Pillsbury Winthrop Shaw Pittman LLP

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New York, NY 10036-4039, United States

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The Second Circuit Sets New Hurdles for Insider Trading Convictions

Under the Second Circuit’s new ruling, prosecutors have two large hurdles they must clear to convict under securities laws. First, they must prove that a defendant knew that the source of inside information disclosed tips in…more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, Securities Law

A New U.S. Course for Cuba Relations: What Does It Mean for Business?

President Obama made an unexpected announcement this week signaling a “new course” for Cuba after more than fifty years of comprehensive U.S. sanctions. Reestablishing diplomatic relations is a major change. In terms of business…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade

Don’t Tell the Government “It Wasn’t Me”: ASBCA Holds Contract Void Ab Initio for Fraud

In the Appeal of Vertex Construction & Engineering, ASBCA No. 58988, decided last month, the Armed Services Board of Contract Appeals (“ASBCA”) exercised a “harsh” remedy in declaring Appellant’s contract void ab initio because…more
| Administrative Law, Civil Procedure, Military Law, Government Contracting

Five Things You Should Know About New York State’s Taxation of Convertible Virtual Currency

On December 5, 2014, the New York State Department of Taxation and Finance issued TSB-M-14(5)C, (7)I, (17)S, explaining its policy regarding convertible virtual currency…more
| Finance & Banking, Science, Computers, & Technology, Taxation

U.S. and EU Extend Temporary Iran Sanctions Relief a Second Time

The temporary and limited changes to U.S. and European Union (“EU”) sanctions policy for Iran, as agreed under the interim nuclear deal reached by Iran and the P5 + 1 countries, have been extended until June 30, 2015. Most U.S…more
| Elections & Politics, Energy & Utilities, Health, International Law & Trade, Transportation

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
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Areas of Practice
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400+ Attorneys

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