ArticleIs The FRAND Regime Due For An Overhaul?In today's technology-heavy world, technical interoperability standards are quite common. United StatesAntitrust/Competition LawPatterson Belknap Webb & Tyler LLP
ArticleKeurig Fights To Dismiss All Antitrust Claims Brought Against ItThe court heard oral argument last Thursday on these three motions to dismiss and its decision will likely clarify who among a manufacturer's competitors and direct and indirect consumers may bring antitrust claims in the future.United StatesAntitrust/Competition LawPatterson Belknap Webb & Tyler LLP
ArticleMajor Reversal Of Insider Trading Convictions After Trial: Second Circuit Sets High Bar For Tippee LiabilityThe United States Court of Appeals today reversed the convictions for insider trading of Todd Newman and Anthony Chiasson.United StatesCriminal LawPatterson Belknap Webb & Tyler LLP
ArticleSupreme Court Ruling On Same-Sex Marriage: Impact On Employee BenefitsThe United States Supreme Court’s landmark decision on June 26, 2013 in United States v. Windsor that struck down Section 3 of the Defense of Marriage Act as unconstitutional has far reaching implications for employee benefit plans.United StatesEmployment and HRPatterson Belknap Webb & Tyler LLP
ArticleStrong Support For Sequenom's Petition For Rehearing En BancSequenom petitioned the court for rehearing en banc, arguing that the panel's failure to consider the claimed method as a whole was contrary to Diamond v. Diehr...United StatesFood, Drugs, Healthcare, Life SciencesPatterson Belknap Webb & Tyler LLP
ArticleTough Choices Confront Trade Creditors When A Retailer Faces BankruptcyThe Great Recession has been especially hard on U.S. retailers, and its impact likely will be felt for many more years.United StatesInsolvency/Bankruptcy/Re-StructuringPatterson Belknap Webb & Tyler LLP
ArticleFDA Promises Guidance On Lawful Off-Label PromotionThe FDA announced that the agency would issue a draft guidance document addressing the contours of lawful and unlawful off-label promotion.United StatesFood, Drugs, Healthcare, Life SciencesPatterson Belknap Webb & Tyler LLP
ArticleSecond Circuit Adopts Rule Making It Easier To Find Liability For Foreign Anticompetitive ConductOn June 4, 2014, the Second Circuit issued its decision in Lotes Co., Ltd. v. Hon Hai Precision Industry Co., an important ruling on the reach of the U.S. antitrust laws to foreign conduct.United StatesAntitrust/Competition LawPatterson Belknap Webb & Tyler LLP
ArticleSecond Circuit Lays Out New Rules For RestitutionOn February 6, 2015, the United States Court of Appeals for the Second Circuit decided an appeal which interpreted the restitution provisions of the Victims and Witnesses Protection Act.United StatesLitigation, Mediation & ArbitrationPatterson Belknap Webb & Tyler LLP
ArticleSEC Adopts Rule 144 And Rule 145 AmendmentsOn December 6, 2007, the Securities and Exchange Commission (the "SEC") adopted amendments to Rules 144 and 145 under the Securities Act of 1933, as amended (the "Securities Act").United StatesFinance and BankingPatterson Belknap Webb & Tyler LLP
ArticleSEC Adopts Jobs Act Private Placement Provisions: Lifts Ban On General Solicitation And Advertising In Private PlacementsThe Securities and Exchange Commission recently approved by a vote of 4-1 final rules that eliminate the prohibition against general solicitation and advertising in certain private offerings of securities. United StatesCorporate/Commercial LawPatterson Belknap Webb & Tyler LLP
ArticleIRS Issues Guidance On 2009 Required Minimum Distributions For Defined Contribution Retirement PlansAs a means of alleviating some of the financial burdens on older Americans in these unprecedented economic times by allowing participants to retain investments in their retirement accounts and perhaps recoup lost value prior to distribution, the Worker, Retiree, and Employer Recovery Act of 2008 (the "Act") suspended required minimum distributions ("RMDs") for calendar year 2009.United StatesEmployment and HRPatterson Belknap Webb & Tyler LLP
ArticleOakland A’s May Not Move, Ninth Circuit SaysAfter the Ninth Circuit’s decision on January 15, 2015, Major League Baseball maintains its exemption from the antitrust laws. United StatesAntitrust/Competition LawPatterson Belknap Webb & Tyler LLP
ArticleDistrict Court Ruling Could Significantly Limit Madoff Trustee'sOn September 27, 2011, U.S. District Judge Jed S. Rakoff issued an important ruling in the action commenced by Irving Picard ("Trustee"), trustee for Bernard L. Madoff Securities LLC ("Madoff"), against a group of individuals and investment entities affiliated with the New York Mets (collectively, "Defendants").United StatesCriminal LawPatterson Belknap Webb & Tyler LLP
ArticleSEC Liberalizes Exemption From Registration For Non–U.S. Companies Under Rule 12g3-2(B)The U.S. Securities and Exchange Commission (SEC) has adopted amendments to Rule 12g3-2(b) that significantly liberalize the exemption afforded to certain non-U.S. companies from registration of their equity securities under the U.S. Securities Exchange Act of 1934, as amended (Exchange Act).United StatesFinance and BankingPatterson Belknap Webb & Tyler LLP
ArticleReady Or Not: New Federal COBRA Subsidy Law Requires Prompt Employer ActionOn February 17, 2009, President Obama signed the American Recovery and Reinvestment Tax Act of 2009 (the "Act") into law. United StatesEmployment and HRPatterson Belknap Webb & Tyler LLP
ArticleEO Special Edition - New IRS Form 990 Changes The Landscape For Public Disclosure By Exempt OrganizationsIn June 2007, the IRS released a draft of a revised Form 990 and provided the public with an opportunity for comments. United StatesTaxPatterson Belknap Webb & Tyler LLP
ArticleThe U.S. Biosimilar Pathway: The First Five Years And What’s AheadThe Biologics Price Competition and Innovation Act of 2009 (BPCIA) was passed as part of health reform signed into law by President Obama in March 2010. United StatesFood, Drugs, Healthcare, Life SciencesPatterson Belknap Webb & Tyler LLP
ArticleFTC Unveils Stricter Guidelines for Green MarketingThe Federal Trade Commission yesterday released its much anticipated revisions to its "Green Guides," tightening the rules governing how advertisers should craft and substantiate environmental benefit or "green" claims. United StatesEnergy and Natural ResourcesPatterson Belknap Webb & Tyler LLP