin our newsletter by examining a case brought in the energy sector, alleging that a…more Byrd Amendment, False Claims Act, Healthcare, Healthcare Fraud, Off-Label Promotion	See All Updates »
Kevin Houlihan	BANKING AND FINANCIAL INSTITUTIONS CLIENT UPDATE: Emerging Thoughts and Reactions to Federal Financial Institutions Examination Council Proposed Guidelines for Use of Social Media by Financial Institutions On January 22, 2013, the Federal Financial Institutions Examination Council (FFIEC) released proposed guidance regarding the use of social media by federally regulated financial institutions…more Advertising, Data Protection, Fair Lending, FFIEC, Fraud	See All Updates »
Mimi Hu	Health Care Client Alert: OIG and CMS Propose Extensions and Modifications to Their EHR Anti-Kickback Safe Harbor & Physician Self-Referral Exception On Monday April 8, 2013, the Department of Health and Human Services Office of Inspector General (OIG) and Centers for Medicare & Medicaid Services (CMS) released closely aligned proposed rules to extend their parallel…more Anti-Kickback Statute, CMS, EHR, Healthcare, OIG	See All Updates »
Kristen Jarvis Johnson	Kiobel: Major U.S. Jurisdictional Limitation For Overseas Actions Much of the public has never heard of the Alien Tort Statute (“ATS,” 28 U.S.C. § 1350), but this law, dating back to the founding of the country, recently has had enormous implications for multinational corporations and foreign…more Alien Tort Statute, Extraterritoriality Rules, Foreign Defendants, Jurisdiction, Kiobel v. Royal Dutch Petroleum Co.	See All Updates »
J. Atwood Jeter	Capital Infusion - May 2013: Dealmaker’s Corner In this issue’s installment of “Dealmaker’s Corner,” Jon Finger, a partner in our private equity group, had the opportunity to visit with Kyle Bradford, Managing Director with American Capital, Ltd., concerning the…more Competition, FDA, Outsourcing, Pharmaceutical, Research Funding	See All Updates »
Robert Johnston III	Capital Infusion - May 2013: A New Day for Patents As of March 16, 2013, all the provisions of the Leahy-Smith American Invents Act (“AIA”) have become effective. The AIA creates a new patent system for the United States with important ramifications for all technology companies…more First-to-File, First-to-Invent, Patents, Post-Grant Review, Prior Art	See All Updates »
Amy Kaufman	Capital Infusion - May 2013: Digging Deeper: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals Introduction - Investing in the health care industry can be riskier and more complicated than investing in many other industries. Health care providers and suppliers, as well as those companies that interact with them,…more Due Diligence, Healthcare, HIPAA, Investors, Liability	See All Updates »
Lindsey Weber Keljo	Capital Thinking Update - April 8, 2013 General Legislative - Tomorrow, April 9, the House will meet at 2:00 pm for legislative business. Legislation Considered Under Suspension of the Rules will include: (1) H.R. 254 – Bonneville Unit Clean Hydropower Facilitation…more Farms, Hydropower, Immigration Reform, Proposed Legislation, Rural Development	See All Updates »
Hannibal G. Williams II Kemerer	Criminal Antitrust Update - April 2013 INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)..…more Anti-Retaliation Provisions, Antitrust Investigations, Auction, DOJ, e-Books	See All Updates »
Lacy Kolo, Ph.D.	Delaware Court Dismisses “Anticipatory” First-Filed Declaratory Judgment Action The Delaware District Court dismissed a declaratory judgment action in favor of a later-filed patent infringement suit on the same patent. The ruling provides a roadmap for patent owners to pursue a settlement without the danger…more Declaratory Judgments, First-to-File, Forum, Infringement, Patents	See All Updates »
Norma Krayem	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Karen Kudelko	Capital Thinking Updates - May 20, 2013 In This Issue: - General Legislative - Agriculture and Food - Budget and Appropriations - Cybersecurity - Defense - Education - Environment - Financial Services - Health Care - Homeland…more Agricultural Workers, Biofuel, CFTC, Contractors, Cybersecurity	See All Updates »
Matthew Kulkin	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Laura Laemmle-Weidenfeld	Practical Tips for Providers Managing Risks Related to Excluded Parties and the Implications of the OIG's Recent Special Advisory Bulletin On Wednesday, May 8, 2013, the Health and Human Services Office of Inspector General (OIG) released a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs (FHCPs). This Bulletin…more Civil Monetary Penalty, Exclusions, Healthcare, Indemnification Clauses, OIG	See All Updates »
Matthew Laskoski	Supreme Court Limits Patentability of Human Gene Sequences The Supreme Court today issued a decision in Association for Molecular Pathology v. Myriad Genetics, which reduced the ability to patent human gene sequences…more AMP v Myriad, DNA, Human Genes, Myriad, Patent-Eligible Subject Matter	See All Updates »
Kathleen Lester	New HIPAA/HITECH Rules Bring Few Surprises, but Still Call for Sweeping Changes in Compliance Programs More than two-and-a-half years after issuing proposed regulations under the Health Information Technology for Economical and Clinical Health (HITECH) Act, on January 17, 2013, HHS released a series of final changes to its…more Business Associates, Compliance, Covered Entities, Enforcement, GINA	See All Updates »
Deborah Lodge	Client Alert: FCC TCPA Declaratory Ruling A recent FCC ruling has significant implications for any company using third-party telemarketers. The FCC declared that sellers may be held vicariously liable under agency theories for certain violations of the Telephone…more Declaratory Judgments, Do Not Call List, FCC, TCPA, Telemarketing	See All Updates »
Trent Lott	Beyond Tax Reform Jujitsu: Getting to ‘Yes’ Congress and the administration can still achieve the first major overhaul of our nation’s tax laws in nearly 30 years; such reform could occur with or without an agreement to enact fundamental entitlement spending…more American Taxpayer Relief Act, Bipartisan Agreement, Bush-Era Tax Cuts, Business Taxes, Federal Budget	See All Updates »
Caroline Maxwell	Delaware Court Dismisses “Anticipatory” First-Filed Declaratory Judgment Action The Delaware District Court dismissed a declaratory judgment action in favor of a later-filed patent infringement suit on the same patent. The ruling provides a roadmap for patent owners to pursue a settlement without the danger…more Declaratory Judgments, First-to-File, Forum, Infringement, Patents	See All Updates »
Caitlin McCormick	Practical Tips for Providers Managing Risks Related to Excluded Parties and the Implications of the OIG's Recent Special Advisory Bulletin On Wednesday, May 8, 2013, the Health and Human Services Office of Inspector General (OIG) released a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs (FHCPs). This Bulletin…more Civil Monetary Penalty, Exclusions, Healthcare, Indemnification Clauses, OIG	See All Updates »
William McGinley	NY Requires Public Disclosure of 501(C)(4) Political Expenses and Donors The New York Attorney General recently adopted regulations that require certain nonprofit organizations that are required to register with the New York Office of the Attorney General to disclose their electioneering expenses and…more Election Related Expenditures, Electioneering, Filing Deadlines, Non-Profits, Public Disclosure	See All Updates »
Erin McGrain	The Stock Act, Political Intelligence, and Traps for the Unwary Last year, Congress wrote and President Obama signed into law the Stop Trading on Congressional Knowledge Act of 2012 (the STOCK Act). When the law was enacted, Members of Congress, their staffs, and Executive Branch officials…more GAO, Government Officials, Insider Trading, Material Nonpublic Information, Political Intelligence	See All Updates »
David McLean	Capital Infusion - May 2013: Dealmaker’s Corner In this issue’s installment of “Dealmaker’s Corner,” Jon Finger, a partner in our private equity group, had the opportunity to visit with Kyle Bradford, Managing Director with American Capital, Ltd., concerning the…more Competition, FDA, Outsourcing, Pharmaceutical, Research Funding	See All Updates »
Daris Meeks	Fixing the Debt: Update on U.S. Fiscal Cliff Crisis (9th Edition) - January 1, 2013 THE LEGISLATION - Following a day of tumultuous House Republican caucus deliberations, at 11:00 pm, the House passed The American Tax Relief Act of 2012, a cliffhanger deal negotiated by Vice President Biden and Senate…more Alternative Minimum Tax, American Taxpayer Relief Act, Budget Control Act of 2011, Capital Gains, Dividends	See All Updates »
Douglas Mishkin	EEOC Suing Employers Under Genetic Information Nondiscrimination Act In the first half of May, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed its first-ever lawsuits against employers under the Genetic Information Nondiscrimination Act of 2008 (“GINA”). The GINA, which took…more ADA, EEOC, GINA, Title VII	See All Updates »
Ryan Mitchell	Capital Infusion: Private Equity Update - May 2013 In This Issue: - DIGGING DEEPER: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals 1 - Policy Spotlight: Affordable Care Act 6 - Case Spotlight: Best Practices in Down-Round Financings &…more Affordable Care Act, Anti-Kickback Statute, CMS, Due Diligence, First-to-File	See All Updates »
Jessica Monahan	Capital Thinking Updates - May 20, 2013 In This Issue: - General Legislative - Agriculture and Food - Budget and Appropriations - Cybersecurity - Defense - Education - Environment - Financial Services - Health Care - Homeland…more Agricultural Workers, Biofuel, CFTC, Contractors, Cybersecurity	See All Updates »
Samuel Mudrick	Immigration Client Alert: New Form I-9 On March 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”) issued an updated Employment Eligibility Verification Form I-9. As you are aware, U.S. law requires that employers verify the identity and employment…more Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Stephen Nash	Health Care Client Alert: OIG and CMS Propose Extensions and Modifications to Their EHR Anti-Kickback Safe Harbor & Physician Self-Referral Exception On Monday April 8, 2013, the Department of Health and Human Services Office of Inspector General (OIG) and Centers for Medicare & Medicaid Services (CMS) released closely aligned proposed rules to extend their parallel…more Anti-Kickback Statute, CMS, EHR, Healthcare, OIG	See All Updates »
Carey Nuttall	TechComm – FTC/UDAAP Client Alert: FTC Staff Issues Guidance on Effective Online Disclosures Companies engaged in online advertising and social media promotions should carefully review “Dot-Com Disclosures – How to Make Effective Disclosures in Digital Advertising,” released by the FTC staff on March 12, 2013. This…more Advertising, Disclosure Requirements, Dot Com Disclosure Guide, FTC, Marketing	See All Updates »
Richard Oparil	Supreme Court Limits Patentability of Human Gene Sequences The Supreme Court today issued a decision in Association for Molecular Pathology v. Myriad Genetics, which reduced the ability to patent human gene sequences…more AMP v Myriad, DNA, Human Genes, Myriad, Patent-Eligible Subject Matter	See All Updates »
Joseph Passaic	BANKING AND FINANCIAL INSTITUTIONS CLIENT UPDATE: Emerging Thoughts and Reactions to Federal Financial Institutions Examination Council Proposed Guidelines for Use of Social Media by Financial Institutions On January 22, 2013, the Federal Financial Institutions Examination Council (FFIEC) released proposed guidance regarding the use of social media by federally regulated financial institutions…more Advertising, Data Protection, Fair Lending, FFIEC, Fraud	See All Updates »
Jonathan Pavony	BANKING AND FINANCIAL INSTITUTIONS CLIENT UPDATE: Emerging Thoughts and Reactions to Federal Financial Institutions Examination Council Proposed Guidelines for Use of Social Media by Financial Institutions On January 22, 2013, the Federal Financial Institutions Examination Council (FFIEC) released proposed guidance regarding the use of social media by federally regulated financial institutions…more Advertising, Data Protection, Fair Lending, FFIEC, Fraud	See All Updates »
Sotiris Planzos	The Stock Act, Political Intelligence, and Traps for the Unwary Last year, Congress wrote and President Obama signed into law the Stop Trading on Congressional Knowledge Act of 2012 (the STOCK Act). When the law was enacted, Members of Congress, their staffs, and Executive Branch officials…more GAO, Government Officials, Insider Trading, Material Nonpublic Information, Political Intelligence	See All Updates »
Russell Randal	EPA Gets the Vapors, Part II As noted in the post “EPA Gets the Vapors and Commercial Real Estate Feels the Chill,” EPA is now addressing the issue of vapor intrusion – harmful vapors from soil contamination migrating into buildings. The agency is doing so…more ASTM, Contaminated Properties, EPA, Vapor Intrusion	See All Updates »
Barry Reiferson	Kiobel: Major U.S. Jurisdictional Limitation For Overseas Actions Much of the public has never heard of the Alien Tort Statute (“ATS,” 28 U.S.C. § 1350), but this law, dating back to the founding of the country, recently has had enormous implications for multinational corporations and foreign…more Alien Tort Statute, Extraterritoriality Rules, Foreign Defendants, Jurisdiction, Kiobel v. Royal Dutch Petroleum Co.	See All Updates »
Emanuel Rossman	American Taxpayer Relief Act Of 2012 Impact On Charitable Giving And Exempt Organizations The American Taxpayer Relief Act of 2012 (the “Act”) was passed by the United States Congress on January 1, 2013 and signed into law by President Obama on January 2, 2013. The following provisions of the Act should be of…more American Taxpayer Relief Act, Charitable Donations, Fiscal Cliff, Income Taxes, IRA Rollovers	See All Updates »
Aubrey Atwood Rothrock, III	Fixing the Debt: Update on U.S. Fiscal Cliff Crisis (9th Edition) - January 1, 2013 THE LEGISLATION - Following a day of tumultuous House Republican caucus deliberations, at 11:00 pm, the House passed The American Tax Relief Act of 2012, a cliffhanger deal negotiated by Vice President Biden and Senate…more Alternative Minimum Tax, American Taxpayer Relief Act, Budget Control Act of 2011, Capital Gains, Dividends	See All Updates »
Mark Savit	HEALTH AND SAFETY CLIENT ALERT: MSHA Issues a Final Rule to Revise the POV System On Wednesday, the Mine Safety and Health Administration (MSHA) kicked off its regulatory agenda by lifting the veil on its final rule to revise the Pattern of Violations (POV) system under 30 C.F.R. Part 104. Unless overturned…more Coal Mines, MSHA, POV System, Safety Laws, Safety Violations	See All Updates »
Larry Schiffer	REINSURANCE CLIENT ALERT: New York Court of Appeals Reverses Summary Judgment on Follow-The-Settlements Case U.S. Fid. & Guar. Co. v. Am. Re-Ins. Co., No. 1 (N.Y. Ct of App. Feb. 7, 2013) - In a closely watched asbestos settlement allocation case, the New York Court of Appeals has modified the order of an intermediate appellate…more Appeals, Asbestos Litigation, Bad Faith, Cedents, Follow-the-Settlements Law	See All Updates »
George Schutzer	NY Requires Public Disclosure of 501(C)(4) Political Expenses and Donors The New York Attorney General recently adopted regulations that require certain nonprofit organizations that are required to register with the New York Office of the Attorney General to disclose their electioneering expenses and…more Election Related Expenditures, Electioneering, Filing Deadlines, Non-Profits, Public Disclosure	See All Updates »
Akash Sethi	Capital Infusion: Private Equity Update - May 2013 In This Issue: - DIGGING DEEPER: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals 1 - Policy Spotlight: Affordable Care Act 6 - Case Spotlight: Best Practices in Down-Round Financings &…more Affordable Care Act, Anti-Kickback Statute, CMS, Due Diligence, First-to-File	See All Updates »
John Sharp	Client Alert: Department of Defense Publishes Proposed Rule on Counterfeit Electronics The Department of Defense (“DOD”) is proposing to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) to implement sections of the 2012 and 2013 National Defense Authorization Acts (“NDAA”)…more Counterfeiting, DOD, Electronics, Proposed Regulation	See All Updates »
Amy Budner Smith	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Stacy Swanson	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Melissa Tai	NY Requires Public Disclosure of 501(C)(4) Political Expenses and Donors The New York Attorney General recently adopted regulations that require certain nonprofit organizations that are required to register with the New York Office of the Attorney General to disclose their electioneering expenses and…more Election Related Expenditures, Electioneering, Filing Deadlines, Non-Profits, Public Disclosure	See All Updates »
David Teeples	BANKING AND FINANCIAL INSTITUTIONS CLIENT UPDATE: Emerging Thoughts and Reactions to Federal Financial Institutions Examination Council Proposed Guidelines for Use of Social Media by Financial Institutions On January 22, 2013, the Federal Financial Institutions Examination Council (FFIEC) released proposed guidance regarding the use of social media by federally regulated financial institutions…more Advertising, Data Protection, Fair Lending, FFIEC, Fraud	See All Updates »
Susan Temkin	American Taxpayer Relief Act Of 2012 Impact On Charitable Giving And Exempt Organizations The American Taxpayer Relief Act of 2012 (the “Act”) was passed by the United States Congress on January 1, 2013 and signed into law by President Obama on January 2, 2013. The following provisions of the Act should be of…more American Taxpayer Relief Act, Charitable Donations, Fiscal Cliff, Income Taxes, IRA Rollovers	See All Updates »
Karen Thiel	New HIPAA/HITECH Rules Bring Few Surprises, but Still Call for Sweeping Changes in Compliance Programs More than two-and-a-half years after issuing proposed regulations under the Health Information Technology for Economical and Clinical Health (HITECH) Act, on January 17, 2013, HHS released a series of final changes to its…more Business Associates, Compliance, Covered Entities, Enforcement, GINA	See All Updates »
Scott Thompson	Capital Thinking Update - February 25, 2013 In This Issue: - General Legislative - Sequestration - Agriculture & Food - Budget and Appropriations - Cybersecurity - Education - Energy - Financial Services - Health Care - International,…more CFTC, CMS, Cybersecurity, EU-US Trade, Farms	See All Updates »
Michi Tsuda	Health Care Client Alert: OIG and CMS Propose Extensions and Modifications to Their EHR Anti-Kickback Safe Harbor & Physician Self-Referral Exception On Monday April 8, 2013, the Department of Health and Human Services Office of Inspector General (OIG) and Centers for Medicare & Medicaid Services (CMS) released closely aligned proposed rules to extend their parallel…more Anti-Kickback Statute, CMS, EHR, Healthcare, OIG	See All Updates »
Jihad Turkistani	SAGIA Issues New Rules for Contracting and Construction Activities The Saudi Arabian General Investment Authority (“SAGIA”) has recently issued new rules for companies contemplating investment in the Saudi Arabian market to conduct contracting and construction activities. The new rules will be…more Business Plans, Construction Contracts, Financial Statements, Jurisdiction, Licenses	See All Updates »
Joseph Urso	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Carol Van Cleef	TechComm – FTC/UDAAP Client Alert: FTC Staff Issues Guidance on Effective Online Disclosures Companies engaged in online advertising and social media promotions should carefully review “Dot-Com Disclosures – How to Make Effective Disclosures in Digital Advertising,” released by the FTC staff on March 12, 2013. This…more Advertising, Disclosure Requirements, Dot Com Disclosure Guide, FTC, Marketing	See All Updates »
Sarah Vilms	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Dana Weekes	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Kristin Wells	Senate Ready for Amendments and Floor Debate on Comprehensive Immigration Reform At the end of last week, Senate Majority Leader Harry Reid (D-NV) initiated procedural actions to bring the comprehensive immigration reform bill, the Border Security, Economic Opportunity, and Immigration Modernization Act (S…more Immigration Innovation Act of 2013, Immigration Reform	See All Updates »
Pam Welsh	Capital Thinking Update - June 3, 2013 General Legislative - The Senate will convene today, Monday, June 3, at 2:00 pm and begin a period of morning business. Thereafter, the Senate will resume consideration of S. 954, the Farm Bill, provided that alfalfa…more Appropriations Bill, Barack Obama, China, Cybersecurity, DOD	See All Updates »
Glenn Willard	NY Requires Public Disclosure of 501(C)(4) Political Expenses and Donors The New York Attorney General recently adopted regulations that require certain nonprofit organizations that are required to register with the New York Office of the Attorney General to disclose their electioneering expenses and…more Election Related Expenditures, Electioneering, Filing Deadlines, Non-Profits, Public Disclosure	See All Updates »
Maria Wolvin	TechComm – FTC/UDAAP Client Alert: FTC Staff Issues Guidance on Effective Online Disclosures Companies engaged in online advertising and social media promotions should carefully review “Dot-Com Disclosures – How to Make Effective Disclosures in Digital Advertising,” released by the FTC staff on March 12, 2013. This…more Advertising, Disclosure Requirements, Dot Com Disclosure Guide, FTC, Marketing	See All Updates »

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