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The Securities and Exchange Commission (SEC) intends to overhaul some of the rules governing the registration and offer of securities under the Securities Act of 1933 (Securities Act). In Release Nos. 33-8501 and 34-50624 (published earlier this month), the SEC proposes changes that it believes will "eliminate unnecessary and outmoded restrictions on offerings."

We live in an era of unprecedented litigiousness where doctors, lawyers, accountants and business owners frequently become defendants in lawsuits seeking damages in the tens of millions of dollars. Clients concerned about these potentially devastating liabilities are increasingly inquiring about the efficacy of establishing an asset protection trust (APT) as a part of a comprehensive estate plan to provide a measure of protection for their family’s core savings.

Leasehold mortgages have traditionally secured ground leases, but can also secure space leases of all types, and can add value to a wide variety of deals. However, there are pitfalls for the unwary: only when all parties to a deal fully understand the functioning of a leasehold mortgage is it possible to safely take advantage of this powerful and valuable mechanism.

The watershed enactment of the 415-page Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) this past December provides pharmaceutical and biologics manufacturers with a series of new opportunities and challenges to provide prescription drugs to more than 40 million Medicare beneficiaries. Most of the popular press has rightfully focused on the cost of the drug benefit to seniors, with analysis aimed at premiums, co-payments, doughnut holes and first dollar coverage. Mor

FDA has published three new draft guidances intended to further loosen constraints on Direct-to-Consumer (DTC) print and broadcast advertising. Comments on the guidances are due Monday, May 10, 2004. Although FDA guidances are nonbinding even when finalized, these initiatives were announced by then FDA Commissioner Mark McClellan, and they clearly signal FDA’s policy and enforcement intentions.

The U.S. Department of Justice (DOJ) is aggressively pursuing extreme interpretations of accessibility design requirements in investigations of, and litigation against, major national developers of multifamily and single-family housing. The alleged deficiencies include building, unit and sidewalk alterations that the industry historically has considered within expected "construction tolerances" and which would cost millions of dollars to alter.

As the economy cautiously recovers from the collapse of the housing market, we’ve learned remarkably little about the role of two of the boom and bust’s most notorious players—Fannie Mae and Freddie Mac.

Change is in the air with regard to the way in which prospective purchasers, lenders and others will conduct environmental due diligence in the future. These changes stem from Congress’ enactment of the Small Business Liability Relief and Brownfields Revitalization Act, 115 Stat. 2356 (the Brownfields Amendments of 2002 or Amendments).

In response to actual and perceived abuses of nonqualified deferred compensation plans by companies such as Enron Corporation, Congress has enacted sweeping changes to deferred compensation plans. Much like ERISA significantly changed the design and operation of qualified plans 30 years ago, the American Jobs Creation Act of 2004 (the Act) will have a profound impact on the design and operation of nonqualified deferred compensation plans.