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Publication Results

“Religious Liberty, Conscience and Health Care: A Case Study of the Administration’s Implementation of the Public Health Service Act,” 52 Chicago Studies 80, Winter 2013.
Winter 2013
Publications
Are you interested in expediting the examination of a patent application? Applicants now have a temporary opportunity to obtain expedited examination via the new glossary pilot program that went into effect on June 2, 2014, at the United States Patent and Trademark Office (USPTO). The goal of the glossary pilot program is to provide the USPTO the opportunity to determine the effectiveness of requiring a glossary to aid in clarifying patent claims. An applicant may apply for the glossary pilot program if the application is an original, non-reissue, non-continuation, or non-provisional utility application filed under 35 U.S.C. 111(a). The program requirements include inserting a glossary at the beginning of the detailed description of the original specification.
July 25, 2014
Advisories
This advisory addresses an important update regarding additional steps that plan administrators must take, in order to avoid penalties under the Internal Revenue Code, if they failed to timely file the Form 5500 series of annual reports. This advisory also includes a critical reminder concerning the timing of fee disclosures regarding qualified retirement plans.
July 24, 2014
Advisories
On the heels of being recognized as a “2014 Top Labor & Employment Lawyer” by the Los Angeles Daily Journal, we sat down with Jim Evans, partner in the firm’s Labor & Employment Group to discuss the trends in employment litigation, the use of arbitration agreements to defeat class actions and the changes to his practice as a result of an ever-changing appellate landscape.
July 30, 2014
Interviews
The Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance (the “Guidance”) on pregnancy discrimination and related issues. This is the first update to the EEOC’s pregnancy-related Enforcement Guidance in 30 years and, consistent with the EEOC’s identification of pregnancy discrimination as a strategic enforcement priority, the Guidance expands protections for pregnancy and pregnancy-related conditions through broad interpretation of the Pregnancy Discrimination Act (PDA) and Americans with Disabilities Act (ADA).
July 24, 2014
Advisories
In response to the CPSC’s proposed changes to the CPSC Voluntary Recall Program (VCP), Rep. Mike Pompeo (R-KS) proposed an amendment to prevent the CPSC from spending money to implement the CPSC’s proposed changes to the VCP. On July 16, 2014, the House of Representatives passed the Financial Services and General Government Appropriations Act via H.R. 5016.
July 23, 2014
Publications
On June 25, 2014, the Securities and Exchange Commission (SEC) adopted the first of a series of rules on cross-border security-based swap activities for market participants (the “Final Rules”). The Final Rules focus on three issues: (1) when a cross-border transaction must be counted toward the de minimis threshold for registration as a security-based swap dealer (SBSD) or the determination of a substantial position in security-based swaps for registration as a major security-based swap participant (MSBSP); (2) procedures for foreign regulators or market participants to apply for substituted compliance, which would allow market participants to comply with comparable foreign requirements as an alternative to complying with U.S. requirements; and (3) the extension of the SEC’s anti-fraud enforcement authority to where the fraud occurs or where the fraud is felt within the United States.
July 23, 2014
Advisories
Most construction projects do not end up in contention and acrimony, but when they do, the design professional is often asked to opine on whether the contractor should be terminated. This occurs as part of the design professional’s role as the ‘initial decision-maker,’ or as counselor and advisor to the owner.
July 22, 2014
Publications
A recently issued notice of data availability by the U.S. Environmental Protection Agency raises the prospects that the agency could jeopardize the pharmaceutical industry’s “reverse distribution” system currently in place for outdated or unsold retail pharmaceuticals.
July 21, 2014
Publications
The following is the A&B Healthcare Week In Review for the week ending July 18, 2014.
July 18, 2014
Publications
With increasing frequency, employers are being targeted by lawsuits alleging violations of state and federal consumer reporting statutes. Particularly when claims are brought on behalf of a class of claimants under the federal Fair Credit Reporting Act (FCRA) and/or similar state statutes, such litigation can result in significant losses for employers who fail to take steps to ensure compliance with federal and state consumer reporting laws. This advisory discusses federal and state requirements for employment-related usage of consumer reports, statutory incentives for class-action lawsuits against employers, and offers suggestions to employers on the steps to confirm they are FCRA-compliant.
July 18, 2014
Advisories
In a decision that may have far-reaching implications to the Federal Government’s efforts to oversee the E-Rate Program, the Fifth Circuit Court of Appeals recently reversed a district court decision denying several technology companies’ motion to dismiss a False Claims Act (FCA) case arising out of the defendants’ participation in the E-Rate Program. The Fifth Circuit held that E-Rate funds are not “provided by” the Federal Government merely because Congress established the program, thereby concluding at least some financial harm to the U.S. Treasury is required before FCA liability can attach. Alston & Bird Government Contracts attorneys Jeff Belkin, Andy Howard, and Jessica Sharron represent two defendants (only one of which was involved in the appeal) in the case.
July 16, 2014
Advisories
Following the administration budget’s proposal for stricter anti-inversion legislation, Congressmen Chris Van Hollen and Sander Levin have introduced the Stop Corporate Expatriation and Invest in America’s Infrastructure Act (H.R. 4679) to stiffen the provisions of Section 7874. (Senator Carl Levin introduced a similar proposal, S. 2360, in the Senate.) The proposed legislation epitomizes the government’s anti-inversion frenzy, as more U.S. companies look for greener tax pastures overseas.
July 15, 2014
Advisories
In a landmark decision, FDIC v. Loudermilk,1 the Georgia Supreme Court confirmed that the business judgment rule protects Georgia’s directors and officers, including bank directors and officers, from second-guessing of the wisdom of business decisions. With this ruling, scattershot allegations regarding the business decisions of directors and officers will not survive, and plaintiffs, such as the FDIC, must instead focus on the very narrow issue of whether the directors or officers, in making the business decisions, did so either without deliberation, without assessing the facts upon which the decision was based, or in bad faith.
July 15, 2014
Advisories
Earlier this month, the U.S. Food and Drug Administration (FDA) issued an Interim Draft Guidance, “Current Good Manufacturing Practice – Interim Guidance for Human Drug Compounding Outsourcing Facilities Under Section 503B of the FD&C Act” (July 2014) (the “Interim Draft Guidance”). The Interim Draft Guidance delineates the agency’s current expectations regarding outsourcing facility compliance with current good manufacturing practice (cGMP) requirements in 21 CFR Parts 210 and 211. Outsourcing facilities, as defined in the 2013 Drug Quality and Security Act, are facilities engaged in the compounding of sterile drugs that have elected to register with the FDA. The Interim Draft Guidance will be in effect for these facilities until more specific cGMP final regulations are promulgated.
July 14, 2014
Advisories
The following is the A&B Healthcare Week In Review for the week ending July 11, 2014.
July 11, 2014
Publications
Greenhouse gas reporting programs at the state and federal level are becoming increasingly important as their output can form the basis for future regulations. The authors of this BNA Insight look at two such programs in California and one from the EPA. Compliance is critical, they argue, as penalties can quickly mount and enforcement activity is likely to rise in the coming years.
July 11, 2014
Publications
This advisory discusses the United States Court of Appeals for the D.C. Circuit’s issuance of an important decision in In re Kellogg Brown & Root, Inc., which restored the applicability of the attorney-client privilege to documents created in connection with a company’s internal investigation. The court’s opinion is considered a victory for the business community, as it reversed a lower court decision that “threaten[ed] to vastly diminish the attorney-client privilege in the business setting.”
July 9, 2014
Advisories