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  • Article

    IRS Issues Temporary Regulations Eliminating Advance Ruling Process And Making Other Changes To Implement The New Form 990

    On September 8, 2008, the Internal Revenue Service issued temporary regulations that eliminate the advance ruling period for new Section 501(c)(3) organizations, thus simplifying the approval process for new organizations seeking to be classified as publicly supported charities.
    United StatesTax
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Capital One To Pay $80 Million Fine For 2019 Data Security Hack

    As we previously reported, Capital One Financial Corporation announced in July 2019 a major data security breach when an individual gained unauthorized access to personal information about Capital One credit card customers.
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
Patterson Belknap Webb & Tyler LLP
  • Article

    Study Shows Banks Block 80% Of Cyberattacks … But Is That Enough?

    In Accenture's 2018 State of Cyber Resilience for Banking & Capital Markets study, the consulting firm reported the rate at which cyber-attacks on banking and capital markets firms are successful dropped from 36 percent in 2017 to 15 percent in 2018.
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Amgen v. Sandoz: Federal Circuit Grants Injunction Pending Appeal

    Yesterday the Federal Circuit granted Amgen’s motion for an injunction pending appeal in Amgen v. Sandoz, the first appeal to squarely address the patent litigation provisions of 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

    First Round Of BPCIA Litigation: Declaratory Judgment Act Can’t Be Used To Avoid The "Patent Dance"

    Five years after the passage of the BPCIA, litigation concerning the statute's patent procedures has recently begun to reach the courts.
    United StatesIntellectual Property
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Hong Kong Competition Commission Releases Draft Competition Ordinance Guidelines

    On October 9, 2014, the Hong Kong Competition Commission and Communications Authority published draft guidelines under the Hong Kong Competition Ordinance.
    Hong KongAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    American Express: Key Insights As Trial Ends

    The long trial in United States v. American Express has come to an end: on September 18, 2014, the parties exchanged post-trial briefing and on October 9, 2014, the court held oral argument.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Four Takeaways From The Ongoing Air Cargo Price-Fixing Litigation

    Nippon Cargo Airlines Co. Ltd last week agreed to pay $36.55 million to settle claims that it conspired with other airlines to fix rates for air cargo services in the early 2000s.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    FTC Moves To Halt Merger Between Staples And Office Depot

    The market the FTC defined in its complaint—sale and distribution of consumable office supplies to large, business-to-business customers—is distinct from the retail market for office supplies sold to consumers.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    FTC Provides Guidance On State Regulatory Board Antitrust Liability Following Supreme Court Decision

    Earlier this year, we covered the Supreme Court's decision in North Carolina State Board of Dental Examiners v. FTC, which held that a state regulatory board composed of "active market participants" was not immune to federal antitrust laws unless the state "actively supervised" the board.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    The DOJ's Airline Investigation: A Primer

    Last month, the Associated Presswas the first to report that the DOJ is investigating whether American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines have engaged in collusion.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    New York City’s Earned Sick Time Act to Go into Effect on April 1, 2014

    New York City’s Earned Sick Time Act will go into effect for certain employers on April 1, 2014.
    United StatesEmployment and HR
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Federal Estate, Gift and Generation Skipping Transfer Tax Update

    The repeal of the federal estate and generation skipping transfer ("GST") taxes, and the decrease in the federal gift tax rate, are scheduled to "sunset" on January 1, 2011, absent further Congressional action.
    United StatesTax
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Form 1023-EZ Is Now Live

    The IRS formally announced the Form 1023-EZ's introduction on July 1, 2014. Now that the form is live, we would like to highlight the key updated points.
    United StatesTax
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    TX Supreme Court Evaluates Terms Of "Follow Form" Excess Policy Independently From Underlying Policy

    In December 2024, the Texas Supreme Court held in Ohio Casualty Insurance Co. v. Patterson-UTI Energy Inc. et al. that an excess insurer had no obligation to reimburse an insured's defense costs under the terms.
    United StatesInsurance
    Phelps Dunbar LLP
    Phelps Dunbar LLP
  • Article

    Fiscal Cliff Legislation - Employee Benefits and Compensation Provisions of Interest

    Earlier this month we notified you that that under the American Taxpayer Relief Act of 2012—i.e., the "fiscal cliff legislation"—Congress extended the ability of employers to pay or reimburse an employee on a tax-free basis for up to $5,250 in educational assistance (which does not have to be job-related) under a written plan of the employer.
    United StatesTax
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    AlarMax's Robinson-Patman Claims Against Honeywell Survive

    AlarMax Distributors Inc. may pursue price discrimination claims under the Robinson-Patman Act (RPA) against Honeywell International Inc., a federal judge in Pennsylvania ruled last week.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Antitrust Regulators Seek "Superhero" Cooperation

    The head of the Department of Justice's criminal antitrust unit called Monday for greater international cooperation in limiting the cost for companies to cooperate with investigators.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Court Rules Against American Express Based on Both Direct and Indirect Evidence of Harm to Competition

    On February 19, 2015, the District Court for the Eastern District of New York issued its ruling on liability in United States v. American Express.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Court Sacks Photographers’ Antitrust Claims Against The NFL And Its Member Teams

    Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an "efficient enforcer" of the antitrust laws, the complaint is vulnerable to a motion to dismiss.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
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