Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Decision in FCA Case Both a Win, Setback for Health Care Providers"

On May 26, 2015, the U.S. Supreme Court issued a rare unanimous decision in a False Claims Act (FCA) case that cuts both ways for the health care industry. In an opinion authored by Justice Samuel Alito, the Court held in…more
| Civil Procedure, Criminal Law, Government Contracting, Health, Military Law

"Third Circuit Provides Road Map for Structured Dismissals"

In the past decade, Chapter 11 practice has witnessed the rise of a new phenomenon: structured dismissals.1 Broadly speaking, the term structured dismissal is an umbrella term for a dismissal order that includes additional bells…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

"Supreme Court Clarifies Scope of Bankruptcy Court Authority, Allows Court Adjudication of ‘Stern Claims’ if Parties Consent"

On May 26, 2015, the U.S. Supreme Court issued its ruling in Wellness International Network, Ltd., et al. v. Sharif. The Wellness decision clarifies one of the most significant open issues created four years ago by the Court’s…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking

"European Commission Launches Antitrust Sector Inquiry Into E-Commerce"

On May 6, 2015, the European Commission (Commission) launched an antitrust sector inquiry into the e-commerce sector. This sector inquiry is part of the Commission’s broader Digital Single Market Strategy, which aims inter alia…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, International Law & Trade, Science, Computers, & Technology

"The SEC Proposes FINRA Regulation for High-Frequency Traders"

The Securities and Exchange Commission (the “SEC”) recently proposed an amendment to Rule 15b9-1 under the Securities Exchange Act of 1934 (the “Exchange Act”). The proposed amendment (the “Proposed Amendment”) would require…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

"Agencies Propose Expanding US Export Controls on Cameras, Night Vision Equipment and Sensing Technology"

On May 5, 2015, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) and the U.S. State Department’s Directorate of Defense Trade Controls (DDTC) proposed extensive revisions to the current U.S. export controls…more
| Commercial Law & Contracts, International Law & Trade

"Supreme Court Recognizes ERISA Fiduciary Duty to Monitor Plan Investments"

On May 18, 2015, a unanimous U.S. Supreme Court held in Tibble v. Edison International1 that fiduciaries who select investment options for 401(k) plans have a continuing duty under the Employee Retirement Income Security Act of…more
| Business Torts, Civil Procedure, Finance & Banking, Labor & Employment Law

Cross-Border Investigations Update - May 2015

In This Issue: - Recent Prosecutions and Settlements: FCPA Enforcement Trends and Developments: Recent U.S. Foreign Corrupt Practices Act enforcement trends include the growing importance of corporate cooperation…more
| Commercial Law & Contracts, Criminal Law, Labor & Employment Law, International Law & Trade, Securities Law

"CFTC Issues Revised Embedded Volumetric Optionality Interpretation for Swaps"

On May 12, 2015, the Commodity Futures Trading Commission (CFTC) issued revised interpretive guidance for forward contracts with embedded volumetric optionality (EVO). In 2012, the CFTC and Securities and Exchange Commission…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

"District Court Decision on MPM Silicones Bankruptcy Case Highlights Risks for Secured Lenders"

In a May 4, 2015, decision, the U.S. District Court for the Southern District of New York rejected secured lenders’ appeals of a controversial bankruptcy court decision confirming the Chapter 11 plan of reorganization of MPM…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking

"Virginia Enacts Stricter Gift Provisions, Expands Lobbying and Pay-to-Play Laws"

On May 1, 2015, Virginia Gov. Terry McAuliffe signed Senate Bill No. 1424 (the Bill). The Bill tightens restrictions on gifts, expands Virginia’s lobby law to cover attempts to obtain public contracts and adds a new pay-to-play…more
| Business Organizations, Elections & Politics, Finance & Banking, Government Contracting

"Conflict Minerals Disclosures Due June 1, 2015"

Conflict minerals disclosures on Forms SD for calendar year 2014, if required, must be filed with the U.S. Securities and Exchange Commission (SEC) by June 1, 2015 — the Monday after the annual May 31 due date. As companies…more
| Business Organizations, Commercial Law & Contracts, Securities Law

"HHS OIG Issues New Compliance Oversight Guidance for Boards of Directors"

On April 20, 2015, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) published its “Practical Guidance for Health Care Governing Boards on Compliance Oversight” (the Guidance).1 The…more
| Business Organizations, Health

"Restrictions on Contributions to Convention and Host Committees"

As the 2016 presidential election nears, fundraising efforts surrounding the presidential nominating conventions are beginning to intensify. Each convention is supported by both a convention committee, established by the…more
| Business Organizations, Elections & Politics, Finance & Banking

"MSRB Announces Publication of Proposed Rule G-42 in Federal Register"

On May 11, 2015, the Municipal Securities Rulemaking Board (MSRB) announced that Proposed Rule G-42 (standards of conduct for nonsolicitor municipal advisors), with conforming changes to Rule G-8 (books and records), was…more
| Administrative Law, Business Organizations, Elections & Politics, Securities Law
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