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In a Compliance Process Bulletin issued yesterday, the North American Electric Reliability Corporation (NERC) provided guidance to entities registered for compliance with the mandatory and enforceable Reliability Standards on delegating reliability tasks to third parties.

The New York Legislature has enacted a budget bill that reflects significant changes and poses potential new tax liabilities for a wide range of corporate taxpayers.

On June 27, 2005, in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the United States Supreme Court held that software companies may be held liable for copyright infringement if there is evidence showing an intent to encourage infringement through use of their software by third parties.

Recently, the European Patent Office (EPO) announced changes to the rules of the European Patent Convention (EPC) as part of the EPO’s initiative to speed up patent examination.

On September 27, 2006, the Department of Labor ("DOL") proposed regulations to provide ERISA relief to fiduciaries of participant-directed defined contribution plans that invest participant accounts in certain types of default investment alternatives in the absence of participant investment directions.

In a unanimous decision issued today, the New Jersey Supreme Court held that New Jersey could impose its Corporation Business Tax (“CBT”) on an out-of-state corporation without a physical presence in New Jersey. Lanco, Inc. v. Director, Div. of Taxation, Docket No. A-89-05 (N.J. October 12, 2006).

Perhaps the biggest news in the financial world this week, overshadowing the announcements of exceptional bank profits, is the Financial Crisis Responsibility Fee (the "FCR Fee") proposed yesterday by President Obama.

The Multistate Tax Commission’s (“MTC”) 2006 Fall Committee Meetings were held last week (November 13-16, 2006) in St. Louis, Missouri. During these meetings, the Income and Franchise Tax Uniformity Subcommittee (the “Income and Franchise Subcommittee” or “Subcommittee”) held extensive discussions on the current draft of its model proposed telecommunications apportionment regulation, as well as its recently drafted policy checklist that identifies perceived tax concerns with real estate investme

On October 3, 2008, following a week of intense negotiations, the House of Representatives gathered enough votes to finally approve landmark legislation, H.R. 1424, that includes the “Emergency Economic Stabilization Act of 2008” (the “Stabilization Act” or “Act”).

On May 3, 2006, the California Franchise Tax Board ("FTB") issued Legal Ruling 2006-02 which explains how to apply a Costs of Performance ("COP") analysis when sourcing receipts from sales of other than tangible personal property, in circumstances where a member of the taxpayer’s combined reporting group performs services on behalf of the taxpayer.

The Obama Administration today signaled a more aggressive antitrust enforcement policy and a clear shift away from the Bush Administration’s more laissez-faire approach.

The U.S. Bankruptcy Court for the Southern District of New York recently issued an opinion in the case of "In re Lehman Brothers Holdings Inc." that significantly restricts the scope of setoff rights for energy traders and other participants in derivatives and forward commodity markets.

A recent 11th Circuit case, Valley Drug Co. v. Geneva Pharmaceuticals, Inc., sheds light on the complex intersection of patent and antitrust law in the context of a settlement agreement between a name brand pharmaceutical manufacturer and two allegedly infringing generic manufacturers that were seeking FDA approval of a drug patented by the name brand manufacturer.

NASD issued a Notice to Members ("NTM 06-38") reminding firms and associated persons that life settlements involving variable insurance policies are securities transactions subject to NASD rules. This NTM follows other recent Notices regarding insurance product sales practices and serves to highlight the continuing regulatory scrutiny over this area.

Longevity annuities are contracts that provide life annuity payments typically commencing at age 80 or 85; in many cases, that is the only benefit the contract provides.

In a 5-3 majority decision issued on April 27, 2010, the U.S. Supreme Court held in "Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp.", No. 08-1198, that imposing class arbitration on parties who have not agreed specifically to class arbitration is inconsistent with the Federal Arbitration Act (FAA), 9 U.S.C. § 1 "et seq".