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  • Article

    SEC Adopts Final Rule Requiring Listing Standards For Compensation Committees And Compensation Advisors

    The Securities and Exchange Commission has adopted a final rule pursuant to Section 952 of the Dodd-Frank Wall Street Reform and Consumer Protection Act requiring national securities exchanges to adopt listing standards for public companies addressing the independence of compensation committee members and the use by compensation committees of compensation advisers.
    United StatesCorporate/Commercial Law
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    SEC Continues To Amplify It Focus On Private Funds

    Since the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, private funds have become the subject of heightened scrutiny.
    United StatesCorporate/Commercial Law
Drinker Biddle & Reath LLP
Drinker Biddle & Reath LLP
  • Article

    Finally The Final … 408(b)(2) Regulation

    The Department of Labor (DOL) has issued the long-anticipated final service provider fee disclosure regulation (the "408(b)(2) regulation"). In this Alert, we describe what the amendment says; in a subsequent piece, we will explain the impact on various service providers.
    United StatesEmployment and HR
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    How The "Ambush" Election Process Will Work: NLRB’s Acting General Counsel Issues Guidance On New Procedures

    The talk of the employer community lately has been the National Labor Relations Board’s highly controversial final rule that severely and substantially modifies certain procedures in representation cases.
    United StatesEmployment and HR
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    In The Second Circuit, Unpaid Overtime Claims Must Allege Specifics

    The Dejesus decision is a welcome development for employers in the Second Circuit, because it requires plaintiffs, before filing a lawsuit, to at least come up with factual allegations supporting their claims.
    United StatesEmployment and HR
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Social Media Policies After The NLRB "Facebook Firing" Case Settles: What Are Employers To Do?

    In American Medical Response (AMR), a Connecticut ambulance service company terminated an employee after she posted negative comments about the employer and her supervisor on her Facebook page.
    United StatesEmployment and HR
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Whistleblower Lawsuit Against Drug Maker Fails Because "Off-Guideline" Marketing Does Not Constitute "Off-Label" Marketing

    In welcome news for the pharmaceutical industry, the U.S. District Court for the Eastern District of New York, issued a decision distinguishing between unlawful "off-label" marketing and lawfully marketing a drug for use outside of recommended guidelines.
    United StatesEmployment and HR
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Chinese Green Energy Products In The Crosshairs Of The Obama Administration

    Recent testimony before the Senate Committee on Energy and Natural Resources revealed that China's capacity to generate clean energy far outstrips its use in China.
    United StatesEnergy and Natural Resources
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Time Is Running Out To Hire An LSRP

    No longer will responsible parties with existing clean up cases need to decide whether to "opt-in" and retain a Licensed Site Remediation Professional (LSRP).
    United StatesEnergy and Natural Resources
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    SEC Proposes New Whistleblower Program

    The Securities and Exchange Commission (SEC) recently proposed rules under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) to reward whistleblowers who provide the SEC with information that leads to successful enforcement actions.
    United StatesFinance and Banking
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    SEC Whistleblower Rules Now In Effect

    The Securities and Exchange Commission's new whistleblower rules became effective on Aug. 12, 2011. With the new rules, the SEC launched a new webpage for people to report violations of the federal securities laws and apply for a financial reward.
    United StatesFinance and Banking
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Update On Say-on-Pay And Say-on-Golden Parachute Voting

    The Securities and Exchange Commission adopted rules implementing the "say-on-pay" and "say-on-golden parachute" provisions of Section 951 of the Dodd-Frank Wall Street Reform and Consumer Protection Act on January 25, 2011.
    United StatesFinance and Banking
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    "Dear Doctor" Letters: FDA Removes Behavior Tracking Recommendations From Proposed Guidance

    The United States Food and Drug Administration recently announced a modification of certain recommendations contained in the November 2010 draft guidance relating to the content, format, and dissemination of Dear Health Care Provider letters communicating important safety information by manufacturers or distributors of medications or biologics.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Supreme Court Upholds Health Care Reform: What's Next For Plan Sponsors

    On June 28, 2012, the U.S. Supreme Court issued its highly anticipated decision on the constitutionality of the Patient Protection and Affordable Care Act of 2010 (i.e., "health care reform"), finding the individual mandate within Congress' taxing power and the health care reform law constitutional.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Whistleblower Lawsuit Against Drug Maker Fails Because "Off-Guideline" Marketing Does Not Constitute "Off-Label" Marketing

    In welcome news for the pharmaceutical industry, the U.S. District Court for the Eastern District of New York, in United States ex rel. Polansky v. Pfizer, Inc., issued a decision distinguishing between unlawful "off-label" marketing and lawfully marketing a drug for use outside of recommended guidelines.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Senate Fails To Pass A Budget

    On May 16, 2012, the Senate failed to pass five different budget proposals, thus ensuring Congress will not enact a budget this year.
    United StatesGovernment, Public Sector
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Florida Regulator Fires Salvo In Unclaimed Property Controversy

    The latest salvo in the ongoing unclaimed property controversy between regulators and life insurers has come in the form of a Declaratory Statement issued by Florida’s Department of Financial Services.
    United StatesInsurance
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    State, BIS Revise Proposed Definition Of "Specially Designed"

    The DDTC and the BIS concurrently published highly anticipated revisions to their July 15, 2011, proposed definition of "specially designed" in the Federal Register.
    United StatesIntellectual Property
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Say Goodnight, Facey: Twitter, Path File Amicus Brief In Ninth Circuit TCPA Appeal

    The Los Angeles Lakers found allies recently in Twitter and Path, when the social media companies sided with the Lakers to oppose an appeal from a dismissal of a putative class action asserting TCPA claims based on allegedly unsolicited text messages.
    United StatesConsumer Protection
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
  • Article

    Congressional Health Care Outlook: 2012

    As Congress plays beat the clock, most people already have 2011 in the rear-view mirror and are looking to 2012, trying to discern what the Congress will do – or not – with respect to health care.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Drinker Biddle & Reath LLP
    Drinker Biddle & Reath LLP
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