President Obama recently nominated Ann Marie Buerkle, a former Republican Congresswoman from Syracuse, NY, to serve as a Commissioner on the CPSC. This nomination comes more than a year and a half after Obama nominated Democrat Marietta Robinson to serve as a Commissioner for the other open seat on the Commission. The confirmation for Robinson had been stalled, but now that Obama has nominated a Commissioner to fill the open Republican seat, conventional wisdom is that the Senate will move forward and confirm both nominees in the near future. If both Buerkle and Robinson are confirmed, there will be 3 Democrats and 2 Republican Commissioners. Republican Nancy Nord’s term expires in October, so Obama will soon have a chance in the near future to nominate another Republican to the Commission. (By statute, the Commission has three spots for members of the President’s party and two seats for the other party). It will be interesting to see how these new Commissioners impact the direction of the CPSC.
June 2013
Publications
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June 18, 2013
Publications
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This advisory discusses how in Chief Counsel Advice (CCA) 201321018, the IRS concluded that a U.S. target corporation’s Section 361(c) distribution of stock of a foreign corporation pursuant to a reorganization constituted an indirect disposition of intangible property, requiring the target to recognize income under the “Disposition Rule” of Section 367(d).
June 17, 2013
Advisories
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On Thursday, June 14, 2013, the United States Supreme Court unanimously ruled that the isolated form of naturally occurring DNA molecules does not rise to the level of patent-eligible subject matter. This advisory discusses the ruling and how it likely invalidates numerous issued patent claims directed to isolated DNA sequences.
June 17, 2013
Advisories
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In late May, hundreds of amendments were proposed to Senate Bill 744, The Border Security, Economic Opportunity, and Immigration Modernization Act, which—if passed—could have a wide-ranging impact on employers and employees. The bill is designed to implement changes in border security, employee verification, visa reform and the legalization process for undocumented immigrants, though additional changes may be incorporated with new proposals and amendments. While the legislation is centered on immigration reform—and not employment generally—it could create a new set of rules and consequences that would apply to all employers. This advisory addresses four key elements of the bill that employers and employees need to be mindful of should the legislation move forward and eventually become law.
June 14, 2013
Advisories
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