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  • Article

    Civil Antitrust Attorneys Receive Wire-Tap Evidence

    The Canada Supreme Court has ruled that civil antitrust plaintiffs may receive wire-tap evidence obtained in the criminal investigation into an alleged price-fixing scheme.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Developments In The Capacitor Cartel Litigation: Class Counsel Appointed And The Antitrust Division Intervenes

    The parties and the court have also recently resolved questions as to the appropriate forum and interim lead counsel for the litigation.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    How The FTC Analyzes Efficiencies Claims

    In a recent speech, FTC Bureau of Competition Director Deborah Feinstein discussed the FTC's approach to analyzing claims by merging parties that a merger will benefit consumers by creating efficiencies.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Lack Of Antitrust Standing Requires Dismissal Of Complaint Against Alleged Chinese Magnesite Cartel

    Last Thursday, Judge Kevin McNulty in the District of New Jersey issued a 69-page opinion explaining his sua sponte dismissal of the putative class action complaint in Animal Science Products, Inc. v. China Minmetals Corp., which alleges a horizontal price-fixing scheme by a cartel of Chinese magnesite exporters.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Sysco, US Foods Seek Disclosure Of FTC Witness Identities

    The Federal Trade Commission (FTC) went head-to-head last week with Sysco Corp. and US Foods Inc. over whether to make public the names of the declarants relied on by the FTC...
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Employer Notice Regarding Children's Health Insurance Program

    As a reminder, employers sponsoring group health plans are required to notify employees of potential opportunities currently available in the State in which employees reside for group health plan premium assistance under Medicaid and the Children's Health Insurance Program ("CHIP").
    United StatesEmployment and HR
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Final Employer "Play Or Pay" Mandate Guidance: Employer Action Needed

    The Affordable Care Act, the federal health care reform law enacted in 2010, added a provision to the Internal Revenue Code ("Code") (Code Section 4980H) that, beginning on January 1, 2015, may subject employers to an excise tax penalty if a covered employer fails to offer health plan coverage to a sufficient number of its employees and their dependents or if it offers coverage that is deemed unaffordable or fails to provide a prescribed minimum level of benefit value.
    United StatesEmployment and HR
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    REMINDER: Ongoing Participant Fee Disclosure Obligations for Retirement Plan Sponsors

    In 2011 and 2012, we alerted you to new requirements on plan administrators of participant-directed defined contribution retirement plans (e.g., 401(k) plans, 403(b) plans, profit sharing plans and money purchase plans) that are covered by the Employee Retirement Income Security Act ("ERISA") to disclose certain plan and investment-related information, including fee, expense and investment performance information, to participants and beneficiaries.
    United StatesEmployment and HR
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    UPDATE: One-Time Extension for Furnishing Annual Fee Disclosures to Participants

    Earlier this month we reminded you that plan administrators of participant-directed ERISA defined contribution retirement plans (e.g., 401(k) plans, 403(b) plans, profit sharing plans and money purchase plans) had to annually disclose certain fee information to participants and beneficiaries, and that for most plans there was an upcoming deadline in August 2013 for the second round of annual notices.
    United StatesEmployment and HR
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Federal Circuit Oral Arguments In Amgen v. Sandoz

    On June 3, the parties in Amgen v. Sandoz presented oral arguments to the Federal Circuit as part of their dispute over the Biologics Price Competition and Innovation Act (BPCIA).
    United StatesFood, Drugs, Healthcare, Life Sciences
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Magistrate Judge Pollak Recommends Granting Motion To Stay Pending Inter Partes Review

    Judge Pollak evaluated the stay motion under the three-factor test commonly employed by Courts to determine whether a stay is appropriate.
    United StatesIntellectual Property
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    New .XXX Top-Level Domain To Debut – Protect Your Trademark Now

    The Internet Corporation for Assigned Names and Numbers (ICANN), in coordination with ICM Registry, LLC (ICM), has launched the .XXX top-level domain, which is intended for web sites related to the adult entertainment industry.
    United StatesIntellectual Property
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Circuit Holds No Hearing Requirement In First Step Act Resentencing Challenge

    In United States v. Gadsden, the Second Circuit (Walker, Katzmann and Wesley, per curiam) affirmed the decision of the Southern District of New York denying Damone Gadsden's motion for...
    United StatesLitigation, Mediation & Arbitration
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Third Time's The Charm? Ultra Petroleum Make-Whole Dispute Is Once Again Headed To The Fifth Circuit.

    On Monday, November 30, Bankruptcy Judge Marvin Isgur approved a request by Ultra Petroleum and its affiliated debtors that he certify his October 26, 2020 ...
    United StatesLitigation, Mediation & Arbitration
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Hack Of IT Service Provider May Affect Thousands Of Private Businesses

    On December 13, the software and service provider SolarWinds announced that its Orion software platform had been the target of a sophisticated cyber-attack ...
    United StatesMedia, Telecoms, IT, Entertainment
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    FBI Warns Student Data At Risk

    Student data is a treasure trove for hackers.
    United StatesPrivacy
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    IRS Issues Guidance Regarding College And University Excise Tax

    The Notice states that before the issuance of the proposed regulations, applicable educational institutions may rely on the New Proposed Basis Rules described above.
    United StatesTax
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Cryptic Crypto: Creditors Move For Ch. 7 For Alleged Madoff-Like Fraud

    On Wednesday, November 18, two customers of Cred Inc., a cryptocurrency investment platform currently in Chapter 11, asked Delaware Bankruptcy Judge John T. Dorsey to convert the Chapter 11 case to a Chapter 7 liquidation ...
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Cyber Attacks Targeting K-12 Education Are On The Rise

    As remote learning continues to play a critical role in the world's pandemic response, cybercriminals see another opportunity for exploitation.
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Government Warns Of New Cyber Threats Targeting U.S. Businesses

    The Cybersecurity and Infrastructure Security Agency teamed up with the Federal Bureau of Investigation to issue a joint warning of cyber-attacks emanating from Iran and targeting U.S. federal agencies and businesses.
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP

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