The Department of Labor has finalized revisions to the ERISA class exemption that permits parties-in-interest to participate in investment transactions with a plan managed by a "qualified professional asset manager" (QPAM).

A longstanding skirmish regarding jurisdiction over renewable energy development in the Outer Continental Shelf (OCS) may have been laid to rest.

The Federal Energy Regulatory Commission (FERC) issued a policy statement regarding natural gas quality and interchangeability at its June 15, 2006 meeting.

The U.S. Supreme Court ruled yesterday in LaRue v. DeWolff, No. 06-856, that individual participants in defined contribution plans can sue under ERISA for losses to their individual accounts caused by an alleged fiduciary breach.

The Separate Account Risk Charge (E) Working Group (Risk Charge Working Group) of the National Association of Insurance Commissioners (NAIC) recently held its first meeting by conference call (chaired by Blaine Shepherd of Minnesota).

A comprehensive version of the Restoring American Financial Stability Act of 2010 (Senate Bill) passed by the Senate on May 20, 2010 has been released, which incorporates all of the approved amendments into the text of the bill, including those revised on the floor during debate.

District Court Without Jurisdiction Over Calpine Efforts to Reject Power Contracts.

In a divided en banc decision on May 18, 2009, the Federal Circuit held that infringement of a product-by-process claim requires the accused to have practiced the “process terms” of the claim.

A slight improvement has been made by the Internal Revenue Service (IRS) in the procedures required for grants to section 509(a)(3) supporting organizations by private foundations and donor advised funds.

On January 29, 2009, President Barack H. Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009, drastically changing the time frame in which employees can file wage discrimination claims against their employers.

On August 8, 2008, PPL Energyplus filed what appears to be the first legal action calling into question the enforceability of an emissions allowance contract in light of the United States Court of Appeals for the District of Columbia Circuit's (the "D.C. Circuit ") decision vacating the Clear Air Interstate Rule ("CAIR") in North Carolina v. EPA (No. 05-1244). PPL is asking the U.S. District Court for the Southern District of New York to find that the

The United States Supreme Court rejected the Federal Circuit’s "general rule" that a permanent injunction should issue upon a finding of patent infringement in a concise opinion dated May 15, 2006. eBay Inc. v. MercExchange, L.L.C., 2006 U.S. LEXIS 3872 (2006).

The Multistate Tax Commission (“MTC”) held its Fall Committee Meetings last week in San Antonio, Texas. The MTC did not undertake any new projects, but did continue to push forward with several existing projects of importance to multistate business taxpayers.

On March 22, 2010, in "Ariad Pharmaceuticals v. Eli Lilly & Co.", No. 2008-1248, an "en banc" panel of the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) reaffirmed that 35 U.S.C. § 112, first paragraph, sets forth a written description requirement that is separate from the enablement requirement.

In PLR 200825009 (March 7, 2008), publicly released on June 20, 2008, the Internal Revenue Service ("IRS") provided its first guidance concerning the treatment of gain from the sale of surplus CO2 emissions allowances under the Internal Revenue Code's (the "Code") Subpart F rules.

One of the most controversial proposals for regulating the derivatives market may have come to an end with yesterday’s announcement by New York State Insurance Department Superintendent Eric Dinallo that his department would delay indefinitely its plan to regulate covered credit default swaps ("CDS").

On November 10, 2009, the U.S. Supreme Court heard oral argument in "Hertz Corp. v. Friend". The case asks the Court to clarify the standard for determining a company’s "principal place of business" for invoking federal court jurisdiction in cases where a corporate party does business in multiple states.

The rules for qualified annuity contracts – contracts forming plans qualified under section 401(a), 403(a), 403(b), 408 or 457(b) of the Internal Revenue Code – include required minimum distributions generally at retirement or age 70-1/2, as well as at death.