Pillsbury Winthrop Shaw Pittman LLP

1540 Broadway
New York, NY 10036-4039, United States

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Convention on Supplementary Compensation: Liability Implications for the Nuclear Industry

Now that Japan’s Diet, as of November 21, 2014, has approved Japan’s ratification of the Convention on Supplementary Compensation for Nuclear Damage (CSC) and implementing domestic legislation, Japan presumably will soon deposit…more
| Commercial Law & Contracts, Energy & Utilities, Insurance, International Law & Trade

Ancillary Joint Ventures Involving Taxable and Tax-Exempt Health Care Entities: Addressing the Chilling Effect of IRS Inaction

Tax-exempt health care systems facing growing operating costs and falling revenues frequently explore creation of ancillary joint ventures (AJVs) as vehicles to raise capital, share risk, expand coverage, and provide care more…more
| Commercial Law & Contracts, Finance & Banking, Health, Taxation, Nonprofit Law

Caught Between Laws: Challenges for Health Care Providers in Using Criminal History Information in Employment Decisions

In an effort to increase protection for vulnerable patient populations, the Affordable Care Act (ACA) creates incentives for states to strengthen the employment background check programs available to long-term care providers…more
| Civil Rights, Conflict of Laws, Labor & Employment Law, Health

The Ninth Circuit Provides Clarity on ERA Whistleblower Protections.

On November 7, 2014, the Ninth Circuit issued its ruling in Tamosaitis v. URS Inc. and provided clarity on three key aspects of the whistleblower protections afforded under the Energy Reorganization Act (ERA), 42 U.S.C. 5801 et…more
| Civil Procedure, Constitutional Law, Labor & Employment Law, Energy & Utilities, Government Contracting

Huerta v. Pirker: NTSB Rules that UAS Are “Aircraft” and Subject to FAA Prohibition on Careless and Reckless Operations

On November 18, 2014, in a unanimous decision, the National Transportation Safety Board (NTSB) concluded that unmanned aircraft systems (UAS) are: “aircraft” within the Federal Aviation Administration’s (FAA) statutory and…more
| Administrative Law, Civil Procedure, Transportation

Health Care Financing Trends: What Do They Foreshadow?

This article explores some current health care financing trends and speculates on what they may portend for work in a health care restructuring professional’s “pipeline.” While there are many kinds of health care enterprises on…more
| Bankruptcy, Finance & Banking, Health

Five Cyber Security Takeaways from the Mid-Term Elections

While not a much-discussed topic during campaign season, federal policy on cyber-security will likely see some material changes as a result of a Republican-controlled Senate. Just how significant those changes will be has yet to…more
| Commercial Law & Contracts, Elections & Politics, Privacy, Consumer Protection, Science, Computers, & Technology

Court Finds Poker Game Management Patents Valid Under Section 101

In denying a motion for summary judgment of invalidity under Section 101, the court stated: "An inability to articulate an abstract idea to which claims are directed may be a clue that those claims satisfy Section 101." The…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Oil and Water: Proposed Redefinition of Waters of the U.S. Has Significant Implications for Domestic Operations

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACOE) have announced a new Nov. 14, 2014, deadline to submit comments to its much-debated redefinition of the term, “Waters of the United States,”…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

New York Court of Appeals Gives Global Banks Big Win on “Separate Entity” Issue

In Motorola Credit Corp. v. Standard Chartered Bank, 2014 N.Y. Slip Op. 07199, 2014 WL 5368774 (Oct. 23, 2014) (“Motorola”), the highest New York state court ended five years of uncertainty and for the first time expressly…more
| Civil Procedure, Finance & Banking, International Law & Trade

Global App Enforcement Sweep - Lessons For Developers

A recent survey of over 1,200 of the top mobile apps in 19 countries by the Global Privacy Enforcement Network ("GPEN") has found that 85% of the apps reviewed were non-compliant, failing to provide even the most basic privacy…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, International Law & Trade

English Law: Do You Take Yours With or Without? – Prejudice, that is...

The practice of placing the magic words “without prejudice and subject to contract” on every exchange during commercial negotiations can be thought a “belt and braces” or “no harm, no foul” approach, but experience and a recent…more
| Civil Procedure, Commercial Law & Contracts

Mexico’s Energy Reform Provides Significant Opportunities In Oil And Gas Exploration And Production

Mexico’s new energy legislation, which went into effect on August 12, 2014, will completely restructure the Mexican energy sector, including both hydrocarbons and electricity. This legislation opens up oil and gas exploration…more
| Commercial Law & Contracts, Constitutional Law, Finance & Banking, International Law & Trade

Another Court Declares Terms of Service Provisions Unenforceable - Are Yours?

Too many companies/lawyers treat website Terms of Service (TOS) as boilerplate agreements that no one reads. Many companies simply put a link at the bottom of the homepage. This approach continues to prove ineffective, as courts…more
| Commercial Law & Contracts, Communications & Media Law, Science, Computers, & Technology

Mexico’s Guidelines for Clean Energy Certificates Will Support Renewable Energy Development

As part of a historic restructuring of its electrical power sector, Mexico will create a market for tradable Clean Energy Certificates, which many industry participants will be required to obtain. Draft guidelines proposed by…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Finance & Banking, International Law & Trade
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Areas of Practice
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400+ Attorneys

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