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EPA's Endangerment Determination, Tailpipe Rule, Timing Rule, and Tailoring Rule survive multiple challenges, confirming EPA's ability to require permits under the Clean Air Act for emissions of carbon dioxide and other greenhouse gases

Setting the stage for what promises to be a blockbuster environmental case, the U.S. Supreme Court on December 6 agreed to hear a challenge to a Second Circuit decision allowing plaintiffs to maintain a public nuisance lawsuit against energy companies who operate fossil-fuel-fired electric generating plants, based on the companies’ alleged emissions of greenhouse gases that are claimed to contribute to climate change.

Final rules relating to the commercial end-user exception to the clearing requirements of the Dodd-Frank Act clarify who can take advantage of the exception and the requirements for doing so.

In a recent decision, "Ass’n for Molecular Pathology v. U.S. Patent and Trademark Office et al"., No. 2010-1406 (Fed. Cir. July 29, 2011), the Federal Circuit held that isolated DNA sequences are patent-eligible subject matter under 35 U.S.C. § 101 (Section 101).

The Internal Revenue Service (IRS) provided welcome and practical relief to businesses with the September 14 release of Notice 2011-72 (the Notice), which eliminates all recordkeeping requirements in connection with employer-provided cell phones and "other similar telecommunications equipment" that are provided to employees primarily for business purposes.

On June 28, the U.S. Supreme Court held that the Patient Protection and Affordable Care Act of 2010 (P.L. 111-148 or ACA) is constitutional with modifications to the Medicaid expansion provisions.

Sponsors of 457(b) plans may receive questionnaires aimed at identifying noncompliance issues.

The U.S. Department of Labor has recently issued Advisory Opinion 2013-03A, which discusses whether a bookkeeping account for revenue sharing payments constitutes "plan assets" under the Employee Retirement Income Security Act.

On September 19, the U.S. Department of Labor (DOL) announced that it will repropose its pending regulation that would amend the definition of what constitutes "investment advice" for purposes of creating fiduciary status under ERISA, rather than proceeding directly to a final regulation.

The Division of Investment Management of the U.S. Securities and Exchange Commission (SEC) recently issued a no-action letter to the U.S. Department of Labor (DOL), taking the position that disclosures required by a DOL regulation on participant-directed retirement plans would be treated as satisfying the SEC’s rules on mutual fund advertising.

Healthcare industry clients should be prepared for possible cuts to the Medicaid program, Medicare provider and supplier reimbursement rates, Medicare Advantage, and Medicare Part D, and for increased fees for manufacturers.

While the quality of the United States' food supply continues to be exceptionally reliable, problems do occasionally arise.

Just days before a potentially landscape-altering hearing in a Miami federal courtroom at which lawyers were going to be forced to testify about the legal advice they had given their clients during the course of an internal investigation, the parties quietly backed into their own corners and the hearing was cancelled.

On January 26, the Internal Revenue Service (IRS) announced its intention to require corporate taxpayers to disclose all uncertain tax positions on a new schedule to be attached to the yearly tax return.

Governor Christie signs bill that requires employers to post and distribute notice of employees' rights to gender-equal pay but vetoes other gender parity bills.

The Pension Benefit Guaranty Corporation has recently issued proposed rules under section 4043 of the Employee Retirement Income Security Act that would substantially change the rules relating to "reportable event" filing obligations.