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  • Article

    Client Alert - Energy

    On August 23, 2006, the Federal Energy Regulatory Commission ("FERC") issued a final rule (Order No. 682) requiring natural gas companies to report serious damage to their facilities caused by hurricanes, other natural disasters, or terrorist activities, or any other damage that could result in serious delivery problems.
    United StatesEnergy and Natural Resources
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Single Asset Real Estate Cases – Enforcing The Stay May Be Difficult Under The New Bankruptcy Code

    When Congress recently amended the Federal Bankruptcy Laws, one important change made it more difficult for debtors in single asset real estate cases to maintain the automatic stay without filing a plan of reorganization or making interest payments to secured creditors.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    IRS Discussion Draft Of Good Governance Guidelines

    The Internal Revenue Service has floated a discussion draft of good governance practices for Section 501(c)(3) organizations.
    United StatesTax
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    She Who Shall Not Be Infringed

    A federal district court has ruled that an unauthorized fan encyclopedia compiling and describing characters, concepts and events in the “Harry Potter and . . .” book series violates author J.K. Rowling’s copyrights in the works.
    United StatesIntellectual Property
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    OIG Finds Some Medicare Drug Plan Web Sites Do Not Meet Federal Requirements

    A recently released report by the Department of Health and Human Services Office of Inspector General (OIG) revealed that approximately one-third of the Medicare Part D prescription drug plan (PDP) sponsors’ Internet web sites did not contain all of the content required by the Medicare regulations and that eighty-five percent of the web sites did not comply with Federal requirements for accessibility.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Employee Benefits Client Alert

    Effective for distributions expected to be paid or to begin on or after October 1, 2004, plan sponsors of defined benefit plans (including cash balance plans) must provide a participant or beneficiary with a comparison of the amount of benefit payment under the available optional forms of benefit and the payment under the qualified joint and survivor annuity (QJSA)
    United StatesStrategy
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    CMS Issues Interim Final Rule Clarifying Definition Of Targeted Case Management

    On December 4, CMS published an interim final rule clarifying the definition of case management and targeted case management (TCM) services for which states may receive Medicaid payment.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Guilty Verdict In First Options Backdating Trial May Embolden Prosecutors

    On August 7, 2007, a jury in the United States District Court for the Northern District of California found Gregory L. Reyes, the former CEO of Brocade Communications Systems, Inc. ("Brocade"), guilty of securities fraud and conspiracy for backdating stock options granted to Brocade employees.
    United StatesCriminal Law
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    CMS Proposes To Eliminate Federal Medicaid Funding For School-Based Administrative Expenditures And Transportation Between School And Home

    On September 7, the Centers for Medicare and Medicaid Services issued a proposed rule titled “Elimination of Reimbursement Under Medicaid for School Administration Expenditures and Costs Related to Transportation of School-Age Children Between Home and School.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Long-Awaited REIT Revisions Enacted

    On July 30, 2008, President Bush signed into law the “Housing and Economic Recovery Act of 2008,” which liberalizes some of the tax rules governing real estate investment trusts proposed by NAREIT in 2007.
    United StatesReal Estate and Construction
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Federal Trade Commission Warns Firms That It Will Challenge Acquisitions That Take Place In Small Increments

    On April 28, 2008, the Federal Trade Commission announced a complaint challenging a string of transactions completed between 2002 and 2005, and proposed a consent order that imposed conduct restrictions on the acquirer in order to reduce the anti-competitive effects of the cumulative transactions.
    United StatesAntitrust/Competition Law
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    House Small Business Committee Holds Hearing On Small Supplier Concerns Over Medicare Competitive Bidding

    The U.S. House of Representatives Committee on Small Business, Subcommittee on Investigations and Oversight, held a hearing October 31, 2007 about the potential impact of the Medicare competitive bidding program on small providers.
    United StatesConsumer Protection
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    President Signs End-of-Year Healthcare Legislation

    On December 29, 2007, the President signed into law the Medicare, Medicaid and SCHIP Extension Act of 2007 (the Act).
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    USCIS Reaches FY 2009 H-1B Cap

    U.S. Citizenship and Immigration Services announced that it has received enough regular H-1B petitions to meet the congressionally mandated cap for fiscal year 2009.
    United StatesImmigration
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    New US Patent Office Rules Substantially Increase Burdens And Risks To Patent Applicants

    The US Patent & Trademark Office has announced significant new rules regarding the preparation and prosecution of patent applications. The rules go into effect on NOVEMBER 1, 2007, but have RETROACTIVE EFFECT.
    United StatesIntellectual Property
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Supreme Court Overrules Per Se Prohibition On Retail Price Maintenance

    In a decision sure to cause both manufacturers and retailers to examine their resale pricing policies, on June 28, 2007, the United States Supreme Court overruled the nearly 100 year old rule that agreements to establish minimum resale prices constitute per se violations of section 1 of the Sherman Act.
    United StatesLitigation, Mediation & Arbitration
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Tax - Exempt Organizations Should Review Compensation Packages

    The Internal Revenue Service released the final regulations regarding taxation of excess benefit transactions on January 22, 2002. The regulations set forth rules governing transactions between public charities and social welfare organizations, and directors, officers, employees, related organizations and other "insiders.
    United StatesStrategy
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Government Says Contractors Owe Taxes; Members Of Congress Call For Debarring Contractors

    The U.S. Government Accountability Office (GAO), an arm of Congress, testified before the U.S. Senate on June 16 that a study of government contractors shows that as many as 33,000 civilian contractors owe the Government more than $3 billion in unpaid taxes. GAO matched government contractor records with files of the Internal Revenue Service (IRS) to identify the contractors
    United StatesGovernment, Public Sector
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Practical Implications Of The Supreme Court’s Recent Decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 550 U.S. ___, (2007)

    On June 28, 2007, in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 550 U.S. ___, (2007), overruling Dr. Miles Medical Co. v. John D. Park & Sons, 220 U.S. 373 (1911), the Supreme Court overruled a nearly 100 year old antitrust decision by holding that vertical agreements to institute minimum resale price maintenance ("RPM") are not per se illegal.
    United StatesLitigation, Mediation & Arbitration
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Consumer Product Safety Commission Issues Largest Fines in History of Agency

    The Consumer Product Safety Commission (CPSC) has been flexing its regulatory muscles in recent weeks by levying severe fines against companies who have failed to report product hazards on a timely basis. CPSC Chairman Hal Stratton has stated publicly that the recent actions are intended to demonstrate the CPSC’s "commitment to protecting American families by holding companies accountable for keeping safety information from us.
    United StatesConsumer Protection
    Powell Goldstein LLP
    Powell Goldstein LLP

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