On July 22, 2009, U.S. Senator Arlen Specter introduced the Notice Pleading Restoration Act of 2009, S. 1504.

The United States Court of Appeals for the Second Circuit this week squarely rejected the trend within that circuit to limit the showing that plaintiffs must make when seeking class certification.

In a late-breaking stunning victory for corporate taxpayers, at a public hearing yesterday Maryland General Assembly’s Joint Committee on Administrative, Executive, and Legislative Review (“AELR”) extended the due date for Maryland’s new corporate income tax information reporting requirements for an additional 45 days.

Proposed amendments to the regulations governing the modification of commercial mortgage loans held by REMICs were published today. The proposed regulations would expand the types of modifications that can be made to mortgages held by a REMIC without negative tax implications to the REMIC.

The United States Court of Appeals for the D.C. Circuit issued a significant opinion recently in which it vacated and remanded the Federal Energy Regulatory Commission’s ("Commission" or "FERC") decision in Order 2004, which expanded the reach of the Standards of Conduct for Transmission Providers ("Standards") to encompass relationships between natural gas companies and their non-marketing affiliates.

The American Jobs Creation Act of 2004 (the "Jobs Act"), which was signed by the President on October 22, 2004, includes far-reaching changes to the tax laws governing nonqualified deferred compensation. Last month, we sent out a brief Legal Alert describing these changes.

The Pension Protection Act permits, within limits, owners of IRA’s and Roth IRA’s who are over age 70-1/2 to make a direct transfer from the account to a qualified charity on a tax-free basis

On October 31, 2007, the United States District Court for the Eastern District of Virginia preliminarily enjoined the United States Patent and Trademark Office (USPTO) from implementing its new patent rule changes concerning continued examination practice, patent applications containing patentably indistinct claims, and examination of claims (the "Revised Patent Rules") until further notice.

On June 29, 2010, the Department of Health and Human Services (HHS) released the official application for the Early Retiree Reinsurance Program (ERRP) and related instructions, opening the ERRP to employer reimbursement requests.

In Advisory Opinion 2005-19A, issued August 26, 2005, the Department of Labor opined on the treatment under the ERISA "plan asset" regulations of investments held by insurance company subsidiaries.

Yesterday saw noteworthy consumer class action decisions from the Eleventh and Seventh Circuits—both wins for defendants.

On May 17, 2006, the United States Court of Appeals for the Sixth Circuit issued its Opinion in Power & Tel. Supply Co. v. SunTrust Banks, Inc., 2006 U.S. App. LEXIS 12087, 2006 FED App. 166P (6th Cir. Tenn. 2006) addressing the duties owed by banks to their customers in derivative transactions.

On December 1, 2009, the time computation amendments to Rule 6 of the Federal Rules of Civil Procedure will take effect, simplifying the computation of deadlines and changing the timing requirements of many rules.

On November 6, 2008, the U.S. Court of Appeals for the First Circuit overturned the dismissal of a complaint against an insurer asserting breaches of fiduciary duties under ERISA where the insurer paid life insurance benefits by means of a retained asset account.

The ongoing debate over regulation of the over-the-counter (OTC) derivatives market recently picked up considerable steam following the release of Sen. Blanche Lincoln’s (D-AR) much anticipated bill governing OTC transactions on March 16, 2010.

In Field Assistance Bulletin 2009-02 (July 20, 2009), the U.S. Department of Labor (DOL) provided helpful guidance for sponsors of § 403(b) programs subject to ERISA in complying with new Form 5500 annual reporting requirements.

The Office of Management and Budget (OMB) has posted a draft of the Early Retiree Reinsurance Program (ERRP) Application as submitted for review by the Department of Health and Human Services (HHS).

In a major development for offshore renewable energy on the Outer Continental Shelf (OCS), Federal Energy Regulatory Commission (FERC) Acting Chairman Jon Wellinghoff and Interior Secretary Ken Salazar today announced an agreement between their agencies to facilitate the permitting and siting of renewable energy projects on the OCS.