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Health Savings Accounts ("HSAs") were created by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2446), signed into law by President Bush on December 8, 2003. Financial institutions may be interested in offering this relatively new product, or may be approached by an entity such as an employer seeking a trustee or custodian for an HSA product that it wishes to make available to its employees with high-deductible health plans. Accordingly,

Recent updates from Mayer, Brown, Rowe and Mawe LLP's Fall 2003 Labor and Employment Newsletter

In an effort to curb abusive securities fraud litigation, the Private Securities Litigation Reform Act of 1995 ("PSLRA") requires plaintiffs to "state with particularity facts giving rise to a strong inference that the defendant acted" with scienter, i.e., that the defendant’s intention was to deceive, manipulate, or defraud. 15 U.S.C. § 78u-4(b)(2) (emphasis added).

Overruling a nearly 100 year-old precedent, in a 5-4 decision, the Supreme Court has ruled that agreements setting minimum retail prices and other minimum resale prices no longer are per se illegal under the US federal antitrust laws, and instead, must be "judged by the rule of reason" on a case-by-case basis.

The federal banking agencies recently issued joint guidance regarding the disclosure and administration of overdraft protection programs. The Office of Thrift Supervision ("OTS"), however, issued separate guidance just days before the release of the joint agency guidance. The following article summarizes key points of each guidance and highlights some of the important differences between them.

On December 10, 2004, the Supreme Court granted certiorari in two cases of interest to the business community. Amicus briefs in support of the petitioners will be due on Monday, January 24, 2005, and amicus briefs in support of the respondents will be due on Monday, February 28, 2005.

On November 23, 2004, the staff of the Division of Corporation Finance of the Securities and Exchange Commission answered in writing 30 frequently asked questions (the "Frequently Asked Questions") they had been receiving on the Form 8-K changes that were effective August 23, 2004.