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Publication Results

The advisory reviews the requirements for Business Associate Agreements updates required by September 23. The Employee Benefits & Executive Compensation Group also explains the requirements for HIPAA security risk assessments and the helpful HHS Security Risk Assessment Tool.
August 28, 2014
Advisories

During the second quarter of 2014, we saw various federal courts interpret and apply Comcast and other courts apply the Third Circuit’s Carrera decision—with mixed results for class defendants. Some plaintiffs’ counsel have responded to Comcast with classwide damage models built to withstand Daubert challenges; others have not, giving defendants strong arguments against certification. Ascertainability continues to be a battleground, but courts’ interest in the subject varies outside the Third Circuit.

Please let us know how we can make it better. We hope you enjoy the report. 

August 27, 2014
Advisories
"Biotech on the Front Lines of Fee-Shifting Debate," Daily Journal, August 27, 2014.
On March 26, 1996, Californians voted on Proposition 201, an initiative that, as proposed, contemplated the shifting of attorney fees and litigation costs to the losing party in shareholder lawsuits if the claims were brought without substantial justification. Leading up to the vote, supporters of the proposition more than doubled the spending of their adversaries. Despite these efforts, Prop. 201 was soundly defeated. Fast-forward nearly 20 years and the fee-shifting battle has resurfaced - and the biotech industry has been on the front lines.
August 27, 2014
Publications
"Equifax Fallout and the Future of UDITPA Section 18," State Tax Notes, August 25, 2014.
August 25, 2014
Publications
"Using Intercompany Debts as Assets," 144 Tax Notes 979, August 25, 2014.
August 25, 2014
Publications
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 August 22, 2014.
August 22, 2014
Publications
The firm’s Financial Services & Products Group reviews the new addendum to the Interagency Policy Statement on Income Tax Allocation in a Holding Company Structure and how to prepare for the October 31 deadline.
August 22, 2014
Advisories
The following is the A&B Healthcare Week In Review for the week ending August 22, 2014.
August 22, 2014
Publications
Employers and employees routinely enter into agreements where the employee waives potential claims and releases the employer from liability in exchange for consideration, typically severance pay, from the employer. The Equal Employment Opportunity Commission (“EEOC” or the “Commission”) contends to support this kind of private settlement of disputes, but it has recently waged an attack on employer agreements containing waivers and releases.
August 21, 2014
Publications
Alston & Bird’s Class Action Group discusses how outlet retailers are becoming the next target for class action suits for deceptive marketing practices.
August 21, 2014
Advisories
Alston & Bird’s Payment Systems Group reviews a petition for writ of certiorari filed by a group of trade associations and individual merchants seeking the U.S. Supreme Court’s review of the decision by the D.C. Circuit Court of Appeals in NACS v. Board of Governors of the Federal Reserve System.
August 20, 2014
Advisories
There have been some interesting developments relating to the high powered magnets that have been the focus of so much attention by the CPSC. Although BuckyBalls and others agreed to recall their magnet products in recent months, the manufacturer of a similar product, Zen Magnets, has vowed to fight the CPSC in court.
August 20, 2014
Publications
The U.S. Food and Drug Administration (FDA) shook up the laboratory industry on July 31, 2014 when it announced its plans to begin regulating laboratory developed tests (LDTs) as medical devices (8 MELR 521, 8/6/14).
August 20, 2014
Publications
On June 25, 2014, the Supreme Court of the United States announced its unanimous decision in Fifth Third Bancorp v. Dudenhoeffer. The ruling will likely lead to an increase in the number “stock drop” lawsuits brought under the Employee Retirement Income Security Act by 401(k) plan participants against the fiduciaries – or officers – of those plans due to a drop in the value of employer stock. The decision, however, does not necessarily mean there is a greater likelihood of success for the plaintiffs of such lawsuits.
August 19, 2014
Publications
On June 2, 2014, the U.S. Environmental Protection Agency (EPA) introduced the Clean Power Plan, a proposed regulation to achieve a 30 percent decrease in carbon emissions from 2005 levels -- by the year 2030. For those in high carbon-emission industries, or whose revenue streams depend in some part thereon, the proposed plan is likely to affect both current and long term costs and operations. This article provides a brief review of what industry players should know about the Clean Power Plan before the public comment period closes on October 16.
August 19, 2014
Publications
"Summons Enforcement and the Supreme Court," 144 Tax Notes 835, August 18, 2014.
August 18, 2014
Publications
Alston & Bird’s International Trade & Regulatory Group examines the Office of Foreign Assets Control’s updated guidance on entities owned by Specially Designated Nationals.
August 18, 2014
Advisories
California’s new Industrial Stormwater Permit ("2014 Permit") applies to many new facilities and requires new obligations for all existing facilities covered under the prior 1997 permit. Compliance is due by July 1, 2015, but facilities need to start preparing now to determine if they comply or whether modifications are necessary to meet the new permit’s requirements.
August 18, 2014
Publications
"Worried About the Sting of an IPR, Consider the International Trade Commission," Intellectual Property Today, August 2014.
August 2014
Publications
Alston & Bird’s International Tax Group reviews congressional proposals to curb corporate inversions amid debate over the need for comprehensive tax reform.
August 15, 2014
Advisories