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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Resources - Publications

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Publication Results

This advisory discusses New York’s new policy for business-to-business (B2B) transactions and its potential impact on holders that engage in business with New York-resident businesses.
April 17, 2014
Advisories
On April 14, 2014, the United States Court of Appeals for the D.C. Circuit issued its opinion in the challenge to Section 13(p)(1) of the Exchange Act and Rule 13p-1 thereunder (the “Conflict Minerals Rule”) brought by The National Association of Manufacturers. The appeal sought to overturn the ruling by the District Court for the District of Columbia, which granted summary judgment for the Securities and Exchange Commission (SEC) and upheld the Conflict Minerals Rule as enacted.
April 16, 2014
Advisories
The Foreign Account Tax Compliance Act (FATCA), enacted by the 2010 HIRE Act, generally requires foreign financial institutions (FFIs) and non-financial foreign entities (NFFEs) to report certain information about their U.S. account holders and substantial U.S. owners, respectively, or be subject to a 30 percent withholding tax on “withholdable payments.” With the July 1, 2014, effective date for withholding under FATCA less than three months away, the U.S. Treasury and IRS are working to patch up holes in the compliance framework.
April 15, 2014
Advisories
On April 7, 2014, the U.S. Securities and Exchange Commission published nine additional Frequently Asked Questions (FAQs) relating to the new disclosure requirements regarding the use of conflict minerals from the Democratic Republic of the Congo (DRC) or adjoining countries (the “Conflict Minerals Rules”). These FAQs provide additional insight and guidance at a time when most companies have started, or are starting, to prepare their initial Form SD filings, which cover the 2013 calendar year and are due June 2, 2014.
April 14, 2014
Advisories
This advisory discusses the memorandum signed by President Barack Obama directing the Department of Labor (DOL) to issue a rule requiring federal contractors to provide compensation data by sex and race and an executive order banning federal contractors from retaliating against employees who discuss their compensation with one another.
Aprill 14, 2014
Advisories
On April 4, 2014, the IRS released Notice 2014-19, which clarifies the retroactive implications of the Supreme Court’s United States v. Windsor decision on qualified retirement plans. The Notice generally requires qualified retirement plans to be operated and administered in accordance with the Windsor decision effective as of June 26, 2013 (the date the Windsor decision was issued), but does not require retroactive application of Windsor prior to that date. Additionally, Notice 2014-19 clarifies important questions regarding the need for and the timing of specific Windsor-related plan amendments.
April 11, 2014
Advisories
Since 2008, almost 500 banks have failed. These banks held billions of dollars of loans. Among these billions of dollars of loans are many participation loans where the failed bank was the lead bank with administration rights for the loan. These participation loans can present unique complications when an institution acquires the lead position from the Federal Deposit Insurance Corporation and there is disagreement among the participants about the administration of the loan.
April 10, 2014
Publications
President Obama signed the “Protecting Access to Medicare Act of 2014” (Public Law No. 113.93) into law on April 1, 2014. The measure passed the Senate late on March 31 by a vote of 64 to 35 and passed the House by voice vote on March 27.
April 10, 2014
Advisories
The Dodd-Frank Wall-Street Reform and Consumer Protection Act was ushered in with much fanfare in 2010, and appropriately so. Dodd-Frank was passed rapidly through Congress in the wake of the great financial collapse of 2008 and established a great many rights and requirements designed to, among other things, prevent financial fraud, promote economic stability and protect investor confidence in the markets.
April 10, 2014
Publications
In South Florida Wellness Inc. v. Allstate Insurance Co. (2014), the Eleventh Circuit ruled that a plaintiff’s declaratory judgment alone can satisfy the Class Action Fairness Act’s amount in controversy requirement. The Eleventh Circuit’s ruling in South Florida Wellness continues the recent trend in the federal courts of strengthening the ability of defendants to remove class actions to federal courts pursuant to CAFA.
April 9, 2014
Publications
A federal district court has ruled that a distressed debt fund is not a “financial institution” for purposes of the assignment provisions of a loan agreement.
April 8, 2014
Advisories
During the 2014 portion of the 2013-2014 legislative sessions, the Georgia General Assembly passed several bills with provisions aimed at having a positive impact on energy, infrastructure and economic development in the state. These bills, as summarized in this advisory, are currently awaiting the Governor’s signature; we will continue to monitor their progress and provide status updates accordingly.
April 7, 2014
Advisories
On March 13, 2014, the California Department of Toxic Substances Control (DTSC) announced its first set of Initial Proposed Priority Products as part of the Safer Consumer Products (SCP) regulations.
April 4, 2014
Publications
Medical directors are often in a prime position to generate business for the healthcare providers who pay them.  As a result, the government is looking at these relationships with heightened scrutiny.
April 2014
Publications
Few taxpayers are aware of the operations of the Criminal Investigation Division of the IRS, and rightly so. Out of hundreds of millions of tax returns filed, only 3311 persons were convicted of tax crimes in the government’s FY 2013, according to the Report of the CI Division. Nevertheless, the small number masks the extreme seriousness of tax crimes to those involved.
April 1, 2014
Advisories
On March 25, 2014, the EPA and the Army Corps of Engineers jointly issued a proposed rulemaking that would redefine the term “Waters of the United States” under the Clean Water Act, and, in turn, redefine the scope of the federal agencies’ regulatory authority under the Clean Water Act.
March 31, 2014
Advisories
This advisory discusses the U.S. Supreme Court’s recent denial of certiorari petitions in three class actions—Whirlpool Corp. v. Glazer; Sears, Roebuck & Co. v. Butler; and BSH Home Appliances Corp. v. Cobb—where district courts certified Rule 23(b)(3) classes after the Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013). The defendants’ petitions for certiorari raised a number of key issues, including (1) whether a class may be certified when most members of the class were not injured; (2) whether Rule 23(b)(3)’s predominance requirement is satisfied simply if a central issue can be resolved efficiently, even when a host of individual issues lurk in the proposed class; and (3) whether a district court, at the class certification stage, must decide whether expert testimony is admissible under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
March 27, 2014
Advisories
This advisory discusses the Court of Appeals for the D.C. Circuit’s reversal of the D.C. District Court’s grant of summary judgment in NACS v. Board of Governors of the Federal Reserve System (“NACS v. Board”), the challenge filed by a group of merchant trade associations and individual merchants (the “Merchants”) to the interchange-fee limitations and network exclusivity prohibition established by the Board of Governors of the Federal Reserve System (the “Board”) in Regulation II, Debit Card Interchange Fees and Routing (“Regulation II”). The court of appeals upheld Regulation II as currently drafted, finding that the Board had reasonably interpreted the Durbin Amendment’s mandates, but the court remanded one “minor” issue to the Board for further explanation—the treatment of transaction monitoring costs.
March 27, 2014
Advisories
Last month, Kids in Danger, an advocacy group that focuses on children’s product safety, released a report indicating that only 10 percent of recalled children‘s products in 2012 were successfully corrected or destroyed. Kids in Danger calculated the recall participation rates by using monthly progress reports produced by the CPSC for the months of January 2012 to October 2012. Particularly noteworthy is the report’s indication that manufacturers, which possessed less than one percent of the recalled products, corrected or destroyed 94 percent of those products, while consumers, who possessed nearly 82 percent of the recalled products, corrected or destroyed only 4.6 percent of those products. Distributors corrected or destroyed 53 percent of the three percent of recalled products they possessed, while retailers corrected or destroyed 52 percent of the four percent of recalled products they possessed.
March 26, 2014
Publications
On March 11, 2014, the California Court of Appeal (1st District) issued its opinion in San Francisco Unified Sch. Dist. ex rel. Contreras v. First Student, Inc. There, the court denied the defendant contractor’s motion for summary judgment in a qui tam case brought under the California False Claims Act on grounds that an issue of fact existed as to whether the defendant contractor’s implied certification of compliance with the commercial terms of its agreement with the San Francisco School District was material to the District’s decision to pay the contractor’s invoices. This decision has the potential of inviting more qui tam cases based on nothing more than a contractor’s noncompliance with the terms of its contract with a public agency.
March 25, 2014
Advisories