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Publication Results

“ACA Administrative Simplification Provisions for Health Plans: Time to Apply for an HPID and Prepare for Certification of Compliance”, The Self Insurer, July 2014.
Juy 2014
Publications
Stymied by Congress in efforts to pass legislation such as the Fair Minimum Wage and Paycheck Fairness Acts, President Obama has been using his executive powers to impact employment laws.  Additional executive action may be on the way.
July 2014
Publications
Rev. Proc. 2014-3 provides that the IRS won’t issue rulings on “the treatment or effects of hook equity, including as a result of its issuance, ownership, or redemption.” It defines hook equity as “an ownership interest in a business entity (such as stock in a corporation) that is held by another business entity in which at least 50 percent of the interests (by vote or value) in such latter entity are held directly or indirectly by the former entity.” But a recent ruling involved hook stock and predated the no-rule. LTR 201404002 involved a surprising but somewhat common use of Section 355 to eliminate hook stock. It requires the invention of yet another spinoff term—this time, the split-down.
July 1, 2014
Advisories
The Alston & Bird Government Contracts Review highlights recent trends and developments in the government contracts industry. In this issue:

• Updates for the minimum wage debate
• Changes to women-owned small businesses
• Proposed requirements for reporting non-conforming goods

...and more!
June 30, 2014
Publications
This advisory discusses Lewis Brothers Bakeries, Inc. and Chicago Baking Co. v. Interstate Brands Corp., in which the United States Court of Appeals for the Eighth Circuit, sitting en banc, held that a perpetual, royalty-free, assignable, transferable, exclusive trademark license granted in connection with a substantially consummated asset purchase agreement was not an executory contract that could be assumed or rejected by the licensor-debtor in bankruptcy. The holding should be noted by parties to trademark licenses as it outlines certain rights when a party to the license files bankruptcy.
June 30, 2014
Advisories
We recently sat down with Ken Jaffe, partner and leader of the firm’s Energy Group, and discussed new economic and regulatory trends that are creating significant challenges, and opportunities, for electricity suppliers, market operators and delivery companies in the electricity markets.
June 30, 2014
Interviews
The following is the A&B Healthcare Week In Review for the week ending June 27, 2014.
June 27, 2014
Publications
The advisory discusses the Supreme Court decision in Fifth Third Bancorp v. Dudenhoeffer that unanimously ruled fiduciaries of employee stock ownership plans (ESOPs) are not entitled to a presumption of prudence with regard to investments in employer securities.
June 27, 2014
Advisories
The proposed changes to the CPSC’s voluntary recall program, which were announced in November 2013, have been widely criticized. In a recent letter to the CPSC’s congressional oversight committee, former CPSC Chairperson Ann Brown stated that the proposed changes threaten the continued success and viability of the CPSC’s Fast Track recall program.
June 27, 2014
Publications
This advisory reviews U.S. District Judge Robert Wilkins’ rejection that the Wartime Suspension of Limitations Act (WSLA) tolls the False Claims Act’s (FCA) applicable statute of limitations period beginning September 18, 2001 and how this is a victory for FCA defendants seeking to time-bar stale claims alleged by relators to have been fraudulent.
June 27, 2014
Advisories
The following is a summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit for the week ending June 27, 2014.
June 27, 2014
Publications
Alston & Bird is updating its Cyber Risk Legal Package, which was originally released in June of 2013. The updates to the Cyber Risk Legal Package will offer clients new services such as strategies for testing incident response and data breach plans, information-sharing risk mitigation counseling, and a tool that provides checklists that summarize (a) recommended security practices based on legal sources, including a list of inadequate security measures, and (b) the FTC’s complaints and enforcement actions as it relates to consumer disclosures in the areas of big data, children’s personal information and mobile apps.
June 26, 2014
Publications
This advisory discusses the Supreme Court’s 6–3 decision in American Broadcasting Cos., Inc. v. Aereo, Inc., holding that a service which uses thousands of tiny, individually assigned antennas to allow its customers to watch television programs over the Internet at nearly the same time as the programs are broadcast violates the Copyright Act.
June 26, 2014
Advisories
In a long-awaited decision, the California Supreme Court ruled on Monday that the Federal Arbitration Act preempts a California state rule invalidating class arbitration waivers. Iskanian v. CLS Transportation LLC determined that the same court’s decision in Gentry v. Superior Court contradicted United States Supreme Court precedent and the FAA. Gentry established a rule restricting the enforcement of class arbitration waivers in California. But, the Iskanian court rejected this rule, holding that it violates the FAA and a 2011 U.S. Supreme Court decision by promoting procedures incompatible with arbitration. In the same opinion, however, the Iskanian court held that an arbitration agreement requiring an employee to give up the right to bring representative Private Attorneys General Act actions in any forum is contrary to public policy.
June 25, 2014
Advisories
This advisory discusses the Supreme Court’s recent decision in Halliburton II in which the Court made clear that defendants in securities cases have the right to challenge class certification through evidence that the alleged misstatements in the case had no impact on the company’s stock price.
June 25, 2014
Advisories
It is often stated that the law lags behind technology.  Increasingly, this is particularly the case in the automotive field as both Advanced Driver Assistance Systems (ADAS) and fully driverless "autonomous" vehicles are quickly moving out of the realm of science-fiction to real-world production and use.
June 25, 2014
Publications
The California Supreme Court recently issued a broad class action decision that sounds a lot like the United States Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes, and this advisory discusses the similarities between the two decisions, including how both decisions reverse certification of employment classes, turn on the rights of defendants to present affirmative defenses, highlight the importance of managing individualized issues, and warn about the limitations of trials using flawed statistical sampling models.
June 24, 2014
Advisories
"Journal Entries," 143 Tax Notes 1435, June 23, 2014.
June 23, 2014
Publications