The Rules They Are A-Changin’: CMS Proposes a Significant Change to the 60-Day Repayment Rule
In February 2024, we published an alert discussing the significant benefits of prompt self-reporting and cooperation during a US Securities and Exchange Commission ("SEC") investigation. This past week, during his keynote...more
2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more
Aramis Seferian v. Continental Broker-Dealer Corp., FINRA Case #23-00665 - The claimant broker requested expungement of two customer complaints from his CRD record. In an explained decision, the FINRA Panel denied the...more
Following my colleagues’ efforts in this series, this post examines the dissent/concurrence practice of the Commissioners at the U.S. International Trade Commission (USITC) – specifically the “hot” issues that drew the most...more
Much has been written about the importance of identifying lessons learned and taking remedial action in the aftermath of an investigation into compliance failures. But an equally valuable exercise can result from exploring...more
The U.S. Food and Drug Administration (FDA) uses warning letters to notify manufacturers that they have violated the FDA’s regulations or federal law. Manufacturers that receive warning letters must respond promptly, and they...more
The trend of the US International Trade Commission issuing remedial orders for design patents at higher percentages than for utility patents continued in 2023.1 From 2015-2023, 356 such investigations were concluded. And of...more
The Washington Department of Ecology’s recent amendments to the state contaminated site cleanup regulations under the Model Toxics Control Act (MTCA) require screening to determine whether contaminated sites may affect...more
Join litigation shareholder Libbie DiMarco as she breaks down the latest developments for mitigating ITC remedial orders with effective litigation strategies ranging from product redesigns (and when to introduce them) to PTAB...more
Electrification is a key pillar in California's effort to decarbonize and combat climate change. Unfortunately, the rapid electrification of buildings, appliances, and transportation, not to mention the proliferation of...more
Recent Department of Justice (“DOJ” or “Department”) activity on bribery in Mexico and Latin America sends a warning and provides a roadmap to companies doing business there. By following the roadmap, companies may escape...more
Mike Daniels is a 300-pound mound of sound who played defensive tackle in the National Football League. After receiving more than a few personal foul penalties during his 10-year career, he explained that “the second guy...more
Glass Lewis (“GL”) recently released its annual Benchmark Policy Guidelines for 2024. This update makes several changes to how the proxy advisory firm will evaluate company policies related to executive compensation. ...more
2023 was an exciting year for Section 337 litigation at the ITC, particularly in the final quarter of the year. As we ring in the new year, Wolf Greenfield Shareholder Libbie DiMarco examines five of the most noteworthy ITC...more
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
On November 30, 2023, the Commission denied a waiver request and a request for remedial relief from Ridgeview Solar LLC (“Ridgeview Solar”). Ridgeview Solar had sought a waiver or remedial relief from the procedural deadline...more
In our continuing series on Section 704(c) of the Internal Revenue Code (the Code) we discuss the application of the remedial method to correct for distortions caused by the ceiling rule. As previously discussed, when the tax...more
Delaware Attorney General Kathleen Jennings filed a lawsuit in late October against 14 defendant chemical companies for manufacturing and sale of fire-fighting foams that contained PFAS, known as “forever chemicals,” used...more
The U.S. Securities & Exchange Commission (“SEC”) recently found that an investment adviser mischaracterized its integration of Environmental, Social, and Governance (“ESG”) factors into research and investment...more
The U.S. Securities and Exchange Commission (“SEC”), in a couple of recent settled actions, continues to warn companies that the practice of requiring departing employees to sign comprehensive releases in return for...more
Anyone who has been practicing environmental law for more than a few years has had a case requiring a dive into the black hole that is CERCLA's statute of limitations which specifies the time within which someone seeking to...more
Mit dem Referentenentwurf des Bundesministeriums der Justiz (BMJ)1 zur Einführung eines Leitentscheidungsverfahrens beim Bundesgerichtshof (BGH) setzt der Gesetzgeber seine Bestrebungen zur Effektuierung der privaten...more
In June 2021, Philips notified the ANSM of a field safety action that related to the potential risk of degradation and inhalation of carcinogenic compounds from the sound-absorbing foam used in its ventilation devices for...more
On April 6, 2023, the Department of Treasury Office of Foreign Assets Control (“OFAC”) and the Department of Commerce Bureau of Industry and Security (“BIS”) announced a settlement with Microsoft Corporation (“Microsoft”) and...more
The Securities and Exchange Commission (SEC) recently charged Betterment, a leading robo-adviser, for making misstatements regarding its automated tax loss harvesting service (TLH). Betterment allegedly misled investors about...more